Article IV Use Regulations

§ 250-4.1 Permitted and prohibited uses.

[Amended 5-5-2018 ATM by Art. 31; 11-13-2018 STM by Art. 15; 5-4-2019 ATM by Art. 25; 11-15-2022 STM by Art. 11; 5-6-2023 ATM by Art. 22; 11-14-2023 STM by Art. 13; 5-3-2025 ATM by Art. 31]

No building or structure shall be constructed and no building, structure or land, or part thereof, shall be used for any purpose or in any manner other than:

(1)

One principal permitted use, except as hereinafter provided;

(2)

A use permitted by special permit from the Zoning Board of Appeals or the Planning Board;

(3)

An accessory use allowed in Residential and Outlying Districts;

(4)

A residential use in the Retail Commercial and the Commercial District, which shall comply with § 250-5.1D(1).

Any use not specifically listed or otherwise permitted in a district herein established shall be deemed prohibited. All residential development of 10 or more units permitted pursuant to the Subdivision Control Law (MGL Chapter 41), the Lunenburg Zoning Bylaw planned residential area (§ 250-5.5), and the Lunenburg Zoning Bylaw mixed residential development (§ 250-5.4), in all districts shall "set aside" dwelling units for low- or moderate-income persons and families as defined by the Massachusetts Department of Housing and Community Development (DHCD) and said set-aside dwelling units shall qualify for the DHCD subsidized housing inventory for the Town of Lunenburg and shall count toward the mandate of the housing inventory threshold set in MGL Chapter 40B.

(1)

A development containing 10 or more units shall set aside 10% of the units as moderate- or low-income units. A development containing 36 or more units shall set aside 15% of the units as moderate- or low-income units. The set-aside units shall conform to the zoning requirements of the zone in which the units shall be built. The set-aside units may be developed as sale or rental units. All partial units under this formula will be rounded to the next highest number.

(2)

The following conditions will prevail:

(a)

The low- or moderate-price set-aside units shall be dispersed within the site.

(b)

The exterior and interior quality and appearance of the set-aside units shall be the same as the market-price units.

(c)

The set-aside units shall be made available to qualified low- and moderate-income persons or families in perpetuity. The Lunenburg Housing Authority will determine the qualified persons or families and will administer the process through a lottery.

Nothing in this bylaw shall prohibit, regulate or restrict the use of land or structures in any district for the following uses:

(1)

Religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a nonprofit educational corporation, except as provided in MGL c. 40A, § 3, as amended.

(2)

Agriculture, horticulture, floriculture and viticulture as their primary purpose, provided that such uses shall be limited to parcels of land containing at least five acres or at least two acres qualified under MGL c. 40A, § 3.

(3)

Activities accessory to activities otherwise permitted within the district as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, whether or not on the same parcel as activities permitted as a matter of right, subject to the provisions of § 250-8.3. for a special permit.

Uses permitted in all districts:

(1)

Cemeteries.

(2)

Municipal buildings and uses.

(3)

Conservation areas for water, plants and wildlife and dams necessary for achieving this purpose, farming, including raising, harvesting and storing crops, truck gardening and grazing, orchards, nurseries, forest and tree farms and areas for horticulture and floriculture, but not including fur farms or piggeries, provided that:

(a)

Equipment necessary for these uses is normally stored in an enclosure.

(4)

Small wastewater treatment facilities which shall be designed and operated in accordance with the Lunenburg Planning Board regulations for the design, operation and maintenance of small wastewater treatment facilities and sewage pumping stations contained in the Rules and Regulations Governing the Subdivision of Land,[1] provided that:

(a)

The location of such plants shall be shown on a development plan approved by the Planning Board in accordance with § 250-8.4.

(b)

The facility shall be located on a lot in conformance with the dimensional regulations in § 250-5.1 for the district in which it is located or as approved on a special permit granted under § 250-5.5, Planned residential area.

(c)

No construction shall be undertaken prior to review, approval and granting of a disposal works construction permit by the Board of Health.

(d)

Communal sewage or wastewater disposal or treatment systems.

[1]

In view of the high vulnerability of Lunenburg's wetlands, water absorption areas, water-bearing bedrock fissures, groundwater supply and individual or private wells to pollution and contamination from sewage or wastewater disposal within the Town of Lunenburg, it is important, in order to protect the drinking water, the public health and the environment, that any communal or central sewage or wastewater disposal or treatment plants or systems which may be built in Lunenburg shall be constructed, owned, operated, monitored, maintained, repaired and replaced by the Town rather than by private individuals, associations or other private entities, since such plants or systems typically handle substantial amounts of sewage, require frequent monitoring, have a useful life far shorter than that of the building they serve and pose a substantially greater threat to pollution or contamination of wetlands, water absorption areas, groundwater and wells in the event of malfunction or failure than do the smaller individual systems serving individual homes.

[2]

For these reasons and to carry out the intent and purposes stated elsewhere in this subsection and the "Purpose" section (§ 250-1.1), the use of privately constructed or privately owned, operated and maintained communal sewage or wastewater disposal or treatment systems, facilities or plants with capacity in excess of 14,999 gallons per day, serving two or more main buildings for commercial or residential use (other than institutional use) is prohibited pursuant to Massachusetts General Laws Chapter 40A (the Zoning Act), Article II, Sections I through IX of the Amended Massachusetts Constitution (known as the "Home Rule Amendment"), and other provisions of the law. A building permit shall not be issued for a building to be served by such a privately constructed or privately owned, operated or maintained communal system or plant.

[1]

Editor's Note: See Ch. 325, Subdivision Regulations, § 325-4.11.

(5)

Child-care facilities, as defined by MGL c. 15D, § 1A, as a "child-care center" or "school-aged child care program" but not "family child-care home," provided that:

(a)

If the proposed day-care facility requires four or more parking spaces, the site to be used shall be shown on a development plan prepared by the applicant and approved by the Planning Board in accordance with those parts of § 250-8.4 deemed applicable by the Planning Board based on the scale of the application.

(b)

The lot area shall conform to the area requirements contained in § 250-5.1 or, if none is prescribed for the district in which it is located, or if it is a legal nonconforming lot, the area shall be a minimum of 20,000 square feet.

(c)

The building used for the purpose conforms to all dimensional regulations contained in Article V which are applicable in the district in which it is located and to all requirements of Article VI pertaining to off-street parking and loading areas, lot monuments, land, driveways and entrances, signs and performance standards, and further provided that buildings, structures, driveways, walkways, parking areas and other impervious surfaces shall not cover more than 20% of the total lot area on which the facility is located.

(d)

No building or structure shall exceed 35 feet in height in Residence A, Residence B, Outlying, Recreation or Limited Business Districts and shall not exceed 35 feet in height elsewhere unless shown on the development plan and approved by the Planning Board.

(e)

With the exception of a driveway and walkway, no required front yard shall be paved or used for the purposes of the child-care facility.

(f)

Parking areas and play areas shall be located behind the setback line in the side or rear of the building used for a child-care facility and shall be screened from abutting residences in the same manner as is required in the second sentence of § 250-6.6Q(1).

(g)

Any new or remodeled structure shall be designed to be compatible with the character of the neighborhood in which it is located.

(h)

In addition all requirements of § 250-8.4:

[1]

A traffic impact statement form designated by the Planning Board will be completed and submitted to the Planning Board, which will determine whether a traffic study prepared by a registered engineer will be required.

[2]

The Planning Board shall be satisfied that there is safe access and ingress and egress to and from the site, as provided in Article VI and § 250-8.4.

Prohibited uses.

(1)

Uses prohibited in all districts:

(a)

Nonpermanent residential structures, trailers and mobile homes [except in an existing mobile home park or as provided for in § 250-4.2A(14)], but not including recreational vehicles which are parked for a limited time as approved by the Building Commissioner.

(b)

Nonpermanent business structures, such as trailers, trucks, storage boxes, open-air stands and carts used for office space, retail space, wholesale storage, except for an accessory use as permitted in §§ 250-4.6C(1)(l) and 250-4.7B(2)(d).

(c)

Storage of explosive materials, except in accordance with the provisions of § 250-6.6A(1).

Small wind energy systems (SWES) and commercial wind energy systems (CWES); uses permissible by development plan review granted by the Planning Board.

(1)

Small wind energy system (SWES) in any district on a lot of one acre or more, subject to the provisions of § 250-6.6F(2).

(2)

Commercial wind energy system (CWES) on Town-owned property or on 10 acres.

Use Table.¹

RA = Residence A District	R = Recreation District
RB = Residence B District	VCD = Village Center District
O = Outlying District	SS = Summer Street Revitalization Overlay District
LB/R = Limited Business/Residential District	TT = Tri Town Smart Growth District
C = Commercial District	W = Whalom Overlay
OP/I = Office Park and Industrial District

Y = Yes

— = No

SP-PB = Special Permit

SP-Z = Special Permit ZBA

		Planning Board
4.1D	USES PERMITTED IN ALL DISTRICTS	RA	RB	O	LB/R	C	OP/I	R	VCD	SS²	TT²	W²
4.1.D.(1)	Cemeteries	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y
4.1.D.(2)	Municipal Uses	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y
4.1.D.(3)	Conservation Areas	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y
4.1.D.(4)	Small Wastewater Treatment Facilities	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y
4.1.D.(5)	Child Care Facilities	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y
4.1.H	RESIDENT- IAL USES	RA	RB	O	LB/R	C	OP/I	R	VCD	SS	TT	W
4.1H.(1)	Accessory Dwelling Unit	Y	Y	Y	Y	—	—	—	Y	—	—	RA-Y
4.1.H.(2)	Boarding House	SP-Z	SP-Z	SP-Z	—	—	—	—	—	—	—	RA-SP-PB
4.1H(3)	Multi-Family Dwelling	SP-Z	SP-Z	SP-Z	SP-Z	—	—	—	SP-Z	—	Y	RA-SP-PB
4.1H(4)	Single Family Dwelling	Y	Y	Y	Y	—	—	—	SP-Z	—	—	RA-Y
4.1H(5)	Two Family Dwelling	Y	Y	Y	Y	—	—	Y	SP-Z	—	—	RA-Y
4.1H(6)	Townhouse	SP-Z	SP-Z	SP-Z	SP-Z	—	—	—	—	—	—	SP-PB
4.1I	INSTITUT- IONAL USES	RA	RB	O	LB/R	C	OP/I	R	VCD	SS	TT	W
4.1I(1)	Assisted Living	—	—	—	SP-Z	SP-Z	—	—	—	SP-Z	—	C-SP-PB
4.1I(2)	Charitable Institution	SP-Z	SP-Z	SP-Z	SP-Z	Y	—	Y	SP-Z	Y	—	RA-SP-PB
4.1I(3)	Church	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y
4.1I(4)	Educational Use	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y
4.1I(5)	Hospital	SP-Z	SP-Z	SP-Z	—	SP-Z	—	—	—	—	—	RA-SP-PB
4.1I(6)	Government Building	Y	Y	Y	Y	Y	Y	Y	Y	Y	—	Y
4.1I(7)	Public Utility	SP-Z	SP-Z	SP-Z	SP-Z	Y	Y	SP-Z	Y	Y	—	RA-SP-Z/C-Y
4.1I(8)	Water Supply	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	RA-Y
4.1J	RECREAT- IONAL USES	RA	RB	O	LB/R	C	OP/I	R	VCD	SS	TT	W
4.1J(1)	Outdoor Entertainment	—	—	—	—	Y	Y	Y	—	Y	Y	RA-Y
4.1J(2)	Indoor Entertainment	—	—	—	—	Y	Y	—	SP-Z	Y	—	C-Y
4.1J(3)	Golf Course	—	—	SP-Z	—	—	—	Y	—	—	—	—
4.1J(4)	Private Club	SP-Z	SP-Z	SP-Z	SP-Z	—	—	—	SP-Z	SP-Z	—	C-SP-Z
4.1J(5)	Private Camp	—	—	SP-Z	—	—	—	Y	—	—	—	—
4.1K	COMMERC- IAL USES	RA	RB	O	LB/R	C	OP/I	R	VCD	SS	TT	W
4.1K(1)	Adult Use	—	—	—	—	SP-Z	—	—	—	SP-Z	—	C-SP-Z
4.1K(2)	Auction House	—	—	—	SP-Z	Y	—	—	—	Y	—	C-Y
4.1K(3)	Bed & Breakfast	SP-Z	SP-Z	SP-Z	Y	—	—	—	Y	—	—	C-SP-Z
4.1K(4)	Drive In Theater	—	—	—	—	SP-Z	—	—	—	—	—	C-SP-Z
4.1K(5)	Hotel	—	—	—	—	SP-Z	—	—	—	—	—	C-SP-Z
4.1K(6)	Laundry Service	—	—	—	SP-Z	Y	—	—	—	Y	—	C-Y
4.1K(7)	Liquor Store	—	—	—	SP-Z	Y	—	—	SP-Z	Y	—	C-Y
4.1K(8)	Medical Clinic	—	—	—	SP-Z	Y	—	—	Y	Y	—	C-Y

4.1K(9)	Mixed Use	—	—	—	Y	Y	—	—	Y	Y	—	—
4.1K(10)	Motel	—	—	—	—	SP-Z	—	—	—	—	—	C-Y
4.1K(11)	Office Park	—	—	—	—	—	Y	—	—	—	—	—
4.1K(12)	Pawn Shop	—	—	—	SP-Z	Y	—	—	—	SP-Z	—	C-Y
4.1K(13)	Personal Improvement Service	—	—	—	SP-Z	Y	—	—	Y	Y	C-Y	—
4.1K(14)	Professional Office	—	—	—	SP-Z	Y	—	—	Y	Y	—	C-Y
4.1K(15)	Retail Establishment	—	—	—	Y	Y	—	—	Y	Y	—	C-Y
4.1K(16)	Restaurant	—	—	—	Y	Y	—	—	Y	Y	—	C-Y
4.1K(17)	Restaurant, Carry-Out	—	—	—	Y	Y	—	—	SP-Z	Y	—	C-Y
4.1K(18)	Service Establishment	—	—	—	Y	Y	—	—	—	Y	—	C-Y
4.1K(19)	Shopping Center	—	—	—	—	SP-Z	—	—	—	SP-Z	—	C-SP-Z
4.1K(20)	Self-Storage	—	—	—	—	SP-Z	SP-Z	—	—	—	—	—
4.1L	HEAVY COMMERC- IAL USE	RA	RB	O	LB/R	C	OP/I	R	VCD	SS	TT	W
4.1L(1)	Auto Sales	—	—	—	—	SP-Z	—	—	—	SP-Z	—	—
4.1L(2)	Auto Repair Facility	—	—	—	—	SP-Z	—	—	—	SP-Z	—	C-SP-Z
4.1L(3)	Boat Service Yard	—	—	—	—	SP-Z	—	—	—	SP-Z	—	C-SP-Z
4.1L(4)	Car Wash	—	—	—	—	SP-Z	—	—	—	Y	—	C-SP-Z
4.1L(5)	Construction Sales & Service	—	—	—	—	Y	Y	—	—	SP-Z	—	—
4.1L(6)	Contractor Yard	—	—	—	—	SP-Z	Y	—	—	—	—	—
4.1L(7)	Equipment Sales	—	—	—	—	SP-Z	Y	—	—	SP-Z	—	C-SP-Z
4.1L(8)	Equipment Repair Service	—	—	—	—	SP-Z	Y	—	—	SP-Z	—	C-SP-Z
4.1L(9)	Fuel Service Station	—	—	—	—	SP-Z	—	—	—	SP-Z	—	C-SP-Z
4.1L(10)	Repair Shop	—	—	—	Y	Y	—	—	—	Y	—	C-Y
4.1L(11)	Trade Shop	—	—	—	—	Y	Y	—	—	Y	—	C-Y
4.1M	INDUSTR- IAL USES	RA	RB	O	LB/R	C	OP/I	R	VCD	SS	TT	W
4.1M(1)	Distribution	—	—	—	—	—	Y	—	—	—	—	—
4.1M(2)	Industrial Parks	—	—	—	—	—	Y	—	—	—	—	—
4.1M(3)	Manufacturing	—	—	—	—	—	Y	—	—	—	—	—
4.1M(4)	Research Establishment	—	—	—	—	—	SP-Z
4.1N	OTHER USES	RA	RB	O	LB/R	C	OP/I	R	VCD	SS	TT	W
4.1N(1)	Agriculture	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y
4.1N(2)	Agricultural Sales & Service	SP-Z	SP-Z	SP-Z	SP-Z	Y	—	—	—	SP-Z	—	C-Y
4.1N(3)	Earth Removal	SP	SP	SP	SP	SP	SP	SP	SP	SP	SP	SP
4.1N(4)	Kennel	SP-Z	SP-Z	SP-Z	—	SP-Z	—	—	—	—	—	C-SP-Z
4.1N(5)	Veterinary Hospital	SP-Z	SP-Z	SP-Z	—	SP-Z	—	—	—	—	SP-Z	—
250-4.13	Large Solar Energy Systems	SP-PB	SP-PB	SP-PB	SP-PB	SP-PB	SP-PB	SP-PB	SP-PB	SP-PB	SP-PB	SP-PB
250-4.13	Small Standalone Battery Energy Storage Systems³	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y
250-4.13	Accessory Battery Energy Storage Systems³	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y
250-4.13	Medium-Scale Standalone Battery Energy Storage Systems³	SP-PB	SP-PB	SP-PB	SP-PB	Y	Y	SP-PB	SP-PB	SP-PB	—	SP-PB
250-4.13	Large-Scale Standalone Battery Energy Storage Systems³	SP-PB	SP-PB	SP-PB	SP-PB	Y	Y	SP-PB	SP-PB	SP-PB	—	SP-PB
250-4.14	Registered Marijuana Dispensaries	SP-PB	SP-PB	SP-PB	SP-PB	SP-PB	SP-PB	SP-PB	SP-PB	SP-PB	SP-PB	SP-PB
4.1O	Non-Medical Marijuana Uses	RA	RB	O	LB/R	C	OP/I	R	VCD	SS	TT	W
4.1O(1)	Marijuana cultivator	—	—	—	—	—	SP-PB	—	—	—	—	—
4.1O(2)	Marijuana Product Manufacturer	—	—	—	—	—	SP-PB	—	—	—	—	—
4.1O(3)	Marijuana Testing Facility	—	—	—	—	—	SP-PB	—	—	—	—	—
4.1O(4)	Marijuana Retailer	—	—	—	—	SP-PB	SP-PB	—	—	SP-PB	—	—
4.1O(5)	Marijuana Transporter	—	—	—	—	—	SP-PB	—	—	—	—	—
4.1O(6)	Marijuana Researcher	—	—	—	—	—	SP-PB	—	—	—	—	—

1.	Any use not defined or included in the Use Table shall be considered prohibited in all Districts.
2.	In the Use Table those uses listed under the Overlay Districts are applicable only when using the provisions of the subject Overlay District. Otherwise, the existing underlying Zoning District and its allowed uses will apply.
3.	Uses are permitted as provided in § 250-4.13F.

Residential uses.

(1)

ACCESSORY DWELLING UNIT (ADU)

A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress; and (ii) is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller; provided, however, that an ADU shall further satisfy the following criteria:

(a)

An ADU that conforms to the requirements contained herein shall be permitted by-right as an accessory use in accordance with the Use Table.

(b)

The ADU may be a detached dwelling on the same lot or part of the same structure as the principal dwelling unit.

(c)

An ADU shall conform to the dimensional requirements of Section 250-5.2; provided, however, that no minimum lot size is required for an ADU per 760 CMR 71.03(3)(b)(2).

(d)

An ADU may not be used for short-term rental as defined in Section 1 of MGL Chapter 64G.

(e)

Not more than 50% of the lot area may be occupied by the principal and accessory dwelling(s);

(2)

Boarding House: A single-family dwelling where more than two, but fewer than six rooms are provided for lodging for definite periods of times. Meals may or may not be provided, but there is one common kitchen facility. No meals are provided to outside guests.

(3)

Multi-Family Dwelling: A building consisting of not more than four dwelling units which are attached by common vertical walls and each unit having a separate or combined entrance or entrances.

(4)

Single Family Dwelling: A detached building on a single lot containing one dwelling unit, or a factory-assembled structure constructed to state building code standards.

(5)

Two-Family Dwelling: A residential structure designed to house a single-family unit from lowest level to roof, with a private outside entrance, but not necessarily occupying a private lot, and sharing a common wall adjoining dwelling units.

(6)

Town House: Single-family attached unit in structures housing three or more dwelling units, contiguous to each other only by the sharing of one common bearing or party wall; such structures are to be of the townhouse or rowhouse type as contrasted to multiple-dwelling apartment structures. No single structure shall contain in excess of five dwelling units and each dwelling unit shall have separate and individual front and rear entrances.

Institutional uses.

(1)

Assisted Living: A special combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living. A facility with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms or living quarters, where the emphasis of the facility remains residential.

(2)

Charitable Institution: Any entity which: (1) has been certified as a not-for-profit organizations under Section 501(c)(3) of the Internal Revenue code, and (2) has religious, charitable, or eleemosynary functions or is a religious or charitable organization. As used in this definition, a charitable organization is an organization which exclusively, and in a manner consistent with existing laws and for the benefit of an indefinite number of persons, freely and voluntarily ministers to the physical, mental, or spiritual needs of persons, and which thereby lessens the burdens of government.

(3)

Church: A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes synagogue, temple, mosque, or other such place for worship and religious activities.

(4)

Educational Use: Use of land or a building or buildings as or for an institution not for profit but for the establishment and maintenance of a public or private college, secondary, elementary, trade or vocational school or other educational institution for the academic instruction and cultivation of the mind and/or the inculcation of a clearer sense of moral and spiritual values.

(5)

Hospital: An institution, licensed by the state department of health, providing primary health services and medical and/or surgical and/or mental health care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.

(6)

Government Building: Any building held, used, or controlled exclusively for public purposes by any department or branch of government, state, county, or municipal, without reference to the ownership of the building or of the realty upon which it is situated. A building belonging to or used by the public for the transaction of public or quasi-public business.

(7)

Public Utility: All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and includes facilities for the generation of electricity. Facilities shall be licensed by the Department of Public Utilities (DPU).

(8)

Water Supply: A system for the provision to the public of piped water for human consumption if the system serves 15 or more service connections or which regularly serves 25 or more individuals. The term includes: (a) any collection, treatment, storage, or distribution facility under control of the operator of the system and used primarily in connection with the system; and (b) any collection or pretreatment storage facility not under the control of the operator of the system which is used primarily in connection with the system.

Recreation uses.

(1)

Outdoor Entertainment: Any establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Includes, but not limited to, skating rinks, water slides, miniature golf courses, arcades, bowling alleys, and billiard halls, but not movie theaters.

(2)

Indoor Entertainment: An establishment providing completely enclosed recreation activities. Accessory uses may include the preparation and serving of food or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, rollerskating or ice-skating, billiards, pool, motion picture theaters, and related amusements.

(3)

Golf ourse: A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restaurant, golf-related retail, restrooms, driving range, and shelters as accessory uses.

(4)

Private Club: A facility open only to bona fide members and guests of the private organization operating the facility. This includes recreational centers for the exclusive use of members and their guests with facilities that may include swimming pools and/or tennis courts, but specifically excluding golf courses.

(5)

Private Camp: Land under single ownership and management having tents, buildings, or other shelters (not including recreational vehicles or mobile homes) for recreational or educational purposes and accommodating four or more people for two or more days, or portions thereof.

(6)

Recreation: The refreshment of body and mind through forms of play, amusement, or relaxation. The recreational experience may be active, such as boating, fishing, and swimming, or may be passive, such as enjoying the natural beauty of the shoreline or its wildlife.

Commercial uses.

(1)

Adult Use: Adult uses, as defined by Section 9A of Chapter 40A, provided that:

(a)

All buildings containing adult uses are at least two hundred fifty (250) feet from an existing residence, school or place of worship and are at least five hundred (500) feet from an existing Residential or Outlying District boundary.

(b)

All parking is in the rear of the setback line and is screened from view of abutting properties.

(c)

All signs shall be approved by Development Plan Review and the Planning Board shall review the size, location, number, design, color and content to determine a public nuisance or be incompatible with the character of the community and, as to content, to determine only that the sign or signs are not obscene.

(d)

All requirements of Section 9A of Chapter 40A are met including that no Special Permit is granted to a person(s) who have been convicted of violating the provisions of Section 63 of Chapter 119 or Section 28 of Chapter 272 of MGL.

(e)

The Board of Selectmen may require that a security guard be on the premises during all or some hours of operation.

(2)

Auction House: A building, area, or areas within a building used for the public sale of goods, wares, merchandise, or equipment to the highest bidder. This definition excludes therefrom an auction, the principal purpose of which is the sale of livestock or motor vehicles.

(3)

Bed & Breakfast: Bed and Breakfast, or Bed and Breakfast Establishment provided that:

(a)

The use complies with the Commonwealth's [MGL 64b Section I (a) and/or (b)] definition of Bed and Breakfast, or Bed and Breakfast Establishment provided the dwelling is owner occupied.

(b)

The lot conforms to all dimensional requirements of the Zoning Bylaw.

(c)

Parking for each room available for rent is provided in the side yard behind the setback line or in the rear yard, but not nearer than ten (10) feet to any property line. One (1) parking place shall be provided for each bedroom.

(d)

The outside appearance of the building is not altered except to comply with the Building Code.

(4)

Drive-in Theater: An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures on a paid admission basis to patrons seated in automobiles, this does not include Adult Theaters.

(5)

Hotel: An establishment providing, for a fee, sleeping accommodations, which are generally accessed through a lobby, corridor or internal hallway and customary lodging services, including maid service, the furnishing and upkeep of furniture and bed linens, and telephone and desk service. Related ancillary uses may include but shall not be limited to conference and meeting rooms, restaurants, bars, and recreational facilities.

(6)

Laundry Service: A business that provides washing, drying, and/or ironing services for a fee or machines for hire to be used by customers on the premises.

(7)

Liquor Store: Any business selling general alcoholic beverages, including distilled spirits or hard liquor, beer, wine and malt beverages for off-premises consumption.

(8)

Medical Clinic: A facility operated by a collected group of physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. This is contrasted with an unrelated group of such offices.

(9)

Mixed Use: A combination of commercial and residential uses within a single building or lot. In the case of uses that require a Special Permit, a Zoning Board of Appeals decision must be rendered on the use prior to filing for Planning Board Site Plan Approval.

(10)

Motel: A building or series of buildings in which lodging is offered for compensation, and which is distinguished from a hotel primarily by reason of providing direct independent access to, and adjoining parking for, each rental unit.

(11)

Office Park: A development on a tract of land that contains a number of separate businesses, offices, light manufacturing facilities, accessory and supporting uses, and common open space designed, planned, and constructed on an integrated and coordinated basis.

(12)

Pawn Shop: An establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property.

(13)

Personal Improvement Service: A business primarily providing instruction and/or facilities for dancing, martial arts, music instruction, physical exercise, fitness training, or other voluntary physical or mental health services not related to a medical diagnosis.

(14)

Professional Office: Offices or studios of professional or service occupations or agencies which are characterized by low traffic and pedestrian volumes, lack of distracting, irritating, or sustained noise, and low density of building developments. This includes but is not limited to accountant, appraiser, architect, engineer, insurance adjuster, landscape architect, lawyer, consultant, secretarial agency, bonding agency, real estate, mortgage or title agency, and investment agency.

(15)

Retail Establishment: Sale or rental with incidental service of commonly used goods and merchandise for personal or household use but excludes those classified more specifically by definition.

(16)

Restaurant: An establishment where food and/or beverages are prepared, served, and consumed, and whose principal method of operation includes one or both of the following characteristics: (1) customers are normally provided with an individual menu and served their food and beverages by a restaurant employee al the same table or counter where the items are consumed; or (2) a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.

(17)

Restaurant, Carry-Out: A restaurant where food, frozen dessert, or beverages are primarily sold in disposable packaging, ready-to-consume, and is intended for ready consumption by the customer on or off the premises.

(18)

Service Establishment: Any establishment whose primary activity is the provision of assistance, as opposed to products, to individuals, business, industry, government, and other enterprises.

(19)

Shopping Center: A single piece of real estate containing more than three commercial establishments and a total business space of more than 5,000 square feet planned, constructed, and managed as a total entity with customer and employee parking provided on site.

(20)

Self-Storage: A building or group of buildings of a controlled-access and/or fenced compound that contains compartmentalized and controlled-access stalls or lockers, for the storage of customers' goods or wares.

Heavy commercial uses.

(1)

Auto Sales: Any business establishment that sells or leases new or used automobiles, trucks, vans, trailers, off highway use recreational vehicles, or motorcycles or other similar motorized transportation vehicles. Dealerships may maintain an inventory of the vehicles for sale or lease either on-site or at a nearby location and may provide on-site facilities for the repair and service of vehicles as an accessory use.

(2)

Auto Repair Facility: Any building, structure, improvements, or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but not limited to body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of remote start, car alarms, and/or stereo equipment.

(3)

Boat Service Yard: Facility (which could include a boat repair garage, boat storage yard) where boats are repaired and stored until repairs are completed.

(4)

Car Wash: Mechanical facilities for the washing and/or waxing and/or detailing of private automobiles, light trucks and vans. The use of personnel for one or more phases of this operation in conjunction with or without complete automatic or mechanical devices does not alter its classification and coin-operated devices operated on a self-service basis shall be construed to be the same. This definition is not applicable to fleet vehicle and truck wash facilities not open to the public.

(5)

Construction Sales and Service: Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials and light equipment used in the construction of buildings, landscape features or other structures, but specifically excluding automobile or heavy equipment supplies, sales and rentals.

(6)

Contractor Yard: Any land or buildings housing the offices of and used for the storage of equipment, vehicles, machinery (new or used), building materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of any building trades or building craft.

(7)

Equipment Repair Service: Establishments primarily engaged in the repair of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment. Included in this use type is the incidental storage and/or sale of such pre-owned equipment.

(8)

Equipment Sales: Establishments primarily engaged in the sale or rental of tools, trucks, construction equipment, and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

(9)

Fuel Service Station: That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Such an establishment may offer for sale at retail other convenience items as a clearly secondary activity, repair service, and may also include a freestanding automatic car wash.

(10)

Outdoor Storage/Display: An outdoor arrangement of objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product, or service.

(11)

Repair Shop: Establishments primarily engaged in the provision of repair services to individuals but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.

(12)

Trade Shop: Building or portion of a building used to conduct the business of a carpenter, cabinetmaker, electrician, painter, paperhanger, plumber, printer, sign painter, upholsterer or similar tradesman or artisan.

Industrial uses.

(1)

Distribution: Storage, wholesale, and shipment or movement of manufactured products, supplies, and equipment, excluding bulk storage of materials that are inflammable or explosive or that present hazards or conditions commonly recognized as offensive.

(2)

Industrial Parks: A planned, coordinated development of a tract of land with two or more separate lots or industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design, orientation, and open space.

(3)

Manufacturing: The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials including but not limited to oils, plastics, resins, etc., which by the nature of the materials, equipment, and process utilized are not objectionable by reason of odor, radiation, noise, vibration, gas fumes, dust, smoke, refuse matter or water-carried waste.

(4)

Research Establishment: Laboratories or other facilities that perform research, development, and testing but whose activities do not involve the mass manufacture, fabrication, processing, or sale of products. Such uses shall not violate any odor, dust, smoke, gas, noise, radiation, vibration, or similar pollution standard.

Other uses.

(1)

Agriculture: Activities including but not limited to.

(a)

Farming in all its branches and the cultivation and tillage of the soil.

(b)

Dairying.

(c)

Production, cultivation, growing and harvesting of any agricultural, floricultural, viticulture or horticultural commodities.

(d)

Growing and harvesting of forest products upon forest land and any other forestry or lumbering operations.

(e)

Keeping and raising of livestock, horses, poultry, swine, cattle sheep, ratites (such as emus, ostriches, rheas) and camelids (such as llamas and alpacas) and other domesticated animals for food or other agricultural purpose, including bees and fur bearing animals.

(2)

Agriculture Sales and Service: A use primarily engaged in the sale or rental of farm tools and implements, feed, grain, tack, animal care products, farm supplies, agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching. This includes food sales and farm machinery repair services that are accessory to the principal use.

(3)

Earth Removal: The removal, extraction, excavation, fill, or grading for any purpose of soil, sand, shell, limestone, dolomite, gravel, ore, rock, clay, peat, or any material by whatever process.

(4)

Kennel: The boarding, breeding, raising, grooming, or training of two or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain.

(5)

Veterinary Hospital:. Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal health conditions wherein the animals are limited to dogs, cats, or other comparable household pets and wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of the animal.

Non-Medical Marijuana Uses.

(1)

"Marijuana cultivator," an entity licensed to cultivate, process and package marijuana, to deliver marijuana to Marijuana Establishments and to transfer marijuana to other Marijuana Establishments, but not to consumers.

(2)

"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.

(3)

"Marijuana testing facility," an entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants.

(4)

"Marijuana retailer," an entity licensed to purchase and deliver marijuana and marijuana products from Marijuana Establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to Marijuana Establishments and to consumers.

(5)

"Marijuana Transporter" an entity with a fixed location not otherwise licensed by the Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to Marijuana Establishments, but not to consumers. Marijuana Transporters may be an Existing Licensee Transporter or Third Party Transporter.

(6)

"Marijuana Researcher Facility" an entity licensed to cultivate, purchase, or otherwise aquire marijuana for the purpose of conducting research regarding marijuana products.

§ 250-4.2 Residential and Outlying Districts.

[Amended 5-5-2018 ATM by Art. 31]

Accessory uses:

(1)

Temporary placement of a mobile home or trailer for temporary use as a dwelling notwithstanding provisions herein contained to the contrary, provided, however:

(a)

Such use is necessary to provide housing for occupants of a dwelling house (exclusive of a summer camp) which has recently been rendered uninhabitable by fire or other disaster.

(b)

The dwelling was being continuously used as a dwelling at the time of disaster and the Building Commissioner has determined after examination that the dwelling house is uninhabitable without immediate and substantial repairs.

(c)

Such temporary use of the premises shall not exceed one (1) year from the date of the granting of the permit, but application for an extension of the time may be made to the Building Official who shall be governed by the same provisions as in the granting of the original permit, so far as applicable, provided no extension shall extend such use beyond two (2) years from the original granting of such permit.

(d)

Mobile homes and trailers used as temporary owner living quarters during construction of a permanent home shall be permitted only after the building permit and other required permits for the permanent structure have been issued, and a temporary permit has been granted by the Building Official, which temporary permit shall be granted only for a determined length of time up to, but not more than one (1) year.

(2)

The raising or keeping of poultry, saddle horse(s), livestock or other farm animals for non-commercial use on properties that are not exempt under the General Laws Chapter 40A Section 3.

(3)

Tool shed, playhouse, tennis/basketball court, boat house or other structure for domestic use; private garage for motor vehicles, but not including more than one (a) commercial vehicle used for a commercial enterprise or more than one (1) school bus or farm vehicles.

(4)

The use of a room or rooms, in a dwelling or building accessory thereto by a resident of the premises as an office, studio or workroom for a home occupation, provided that:

(a)

Such use is clearly incidental and secondary to the use of the premises for dwelling purposes,

(b)

Not more than (2) two persons other than residents of the premises are regularly employed thereon in connection with such use,

(c)

No stock in trade is regularly maintained, except for products of the occupation itself or for goods or materials which are customarily stored, used or sold incidental to its performance,

(d)

From the exterior of the building so used, there is not visible any display of goods or products, storage of materials or equipment, regular parking of commercial vehicles or any other exterior indication that the premises are being utilized for any purpose other than residential (except for an accessory sign).

§ 250-4.3 Recreation District.

[Amended 5-5-2018 ATM by Art. 31]

Special conditions and design standards:

(1)

Night lighting of parking areas shall be directed downward, not affect abutting properties and be Dark Sky Compliant.

(2)

Landscaped or naturally vegetated buffers shall be provided along the periphery of the property.

(3)

Outdoor facilities which generate noise, such as swimming pool or a shooting range, shall be located and buffered so as not to be a nuisance and an unenclosed pool, if any, shall be set back from any public street at least two (200) feet.

(4)

Natural features shall be preserved to the maximum extent practicable.

(5)

Stone walls and man-made features which improve or contribute to the character of the area shall be maintained where possible.

(6)

Service areas shall be screened from active recreation areas.

(7)

Reasonable mitigation measures shall be taken to address traffic, parking and safety (including road safety) concerns posed by the proposed development. The Planning Board will review measures during Site Plan Approval as deemed necessary.

(8)

There shall be more than one (1) means of access.

(9)

All residents of the Town shall be eligible for membership.

(10)

In the case proposed proposal is adjacent to a Planned Residential Area, special care will be taken to coordinate the development with the Planned Residential Area.

(11)

Maximum capacity limitations shall be established by the Licensing Authority for accessory facilities, including restaurants and function rooms, after recommendations from appropriate Town Boards, including (but not necessarily limited to) the Planning Board, Board of Health, Fire Chief, Building Official and Police Chief. Maximum capacity limitations shall be based on, but not limited to, the following criteria, but in no case shall exceed two hundred (200) persons; provision for adequate off-street parking in accordance with Section 250-6.1 of this Code of Lunenburg; provision for adequate wastewater disposal; provision for adequate refuse disposal provision for crowd control and security; and no adverse impact on adjacent uses.

(12)

No more than ten (10) percent of the total lot area shall be covered by an impervious surface.

§ 250-4.4 Limited Business/Residential District.

[Amended 5-5-2018 ATM by Art. 31]

Accessory uses:

(1)

Function Facility, allowed only as an accessory to Bed & Breakfast, Hotel, Farm, and Restaurant uses, to serve as a facility for meetings and other functions to include reception, dinners, weddings and business and civic meetings and similar social affairs and further provided that:

(a)

The building is located on a lot of at least two (2) acres.

(b)

The primary structure plus accessory buildings devoted to the use shall contain at least three thousand (3,000) square feet of floor area.

(c)

Additions to the floor areas, if any, shall not exceed fifty (50%) percent of the existing floor area and shall conform to the architectural style of the existing building.

(d)

The number of persons attending events shall be determined by the maximum number allowed by Building Code, the Board of Health Regulations and/or the Sewer Commission Permit.

(e)

The number of events in any calendar year shall be determined during the Site Plan Approval process.

(f)

Anticipated parking shall be provided and parking of over fifty (50) vehicles may require a traffic policeman at the discretion of the Police Department.

(g)

Outside lighting or music, if any, shall not extend beyond ten (10) PM and shall be limited in so far as possible to the property on which the use is located. No lighting shall be reflected into adjacent abutters' properties. The level of sound shall be no higher than 70 decibels at the property line or beyond.

(h)

Tents or suitable enclosures to be used in connection with an event shall be located within the setback and shall be erected and removed within twenty-four (24) hours of the beginning and end of the event.

(2)

Catering Service.

(a)

Kitchen and cooking facilities, allowed only as an accessory to Bed & Breakfast Hotel and Restaurant uses. On the premise and off site catering must meet Board of Health Regulations and/or any other pertinent permitting requirement.

(b)

Any vehicle identified for business used in connection with making catering deliveries must be garaged or parked in an in conspicuous location on the property, preferably the rear of the structure, if practicable.

(3)

Any use allowed by right or special permit within the zoning district provided that:

(a)

They are associated with the primary use of the property.

(b)

They comprise no more than thirty five percent (35%) of the gross floor area of the building.

(c)

Any permissible Accessory Use that comprises greater than thirty five percent (35%) of the gross floor area may be allowed by Special Permit from the Zoning Board of Appeals.

(4)

Drive Through Service may be allowed by Special Permit from the Planning Board in the Commercial and Office/Industrial Park Districts. In the approval of the Special Permit the Planning Board shall take the following items into consideration:

(a)

The minimum space available for vehicles to queue on-site shall not be less than ten (10) cars.

(b)

That the drive through service window be located on the side or rear of the building.

(c)

The lane accessing the drive through service window shall not restrict other vehicular access around the building.

(5)

Outdoor Storage/Display may be allowed by Special Permit from the Zoning Board of Appeals with the following conditions.

(a)

All outdoor storage, excluding that specifically designated for display, shall be screened as to not be visible from abutting properties and/or the public right of way.

(b)

Display may be permitted in areas visible from the public Right-of-Way and neighboring properties, provided it does not create a nuisance by the introduction of noise, vibration, dust or other physical or sensory impact on abutting properties.

(c)

No storage or display shall be permitted within the required building setbacks.

(d)

No storage or display shall be allowed in any area that would interfere with parking, loading, travel or pedestrian facilities that are required by law.

Special conditions & design standards:

(1)

The architectural style of the original structure shall not be altered and new construction shall be of a residential style consistent with the present residences.

(2)

There shall be no drive-through window service.

(3)

All parking shall be off-street, shall not be located within the required setback of the principal building or in an area approved in the Site Plan Review.

(4)

There shall be no exterior storage, display or sales, without obtaining a Special Permit.

(5)

There shall be no exterior structural evidence of the non-residential use of the structure, with the exception of signs conforming with the provisions of Section 250-6.5 of the Code of Lunenburg.

§ 250-4.5 Commercial District.

[Amended 5-5-2018 ATM by Art. 31]

Accessory uses:

(1)

(a)

The building is located on a lot of at least two (2) acres.

(b)

The primary structure plus accessory buildings devoted to the use shall contain at least three thousand (3000) square feet of floor area.

(c)

Additions to the floor areas, if any, shall not exceed fifty (50) per cent of the existing floor area and shall conform to the architectural style of the existing building.

(d)

The number of persons attending events shall be determined by the maximum number allowed by Building Code, the Board of Health Regulations and/or the Sewer Commission Permit.

(e)

The number of events in any calendar year shall be determined during the Site Plan Approval process.

(f)

Anticipated parking shall be provided and parking of over fifty (50) vehicles may require a traffic policeman at the discretion of the Police Department.

Catering service.

Any use allowed by right or special permit within the zoning district provided that:

(a)

They are associated with the primary use of the property.

(b)

They comprise no more than thirty five percent (35%) of the gross floor area of the building.

(c)

Any permissible Accessory Use that comprises greater than 35% of the gross floor area may be allowed by Special Permit from the Zoning Board of Appeals.

(4)

(a)

The minimum space available for vehicles to queue on-site shall not be less than (ten) 10 cars.

(b)

That the drive through service window be located on the side or rear of the building.

(c)

The lane accessing the drive through service window shall not restrict other vehicular access around the building.

(5)

Outdoor Storage/Display may be allowed by Special Permit from the Zoning Board of Appeals with the following conditions.

(a)

All outdoor storage shall be screened as to not be visible from abutting properties and/or the public right of way.

(b)

(6)

Solar Parking Canopy: a special application of a ground-mounted solar energy system that is installed on top of a functional parking surface that maintains the function of the area beneath the canopy.

A Solar Parking Canopy may be allowed by Special Permit from the Planning Board in the Commercial and Office/Industrial Park Districts. In approving a Special Permit the Planning Board must find the following:

[Added 11-14-2023 STM by Art. 15]

(a)

Equipment associated with the solar canopy system is adequately screened from the parking area and neighboring properties. Required screening must be met using natural planted materials in conjunction with a secure fence.

(b)

Security lighting for parking areas is in place and adequate.

(c)

The installation of the solar canopy system does not reduce the number of parking spaces below the minimum required for the uses present or intended.

(d)

A minimum of five percent (5%) of parking spaces in the parking lot will have universal charging facilities for EVs. Brand specific charging facilities are allowed only when they are in addition to the minimum number of universal chargers. A minimum of ten percent (10%) of each type of EV charging spaces must be accessible and comply with the Massachusetts Architectural Access Board Regulations (521 CMR).

(e)

The maximum height for solar canopies is twenty feet (20'). In granting the special permit, the Planning Board may approve a higher height where the Board determines such height is needed for emergency vehicle or snow removal services for the subject site.

(f)

Solar canopies and all appurtenant structures to a solar canopy system shall meet the requirements of the Zoning Bylaw concerning setbacks and other dimensional requirements.

(g)

All appurtenant structures, including but not limited to equipment shelters, storage facilities, transformers, and substations, must be architecturally compatible with each other and the existing building(s) on-site.

(h)

The installation of the racking system for the solar canopy system considers and provides provisions for changes in grade and how drainage is addressed to prevent flooding and icing below the canopy system.

(i)

The applicant will provide a form of surety, either through an escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the development plan review authority, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for municipally or state-owned facilities. The project owner/operator shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal cost due to inflation.

Special conditions & design standards:

(1)

Occupied Lot Area.

(a)

The total area on any lot devoted to building, parking, outdoor storage and display and other paved hard surface areas may occupy up to eighty-five (85%) percent of the total lot area.

(2)

Building Location and Utilities.

(a)

The Building front shall face the street on which the lot obtains its frontage, unless the building is more than two hundred fifty feet (250 ft.) from the street and is on a private access road. In such instance the building may face the access road.

(b)

If there is more than one building on the site.

[1]

Parking facilities shall be shared to the extent practicable, as determined by the Planning Board;

[2]

The buildings shall be sited with varied setbacks;

[3]

The site shall have sufficient pedestrian access to all public facilities on the site;

[4]

Buildings shall maintain a minimum twenty foot (20') setback from one another.

These items shall be reviewed through Site Plan Approval pursuant to the procedures outlined in Section 8.4.

(c)

All utilities shall be placed underground.

(d)

Building facades, materials and roof lines shall be reviewed under the Site Plan Approval to ensure consistency and compatibility with other structures.

(e)

Flat roofs that are visible from the street level are prohibited unless an the facade includes design elements and/or material compositions that produce an architectural variation in the horizontal and vertical planes.

(f)

The principal building(s) shall be connected to public water and sewer where available and accessible.

(g)

LEED (Leadership in Energy and Environmental Design).

[1]

LEED Certification should be encouraged to meet the best practicable level.

(3)

Interior Streets, Drives, Walkways and Access.

(a)

Site access shall be a divided way (one way in and one way out) where and when appropriate as determined under Site Plan Approval (SPA).

(b)

Surfaces shall be pervious when possible and practical, excluding the required parking areas.

(4)

Parking and Loading Area.

(a)

Parking shall be in the rear or side of building(s) and shall not be visible from the street line when practicable. Parking will be reviewed under Site Plan Approval.

(b)

All loading docks shall be to the side or rear of the building(s) and shall be visually screened from the street.

(c)

All paved areas shall be separated from the lot line setbacks by a four (4) foot landscaped area of indigenous materials.

(5)

Sidewalks.

(a)

Sidewalks shall be provided from the street line, when applicable, and from the parking areas to building(s).

(6)

Screening.

(a)

Screening of the site shall be by a minimum four (4) foot landscaped strip at the rear and side lot lines.

(b)

Additional landscaping and screening may be required during the Site Plan Approval or by the SPGA.

(7)

Landscaping.

(a)

There shall be a minimum four (4) foot landscaped area along the street frontage and along the front and side of the principal building(s) and plantings of indigenous materials along the facades of the building(s) and between the building(s) if there is more than one principal building on site.

(b)

Such landscape shall be a type and height that does not interfere with sight lines of drivers.

(c)

Natural features shall be retained to the extent practicable in relation to the limitations imposed by the surrounding natural features, as determined by the Planning Board.

(d)

A landscape plan shall be provided and reviewed as part of Site Plan Approval per Section 250-8.4.

(8)

Street Furniture.

(a)

Light fixtures shall be designed to be of number and height that grants plentiful lighting. Such lighting shall shine downwards as to not affect adjacent properties and shall be Dark Sky Compliant.

(b)

Lighting must also be placed on the side and rear of the building. This lighting shall be provided in the form of on building lights to provide minimal adequate lighting for security and safety.

(c)

If provided, outdoor tables, benches, and bicycle racks shall be of a style consistent with the principal use(s) of the site.

(d)

The location, number and style of trash receptacles shall be reviewed under Site Plan Approval.

§ 250-4.6 Office Park/Industrial District.

[Amended 5-5-2018 ATM by Art. 31]

Accessory uses:

(1)

Any use allowed by right or special permit within the zoning district provided that:

(a)

They are associated with the primary use of the property.

(b)

They comprise no more than thirty five percent (35%) of the gross floor area of the building.

(c)

Any permissible Accessory Use that comprises greater than thirty five percent (35%) of the gross floor area may be allowed by Special Permit from the Zoning Board of Appeals.

(2)

(a)

The minimum space available for vehicles to queue on-site shall not be less than ten (10) cars.

(b)

That the drive through service window be located on the side or rear of the building.

(c)

The lane accessing the drive through service window shall not restrict other vehicular access around the building.

(3)

Outdoor Storage/Display may be allowed by Special Permit from the Zoning Board of Appeals with the following conditions.

(a)

All outdoor storage shall be screened as to not be visible from abutting properties and/or the public right of way.

(b)

(4)

[Added 11-14-2023 STM by Art. 15]

(a)

(b)

Security lighting for parking areas is in place and adequate.

(c)

The installation of the solar canopy system does not reduce the number of parking spaces below the minimum required for the uses present or intended.

(d)

(e)

(f)

Solar canopies and all appurtenant structures to a solar canopy system shall meet the requirements of the Zoning Bylaw concerning setbacks and other dimensional requirements.

(g)

(h)

(i)

Special conditions and design standards:

(1)

The plan shall show a buffer strip which shall create a visual screen using landscaping of existing natural growth and/or plant material indigenous to the area;

(a)

The buffer strip shall be at least fifty (50) feet deep where the District abuts a residential use or district.

(b)

The buffer strip shall be at least twenty (20) feet deep at all side and rear property lines, except as provided above.

(2)

Unless otherwise approved with the development plan, accessory uses not contained in the principal building shall be provided with safe access and shall be visually screened from view from a public way or shall be in a structure of an architectural style compatible with the principal structure.

(3)

Limitations upon uses.

(a)

In addition to the limitations set forth in Section 5.0. of the Bylaw, all uses within an Office Park and Industrial District shall be subject to the following limitations:

[1]

The lot coverage of all buildings and structures shall not exceed;

[2]

Fifty (50) percent of the total lot area of a lot used for an office park or office building.

[3]

Seventy (70) percent of the total lot area of a lot used for storage or distribution.

[4]

An amount determined by the Planning Board not to exceed seventy (70) percent of the total lot area for any other use.

(b)

The total impervious area shall not exceed:

[1]

Ninety (90) percent of the total lot area of a lot used for an office park or an office building.

[2]

Seventy (70) percent of the total lot area of a lot used for storage or distribution.

[3]

An amount determined by the Planning Board not to exceed Ninety (90) percent of a lot used for any other purpose.

§ 250-4.7 Village Center District: special conditions and design standards.

[Amended 5-5-2018 ATM by Art. 31]

Special conditions & design standards:

(1)

Purpose.

(a)

In pursuit of this opportunity and to address this challenge, the Town implements this bylaw and designates this zoning district as Village Center District in order to encourage economic and residential growth that fits the character of the Town.

(b)

The purposes of the Village Center District are to:

[1]

Build upon the historic development patterns in the existing village centers to create attractive, walkable neighborhoods;

[2]

Encourage adaptive reuse of abandoned, vacant or underutilized buildings or structures where appropriate;

[3]

Allow for a mix of new land uses that are appropriate to both the needs of the community and the scale of surrounding neighborhoods;

[4]

Provide incentives to develop larger parcels at higher densities and in a coordinated, planned approach;

[5]

Maintain a consistently high level of design quality throughout the district;

[6]

Encourage the development of mixed use buildings and campuses that are designed and constructed in a manner that is contextually sensitive to the existing structures and facilities.

(2)

Authority.

(a)

The Planning Board shall act as the administering authority for any Site Plan Approval procedure associated with this bylaw Section 8.4. The Board of Appeals shall serve as the Special Permit Granting Authority for any use that requires a Special Permit in the district, any use requiring a Special Permit pursuant to Section 4.17.5.

(3)

Special Permit Approval Criteria. The Zoning Board of Appeals shall act upon all applications after notice and public hearing, and after due consideration may grant such a special permit provided that it finds the proposed use:

(a)

Is in harmony with the purpose and intent of the Bylaw and will promote the purposes of the Village Center District.

(b)

The use is in harmony with those of the abutting properties and the Village Center District as a whole.

(c)

All applicable standards for use, parking, and dimensional requirements are met;

(d)

All applicable design standards listed in Section 8 are met.

(e)

Where multiple structures are proposed, the site design reflects a thoughtful arrangement of elements that will facilitate the movement of pedestrians between structures through the use of sidewalks, internal walkways, alleys or open space features.

(4)

The following uses are prohibited in the Village Center District:

(a)

Newly constructed one-story buildings on lots of less than five (5) acres.

(b)

Retail operations with more than five thousand (5,000) square feet of gross floor area on any individual floor, except for reuse of buildings existing prior to 1 May 2015.

(c)

Drive through establishments, excluding those expressly allowed by Special Permit.

(5)

Dimensional requirements.

(a)

Requirements.

Building Type
	Mixed Use with Commercial First Floor	Other Mixed Use or Residential Only
Maximum floor area ratio (FAR) (gross floor area/lot size)	2.0	1.5
Minimum lot frontage	75 feet
Maximum lot coverage	85%
Minimum lot area	N/A
Number of buildings per lot	See Subsection 1
Maximum building frontage	300 feet
Minimum front setback	5 feet
Maximum front setback w/o street furniture	15 feet
Minimum side/rear setback abutting a residential zone	10 feet
Minimum side/rear setback in VCD	5 feet
Interior setback (between buildings on the same lot)	10 feet

(b)

Height limitations for nonresidential and mixed use. Building height for mixed use or nonresidential use shall not exceed 38 feet and no building shall have more than three stories.

(6)

Parking requirements.

Use	Parking Requirement
Retail/personal service/liquor store	1 parking space per 400 square feet of net floor area, plus 1 space per employee on the largest shift
Professional office/civic uses	1 parking space per 300 square feet of net floor area
Artists space	1 parking space per 400 square feet of net retail/gallery floor area, plus 2 parking spaces per dwelling unit
Restaurant/private club	1 parking space per 4 seats, plus 1 space for each employee on the largest shift
Bed-and-breakfast	1 parking space per accommodation room, plus 2 parking spaces for the primary residence, plus 1 space per nonresident employee on the largest shift
Mixed use/multiple commercial	Parking to be provided per the individual uses
All residential uses	2 parking spaces per dwelling unit
Movie house	1 parking space per 4 occupants, plus 1 parking space per 2 employees on the largest shift
Outdoor market	1 parking space per 500 square feet of sales space

(a)

As part of a Site Plan Approval or special permit process within this district, the applicant may request reductions to minimum requirements or alternative methods for meeting the required parking.

(b)

Available innovative parking strategies include:

[1]

Shared On-Site Parking.

[a]

Non-competing uses. In mixed-use developments, applicants may propose a reduction in parking requirements based on an analysis of peak demands for noncompeting uses. Up to 50% of the requirements for the predominant use may be waived by the Planning Board or the Board of Appeals if the applicant can demonstrate that the peak demands for two uses do not overlap. An additional 25% may be waived with the addition of bicycle parking facilities.

[2]

Off-Site Parking. Separate from, or in conjunction with Shared Parking provisions, an applicant may use off-site parking to satisfy their parking requirements in accordance with the following conditions:

[a]

Off-site parking shall be within one thousand (1,000) feet of the property for which it is being requested.

[b]

Off-site parking spaces provided by a separate private property owner shall be subject to a legally binding agreement that will be presented to the Permit Granting Authority as a condition of either the Development Plan Review or the Special Permit. Where an agreement shall expire within a specified timeline, the applicant or current property owner shall continue to provide evidence to the Zoning Enforcement Officer that the agreement has been extended. The Permit Granting Authority will verify with the Zoning Enforcement Officer that there are no existing parking agreements during the permitting process.

(7)

Design standards. The Design Standards in this section shall be applied to development within the Village Center District where applicable.

(a)

Occupied lot area. The total lot devoted to building, parking, outdoor storage and display and other paved hard surfaces may occupy up to eighty-five (85%) percent of the total lot area.

(b)

Buildings.

[1]

All buildings shall have a principal facade and entry (with operable doors) facing a street or open space. Buildings may have more than one principal facade and/or entry.

[2]

Building finish materials shall be appropriate to traditional New England architecture.

[3]

Building facades, materials and roof lines shall be reviewed under the Permit Granting Authority to ensure consistency and compatibility with other structures.

[4]

Blank walls adjacent to streets, alleys or open spaces shall not be permitted. Where windows are not possible or appropriate to the intended use, vertical articulation in the form of raised or recessed surfaces shall be used to break up blank walls.

[5]

New retail buildings shall have one of the following features along the front entrances to pedestrians: awning, marquee, arcade and/or colonnade.

[6]

Flat roofs that are visible from the street are prohibited unless an appropriate facade is included in the design.

[7]

Larger buildings with multiple non-residential tenants on the first floor shall articulate the facade in a manner that distinguishes the location of these tenants through the use of decorative raised or depressed vertical surfaces, variations of acceptable signage, awnings, marquees, colonnades or arcades.

[8]

Mixed Use buildings shall have no more than twenty five (25%) percent of the first floor dedicated to residential use. Conversion or partial conversion of residential uses existing before 1 May 2015 are exempt from this provision.

[9]

All new utility service connections shall be placed underground.

[10]

Lighting, signage and architectural style shall be consistent with other uses in the District and reviewed under the Permit Granting Authority.

(c)

Signs.

[1]

Primary signs shall be flat against the facade, or mounted projecting from the facade.

[2]

Signs that project from buildings shall have at least ten (10) feet of clearance from the ground level.

[3]

Signs shall be externally lit from the front; lighting shall be provided using a gooseneck fixture. Back lighting of signs shall not be used.

[4]

Neon, flashing signs, moving signs, electric message signs, and roof signs shall not be used, except for barber poles.

[5]

Banners with a specific date of expiration, shall be allowed, after approval by the Zoning Enforcement Officer.

[6]

Signs shall be made of attractive materials consistent with the character of the district. Materials may include wood (painted or natural), stone, copper, brass, galvanized steel, painted canvas or paint/engraved on facade surface.

[7]

Signs may only be incorporated into the skirt of awnings and not on the primary angled surface.

[8]

Each building facade facing a street or parking area is permitted to have signs that equal a maximum square footage of five (5%) percent of the respective facade.

[9]

Sandwich board signs, flags and other portable signs are permitted only within the property lines, as long as they are properly weighted.

[10]

Window signs, comprising no more than ten (10%) percent of the transparent surface, shall be allowed. Window signs shall not be lighted or animated in any manner, with the exception of the standard lighting fixtures within the building.

(d)

Site design.

[1]

Interior streets, drives, walkways and access.

[a]

Site access shall be a divided way (one way in and one way out) where and when appropriate as determined by the Permit Granting Authority.

[b]

Surfaces shall be pervious when possible and practical.

[c]

Street level frontage shall be devoted to entrances, shop windows or other displays.

[d]

Primary entrances to proposed and existing buildings shall be situated on pedestrian amenities (e.g., sidewalks, plazas or open space) with a minimum width of 10 feet.

[e]

Setbacks shall be consistent with the fabric of the existing street and do not preclude pedestrian access.

(e)

Parking and loading area.

[1]

Parking shall be in the rear or side of building(s) and shall not be visible from the street line when possible. Parking will be reviewed by the Permit Granting Authority.

[2]

All loading docks shall be to the rear of the building(s) and shall not be visible from the street. Adequate access for loading and emergency vehicles is maintained on one side of the building.

(f)

Sidewalks.

[1]

Sidewalks shall be provided from the street line, when applicable, and from the parking areas to building(s).

(g)

Landscaping.

[1]

There shall be a minimum of a four (4) foot landscaped area along the street frontage and along the front and side of the principal building(s) and plantings of indigenous materials along the facades of the building(s) and between the building(s) if there is more than one principal building on site.

[2]

Additional landscaping and screening may be required during the Development Plan Review or by the permitting authority.

[3]

Such landscape shall be a type and height that does not interfere with sight lines of drivers.

[4]

Natural features shall be retained to the extent possible.

[5]

A landscape plan shall be provided and reviewed.

[6]

Where residential neighborhoods abut commercial, office or mixed use developments, appropriate transitional features shall be used and may include landscaping, open space or parks, or streets with clearly designed pedestrian features.

(h)

Street furniture.

[1]

Light fixtures shall be designed to be of number and height that grants plentiful lighting. Such lighting shall shine downwards as to not affect adjacent properties and be dark sky compliant.

[2]

Lighting must also be placed on the side and rear of the building.

[3]

A Lighting Plan may be required if the Permitting Granting Authority deems the project is of such a scale that the impacts to the neighborhood are adverse; such plan will show where all light fixtures are being proposed within the site, as well as a narrative as to the type of light and height of all fixtures.

[4]

Outdoor tables, benches, and bicycle racks shall be of a style consistent with the principal use(s) of the site.

[5]

The location, number and style of trash receptacles shall be reviewed under Permit Granting Authority.

(8)

Village Center District campus developments. Developments that contain multiple buildings and uses on a single lot are encouraged as long as they are sensitive to the context of the surrounding area and meet the purposes outlined above. These developments are subject to the provisions of Section 8.4 Development Plan Review of the Protective Bylaw as well as the additional design guidelines outlined in Section 4.17.8. of this Bylaw and below.

(9)

Additional design standards. In addition to those design standards listed in Section 4.17.8. of this bylaw, applications for a Village Center District Campus shall also meet the following standards:

(a)

Buildings.

[1]

Newly constructed building facades for non-residential first floor uses shall have a transparency of at least thirty five (35%) percent and no more than sixty (60%) percent for all facades that, wholly or partially, address street frontage, sidewalks, or other public space.

[2]

Buildings in Village Center District Campus Developments shall meet the following criteria:

[3]

No more than ten (10%) percent of the first floor of newly constructed buildings shall be occupied by residential use.

[4]

No more than sixty (60%) percent of the total gross floor area of the development shall be occupied by residential use.

(b)

Signs.

[1]

Freestanding directory signs may be permitted as part of a Village Center District Campus application where several non-residential operations are accessed through a common vehicular entrance. Such freestanding signs shall not exceed eight (8) feet in height, six (6) feet in width and each tenant shall be allowed a maximum of four and a half (4.5) square feet to display the company or agency name.

(c)

Site design.

[1]

Buildings shall be arranged in a manner that optimizes the ability of residents and consumers to access public spaces and pedestrian amenities.

[2]

Buildings shall be oriented toward each other in a way that minimizes conflicts between pedestrians and automobiles.

[3]

Open space provided pursuant to Section 4.17.9.b. of this bylaw shall be designed as a public gathering place. Arcades, courtyards, parks, greens or other common areas shall be located in a manner that connects buildings to each other and to public sidewalks without interruption from parking areas or automobile travel lanes to the greatest practicable extent.

[4]

Features that may be used to create open space areas acceptable to the Planning Board or the Board of Appeals may include, without limitation, fixed benches, fixed tables, fountains, pathways, bikeways, bicycle racks, period lighting, shade trees, perennial gardens, picnic areas, and/or trash receptacles.

§ 250-4.8 Floodplain District.

[Amended 5-3-2025 ATM by Art. 30]

The purpose of the Floodplain Overlay District is to:

(1)

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

(2)

Eliminate new hazards to emergency response officials.

(3)

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

(4)

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

(5)

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

(6)

Reduce damage to public and private property resulting from flooding water.

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

Definitions.

DEVELOPMENT

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

FLOODWAY

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

FUNCTIONALLY DEPENDENT USE

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

HIGHEST ADJACENT GRADE

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

HISTORIC STRUCTURE

Means any structure that is:

(1)

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

(2)

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

(3)

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

(4)

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

(a)

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

(b)

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

NEW CONSTRUCTION

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

RECREATIONAL VEHICLE

Means a vehicle which is:

(1)

Built on a single chassis;

(2)

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

(3)

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

(4)

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

REGULATORY FLOODWAY

SPECIAL FLOOD HAZARD AREA

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH.

START OF CONSTRUCTION

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

STRUCTURE

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

SUBSTANTIAL REPAIR OF A FOUNDATION

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

VARIANCE

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

VIOLATION

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

Use regulations.

(1)

The Floodplain District is established as an overlay district to all other districts. All development, including structural and nonstructural activities, must be in compliance with MGL c. 131, § 40 and with the requirements of the Massachusetts State Building Code pertaining to construction in the floodplain.

(2)

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

(a)

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

(b)

Forestry and nursery uses.

(c)

Outdoor recreational uses, including fishing, boating, play areas, etc.

(d)

Conservation of water, plants, wildlife.

(e)

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

(f)

Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage or sale of crops raised on the premises.

(g)

Buildings lawfully existing prior to the effective date hereof.

(3)

Uses permissible by special permit granted by the Planning Board. No structure or building shall be erected, constructed, substantially improved or otherwise created or moved, no earth or other materials dumped, filled, excavated or transferred, unless a special permit is granted by the Planning Board. Said Board may issue a special permit hereunder, subject to other applicable provisions of this bylaw, if the application is in compliance with the following provisions:

(a)

The proposed use shall comply in all respects with the provisions of the underlying district; and

(b)

Within 10 days of receipt of the application, the Board shall transmit one copy of the development plan to the Conservation Commission, Board of Health and Building Commissioner. Final action shall not be taken until reports have been received from the above boards or until 35 days have elapsed; and

(c)

All encroachments, including fill, new construction, substantial improvements to existing structures and other development, are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 100-year flood; and

(d)

The Board may specify such additional requirements and conditions it finds necessary to protect the health, safety and welfare of the public and the occupant of the proposed use.

Designation of Community Floodplain Administrator. The Town hereby designates the position of Building Commissioner to be the official floodplain administrator for the Town.

Special Permits are required for all proposed development in the Floodplain District The Town requires a special permit for all proposed construction or other development in the Floodplain District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

Assure that all necessary permits are obtained. The Town's special permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain District. The proponent must acquire all necessary permits.

Floodway encroachment.

(1)

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

(2)

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

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

Subdivision proposals. All subdivision proposals and development proposals in the Floodplain District shall be reviewed to assure that:

(1)

Such proposals minimize flood damage.

(2)

Public utilities and facilities are located & constructed so as to minimize flood damage.

(3)

Adequate drainage is provided.

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

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

Watercourse alterations or relocations in riverine areas. In a riverine situation, the Building Commissioner shall notify the following of any alteration or relocation of a watercourse:

(1)

Adjacent Communities, especially upstream and downstream.

(2)

Bordering States, if affected.

(3)

NFIP State Coordinator.

(4)

Massachusetts Department of Conservation and Recreation. NFIP Program Specialist.

(5)

Federal Emergency Management Agency, Region I.

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

(1)

NFIP State Coordinator.

(2)

Massachusetts Department of Conservation and Recreation.

(3)

NFIP Program Specialist.

(4)

Federal Emergency Management Agency, Region I.

Variances to Building Code Floodplain Standards.

(1)

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

(2)

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

(3)

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

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

A variance from this Bylaw must meet the requirements set out by State law, and may only be granted if:

(1)

Good and sufficient cause and exceptional non-financial hardship exist;

(2)

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

(3)

The variance is the minimum action necessary to afford relief.

Abrogation and greater restriction.

(1)

The floodplain management regulations found in this Floodplain District Bylaw shall take precedence over any less restrictive conflicting local laws or codes.

(2)

The degree of flood protection required by this Bylaw is considered reasonable but does not imply total flood protection.

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

§ 250-4.9 Water Supply Protection District.

[Amended 5-5-2018 ATM by Art. 32; 11-12-2024 STM by Art. 7]

Purpose of district. The purpose of this Water Supply Protection District is to:

(1)

Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the Town of Lunenburg;

(2)

Preserve and protect existing and potential sources of drinking water;

(3)

Conserve natural resources in the Town of Lunenburg; and

(4)

Prevent temporary and permanent contamination of the environment.

Scope of authority.

(1)

The Water Supply Protection District is an overlay district superimposed on the zoning districts. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable activities and uses in a portion of one of the underlying zoning districts that fall within the Water Supply Protection District must additionally comply with the requirements of this bylaw. Uses prohibited in the underlying zoning districts shall not be permitted in the Water Supply Protection District.

Definitions.

AQUIFER

A geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.

AUTOMOBILE GRAVEYARD

An establishment that is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or motor vehicle parts as defined in MGL c. 140B, s. 1.

CMR

Code of Massachusetts Regulations.

COMMERCIAL FERTILIZER

Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value in promoting plant growth, except un-manipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, and other products exempted by state regulations.

CONTAMINATED GROUNDWATER

Groundwater containing oil and/or hazardous material at concentrations equal to or greater than a release notification threshold established by 310 CMR 40.0300 and 40.1600.

CONTAMINATED SURFACE WATER

Surface water containing oil and/or hazardous material associated with a release for which notification is required under 310 CMR 40.0300 and 40.1600.

DISCHARGE

The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, pouring, or placing of toxic or hazardous material or hazardous waste upon or into any land or water such that it may enter the surface or ground waters.

DRY WELL

A subsurface pit with open-jointed lining or holes through which storm- water drainage from roofs, basement floors, foundations, or other areas seep into the surrounding soil.

HAZARDOUS MATERIAL

Any substance in any form which because of its quantity, concentration, or its chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with one or more substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment, when improperly stored, treated, transported, disposed of, used, or otherwise managed. Hazardous material includes, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious materials, and all substances defined as toxic or hazardous under MGL c. 21E. This term shall not include hazardous waste or oil.

HAZARDOUS WASTE

A substance or combination of substances, which because of quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety, or welfare or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed. This term shall include all substances identified as hazardous pursuant to the Hazardous Waste Regulations, 310 CMR 30.000.

HISTORICAL HIGH GROUNDWATER TABLE ELEVATION

A groundwater elevation determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey.

IMPERVIOUS SURFACE

Material or structure on, above, or below the ground that does not allow precipitation or surface water runoff to penetrate into the soil.

INTERIM WELLHEAD PROTECTION AREA (IWPA)

The MassDEP designated protection radius around a public water well that lacks a Zone II.

JUNKYARD

An establishment that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, as defined in MGL c. 140B, s. 1.

LANDFILL

A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to the Solid Waste. Regulations, 310 CMR 19.006.

MASSDEP

Massachusetts Department of Environmental Protection. MGL: Massachusetts General Law.

NON-SANITARY WASTEWATER

Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage including, but not limited to, activities specified in 310 CMR 15.004(6).

OPEN DUMP

A facility operated or maintained in violation of the Resource Conservation and Recovery Act 42 U.S.C. 4004(a)(b), or state regulations and criteria for solid waste disposal.

PETROLEUM PRODUCT

Includes, but not limited to, fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not include liquefied petroleum gas including, but not limited to, liquefied natural gas, propane, or butane.

RECHARGE AREAS

Land areas, such as a Zone II or an Interim Wellhead Protection Area, where precipitation and surface water infiltrates into the ground to replenish groundwater and aquifers used for public drinking water supplies.

SEPTAGE

The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. This term shall not include any material that is a hazardous waste, as defined by 310 CMR 30.000.

SLUDGE

The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment including wastewater residuals. This term shall not include grit, screening, or grease and oil which are removed at the headworks of a facility.

TREATMENT WORKS

Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.

UTILITY WORKS

Regulated activities providing for public services, including roads, water, sewer, electricity, gas, telephone, transportation, and their associated maintenance activities. This term shall include the installation of detention and retention basins for the purpose of controlling storm water.

VERY SMALL QUANTITY GENERATOR

Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.

WASTE OIL RETENTION FACILITY

A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with MGL c.21. s.52A.

WATER SUPPLY PROTECTION DISTRICT

The land area consisting of aquifers, Zone II recharge areas, and Zone III areas, all as approved by MassDEP and identified on a map and adopted pursuant to this bylaw.

ZONE I

A protective radius around a public water supply well or wellfield as approved by MassDEP and defined under the Massachusetts Drinking Water Regulations 310 CMR 22.00, provided, however, that Zone 1 ends at the water's edge and does not extend into the waters of Hickory Hills Lake, Lake Shirley or Whalom Lake.

ZONE II

The delineated recharge area to a public drinking water well as approved by MassDEP and defined under the Massachusetts Drinking Water Regulations 310 CMR 22.00. For the purposes of this § 250-4.9, Zone II shall not extend within that area included in Zone I. Accordingly, no parcels or portions of parcels located within Zone I are considered to be included within Zone II.

ZONE III

An area beyond a Zone II recharge area, as approved by MassDEP and defined under the Massachusetts Drinking Water Regulations 310 CMR 22.00.

Establishment and delineation of water supply protection district. For the purposes of this bylaw, there are hereby established within the Town of Lunenburg certain water-supply protection areas a Zone I, Zone II, and Zone III which consist of a protective radius around a public water supply well or wellfield (Zone I), aquifers or recharge areas (Zone II), and certain protected areas beyond those Zone II areas (Zone III). These areas are delineated on a map entitled Lunenburg Water District Aquifer Protection Zones dated July 2021 which is hereby made part of the Water Supply Protection District Bylaw and is on file in the office of the Town Clerk. Provided, however, Zone 1 ends at the water's edge and does not extend into the waters of Hickory Hills Lake, Lake Shirley or Whalom Lake."

District boundary disputes.

(1)

If the location of the Water Supply Protection District in relation to a particular parcel is in doubt, resolution of the boundary dispute shall be through a Special Permit application to the Special Permit Granting Authority. Any application for a special permit for this purpose shall be accompanied by adequate documentation.

(2)

Burden of proof shall be upon the landowner to demonstrate that the location of the Water Supply Protection District with respect to a particular parcel(s) of land is uncertain. At the request of the landowner, the Town may engage a professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the Water Supply Protection District with respect to a particular parcel(s) of land, and may charge the owner for the cost of the investigation.

(a)

Changes to the Water Supply Protection District require town meeting approval.

(b)

Changes to the Zone II boundary require approval from the MassDEP.

(3)

Where the Zone II boundary line of the Water Supply Protection District divides a lot or parcel, the requirements established by this bylaw shall apply to the land twenty (20) feet beyond the Zone II boundary.

Permitted uses.

(1)

Irrespective of the permitted uses in the underlying district, only the following uses are permitted within Zone I or Zone II of the Water Supply Protection District except as may also be allowed by Special Permit in § 250-4.9H. This same restriction does not apply to Zone III.

(2)

The following uses are permitted within Zone I:

(a)

Conservation of soil, water, plants, and wildlife;

(b)

Outdoor recreation, nature study, swimming, boating, fishing, and hunting where otherwise legally permitted;

(c)

Raised wooden walkways, foot, bicycle and/or horse paths, and bridges;

(d)

Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply, and conservation devices;

(e)

Uses accessory and subordinate to the above uses, if permitted in the underlying district and subject to the provision of the underlying district, provided that the use does not result in coverage of more than 15% of the lot with impervious surfaces.

(f)

Maintenance and repair of existing drinking water supply related works such as, but not limited to, wells, pipelines, aqueducts, and tunnels.

(g)

Removing non-native, nuisance, or invasive species, interplanting native species, and controlling species in a manner approved by Mass DEP that preserves drinking water quality and minimizes damage to surrounding, non-target species.

(h)

Maintaining vegetation as approved by MassDEP including pruning, trimming, cutting, mowing, and removing brush to prevent, control, and manage hazards, disease, insect, or fire damage, and to preserve drinking water quality and maintain the condition of the premises.

(3)

The following uses are permitted within Zone II and Zone III of the Water Supply Protection District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:

(a)

Conservation of soil, water, plants, and wildlife;

(b)

Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;

(c)

Foot, bicycle and/or horse paths, and bridges;

(d)

Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply, and conservation devices;

(e)

Maintenance, repair, and enlargement of any existing structure, subject to § 250-4.9G, § 250-4.9H and § 250-4.9J of this Zoning Bylaw;

(f)

Residential development, subject to § 250-4.9G, § 250-4.9H and § 250-4.9J of this Zoning Bylaw;

(g)

Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to § 250-4.9G, § 250-4.9H and § 250-4.9J of this Zoning Bylaw;

(h)

Construction, maintenance, repair, and enlargement of existing drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels but shall not include construction of new treatment works and related;

(i)

Water Remediation Treatment works approved by MassDEP designed for the treatment of contaminated ground or surface water operating in compliance with 314 CMR 5.05(3).

(j)

Any use permitted in the underlying zoning by-right or by special permit, except for those uses specifically prohibited in § 250-4.9G, § 250-4.9H and § 250-4.9J of this Zoning Bylaw.

Prohibited uses.

(1)

The following land uses and activities are prohibited in Zone II unless designed in accordance with the specified performance standards:

(a)

Landfills and open dumps;

(b)

Automobile graveyards and junkyards;

(c)

Landfills receiving only wastewater residuals and/or septage, including those approved by MassDEP pursuant to MGL c. 21 s. 26 through s. 53, MGL c. 111 s. 17, and MGL c. 83 s. 6 and s. 7;

(d)

Facilities that generate, treat, store, or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.000, except for:

[1]

Very small quantity generators as defined under 310 CMR 30.000;

[2]

Household hazardous waste centers and events under 310 CMR 30.390;

[3]

Waste oil retention facilities required by MGL c. 21, s. 52A; and

[4]

Water remediation treatment works approved by MassDEP for the treatment of contaminated waters subject to § 250-4.9H.

(e)

Petroleum, fuel oil, and heating oil bulk stations and terminals including, but not limited to those listed under North American Industry Classification System (NAICS) Codes 424710 and 454311, except for liquefied petroleum gas.

(f)

Storage of liquid hazardous materials and/or liquid petroleum products unless such storage is above ground level and on an impervious surface and either:

[1]

In container(s) or above ground tank(s) within a building; or

[2]

Outdoors in covered container(s) or above ground tank(s) in an area that has a containment system designed and operated to hold either; 10% of the total possible storage capacity of all containers or 110% of the largest container's storage capacity, whichever is greater. However, these storage requirements shall not apply to the replacement of existing tanks or systems for the keeping, dispensing, or storing of gasoline provided the replacement is performed in a manner consistent with state and local requirements;

(g)

Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

(h)

Storage of deicing chemicals, with the exception of small quantities stored in containers and ready for application, unless such storage, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;

(i)

Storage of animal manure, with the exception of small quantities stored in containers and ready for application, unless contained within a structure designed to prevent the generation and escape of contaminated runoff or leachate;

(j)

Storage of commercial fertilizers, with the exception of small quantities stored in containers and ready for application, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;

(k)

Stockpiling and disposal of snow and ice containing deicing chemicals brought in from outside the Water Supply Protection District;

(l)

Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material to within 4 feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, utility works or wetland restoration work conducted in accordance with a valid Order of Condition issued pursuant to MGL c. 131, s.40; and

(m)

Treatment or disposal works subject to 314 CMR 5.00, for non-sanitary wastewater, including those activities listed under 310 CMR 15.004(6), except for:

[1]

Treatment works approved by MassDEP designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13) subject to § 250-4.9H; and

[2]

Publicly owned treatment works subject to § 250-4.9H.

Uses and activities requiring a special permit.

(1)

In Zone I the following uses and activities are permitted only upon the issuance of a Special Permit by the Special Permit Granting Authority (SPGA) under such conditions as they may require:

(a)

Construction of new treatment works and related structures.

(b)

Water remediation treatment works except as expressly permitted in § 250-4.9F(1)(i).

(c)

Publicly owned treatment works.

(d)

Construction of new water treatment works.

(2)

In Zone II, the following uses and activities are permitted only upon the issuance of a Special Permit by the Special Permit Granting Authority (SPGA) under such conditions as they may require:

(a)

Enlargement or alteration of existing uses that do not conform to the Water Supply Protection District;

(b)

Except as prohibited under § 250-4.9G of this bylaw, activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, and which are permitted in the underlying zoning district;

(c)

Rendering impervious any lot or parcel more than 15% or 2,500 square feet, whichever is greater; unless artificial recharge, that will not degrade water quality, is provided using methods demonstrated to be capable of removing contaminants from storm water and which are consistent with methods described in MassDEP's Stormwater Handbook, Vol. I, II and III, as amended.

(d)

Construction of new treatment works and related structures.

(e)

Water remediation treatment works except as expressly permitted in § 250-4.9F(1)(i).

(f)

Publicly owned treatment works.

(g)

Construction of new water treatment works.

Procedures for issuance of special permit pursuant to § 250-4.9.

(1)

The Special Permit Granting Authority (SPGA) under this bylaw shall be the Planning Board. A special permit shall be granted if the SPGA determines, with advisement from the Lunenburg Water District, Building Commissioner, Conservation Commission, Department of Public Works, and Board of Health, that the intent of this bylaw, as well as its specific criteria, are met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The SPGA shall document the basis for any departures from the recommendations of the other municipal boards, departments, or commissions in its decision.

(2)

Upon receipt of the special permit application, the SPGA shall transmit one copy to the Lunenburg Water District, Building Commissioner, Conservation Commission, Department of Public Works, Board of Health, and Lunenburg Fire Department. Failure to respond in writing within 35 days of receipt shall be considered as no desire to comment. The necessary number of copies of the application shall be furnished by the applicant.

(3)

The SPGA may grant the required special permit upon finding that the proposed use meets the following standards, those standards and requirements specified in § 250-4.9G of this bylaw, and any regulations or guidelines adopted by the SPGA. The proposed use must:

(a)

In no way, during construction or thereafter, materially adversely affect the quality or quantity of the water supplies protected by the Water Supply Protection District; and

(b)

Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed, except as depicted on an approved site plan.

(4)

The SPGA may adopt controls to govern design features of projects. Such controls shall be consistent with the Town's subdivision regulations, Site Plan Approval, and Stormwater Bylaws.

(5)

The applicant shall file 10 copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the SPGA and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and all supporting materials must meet the requirements outlined in the Planning Board Rules & Regulations for Site Plan Approval and Special Permit and at a minimum include the following information where pertinent:

(a)

A complete list of the categories of chemicals, pesticides, herbicides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use; and

(b)

For activities using or storing hazardous materials or wastes, a management plan shall be prepared and filed with the Fire Chief and the Board of Health. The plan will be consistent with the standards and requirements set forth in § 250-4.9G above and shall include:

[1]

Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and clean-up procedures;

[2]

Provisions for indoor, secured storage of hazardous materials or wastes with impervious floor surfaces;

[3]

Evidence of compliance with the Massachusetts Hazardous Waste Regulations 310 CMR 30.000; and

[4]

Proposed down-gradient location(s) for groundwater monitoring well(s), should the SPGA deem the activity a potential groundwater threat.

(6)

The SPGA shall hold a hearing, in conformity with the provision of MGL c. 40A s. 9, within 65 days after the filing of the application. Notice of the public hearing shall be given by publication and posting and by first-class mailings to "parties of interest" as defined in MGL c. 40A s. 11. The decision of the SPGA and any extension, modification, or renewal thereof shall be filed with the SPGA and Town Clerk within 90 days following the closing of the public hearing. Failure of the SPGA to act within 90 days shall be deemed as a granting of the permit.

(7)

If there are material changes to the categories of potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use after the Special Permit has been granted, the owner/operator will file updated information on those categories of hazardous materials with the Fire Department, the Board of Health, and the Planning Board.

Uses and activities permitted by site plan review.

(1)

In Zone III, the following uses and activities (these are the same uses and activities which are permitted only by Special Permit in Zone II as detailed in § 250-4.9H) are permitted only upon the issuance of Site Plan Approval by the Planning Board under such conditions as they may reasonably require.

(a)

Enlargement or alteration of existing uses that do not conform to the Water Supply Protection District;

(b)

(c)

(2)

Site Plan Approval will be granted, with the input of the Building Commissioner, Board of Health, Conservation Commission, and Department of Public Works, and a determination by the Planning Board that the intent of the Bylaw, as well as its specific criteria, are met.

(3)

The submitted Site Plan Approval application will comply with the requirements of § 250-8.4 of this Bylaw.

(4)

If there are material changes to the categories of potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use after Site Plan Approval is granted, the owner/operator will file updated information on those categories of hazardous materials with the Fire Department, Board of Health, and the Planning Board.

Enforcement.

(1)

Written notice of any violations of this bylaw shall be given by the Building Commissioner to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance.

(2)

A copy of such notice shall be submitted to the Land Use Director, Building Commissioner, Conservation Commission, Department of Public Works, and Board of Health. The cost of containment, clean-up, or other action of compliance shall be borne by the owner/operator of the premises.

(3)

The Building Commissioner may use any portion of § 250-8.2 of these Zoning Bylaws to assist in the enforcement of the requirements of this Bylaw. Planning Board recommends Approval; Finance Committee - NDFI; Select Board recommends Approval 4, 1 Abstain.

§ 250-4.10 Lake Whalom Overlay District.

[Amended 5-5-2018 ATM by Art. 32]

Purpose. The purpose of the Lake Whalom Overlay District is to provide for the coordinated development of the former amusement park area and its adjacent area in a manner which will protect the historic features of the area, provide housing, encourage sound economic development, protect the adjacent neighborhood, and respect adjacent natural features and Town properties, all with minimum environmental and traffic impacts.

Location. The Lake Whalom Overlay District includes the area bounded as follows: by the present Commercial District boundary line on the west from the Leominster City line to the center line of Whalom Road, easterly along the center line of Whalom Road, continuing along the center line of Pond Street to Kimball Street, southeasterly along the center line of Kimball Street to the center line of Prospect Street, westerly along a line extending straight across Prospect Street to the shoreline of Whalom Lake, southwesterly along the shoreline of Whalom Lake to the Commercial District boundary line, southerly along the Commercial District boundary to the Leominster City line to the point of beginning.

Permitted uses: all uses of the underlying districts, subject to the restrictions and provisions of the underlying district, except for those uses permitted by §§ 250-4.2C(1)(a) and 250-4.6C(1)(j), (l) and (n).

Uses permissible by special permit granted by the Planning Board:

(1)

Townhouses and garden flats.

(2)

Recreation facilities, limited to lakefront facilities, including a club house, beach, tennis, badminton, bocce, shuffleboard, gardens, outdoor seating and similar uses.

(3)

Restaurants.

Conditions of use.

(1)

All uses are subject to the applicable provisions of Section 250-8.4.

(2)

The dimensional requirements of Section 250-5.0. can be modified by the Planning Board in connection with a Special Permit or a Site Plan Approval, if

(a)

the use or uses are connected to municipal sewer and

(b)

at least ten (10) percent of the residential portion, if any, is limited in perpetuity to occupancy by persons fifty-five (55) years or more of age or qualifying for affordable units as defined by the Commonwealth.

(3)

The maximum density shall be determined by the Planning Board so as not to conflict with the surrounding properties and intended use, but shall not be more than eight (8)units per acre.

(4)

If density exceeds the underlying zone, there shall not be more than two (2) bedrooms per unit.

(5)

Consideration shall be given to preserving some of the previous character of the area as an amusement park, such assigning or markers, maintaining a feature of the park or other historic structures.

(6)

Development of uses permitted by Section 4.12.3. shall be completed within three (3) years from the date of approval of the special permit, unless otherwise approved by the Planning Board.

§ 250-4.11 Tri-Town Smart Growth District.

[Amended 5-5-2018 ATM by Art. 32]

Purpose and authority. The purposes of the Tri-Town Smart Growth District are to encourage smart growth in accordance with the purposes stated in MGL Chapter 40R and to encourage a range of housing types and opportunities which are appropriate in Lunenburg. The objectives include:

(1)

To promote the public health, safety and welfare by encouraging a diversity of housing opportunities.

(2)

To provide a range of housing choices for households of varying size, incomes and ages and increase the production of housing to meet existing and anticipated need.

(3)

To establish requirements, standards and guidelines which will ensure suitable and cost-effective development and a clear, predictable and efficient development review and permitting process.

(4)

To enable the Town to receive zoning incentive and density bonus payments under MGL Chapter 40R and Chapter 40S.

Definitions. For purposes of this section, the following definitions shall apply. All terms shall be defined in accordance with the definitions established under the enabling laws or this section, or as set forth in the rules and regulations of the permit approval authority ("regulations"), if any. To the extent that there is any conflict between the definitions set forth is this section or the regulations and the enabling laws, the terms of the enabling laws shall govern.

ACCESSORY USE

An accessory use shall be customarily incidental to any of the permitted uses, provided that there is no exterior display and that there are no products sold on the premises and no customers or clients coming to the premises.

AFFORDABLE HOMEOWNERSHIP UNIT

An affordable housing unit required to be sold to an eligible household.

AFFORDABLE HOUSING

Housing that is affordable to and occupied by eligible households.

AFFORDABLE HOUSING RESTRICTION

A deed restriction of affordable housing meeting statutory requirements in MGL c. 184, § 31 and the requirements of Subsection G(5) of this bylaw.

AFFORDABLE RENTAL UNIT

An affordable housing unit required to be rented to an eligible household.

AS-OF-RIGHT PROJECT or PROJECT

A development of housing under zoning without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A project that requires approval pursuant to this section shall be considered an as-of-right project.

ELIGIBLE HOUSEHOLD

An individual or household whose annual income is less than 80% of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.

ENABLING LAWS

MGL Chapter 40R and 760 CMR 59.00.

GARDEN APARTMENT

A multifamily residential building of not more than three floors.

MULTIFAMILY RESIDENTIAL USE

Apartment or condominium units in one or more buildings that contain or will contain more than three dwelling units.

PLAN APPROVAL

Standards and criteria which a project in the Tri-Town Smart Growth District must meet under the procedures established herein and in the enabling laws.

PLAN APPROVAL AUTHORITY

For purposes of reviewing project applications and issuing decisions on development projects within the Tri-Town Smart Growth District, the Planning Board, consistent with MGL Chapter 40R and 760 CMR 59.00, shall be the plan approval authority, and is authorized to approve a site plan to implement a project.

RECREATIONAL USES

Active recreational uses, including but not limited to ball fields, and passive recreational uses, including but not limited to walking and bicycle paths. Amusements or motorized uses shall not be considered eligible recreational uses.

Overlay district.

(1)

Establishment. The Tri-Town Smart Growth District is an overlay district having a land area of approximately +8.97 acres in size that is superimposed over the underlying zoning district applicable to a portion of the property shown on the map entitled "Tri-Town Smart Growth District," dated April 10, 2006, being the locus formerly used as the Tri-Town Drive-in Theater on Youngs Road and shown on Assessor's Map Number 81, Parcel Number 907. This map is hereby made a part of the Zoning Bylaw and is on file in the office of the Town Clerk.

(2)

Underlying zoning. The Tri-Town Smart Growth District is an overlay district superimposed on all underlying zoning districts. When a building permit is issued for any project approved in accordance with this § 250-4.13, the provisions of the underlying district(s) shall no longer be applicable to the land shown on the site plan which was submitted pursuant to Subsection L for such project.

Applicability of Tri-Town Smart Growth District. In accordance with the provisions of MGL Chapter 40R and 760 CMR 59.00, an applicant for a project located within the Tri-Town Smart Growth District may seek plan approval in accordance with the requirements of this section. In such case, then notwithstanding anything to the contrary in this Zoning Bylaw, such application shall not be subject to any other provisions of this Zoning Bylaw, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to building permit or dwelling unit limitations.

Permitted uses. The following uses are permitted as of right in the Tri-Town Smart Growth District:

(1)

Multifamily residential use, including garden apartments, with a density of 22.03 dwelling units per acre.

(2)

Parking, including surface, garage-under, and structured parking (e.g., parking garages).

(3)

Open space and recreational uses.

(4)

Accessory uses customarily incidental to any of the above permitted uses.

Project phasing. The Planning Board, as a condition of any plan approval, may require a project to be phased for the purpose of coordinating development with the mitigation required to address any adverse project impacts on nearby properties. For projects that are approved and developed in phases, the proportion of affordable units and the proportion of market-rate units shall be consistent across all phases.

Housing and housing affordability.

(1)

Marketing plan. Prior to granting plan approval for a project within the Tri-Town Smart Growth District, an applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. Not less than 10% of the residential units within a project shall be three-bedroom units. These documents in combination, to be submitted with a site plan application pursuant to Subsection L below, shall include details about construction related to the provision, within the development, of units that are accessible to the disabled.

(2)

Number of affordable housing units. Not less than 25% of housing units constructed in a project shall be affordable housing; provided, however, that the Planning Board may consider an application where 20% of the units are affordable housing set aside for eligible households. For purposes of calculating the number of units of affordable housing required within a project, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit.

(3)

Requirements. Affordable housing shall comply with the following requirements:

(a)

For an affordable rental unit, the monthly rent payment, including utilities and parking, shall not exceed 30% of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply.

(b)

For an affordable homeownership unit, the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed 30% of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one.

(c)

Affordable housing required to be offered for rent or sale shall be rented or sold to and occupied only by eligible households.

(4)

Design and construction. Units of affordable housing shall be finished housing units. Units of affordable housing shall be dispersed throughout the development of which they are part and be comparable in initial construction quality and exterior design to the other housing units in the development. The total number of bedrooms in the affordable housing shall be proportionate to the total number of bedrooms in all the units in the development of which the affordable housing is part, provided that at least 10% of the three-bedroom units within the district shall be affordable housing.

(5)

Affordable housing restriction. Each unit of affordable housing shall be subject to an affordable housing restriction which is recorded with the appropriate Registry of Deeds or District Registry of the Land Court and which contains the following:

(a)

Specification of the term of the affordable housing restriction, which shall be in perpetuity;

(b)

The name and address of an administering agency with a designation of its power to monitor and enforce the affordable housing restriction;

(c)

A description of the unit of affordable housing by address and number of bedrooms;

(d)

Reference to a housing marketing and resident selection plan, to which the affordable housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan may provide for preferences in resident selection to the extent consistent with applicable law; the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such unit shall be given to a household of the appropriate size;

(e)

A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of eligible households compiled in accordance with the housing marketing and selection plan;

(f)

Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set;

(g)

Designation of the priority of the affordable housing restriction over other mortgages and restrictions, provided that a first mortgage of a homeownership housing unit to a commercial lender in an amount less than the maximum resale price may have priority over the affordable housing restriction if required by then current practice of commercial mortgage lenders;

(h)

A requirement that only an eligible household may reside in affordable housing and that notice of any lease or sublease of any unit of affordable housing shall be given to the administering agency;

(i)

Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the administering agency;

(j)

Provision that the restriction on an affordable homeownership unit shall run in favor of the administering agency and the Town of Lunenburg in a form approved by municipal counsel, and shall limit initial sale and re-sale to and occupancy by an eligible household;

(k)

Provision that the restriction on an affordable rental unit shall run in favor of the administering agency and the Town of Lunenburg in a form approved by municipal counsel, and shall limit rental and occupancy to an eligible household;

(l)

Provision that the owner(s) or manager(s) of affordable rental unit(s) shall file an annual report to the administering agency, in a form specified by that agency certifying compliance with the affordability provisions of this bylaw and containing such other information as may be reasonably requested in order to ensure affordability;

(m)

A requirement that residents in affordable housing provide such information as the administering agency may reasonably request in order to ensure affordability.

(6)

Administering agency. An administering agency, which may be the Lunenburg Housing Authority or other qualified housing entity, shall be designated by the Planning Board. In a case where the administering agency cannot adequately carry out its administrative duties, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the Planning Board or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such agency shall ensure the following:

(a)

Prices of affordable homeownership units are properly computed; rental amounts of affordable rental units are properly computed;

(b)

Income eligibility of households applying for affordable housing is properly and reliably determined;

(c)

The housing marketing and resident selection plan conforms to all requirements and is properly administered;

(d)

Sales and rentals are made to eligible households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given;

(e)

Affordable housing restrictions meeting the requirements of this section are recorded with the proper Registry of Deeds.

(7)

Housing marketing and selection plan. The housing marketing and selection plan may make provision for payment by the project applicant of reasonable costs to the administering agency to develop, advertise, and maintain the list of eligible households and to monitor and enforce compliance with affordability requirements. Such payment shall not exceed 1/2% of the amount of rents of affordable rental units (payable annually) or 1% of the sale or resale prices of affordable homeownership units (payable upon each such sale or resale), as applicable.

(8)

Age restrictions. The district shall not include the imposition of restrictions on age.

(9)

Phasing. For housing that is approved and developed in phases, the proportion of affordable housing units shall be consistent across all phases.

(10)

Computation. Prior to the granting of any building permit for the housing component of a project, the applicant for such building permit must demonstrate, to the satisfaction of the Planning Board, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town.

(11)

No waiver. Notwithstanding anything to the contrary herein, the affordability provisions in this section shall not be waived.

Density and dimensional regulations.

(1)

Lot area, width and frontage.

(a)

No building, except a detached building or accessory use, shall be constructed on a lot smaller than the land in the Tri-Town Smart Growth District.

(b)

The frontage of the lot must be available for access.

(2)

Setbacks and yards.

(a)

No building shall be constructed less than 40 feet from the exterior line with Youngs Road unless otherwise approved by the Planning Board in accordance with Subsection N(1).

(b)

No building or accessory use shall be constructed nearer to the boundary lines of the district than 25 feet unless approved by the Planning Board in accordance with Subsection N(1).

(3)

Building height.

(a)

The maximum height of a building or structure shall be 38 feet, measured from the highest level abutting the building to the highest point of the building.

(b)

The vertical distance between any point on the roof of a building, whether main or accessory, and any point on the side or rear lines of its lot shall not exceed the horizontal distance between the same two points by more than five feet.

(4)

Density and unit type.

(a)

There shall not be more than 204 dwelling units.

(b)

Twenty percent of the units shall be one-bedroom units, 70% shall have two bedrooms and not less than 10% shall have three bedrooms.

Parking requirements.

(1)

Dwellings: two parking spaces for each dwelling containing two or three bedrooms, one parking space for each dwelling unit containing one bedroom, which shall be attached to the dwelling structure unless otherwise approved by the Planning Board.

(2)

Guest parking. The location and number of guest parking spaces shall be approved during the development plan review process.

Signs. No signs except an entrance sign and interior directional signs are allowed.

Performance standards.

(1)

The architectural style, including facades and color, handicapped units and access, walkways and landscaped areas shall be approved by the Planning Board as compatible with the Town of Lunenburg.

(2)

Landscaping shall be used to establish buffers between incompatible land uses, which shall be shown on the plan, including plant type and location.

(3)

Open spaces and pedestrian amenities shall be available to the public.

(4)

Access points, service roads, driveways and driveway entrances, parking areas, lighting and pedestrian walkways shall be arranged and provided in a manner which facilitates interior circulation and minimizes conflict between vehicles and pedestrians.

(5)

Ease of access, travel and on-site movement for fire and police equipment and other emergency services shall be assured for public safety.

(6)

Utilities shall be placed underground, unless otherwise approved by the Planning Board.

(7)

Surface run-off shall be minimized and the protection of the site and adjacent properties from erosion as a result thereof shall be assured.

(8)

The relationship of the buildings to the site, including the siting of buildings, structures and open spaces, shall be designed to permit passive solar energy and to permit maximum protection of pedestrian areas from adverse impact of winds, vapors or other emissions, shadows and/or noise.

(9)

The relationship of the buildings and site to adjoining areas, including compatibility with the prevailing architectural style and landscape, shall assure suitable transition to adjoining properties.

(10)

Historical considerations and compatibility with abutting properties and the area in which it is located shall be respected.

(11)

Provision shall be made for maintenance of common areas and special features.

(12)

The design of parking and off-street loading areas shall comply with the Regulations of the Planning Board of the Town of Lunenburg Governing the Design, Construction and Maintenance of Off-Street Parking and Loading Areas, effective January 1, 2005.

(13)

The landscaping shall comply with the Planning Board Guidelines for Nonresidential Landscaping, effective January 1, 2005.

(14)

Alteration of the topography shall be limited as nearly as possible to that which is necessary for the provision of access.

(15)

Appropriate surface treatment, fencing, walls and signage shall be provided.

(16)

Adequate size, location and screening of exterior and outside storage and service areas shall be provided.

(17)

Appropriate provision shall be made for waste disposal, water supply; refuse removal, drainage, dust and erosion control and other utilities and their appurtenances, in accordance with applicable Town regulations.

(18)

Adverse impacts as identified in the environmental impact statement required by the Lunenburg Planning Board Rules and Regulations Governing the Subdivision of Land, dated March 2002, shall be mitigated to the satisfaction of the Planning Board.[1]

[1]

Editor's Note: See Ch. 325, Subdivision Regulations.

(19)

Utilities, including water, sewer, drainage, and electricity, shall conform to the applicable sections of the Lunenburg Planning Board Rules and Regulations Governing the Subdivision of Land, dated March 2002.

(20)

Project review, development and construction shall be monitored in accordance with the Monitoring and Inspection Procedures, dated 2005, and the Fee System of the Lunenburg Planning Board in effect January 1, 2005.

Application for plan approval.

(1)

Required submittals. The application for plan approval shall be accompanied by the following plans and documents. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the Planning Board, and shall show the following:

(a)

The perimeter dimensions of the lot; Assessors Map, lot and block numbers.

(b)

Existing and proposed buildings, structures, building setbacks, parking spaces, driveway openings, distance between buildings, plan view exterior measurements of individual buildings, driveways, service areas and open areas.

(c)

Internal roads, sidewalks and parking areas (width dimensions of paving and indication of number of parking spaces).

(d)

All facilities for sewage, refuse and other waste disposal and for surface water drainage.

(e)

All proposed landscaping features, such as fences, walls, planting areas and walks on the lot and tract.

(f)

Existing major natural features, including streams, wetlands and all trees six inches or larger in caliper ("Caliper" is girth of the tree at approximately waist height.).

(g)

Scale and North arrow (minimum scale of one inch equals 40 feet).

(h)

Total site area in square footage and acres and area to be set aside as public open space, if appropriate.

(i)

Percentage of lot coverage (including the percentage of the lot covered by buildings) and percentage of open space, if appropriate.

(j)

The proposed residential density in terms of dwelling units per acre and types of proposed commercial uses in terms of the respective floor area, and recreation areas, and number of units proposed by type: number of one-bedroom units, two-bedroom units, etc., if appropriate.

(k)

Location sketch map (indicate surrounding streets and properties and any additional abutting lands owned by the applicant).

(l)

Representative elevation sketches of buildings (indicate height of building and construction material of the exterior facade).

(m)

Typical unit floor plan for residential uses. (Floor plan should be indicated for each type of unit proposed: either one bedroom, two bedrooms or more.) The area in square feet of each typical unit should be indicated.

(n)

Developer's (or his representative's) name, address and phone number.

(o)

Any other information, which may include required traffic, school, utilities impact study and in order to adequately evaluate the scope and potential impacts of the proposed project.

(2)

Records. All plans and elevations presented with the application shall remain a part of the records of the Planning Board. The provision of the plan and the application shall be the sole responsibility of the applicant.

Procedures.

(1)

Filing. An applicant for plan approval shall file the application form and other required submittals as set forth above with the Town Clerk, and also shall file forthwith the required number of copies of the application and other required submittals as set forth above with the Planning Board, including the date of filing with the Town Clerk.

(2)

Circulation to other boards. Upon receipt of the application, the Planning Board shall immediately provide a copy of the application materials to the Board of Selectmen, Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Department of Public Works, and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.

(3)

Hearing. The Planning Board shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11. The decision of the Planning Board shall be made, and a written notice of the decision filed with the Town Clerk, within 120 days of the receipt of the application by the Town Clerk. The required time limits for such action may be extended by written agreement between the applicant and the Planning Board, with a copy of such agreement being filed in the office of the Town Clerk. Failure of the Planning Board to take action within 120 days or extended time, if applicable, shall be deemed to be an approval of the application and site plan.

(4)

Peer review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the plan approval application, pursuant to MGL c. 44, § 53G.[2]

[2]

Note: Subsection M(4), Peer review, reads as changed by the Commonwealth of Massachusetts, Office of the Attorney General.

Decision.

(1)

Waivers. Upon the request of the applicant, the Planning Board may waive dimensional and other requirements of this section, including the performance standards of Subsection K, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the Tri-Town Smart Growth District, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses, and/or physical character allowable under this section.

(2)

Plan review. An application for plan approval shall be reviewed for consistency with the purpose and intent of this section, and such plan review shall be construed as an as-of-right review and approval process as required by and in accordance with the enabling laws.

(3)

Plan approval. Plan approval shall be granted where the Planning Board finds that:

(a)

The applicant has submitted the required fees and information as set forth herein; and

(b)

The project and site plan meet the requirements and standards set forth in this section, or a waiver has been granted therefrom; and

(c)

Extraordinary adverse potential impacts of the project on nearby properties have been adequately mitigated.

(4)

Plan disapproval. A site plan may be disapproved only where the Planning Board finds that:

(a)

The applicant has not submitted the required fees and information as set forth herein; or

(b)

The project and site plan do not meet the requirements and standards set forth in this section, or a waiver has not been granted therefrom; or

(c)

It is not possible to adequately mitigate significant adverse project impacts on nearby properties by means of suitable conditions.

(5)

Form of decision. The Planning Board shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the Town Clerk and that all plans referred to in the decision are on file with the Planning Board. If 20 days have elapsed after the decision has been filed in the office of the Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the Town Clerk shall so certify on a copy of the decision. A copy of the decision or application bearing such certification shall be recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.

Change in plans after approval by Planning Board.

(1)

Minor change. After plan approval, an applicant may apply to make minor changes involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the Planning Board on red-lined prints of the approved plan, reflecting the proposed change, and on application forms provided by the Planning Board. The Planning Board may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The Planning Board shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the Town Clerk.

(2)

Major change. Those changes deemed by the Planning Board to constitute a major change because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the Planning Board as a new application for plan approval pursuant to this section.

§ 250-4.12 Summer Street Revitalization Overlay District.

[Amended 5-5-2018 ATM by Art. 32]

Purpose. The Summer Street Revitalization Overlay District has been established to encourage development that in itself is compatible and aligns with the character of the Town; to create, through amenities, a sense of community that is an appealing place to live and work, ensuring the vision of Lunenburg as a New England Town, and further, to provide clear and precise guidelines as to the building and lot design that will revitalize the area and, when possible, using sustainable building materials and design features that include indoor/outdoor conservation methods.

Location: in Lunenburg from the Fitchburg line to the Leominster line, including all of the Industrial District along Summer Street in Lunenburg and all of the Commercial District along Summer Street and Youngs Road in Lunenburg.

Objectives:

(1)

Allowing a mix of uses in close proximity in the district within the development, including residential, retail, office, and light industrial;

(2)

Preserving and restoring a village-style character to the designated overlay area;

(3)

Promoting a balance of land uses;

(4)

Promoting the opportunity for people to work, meet, shop, and utilize services in the vicinity of their residences;

(5)

Providing opportunities for the development of variety of housing opportunities;

(6)

Providing opportunities for a mixture of uses in the same building;

(7)

Promoting a positive pedestrian environment in the district;

(8)

Facilitating integrated physical design;

(9)

Promoting a consistent level of design quality;

(10)

Encouraging the development of flexible space for small and emerging businesses;

(11)

Facilitating development proposals responsive to current and future market conditions;

(12)

Encouraging the development of open spaces and parks within the district to accommodate workers, residents, pedestrians, and shoppers.

Permit granting authority. The Zoning Board of Appeals (ZBA) is hereby Special Permit Granting Authority for the Summer Street Overlay District.

Permitted uses. The following uses are permitted within the Summer Street Revitalization Overlay District:

(1)

Uses as outlined in Section 250-4.1.G Use Table.

(2)

Mixed-use development, which is a development of a tract of land, building, or structure with two or more different uses such as, but not limited to, residential, office, retail, institutional, or entertainment. Residential uses shall be allowed as part of a mixed-use project.

Dimensional standards. These standards herein are hereby established as such to achieve a village-style design for the Summer Street Revitalization Overlay District.

(1)

Occupied lot area.

(a)

The total area on any lot devoted to building, parking, outdoor storage, and display and other hard-surfaced areas may occupy up to 85% of the total lot area.

(2)

Maximum height: no more than 55 feet measured from ground level.

(3)

Setbacks. A landscape plan shall be required for screening and buffering purposes for setback areas.

Front: 20 feet.

Side: 15 feet.

Rear: 20 feet.

Minimum lot size: 20,000 square feet.

(5)

Minimum frontage: 50 feet.

(6)

Minimum open space. All projects within the Summer Street Revitalization Overlay District shall have at least 10% of the total site area devoted to open space; required setbacks shall be considered as part of the total area required for open space. The required open space shall not be used for parking or loading purposes and shall be open and unobstructed to the sky. Items such as benches, walkways, planters, landscaping, kiosks, gazebos and similar structures shall not be considered obstructions.

(7)

Mixed-use developments that propose to have retail and residential uses within the same building on lots that meet the minimum dimensional requirements established herein shall be allowed only in a two-story building.

(8)

A mixed-use development within the Summer Street Revitalization Overlay District must provide that at least 10% of its residential units be made affordable to low- to moderate-income persons in perpetuity as defined by the Executive Office of Housing and Economic Development (EOHED).

Additional standards. As well as the standards required under § 250-8.4, Site plan approval, these additional standards are established for the Summer Street Revitalization Overlay District:

(1)

Building location and facade.

(a)

The building front shall face the street on which the lot obtains its frontage.

(b)

If there is more than one building on the site, the siting shall be approved by the special permit granting authority pursuant to the procedures outlined in § 250-8.4, and there shall be sidewalk connections between buildings.

(c)

Flat roofs that are visible from the street level are prohibited unless an appropriate facade is included in the design.

(d)

Roof colors shall be appropriate to the area and consistent through the site, except signs approved under the development plan review.

(e)

The principal building(s) shall be connected to public water and sewer where readily available and accessible.

(f)

Lighting, signage, and architectural style shall be consistent with other uses in the district and reviewed under the development plan review (DPR).

(2)

Parking, loading, and interior streets.

(a)

Parking lots shall be located at the rear of or the side of buildings wherever feasible or practical.

(b)

Parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided, where necessary and appropriate.

(c)

Turning radius of emergency response vehicles shall be accommodated within the design of the project.

(d)

All loading docks shall be at the rear of building(s) and not be visible from the street.

(e)

All paved areas shall be separated from the lot line setback by a four-foot landscaped area of indigenous materials.

(3)

Landscaping and screening.

(a)

There shall be a minimum of a four-foot landscaped area along the street frontage and along the front and side of the principal building(s) and plantings of indigenous material along the facade of the building(s) and between the buildings if there is more than one building on site.

(b)

Such landscaping shall not interfere with sight lines of drivers.

(c)

Natural features shall be retained wherever feasible.

(d)

Screening of the site shall be by a four-foot landscaped strip at the rear and side lot lines.

(e)

Additional landscaping and screening may be required where it is deemed such appropriate measures are in order.

(4)

Streetscape.

(a)

Light fixtures shall be designed to appropriately blend within the district and be of a number and height that grants plentiful lighting. Such lighting shall shine downward so as to not affect adjacent properties.

(b)

Lighting must also be placed on the side and rear of the building.

(c)

Outdoor tables, benches, and bicycle racks shall be of a size and be consistent with the principal use(s) of the site.

(d)

Trash receptacles must be of a size that provides proper usage.

(e)

Sidewalks shall be provided from the street line, when applicable and practical, and from the parking areas to building(s).

Waiver. The review authority may waive any of the standards within this section, provided that such waiver will not substantially derogate from the village-style design standard established herein.

Commonly held lots. Any lot that is commonly held in ownership with an adjacent lot in this district may be treated as a single lot in accordance with this section, provided that the total area of such lots is at least 20,000 square feet in area combined, the lots have a combined contiguous frontage of at least 50 feet, and both are vacant of structures, parking facilities, or accessory uses.

Conflict with other laws. All development activities within the Summer Street Revitalization Overlay District shall comply with applicable laws, regulations, and standards of the Town, except that in the event of a conflict between this bylaw and any such laws and regulations, the provisions of this bylaw shall control, provided that they are consistent with state and federal law.

Severability. If any section or provision of this bylaw is found by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of any other section or provision of this bylaw.

§ 250-4.13 Solar energy systems.

[Amended 5-5-2018 ATM by Art. 33; 11-14-2023 STM by Art. 16; 5-4-2024 ATM by Art. 24]

Purpose. The purpose of this section is to provide siting for solar photovoltaic energy systems for power generation for all home, commercial or industrial installations. Small-scale ground-mounted photovoltaic installations, roof-mounted solar energy installations and large-scale ground-mounted photovoltaic installations within the Solar Overlay District may be constructed without need for discretionary approval as set forth herein. Large-scale ground-mounted photovoltaic installations outside of the Solar Overlay District may be constructed by special permit, provided certain criteria as set forth herein are met. The provisions in this section of the Zoning Bylaw shall apply to the construction, operation, repair, and/or removal of all solar electric systems, and to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.

Definitions. As used in this section, the following terms shall have the meanings indicated:

BUFFER STRIP

A strip of land between the solar photovoltaic arrays, and any structures accessory thereto, and the boundary of the parcel, reserved for plant material, berms, walls or fencing to serve as a visual barrier.

LARGE-SCALE GROUND-MOUNTED PHOTOVOLTAIC INSTALLATION

A solar photovoltaic system that is structurally mounted on the ground and has a nameplate capacity of 10 kW or greater, specifically excluding a Solar Parking Canopy as defined in Section 250-4.5A(6) and 250-4.6A(4).

PLANT MATERIAL

Trees or shrubs of a type and height that sufficiently screen the arrays without blocking necessary sun that would hinder the product performance, including ground cover that would screen the lower portion of the arrays.

RATED NAMEPLATE CAPACITY

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

ROOF-MOUNTED SOLAR ENERGY INSTALLATION

Solar photovoltaic arrays placed on the roof of residences, or commercial, industrial or institutional buildings and Town-owned municipal buildings.

SMALL-SCALE GROUND-MOUNTED PHOTOVOLTAIC INSTALLATION

A solar photovoltaic system that is structurally mounted on the ground and has a nameplate capacity under 10 kW.

SOLAR PHOTOVOLTAIC ARRAY

An arrangement of solar photovoltaic panels.

Small-scale ground-mounted solar photovoltaic installations and roof-mounted solar energy installations.

(1)

Purpose. The purpose of this section is to promote the creation of renewable energy for individual residences, commercial enterprises and municipal buildings, as-of-right.

(2)

Roof-mounted solar energy installations. Roof-mounted solar energy installations shall be located so as not to increase the total height of the structure more than one foot above the applicable zoning regulations related to height in the district in which it is located, or such other height as is determined by the Building Commissioner to be essential for proper operation, but in no case no more than four feet.

(3)

Small-scale ground-mounted solar energy installations.

(a)

Small-scale ground-mounted photovoltaic installations are not permitted in the zoning dimensional setbacks as listed in § 250-5.2 of the Zoning Bylaw and may not be located closer than 25 feet to residential side yard lines.

(b)

Dimensional setbacks for small-scale ground-mounted photovoltaic installation shall have a front lot setback no closer than the existing foundation of the primary dwelling to the front property line, except when the existing foundation of the primary dwelling is more than 125 feet from the front property line or otherwise if determined appropriate by the Building Commissioner.

(c)

Small-scale ground-mounted photovoltaic installations shall be adequately screened from the neighboring lot line as determined by the Building Commissioner.

(d)

A small-scale ground-mounted photovoltaic installation with 20 feet or greater in height, at its maximum extension, shall require a special permit in accordance with Subsection D(3).

(4)

Required documents. The following documents shall be required:

(a)

Sun and shadow diagrams specific to the proposed installation to determine the solar access.

(b)

Detailed information, including maps, plans or dimensional sketches showing proposed location of the solar installation, including any setbacks from property lines or distances from structures which are used for habitation on adjacent properties, and a landscape diagram showing proposed screening.

(c)

Site drawings showing the building and structure footprints, property lines, location and the dimensions of solar arrays, ridgeline of roof and description of the installation.

(d)

Elevation drawings showing heights of buildings and solar arrays.

(5)

Permitting. Small-scale ground-mounted solar photovoltaic installations and roof-mounted solar energy installations require only a building permit, except that a small-scale ground-mounted solar photovoltaic installation 20 feet in height or greater, at its maximum extension, shall require a special permit in accordance with Subsection D(3). All data listed above shall be submitted to the Building Commissioner. All other necessary permits shall be obtained before a building permit is issued.

(6)

As built plans. As-built plans shall be submitted prior to final inspection to the Building Commissioner and copied to the Planning Board.

Large-scale ground-mounted solar photovoltaic installations.

(1)

Purpose.

(a)

The purpose of this subsection is to facilitate the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on environmental, scenic, natural and historic resources, and to provide adequate financial assurance for the eventual decommissioning of such installations.

(b)

Subject to the requirements below, large-scale ground-mounted solar photovoltaic installations are permitted as-of-right in the Solar Overlay District and by special permit in any other district. The special permit granting authority for these purposes shall be the Planning Board.

(2)

Solar Overlay District. Large-scale ground-mounted solar photovoltaic installations are allowed by right in the following designated overlay district:

(a)

27 Youngs Road, 42 acres, Map 115, Parcel 016 (Commercial District).

(b)

671 Lancaster Avenue, 132 acres, Map 110, Parcel 003 (Residence B District).

(c)

500 Leominster Shirley Road, 17.4 acres, Map 144, Parcel 001 (Office Park and Industrial District).

(3)

Siting by special permit. Except where permitted as-of-right in the Solar Overlay District, large-scale ground-mounted solar photovoltaic installations may be located on any lot containing more than 20 acres in any district by special permit issued by the Planning Board; provided, however, that the requirements of this § 250-4.15 and the following criteria are met:

(a)

Standards. In granting the special permit, the Planning Board shall find that the permit may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of this bylaw, and shall find that:

[1]

The specific site is an appropriate location for such an installation;

[2]

The proposed installation will not adversely affect the existing neighborhood by the following:

[a]

Historical significance.

[b]

Scenic vistas.

[c]

Natural and rural character.

[d]

Public safety.

[3]

The granting of the special permit will not reasonably diminish the available light, air, sunlight and other amenities; and

[4]

There will be no nuisance or serious hazard to vehicles or pedestrians.

(b)

Conditions. The Planning Board may impose any conditions deemed necessary to achieve the purpose of this bylaw, such as, but not limited to, the following:

[1]

Greater than minimum setback requirements;

[2]

Modification of exterior appearance;

[3]

Limitation of size or extent of facilities;

[4]

Regulation of traffic and site plan features;

[5]

Screening of premises from view by use of appropriate walls, fencing or buffer strips;

[6]

Control of the number, location, size and lighting of signs;

[7]

Additional design and siting modifications where appropriate.

(4)

Development plan review.

(a)

All large-scale ground-mounted solar photovoltaic installations shall require development plan review, under § 250-8.4 of the Zoning Bylaws, by the Lunenburg Planning Board. A public information meeting shall be held by said Board. The Building Commissioner shall not issue a building permit unless, and until, the Planning Board submits an approved development plan review document, and special permit documentation, where applicable, to the Building Commissioner.

(b)

A building permit will be issued by the Building Commissioner that shows evidence that the project is consistent with state and federal building codes, the findings and directives of the development plan review, and/or special permit, and local bylaws and regulations, including those set forth by the Conservation Commission. As-built plans shall be submitted prior to final inspection to the Building Commissioner, with copies to the Planning Board.

(5)

Utility notification. Evidence shall be provided at the time of the application for the development plan review that the utility company that operates the electrical grid where the installation is to be located has been informed of the applicant's intent to construct a solar photovoltaic installation and that approval to connect to the grid has been granted or appropriate application(s) has or will be made to such utilities for interconnection. Off-grid systems shall be exempt from this requirement. Reasonable efforts should be made to place all utility connections underground, depending on appropriate soil conditions, shape and topography of the site.

(6)

Fees. An application for a development plan review shall be accompanied by the required fee and a tri-party account (in-house escrow account with the Planning Board, developer and Town Treasurer) for engineering review, monitoring, and inspections fees. An application for a building permit shall be accompanied by the fee required for a building permit. All other fees that shall be required by permitting parties (Conservation Commission, etc.) shall be administered according to their regulations.

(7)

Setbacks and buffer strips.

(a)

Buffer strips in all districts. All ground-mounted installations shall be surrounded by a buffer strip which shall be 200 feet in depth in a Residential, Conservation or Recreation District and shall be 50 feet in a Commercial or Industrial District unless it abuts a Residential, Conservation or Recreation District, in which case the buffer strip shall be 200 feet in depth along such abutting lot lines, unless the applicant can demonstrate, and the Planning Board finds, that adequate buffering can be provided in a narrower buffer strip.

(b)

Setbacks in all districts.

[1]

Front yard. The front yard shall be at least 50 feet; provided, however, that when the lot is in a Residential, Outlying or Recreation District or abuts a Residential, Conservation, or a Recreation District, the front lot setback shall not be less than 200 feet.

[2]

Side yard. Each side yard setback shall be at least 50 feet; provided, however, that when the lot is in a Residential, Outlying or Recreation District or abuts a Residential, Conservation, or a Recreation District, the side yard setback shall not be less than 200 feet.

[3]

Rear yard. The rear yard shall be at least 50 feet; provided, however, that when the lot is in a Residential, Outlying or Recreation District or abuts a Residential, Conservation, or a Recreation District, the rear yard setback shall not be less than 200 feet.

(8)

Required documents. In addition to documents required for development plan review, the following will be required for large-scale ground-mounted solar photovoltaic installations. The Planning Board may waive one or more of these requirements in its sole discretion under appropriate circumstances for large-scale ground-mounted solar photovoltaic installations between 10 kW and 249 kW.

(a)

All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.

(b)

Property lines and physical features, including roads for property sites.

(c)

Proposed changes to landscape of site, including grading, vegetation, clearing, planting, screening vegetation or structures.

(d)

Locations of wetlands and priority habitat areas defined by the Natural Heritage and Endangered Species Program.

(e)

Locations of floodplains or inundation areas for moderate- or high-hazard dams.

(f)

A list of any hazardous materials proposed to be located on the site in excess of household quantities and a plan to prevent their release to the environment as appropriate. [See Subsection D(9)(i)].

(g)

Drawings of the installation showing the proposed layout of the system and any potential shading from nearby structures.

(h)

One- or three-phase line electrical diagrams detailing the installation, associated components and electrical interconnection methods with all National Electrical Code compliant disconnects and overcurrent devices.

(i)

Documentation of the major system components to be used, including the electric-generating PV panels, mounting system, inverter, etc.

(j)

Name of property owner, address, telephone number, e-mail.

(k)

Name of lessor or lessee, address, telephone number, e-mail.

(l)

Name of contact person, address, telephone number, e-mail.

(m)

Name of designing engineer, address, telephone number, e-mail.

(n)

Names of contractors, address, telephone number, e-mail.

(o)

Name of installer, address, telephone number, e-mail.

(p)

Zoning district designation for parcel of land, map and parcel.

(q)

Documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation and maintenance of the proposed solar photovoltaic installation.

(r)

Provision of water, including that needed for fire protection.

(s)

Proof of liability insurance.

(t)

Description of the financial surety required by Subsection D(12) below.

(u)

Sight line representations depicting in profile the view of the proposed installation, and any appurtenant structures, from the location upon any public road within 300 feet that would have the most unobstructed view of the installations, and from the closest wall of each residential building within 300 feet of the highest point of the installation.

(v)

A screening plan, in compliance with Subsection D(9)(f).

(9)

Design standards.

(a)

Lighting and security. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as any appurtenant structures, shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Where feasible, any required lighting shall be directed downward and shall incorporate full-cut-off fixtures to reduce light pollution. Surveillance and security cameras shall be shielded from viewing abutting private property or invading the privacy of any abutting residential property owner.

(b)

Signage. Signage size shall comply with the Zoning Bylaw and shall not be used for displaying any advertising except to identify the owner and/or operator of the solar installation and a twenty-four-hour emergency contact telephone number.

(c)

Land clearing. Clearing of natural vegetation shall be limited to what is necessary for construction, operation and maintenance of the installation Any land disturbance, including earth removal of land cleared greater than one acre shall be subject to stormwater management criteria and/or as otherwise prescribed by applicable laws, regulations and bylaws.

(d)

Safety, emergency service and environmental standards. The applicant shall provide a copy of the project summary, electrical schematic, and site plan. The applicant shall develop an emergency response plan, including showing all means of shutting down the solar installation. The applicant shall submit the name of the person answerable to inquires throughout the life of the installation. If the designated person changes, the name of the new designated person shall be submitted as an addendum.

(e)

Monitoring and maintenance.

[1]

The applicant shall submit a plan for the operation and maintenance of the installation which shall include measures for maintaining the site, including safe access, stormwater control, structural repairs and the integrity of security measures. These measures must be acceptable to the Fire Chief and emergency medical services personnel. If needed, training of service personnel will be provided by the applicant. The owner/operator shall be responsible for the cost of maintaining the installation.

[2]

The applicant shall also submit a monitoring/inspection form under the development plan review during construction, and shall further submit a report on the condition of the structure and site by January 15 of each year.

(f)

Visual impact. Any large-scale ground-mounted solar photovoltaic installation shall be designed to minimize visual impacts, including preserving natural vegetation to the maximum extent possible, blending in equipment with the surroundings, and adding vegetative buffers to screen abutting residential properties, whether developed or not. Siting shall be such that the view of the solar electric-generating installation from other areas of Town shall be as minimal as possible. Buffer strips shall surround the proposed project. A screening plan, that assures the facility is shielded to greatest extent possible from public view, shall be required to be reviewed under the development plan review.

(g)

Height. The height of any structure associated with a large-scale ground-mounted solar photovoltaic installation shall not exceed 35 feet.

(h)

Roads. All access roads and interior roads shall be constructed to minimize grading, removal of stone wall or trees and to minimize impacts to environmental or historic resources.

(i)

Hazardous materials. Hazardous materials stored, used, or generated on site shall not exceed the amount for a very small quantity generator of hazardous waste as defined by the Department of Environmental Protection ("DEP") pursuant to 310 CMR 30.000 and shall meet all requirements of the DEP, including storage of hazardous materials in a building with an impervious floor that is not adjacent to any floor drains to prevent discharge to the outdoor environment. If hazardous materials are utilized within the solar electric equipment, then impervious containment areas capable of controlling any release to the environment and to prevent potential contamination of groundwater are required.

(j)

Noise. Noise generated by a large-scale ground-mounted solar photovoltaic installation, and by any associated equipment and machinery, shall conform to applicable state and local noise regulations, including the Department of Environmental Protection's Division of Air Quality noise regulations, 310 CMR 7.10. The site shall not produce any other vibration, harmonics, or interference which would be perceived or impact the normal function of electronics off site.

(10)

Modifications. All modification requests to a solar photovoltaic installation, including changes in arrays, addition to number of arrays or change in placement, made after issuance of the required building permit shall require review through development plan review for compliance with this bylaw.

(11)

Abandonment and removal. Absent notice of the proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. The owner or operator shall physically remove the installation no more than 150 days after the date of abandonment or the proposed date of decommissioning operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. The notification shall consist of the methodology of physical removal of all structures, equipment, security barriers and transmission lines, disposal of all solid and hazardous waste and stabilization or revegetation of the site. Landscaping, etc. may be left upon approval of the Planning Board. If the owner or operator fails to remove the installation in accordance with the above criteria, the Town may, after the receipt of an appropriate court order or consent of the property owner, enter the property and physically remove the installation at the owner's expense. As a condition of development plan review, a property owner shall agree to allow the Town entry to remove an abandoned or decommissioned installation. The cost for the removal will be charged to the property owner in accordance with the provisions of MGL c. 139, § 3A as a tax lien on the property.

(12)

Financial surety. Proponents of large-scale solar photovoltaic projects shall provide a form of surety, either through an escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the development plan review authority, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for municipally or state-owned facilities. The project owner/operator shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal cost due to inflation.

Inclusionary uses and conflicts.

(1)

Small accessory or ornamental solar products which do not generate electricity for use in a dwelling or structure are exempt from the provisions in this bylaw.

(2)

In the event that any part of this section conflicts with other requirements of the Zoning Bylaw, the requirements of this section shall apply.

Battery energy storage systems.

(1)

Purpose. The purpose of this subsection is to reasonably regulate the development and operation of Battery Energy Storage Systems (BESS) by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such systems that address public safety, minimize impacts on scenic, natural, and historic resources and to provide adequate financial assurance for the decommissioning of such systems in a manner which fulfills the following objectives:

(a)

To designate properties suitable for the location, construction and operation of BESS;

(b)

To ensure compatible land uses in the vicinity of the areas affected by BESS;

(c)

To mitigate the impacts of BESS on environmental resources, other protected resources, and private property; and

(d)

To create synergy between BESS development and the Commonwealth of Massachusetts Act to Advance Clean Energy that established the Clean Peak Standard Energy Storage System.

(2)

Applicability. Provisions of this subsection § 250-4.13F shall apply as follows:

(a)

To all Battery Energy Storage Systems as defined herein, which are permitted, installed, or modified in the Town of Lunenburg excluding general maintenance and repair.

(b)

To modifications, retrofits or replacements of an existing BESS that increase the total battery energy storage.

(c)

Except as an accessory to an approved solar generating facility, BESS facilities shall not be constructed or installed prior to the effective date of this by-law.

(3)

Definitions: The definitions below are specific to the requirements of this subsection § 250-4.13F and are intended to supplement the standard definitions of the Zoning Bylaws, Article II (§ 250-2.1).

(a)

Battery Energy Storage Management System: A system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.

(b)

Battery Energy Storage System: One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time to the local power loads, to the utility grid, or for grid support. For the purposes of this definition, a BESS shall not be considered a Public Utility and Facility.

(c)

Battery Energy Storage System, Accessory: A Battery Energy Storage System installed and operated to support an on-site Solar Generating Facility. This would include a Solar Parking Canopy as defined in § 250-4.5A and § 250-4.6A.

(d)

Battery Energy Storage System, Standalone: A system that is capable of absorbing energy from the electric grid, storing it for a period of time and thereafter distributing electricity.

(e)

Battery Energy Storage System, Small scale: A system which serves

[1]

A residential, commercial, industrial, or institutional development or

[2]

A parking facility which is not a solar generating facility but has one or more Electric Vehicle Charging stations and the BESS is primarily associated with the Electric Vehicle Charing station functions.

(f)

Battery Energy Storage System, Medium scale: A pad site or sites no more than 10,000 square feet on a single parcel of land.

(g)

Battery Energy Storage System, Large scale: Pad site(s) larger than 10,000 square feet on a single parcel of land.

(h)

Pad compound: The enclosure (including the fence) in which one or more pads are installed upon which standalone Battery Energy Storage Systems are installed.

(i)

Pad site: Locations within a pad compound on which Battery Energy Storage Systems equipment are positioned.

(j)

Site Safety Plan: A plan which demonstrates the safe development, operation, and access to/from the facility taking into consideration such factors as, but not limited to, means of access, roadway conditions, proximity to residential and other populated structures, hazardous materials, and monitoring protocols, etc.

(k)

Site Security Plan: A plan which details how the BESS will be secured from unauthorized entry and details the method of monitoring of entry.

(4)

Permitted locations.

(a)

Small BESS facilities may be located as part of the residential, commercial, industrial, or institutional development or parking facility it is serving provided it is included on the site plan or permit application approved by the Town of Lunenburg for such facility.

(b)

Accessory Battery Energy Storage Systems may be located as a part of any large-scale solar energy generating facility permitted and developed in accordance with § 250-4.13 of the Zoning Bylaw, provided the BESS is depicted on the plans for which the solar energy generating facility is permitted.

(c)

Medium- or Large-scale Standalone Battery Energy Storage Systems may be allowed by right within the Solar Overlay District provided they are to be located on parcels meeting the following minimum parcel sizes and spacing:

[1]

Medium-scale Standalone BESS installation: 6 acres and no less than 200 feet from residentially developed property.

[2]

Large-scale Standalone BESS installation: 20 acres and no less than 200 feet from residentially developed property.

(d)

Medium- or Large-scale Standalone Battery Energy Storage Systems may be permitted to be located within the Solar Overlay District by Site Plan Approval in accordance with § 250-8.4 of the Zoning Bylaw where the site does not conform to the size or spacing restrictions in § 250-4.13F(4)(c) above.

(e)

Medium- or Large-scale Standalone Battery Energy Storage Systems may be allowed following Zoning Districts only upon Site Plan Approval granted by the Planning Board:

[1]

Commercial District.

[2]

Office Park/Industrial District.

(f)

Special Permit Required. Outside of the Solar Overlay District, Commercial District, and Office Park/Industrial District, medium- and large-scale Standalone Battery Storage Systems may be located on any lot containing more than 20 acres by special permit issued by the Planning Board.

(5)

Project Approval Criteria — Medium- and Large-Scale Standalone BESS projects.

(a)

Standards - Site Plan Approval. In granting the Site Plan Approval, the Planning Board shall find that the permit may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of this bylaw, and shall find that:

[1]

The project conforms to the standards for Site Plan Approval set forth in § 250-8.4E.

[2]

The granting of Site Plan Approval will not reasonably diminish the available light, air, sunlight, and other amenities.

[3]

There will be no nuisance or serious hazard to vehicles or pedestrians.

[4]

Environmental features of the site are protected, and surface runoff will not cause damage to surrounding properties or increase soil erosion and sedimentation of nearby streams and ponds.

(b)

Standards - Special Permit. In granting the Special Permit, the Planning Board shall find that the permit may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of this bylaw, and shall find that:

[1]

The project conforms to the standards for Site Plan Approval set forth in § 250-8.4E.

[2]

The specific site is an appropriate location for such an installation.

[3]

The proposed installation will not adversely affect the existing neighborhood by the following:

[a]

Historical significance,

[b]

Scenic vistas,

[c]

Natural and rural character, or

[d]

Public safety.

[4]

The granting of the Special Permit will not reasonably diminish the available light, air, sunlight, and other amenities.

[5]

There will be no nuisance or serious hazard to vehicles or pedestrians.

[6]

Environmental features of the site are protected, and surface runoff will not cause damage to surrounding properties or increase soil erosion and sedimentation of nearby streams and ponds.

(c)

The Planning Board may also impose conditions as it finds reasonably appropriate to safeguard the town or neighborhood including, but not limited to, screening, lighting, noise, fences, modification of the exterior appearance of electrical cabinets, battery storage systems, or other structures, limitation upon system size, and means of vehicular access or traffic features.

(6)

General Requirements - All BESS facilities.

(a)

Building and Electrical Permits. Unless the Building Commissioner determines otherwise, a building permit and electrical permit are required prior to installation of the BESS facility.

(b)

Dimensional requirements. For purposes of dimensional requirements, facilities containing BESS equipment shall be treated as a building and subject to the more stringent requirements of the Zoning District in which it is located or this § 250-4.13F.

(7)

General Requirements - Accessory, Medium- and Large-Scale BESS facilities.

(a)

Containment. In the event an Accessory, Medium- and Large-Scale BESS facility failure may result in dispersal of chemicals, liquids, etc. which could be hazardous to the environment - particularly the ground water supply, BESS equipment storage/operations facilities shall be constructed with a means of properly containing such unplanned dispersals. Any such containment shall be provided, sized, and constructed as deemed appropriate and necessary by the Lunenburg Fire Chief or their designee.

[1]

If the Fire Chief or their designee determines that the facility does not require a containment structure, they shall state such in their Letter of Review of the Site Safety Plan which is to be included the proponent's application to the Planning Board [§ 250-4.13F(13)].

(b)

Security. A site security plan detailing all security measures and providing for an active security system monitored 24 hours per day shall be developed for each proposed Accessory, Medium- and Large-Scale BESS. Pursuant to § 250-4.13F(15), this plan shall be submitted to and approved by the Lunenburg Police Chief prior to submission of an application for project approval to the Planning Board. A copy of the Police Chief's letter of approval must be included in the proponent's application.

(c)

Inspection. All medium and large-scale BESS facilities shall be open to inspection by the Fire Department, Police Department, and Building Commissioner during regular business hours with 24 hours' notice of request for such inspection to be made by the Town department or official. A property contact shall be available to such Town department or official 24 hours a day, seven days a week.

(d)

Maintenance and operations.

[1]

The owner/operator shall be responsible for maintenance of the facility including but not limited to the site, access, stormwater management system, structures, and security system. The owner/operator shall be solely responsible for the cost of maintaining the installation.

[2]

The applicant shall submit, as part of an application for Site Plan Approval and Special Permit for an Accessory, Medium- and Large-Scale BESS, a maintenance and operations plan.

(e)

Hazardous Materials.

[1]

Hazardous materials that are stored, used or generated on site shall not exceed the amount for a "Very Small Quantity Generator of Hazardous Waste" as defined by the Department of Environmental Protection (DEP) pursuant to 310 CMR 30.000 and shall meet all requirements of the DEP and Massachusetts Contingency Plan, including storage of hazardous materials in a building with an impervious floor that is not adjacent to any floor drains to prevent discharge to the outdoor environment.

[a]

If hazardous materials are utilized within the energy storage equipment, then impervious containment areas capable of controlling any release to the environment and to prevent potential contamination of groundwater are required.

(f)

Safety Standards.

[1]

At a minimum, all Accessory, Medium- and Large-Scale BESS installations including equipment shall comply with the following:

NFPA-855

UL9540

UL9540A

UL1973

527 CMR 1 (Massachusetts Fire Code)

(8)

Design Standards - Accessory, Medium- and Large-Scale BESS.

(a)

The design standards specified below shall be applicable to all Accessory, Medium-scale, and Large-scale BESS projects.

[1]

Lighting and security. Lighting of applicable BESS facilities shall be sufficient for security and safe operational purposes and consistent with local, state and federal law. Lighting shall be reasonably shielded from abutting properties. Where feasible, any required lighting shall be directed downward and shall incorporate full-cut-off fixtures to reduce light pollution. Surveillance and security cameras shall be shielded from viewing abutting private property or invading the privacy of any abutting residential property owner.

[2]

Signage. Signage shall be consistent with local, state, and federal law. Signs shall be located and sized compliant with § 250-6.5 of the Zoning Bylaw and shall not be used for displaying any advertising except to identify the owner and/or operator of the solar installation and a twenty-four-hour emergency contact telephone number.

[3]

Vegetation and Land clearing. Clearing of natural vegetation shall be limited to what is necessary for construction, operation, and maintenance of the installation. Any land disturbance, including earth removal of land cleared greater than one acre is subject to § 204-1 of the Code of Lunenburg regarding stormwater management and as otherwise prescribed by applicable laws, regulations, and bylaws. In approving an applicable BESS project, the Planning Board may require clearing of combustible materials within proximity to the proposed BESS equipment facilities if advised that such clearance is warranted by the Lunenburg Fire Department.

[4]

Safety, emergency service and environmental standards. Design of the layout of the BESS facility shall be consistent with the

[a]

Site Safety Plan approved by the Lunenburg Fire Chief.

[b]

Emergency Response Plan approved by the Lunenburg Fire Chief and Police Chief

[c]

Site Security Plan approved by the Lunenburg Police Chief.

[5]

Visual impact. Any applicable BESS installation shall be designed to minimize visual impacts, particularly as viewed from public roadways, and adjoining or nearby residential properties. Examples of methods of minimizing such impacts include preserving natural vegetation to the maximum extent possible, using architectural features, blending in equipment with the surroundings, incorporating earth berms, and adding vegetative buffers to screen abutting residential properties, whether developed or not. Siting of installations shall be such that the view of the installation from other areas of Town shall be as minimal as possible. Buffer strips shall surround the proposed project.

[a]

A screening plan, which assures the facility is shielded to greatest extent possible from public view, should be included in the submission for Site Plan Approval or Special Permit whichever is required.

[b]

The Planning Board may require development of a screening plan with specified features prior to acting upon an application for Site Plan Approval or Special Permit.

[6]

Buffer strips in all districts. All applicable accessory, medium-scale, and large-scale BESS installations shall be surrounded by a buffer strip.

[a]

If it abuts a residential use or a Residential or Recreation District, the buffer strip shall be at least 200 feet deep.

[b]

If it does not abut a residential use or a Residential or Recreation District, the buffer strip shall only be required to 50 feet deep.

[c]

The buffer strip shall be measured along the entirety of the common property lines.

[d]

However, if the applicant can demonstrate to the Planning Board's satisfaction that adequate buffering can be provided in a narrower buffer strip, the Planning Board may waive the aforementioned depths and approve a narrower buffer strip,

[7]

Height. The height of any structure (includes elements containing equipment) associated with an installation shall not exceed 20 feet.

[8]

Roads/Access.

[a]

Sufficient access for operation, maintenance, and emergency response must be provided and maintained to each of the equipment structures included with each installation.

[b]

All access roads and interior roads shall be constructed to minimize grading, removal of stone walls or trees and to minimize impacts to environmental or historic resources.

[c]

Spacing between equipment containers or structures shall be in accordance with applicable Fire Codes and addressed as part of the Site Safety Plan review by the Lunenburg Fire Chief and during the Site Plan Approval process.

[9]

Hazardous materials. Storage of hazardous materials, if any, must be consistent with § 250-4.13F(7)(e) herein.

[10]

Noise. Noise generated by an Accessory, Medium-scale, or large-scale BESS installation, and by any associated equipment and machinery, shall conform to applicable state and local noise regulations, including the Department of Environmental Protection's Division of Air Quality noise regulations, 310 CMR 7.10.

[a]

The site shall not produce any other vibration, harmonics, or interference which would be perceived or impact the normal function of electronics off site.

[b]

As general rule, noise levels measured greater than 60 dBA as measured at any property line upon which residential buildings are located shall be deemed to be excessive and the operator/owner of the installation shall take efforts to reduce noise to levels not greater than 60dBA.

[11]

Utility Lines. Reasonable efforts should be made to place all utility connections underground, depending on appropriate soil conditions, shape and topography of the site.

[12]

Fencing requirements. All mechanical equipment shall be within an enclosed structure which shall be shielded by a 7-foot-high fence.

(b)

Waiver. The Planning Board may waive one or more of these requirements in its sole discretion under appropriate circumstances based on input from the Lunenburg Fire Department, Police Department, Building Commissioner, Conservation Commission, and a determination by the Planning Board that granting of the waiver will be consistent with the purpose of the Zoning Bylaw.

(9)

Required application documents.

(a)

In addition to the documents required for Site Plan Approval under the Planning Board's rules and regulations, the following will be required for applications for Site Plan Approval/Special Permit for a medium-scale or large-scale BESS installation:

[1]

Requirements set forth for project in § 250-4.13D(8) of the Zoning Bylaw.

[2]

A copy of the letters from the Fire Chief and Police Chief regarding review and approval of the Site Safety Plan, Site Security Plan, and Emergency Response Plan.

[3]

Documentation that the proposed installation will conform to the Requirements and Design Standards of this § 250-4.13F.

(b)

Waiver. The Planning Board may waive one or more of these requirements in its sole discretion under appropriate circumstances.

(10)

Modifications. All modification requests for an accessory, medium-scale, or large-scale BESS installation, made after issuance of the required building permit shall require review through Site Plan Review in accordance with § 250-8.4 of this Zoning Bylaw.

(11)

Ownership/Operator Changes.

(a)

Prior to a change in ownership/operator of the Accessory, Medium-Scale, and Large-Scale BESS facility taking effect, the existing owner/operator shall notify the Zoning Enforcement Officer in writing of such pending change in Owner and/or Operator.

(b)

The existing owner/operator and the proposed owner/operator shall submit the notification of the pending changes and the proposed owner/operator shall certify that they are aware of and agree to adhere to the conditions of the Site Plan Approval and/or Special Permit and agree to adhere to said conditions and provide a new surety in accordance with the Board's approval.

(c)

Failure of the owner/operator to make the required notification shall mean that the Site Plan Approval and/or Special Permit will be void. Reinstatement of said Site Plan Approval/Special Permit shall follow the same process as a new Site Plan Approval/Special Permit application.

(12)

Abandonment, removal, and site restoration - Accessory, Medium-Scale, and Large-Scale BESS.

(a)

Absent notice of the proposed date of decommissioning or written notice of extenuating circumstances, the Battery Energy Storage System shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board.

(b)

The owner or operator shall physically remove the installation and stabilize/restore the site to the condition specified in the "restoration plan" approved by the Planning Board when the Planning Board approved the subject facility. This restoration plan shall be implemented no more than 150 days after the date of abandonment or the proposed date of decommissioning operations, unless the Planning Board grants a waiver of this time requirement.

(c)

The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal and restoration. The notification shall consist of the methodology of physical removal of all structures, equipment, security barriers and transmission lines (located on the project site as part of the project operations), disposal of all solid and hazardous waste and stabilization or revegetation of the site.

[1]

The Planning Board shall either approve or reject the plan at their next meeting.

[2]

If the Planning Board rejects the plan, they shall do so only upon a finding that the plan fails to reasonably remove the facility and restore the site to a condition usable for purposes allowed within the zoning district in which the site is situated and shall state clear reasons for such rejection.

(d)

Landscaping, etc. may be left upon approval of the Planning Board.

(e)

If the owner or operator fails to remove the installation in accordance with the above criteria, the Town may, after the receipt of an appropriate court order or consent of the property owner, enter the property and physically remove the installation at the owner's expense.

(f)

As a condition of a project permit, the project operator and property owner shall agree to allow the Town entry to remove an abandoned or decommissioned installation in the event it is not removed pursuant to notice given by the Town.

(g)

The cost for the removal will be charged to the property owner in accordance with the provisions of MGL c. 139, § 3A as a tax lien on the property.

(13)

Financial surety.

(a)

Proponents of medium and large-scale BESS projects shall provide a form of surety in a form acceptable to the Town (generally, either through an escrow account, bond or similar method), to cover the cost of removal and site restoration in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein.

[1]

The project proponent shall submit a fully inclusive estimate of the costs associated with removal and site restoration, prepared by a qualified engineer.

[2]

The Town's consulting engineer on the project review shall review and confirm or modify the estimated costs and submit a recommendation to the Planning Board.

[3]

The surety shall include a mechanism for calculating increased removal/restoration cost due to inflation.

[4]

Site restoration shall be for the purpose of restoring the site to a condition which allows reuse of the site for a purpose permitted by right within the zoning district in which the site is located.

(14)

Site Safety Plan. A site safety plan for an accessory, medium-, or large-scale BESS facility shall be developed and submitted to the Fire Chief for approval prior to submission of an application for Planning Board consideration. As part of the application to the Planning Board, the applicant shall provide a letter from the Fire Chief or his authorized representative approving the Site Safety Plan. Any changes/revisions to the Site Safety Plan shall be approved by the Fire Chief prior to implementation.

(a)

As part of the site safety plan submission to the Lunenburg Fire Department, the proponent shall provide:

[1]

The proposed equipment's UL 9540A certification documentation.

[2]

Sufficient information to demonstrate compliance with NFPA 855 and UL 9540.

(15)

Emergency Response Plan.

(a)

Prior to submission of an application for an accessory, medium-, or large-scale BESS facility, all proponents for installation of a BESS facility shall

[1]

Meet with the Lunenburg Fire Department and the Lunenburg Police Department to discuss and identify emergency plans/contingency plans for the site;

[2]

Submit an Emergency Response Plan to the Lunenburg Fire Chief and Lunenburg Police Chief for approval.

(b)

As part of the application to the Planning Board, the applicant shall provide a letter from the Fire Chief and Police Chief or their authorized representatives approving the Emergency Response Plan.

(c)

Any changes/revisions to the Emergency Response Plan shall be approved by the Fire Chief and Police Chief prior to implementation.

(16)

Site Security Plan. A Site Security Plan for an accessory, medium-, or large-scale BESS facility shall be developed and submitted to the Lunenburg Police Department through the Police Chief (or their authorized representative) for approval prior to submission of an application for Planning Board consideration.

(a)

The plan shall be in conformance with the requirements of the Lunenburg Police Department, to demonstrate that there is no undue burden on Town public safety officials as a result of the proposed business.

(b)

The security plan shall include the details of all security measures for the site to ensure the safety of employees and the public and to protect the premises property from theft or other criminal activity.

(c)

As part of the application to the Planning Board, the applicant shall provide a letter from the Police Chief or his authorized representative approving the Site Security Plan. Any changes/revisions to the Site Security Plan shall be approved by the Police Chief prior to implementation.

(17)

Training.

(a)

All developers/operators of Accessory, Medium, and Large-scale BESS facilities shall provide, at their expense, the Town of Lunenburg emergency response agencies with one training session regarding the Emergency Response Plan and appropriate procedures associated with the facility at a date and time to agreed to by the Lunenburg Fire Chief in consultation with other appropriate emergency responding agencies.

(b)

If the Accessory, Medium, or Large-scale BESS facility is altered due to new technology which results in changes to the Emergency Response Plan and appropriate procedures, the operator of the facility shall conduct a new training session regarding the Emergency Response Plan and appropriate procedures associated with the facility, if requested by the Lunenburg Fire Chief, at a date and time agreed to by the Lunenburg Fire Chief in consultation with other appropriate emergency responding agencies.

(18)

Waiver. The Planning Board may waive one or more of the dimensional requirements specified under § 250-4.13F(4)(c), § 250-4.13F(6)(b), and § 250-4.13F(8) in its sole discretion under appropriate circumstances based on input from the Lunenburg Fire Department, Police Department, Building Commissioner, Conservation Commission, and a determination by the Planning Board that granting of the waiver will be consistent with the purpose of the Zoning Bylaw.

§ 250-4.14 Registered marijuana dispensaries.

[Amended 5-5-2018 ATM by Art. 33]

Purpose: to provide for the placement of registered marijuana dispensaries (RMDs), in accordance with the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. 1-1 - Chapter 369 of the Acts of 2012, in locations suitable for lawful medical marijuana facilities and to minimize adverse impact of RMDs on adjacent properties, residential neighborhoods, historic districts, schools, playgrounds and other locations where minors congregate by regulating the siting, design, placement, security and removal of RMDs.

Applicability.

(1)

All RMDs shall comply with the regulations promulgated by the Massachusetts Department of Public Health (DPH), 105 CMR 725.000, Implementation of an Act for the Humanitarian Medical Use of Marijuana, effective May 24, 2013, and any subsequent amendments thereto.

(2)

The Town reserves the right to require compliance with provisions in the DPH regulations for which the state granted waivers and/or exemptions to the RMD applicant based on the provisions of § 250-8.3C (as to special permits) and § 250-8.4 (as to development plan review).

Definition. As used in this section, the following terms shall have the meanings indicated:

REGISTERED MARIJUANA DISPENSARY

Also known as a "medical marijuana treatment center," means a not-for-profit entity registered under 105 CMR 725.000 that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana-infused products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, "RMD" refers to the site(s) of dispensing, cultivation, and preparation of marijuana.

Location.

(1)

RMDs that include retail, processing and cultivation are allowed in Commercial Districts (C) by special permit.

(2)

Cultivation and/or agricultural processing: Allowed in all Residential Districts by Special Permit but only if the applicant is otherwise eligible for protection under § 250-4.1.c(2) and/or G.L. c. 40A, § 3.

(3)

RMD facilities that cultivate and process, but do not do retail of marijuana, are allowed in Office Park and Industrial Districts (OP/I) by special permit.

(4)

All cultivation must be conducted within a building which must be located at least five hundred (500) feet from any residential property line.

Procedure for submittal.

(1)

The Planning Board shall be the special permit granting authority (SPGA) for a RMD special permit per MGL c. 40A, § 9. Siting shall be by special permit and development plan review per § 250-8.4 of the Lunenburg Protective Bylaw.

(2)

Criteria. In granting any special permit, the Planning Board shall assure that the proposed use:

(a)

Will not be injurious or dangerous to the public health or unduly hazardous because of traffic congestion, danger or fire or explosion or other reasons.

(b)

Will not have a material adverse effect on the value of land and buildings in the neighborhood or on the amenities of the neighborhood.

(c)

Will be operated with reasonable regard for order and sightliness, if an open use.

(d)

Will not produce noise, vibration, smoke, dust, odor, heat or glare observable at the lot lines in amounts clearly detrimental to the normal use of adjacent property.

(3)

It is recommended that a concept plan showing the proposed use shall be submitted to the Planning Board for review and discussion prior to the filing for development plan review.

(4)

The provisions of § 250-8.3C (as to special permits) and § 250-8.4 (as to development plan review) shall apply.

(5)

Filing under §§ 250-8.3C and 250-8.4 may be simultaneous.

(6)

A special permit granted under this section shall have a term limited to the duration of the applicant's ownership of the premises as a RMD. A special permit may be transferred only with the approval of the special permit granting authority in the form of an amendment to the special permit with all information required in this section.

Conditional standards.

(1)

Distance. All proposed RMDs shall be sited accordingly as stated in Massachusetts Department of Public Health (DPH) 105 CMR 725.110(A)(14), which states a RMD shall not be sited within a radius of 500 feet of a school, day-care center, or any facility in which children commonly congregate. The five-hundred-foot distance under this section is measured in a straight line from the nearest point of the facility in question to the nearest point of the proposed RMD.

(2)

Setbacks and buffer strips. Cultivation facilities located outside of Retail Commercial (RC), Commercial (C), or Office Park and Industrial Districts (OP/I) shall be surrounded by a buffer strip which shall be five hundred (500) feet in depth unless the applicant can demonstrate, and the Planning Board finds, that adequate buffering can be provided in a narrower buffer strip. In all other districts, existing setbacks will apply.

(3)

Design standards. In addition to requirements contained elsewhere in this bylaw, § 250-4.6E, Design standards, shall be applicable to a RMD. The applicant shall meet all requirements of the Commercial District (C) or DPH guidelines, whichever is more restrictive.

(4)

Waivers. The Planning Board may waive any of the conditional standards within this section, provided that such waiver will not derogate from the intent established herein.

Security.

(1)

All security measures shall be approved by the Lunenburg Fire and Police Chiefs. An active security system shall be required for all RMD locations and approved by both the Lunenburg Fire and Police Chiefs and submitted to the Planning Board for final approval.

(2)

RMDs shall be open to inspection by the Fire Department, Police Department, Building Commissioner and the Board of Health with 24 hours' notice of request for such inspection to be made by the Town department or official. A property contact shall be available to such Town department or official 24 hours a day, seven days a week.

Documentation. The Planning Board shall be provided with all decisions or approvals, denials or other substantive actions by DPH regarding the RMD and all submittals of information relating to such activities between the applicant or RMD and DPH.

§ 250-4.15 Non-medical marijuana establishments.

[Added 5-4-2019 ATM by Art. 25[1]]

Purpose. The purpose of this Bylaw is to allow state-licensed non-medical Marijuana Establishments to exist in the Town of Lunenburg in accordance with applicable state laws and regulations and impose reasonable safeguards to govern the time, place and manner of Marijuana Establishment operations and any business dealing in marijuana, marijuana products and marijuana accessories in such a way as to ensure public health, safety, well-being, as well as limit undue impacts on the natural environment as it relates to cultivation, processing and manufacturing subject to the provisions of this Zoning Bylaw, M.G.L. c. 40A, and M.G.L. c. 94G.

Applicability. Where permitted by the Use Regulation Schedule, Section 250-4.1, the types of Marijuana Establishments specified therein may be allowed in designated zoning districts by special permit issued by the Planning Board pursuant to M.G.L. c. 40A, § 9, and Section 250-8.3 of this By-Law. All Marijuana Establishments authorized by special permit shall also require site plan review pursuant to Section 250-8.4; which review shall be undertaken concurrently with the special permit process. The provisions of this Section 250-4.15 shall not apply to Medical Marijuana Treatment Centers, which shall be subject to and governed exclusively by Section 250-4.14.

Special permit required. The Planning Board may grant a Special Permit for Marijuana Establishments, as defined in M.G.L. c. 94G, in accordance with the standards set forth in this section and the general criteria for granting a Special Permit contained in Section 250-8.3 of the Code of Lunenburg.

Definitions. This Bylaw shall incorporate all definitions promulgated by M.G.L. 94G as amended.

Requirements.

It shall be unlawful for any person to operate a Marijuana Establishment without obtaining a special permit to operate pursuant to the requirements of this Bylaw.

A separate special permit is required for each different Marijuana Establishment detailed in Section 250-4.1O. In the case that one or more different types of Marijuana Establishments are proposed, each establishment type shall require a special permit from the Planning Board.

The special permit requirements set forth in this Bylaw shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or local law.

The issuance of a special permit pursuant to this Bylaw does not create an exception, defense, or immunity to any person or entity in regard to any potential criminal liability the person or entity may have for the production, distribution, or possession of marijuana.

A special permit issued for a Marijuana Establishment is not transferable or assignable to a different location or a different type of Marijuana Establishment.

General requirements for marijuana establishments. The following apply to all Marijuana Establishments as defined in Section 250-4.1O and in M.G.L. c. 94G, including but not limited to marijuana cultivation, manufacturing, testing, and retail establishments:

(1)

Security, operations, and emergency plans. All Marijuana Establishments shall file a security plan, operation and management plan, and emergency plan with the Lunenburg Police Department: Should the Lunenburg Police Department find the Security Plan deficient, and the applicant is unable to appropriately modify the Plan to the Department's satisfaction, the Lunenburg Police Department shall submit a written document outlining the deficiencies.

(a)

Security plan.

[1]

The petitioner shall submit a security plan to the Lunenburg Police Department, in conformance with the requirements of the Lunenburg Police Department, to demonstrate that there is limited undue burden on Town public safety officials as a result of the proposed business.

[2]

The security plan shall include the details of all security measures for the site and the transportation of marijuana and marijuana products to and from off-site premises to ensure the safety of employees and the public and to protect the premises property from theft or other criminal activity.

(b)

Operation and management plan. All Marijuana Establishments shall submit an operation and management plan to the Building Department and Planning Board which shall include, but not be limited to the following elements: Organizational Structure, Location, Property Description, Hours of Operation and Staffing, description of proposed operations, distribution practices, employee safety, general compliance, fire prevention, sanitation and waste disposal requirements, electrical system overview, proposed energy demand and proposed electrical demand off-sets, ventilation system and air quality, proposed water system and utility demand prior to the issuance of a building permit.

(c)

Emergency response plan. All Marijuana Establishments shall meet with the Lunenburg Fire Department and the Lunenburg Police Department to discuss and identify emergency plans/contingency plans for the site. A written Emergency Response Plan, including contact information for a facility representative available 24 hours a day, shall be filed with the Lunenburg Fire Department and the Lunenburg Police Department pursuant to M.G.L. c. 94G, § 12.

(d)

Marijuana Establishments shall comply with 527 CMR and with Chapter 38 of the NFPA 1 (2018), as they may be amended, and as applicable.

(2)

All Marijuana Establishments shall be within a fully enclosed structure and no marijuana odor shall be detectable at the Marijuana Establishment's property line. The use of chemical masking agents shall not be permitted.

(3)

Marijuana Establishments shall not be located in mobile structures.

(4)

A Marijuana Establishment shall not be located within 500 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12, pre-existing small and large group child care facilities licensed by the Commonwealth, or within 250 feet of pre-existing family child care providers licensed by the Commonwealth, municipal active recreation facilities, houses of worship and funeral homes. This setback shall be measured from the nearest portion of the Marijuana Establishment's structure to the property line of the protected use.

(5)

All business signage shall be subject to the requirements to be promulgated by the Cannabis Control Commission and the requirements of Sections 250-6.5 of the Code of Lunenburg, as amended.

(6)

No marijuana shall be smoked, eaten, or otherwise consumed or ingested within any type of licensed Marijuana Establishment or property thereof.

(7)

Marijuana Establishments shall comply with applicable State and local laws, regulations, by-laws, codes, conditions and agreements with the Town, including, but not limited to, M.G.L. c. 94G, 935 CMR 500, the Town of Lunenburg's General By-Laws, the Town of Lunenburg's Zoning By-Laws, all applicable local and state building, fire prevention, police, and health codes, regulations and standards, any conditions imposed on licenses and permits held by the Marijuana Establishment (including, but not limited to, the Town's Planning Board Special Permit), and agreements between the Marijuana Establishment and the Town, including host community agreements.

(8)

All Marijuana Establishments shall be required to permit each individual location/address individually with the Town of Lunenburg.

(9)

Marijuana Establishment operations shall not create nuisance conditions in parking areas, sidewalks, streets and areas surrounding its premises and adjacent properties. "Nuisance" includes, but is not limited to, disturbances of the peace, open public consumption of Marijuana, excessive pedestrian or vehicular traffic, odors emanating from the Marijuana Establishment's premises, lighting, illegal drug activity under State or local law, harassment of passersby, littering, loitering, illegal parking, excessive loud noises, excessive citation for violations of State traffic laws and regulations and/or local Traffic Rules and Regulations, queuing of patrons (vehicular or pedestrian) in or other obstructions of the public way (sidewalks and streets), collisions between vehicles, bicyclists, and pedestrians, lewd conduct or any activities that result in police detentions and arrests.

(10)

A Marijuana Establishment shall be required to remove all Marijuana and Marijuana Products by the earlier of:

(a)

Prior to surrendering its State-issued license; or

(b)

Within 90 days of ceasing operations.

Applicants shall be required to estimate and submit a detailed breakdown of the total cost for the removal of all Marijuana and marijuana products. This estimate will be reviewed and approved by the Planning Board. Prior to the recording of any Special Permit, the applicant shall place surety with the Town of Lunenburg in the amount of the approved estimate plus 20%.

(11)

No use of any special permit or site plan approval issued hereunder shall commence nor shall construction of a Marijuana Establishment authorized hereunder begin unless and until all requisite provisional license(s) and approval(s) under M.G.L. c. 94G and 935 CMR 500.000, et seq., have first been obtained. No Marijuana Establishment shall be permitted to commence operations until the Cannabis Control Commission has issued a Final License.

(12)

No land, building(s) or structure(s) shall be used for Marijuana-related business or activity except in accordance with a license issued by the Commonwealth of Massachusetts in good standing.

(13)

The requirements of this Section 250-4.15 shall apply to all Marijuana Establishments regardless of the class or type of license issued by the Commonwealth of Massachusetts. All requisite operational, siting and security requirements of the applicable licensing scheme shall be satisfied, and proof thereof submitted to the Planning Board.

(14)

Marijuana plants, marijuana products and marijuana accessories for the ingestion, inhalation, or used to introduce marijuana to the human body shall not be visible from the outside of any structure in which a Marijuana Establishment is located; nor shall any outdoor storage be permitted. The foregoing shall be deemed to prohibit outdoor cultivation by a Marijuana Cultivator.

(15)

No Marijuana-related public events shall be permitted except in accordance with M.G.L. c. 94G and 935 CMR 500.000, et seq., and only if, and as may be authorized by, the Board of Selectmen from time to time.

(16)

The Planning Board, as SPGA, may impose such restrictions on the time, place and manner of Marijuana Establishment operations and of any business dealing in marijuana, marijuana products and/or marijuana accessories as may be necessary to protect the public interest and/or to satisfy the purpose and intent of this By-Law. The Planning Board may consider factors including, but not limited to, project and building design, setbacks, visibility, traffic and pedestrian circulation, outdoor lighting, odor control, security, hours of operation and consistency with nearby and abutting land uses, and may reasonably condition any special permit or site plan approval accordingly.

(17)

Pursuant to M.G.L. c. 40A, § 3, agriculture, aquaculture, floriculture and horticulture shall not include the growing, cultivation, distribution of Marijuana; and, consequently, these activities are not exempt from zoning thereunder.

(18)

All shipping and receiving areas shall be for the exclusive use of the Marijuana Establishment.

(19)

All Marijuana Establishments shall comply fully with the provisions of 935 CMR 500.000, as amended.

Access to premises and information/reporting/record-keeping.

(1)

Marijuana Establishments shall consent to unannounced, unscheduled, periodic inspections of its premises by the Building Commissioner or designee, or an agent from the Planning, Health, Police and Fire Departments (which, when conducted by the Police Department, shall be by a sworn police officer assigned by the Chief) on week-days during normal business hours to determine the Marijuana Establishment's compliance with the requirements of applicable state and local laws, regulations, codes, license and permit conditions, and this section. In addition, routine inspections may be made on week-days during regular Town business hours by authorized inspectional departments to determine compliance with applicable state and local laws, regulations, codes and license and permit conditions. Inspections by the authorized inspectional departments may be made at other times to investigate complaints or suspected noncompliance issues. Inspections may include all areas occupied, used or controlled by the Marijuana Establishment. Facilities requiring re-inspection may be subject to applicable re-inspection fees. Inspections shall be conducted in conformity with applicable federal, state and local law.

(2)

Marijuana Establishments shall cooperate and comply with requests for information made by the Building Commissioner or designee, including agents from the Planning, Building, Health, Police, Fire and Public Works Departments. Within 24 hours of receipt of notice of it, a Marijuana Establishment shall file with the Town Manager, Police Chief, Board of Health and the Building Commissioner any summary cease and desist order, quarantine order, suspension order, revocation order, order limiting sales, deficiency statement, plan of correction, notice of a hearing, notice of any other administrative process or legal action, denial of a license, denial of a renewal of a license, or final action issued by a state or federal agency (including, but not limited to, the Cannabis Control Commission and Massachusetts Department of Public Health) regarding the Marijuana Establishment, the Cannabis Control Commission license, or the Department of Public Health Certificate of Registration.

Requirements specific to marijuana retailer establishments. Marijuana retailers shall be subject to M.G.L. c. 94G, § 12 and the following restrictions to ensure there are no undue impacts on the health, safety, and well-being of the public:

(1)

As defined in M.G.L. c. 94G, the number of marijuana retailers shall be limited to no more than 2.

(2)

There shall be no drive/walk-up service window or other mechanical or non-mechanical means that allows the retail sale of marijuana, marijuana products and/or marijuana accessories through the exterior walls of a retail Marijuana Establishment to a customer or customers.

Requirements specific to marijuana transporters.

(1)

No marijuana or marijuana products shall be permitted to be stored in any vehicle. All products must be stored inside a fully enclosed building and in a manner deemed appropriate by the Lunenburg Police Department and the Planning Board.

Setbacks from residential uses. All Marijuana Establishments must be setback from any pre-existing residential use or lot located in a residential zoning district as shown in the chart below. This distance shall be measured from nearest portion of the Marijuana establishment's structure to the property line.

		Zoning District Marijuana Establishment is Located
	Marijuana Establishment Type	RA	RB	O	LB/R	C	OP/I	R	VCD	SS	TT	W
4.1O(1)	Marijuana Cultivator	500 feet	500 feet	500 feet	N/A	N/A	250 Feet	N/A	N/A	N/A	N/A	N/A
4.1O(2)	Marijuana Product Manufacturer	N/A	N/A	N/A	N/A	N/A	250 Feet	N/A	N/A	N/A	N/A	N/A
4.1O(3)	Marijuana Testing Facility	N/A	N/A	N/A	N/A	N/A	250 feet	N/A	N/A	N/A	N/A	N/A
4.1O(4)	Marijuana Retailer	N/A	N/A	N/A	N/A	250 Feet	250 feet	N/A	N/A	250 Feet	N/A	N/A
4.1O(5)	Marijuana Transporter	N/A	N/A	N/A	N/A	N/A	250 feet	N/A	N/A	N/A	N/A	N/A
4.1O(6)	Marijuana Researcher	N/A	N/A	N/A	N/A	N/A	250 feet	N/A	N/A	N/A	N/A	N/A

Special permit procedure: All Special Permits for Marijuana Establishments shall be filed and follow the provisions of Section 250-8.3 of the Code of Lunenburg and the Planning Board Rules and Regulations for Site Plan Approval & Special Permits, as amended. In addition to the requirements listed in the aforementioned documents applicants must also submit the following information:

(1)

An applicant shall submit a copy of its Host Community Agreement (HCA) with the Town, authorizing its development of a Marijuana Establishment on the site subject to receipt of applicable permits; as well as copies of all registrations and licenses, if any, issued to the applicant by the Commonwealth or any of its agencies for operation of a Marijuana Establishment on the site. Licensure by the Commonwealth is not a prerequisite to application submittal; provided, however, that commencement of use of or construction under a special permit is and shall be conditioned upon issuance of all requisite provisional licenses and approvals under applicable law. Final licensure of the Marijuana Establishment shall be required before commencement of operations.

[Amended 5-7-2022 ATM by Art. 26]

(2)

In addition to complying with any other state or town requirement related to good character and criminal background, any person or entity proposed to have interests in the license to operate a Marijuana Establishment shall not have committed any marijuana licensing violation affecting public safety, or received any suspension or revocation of any other state or local marijuana business licenses.

(3)

A statement signed by the organization's chief executive officer disclosing all of its designated owners, including officers, directors, partners, managers, investors or other similarly situated individuals. If any of the above are entities rather than persons, the Applicant must disclose the identity and current contact information of all responsible individuals.

(4)

Evidence that the applicant has site control and the right to use the site for a Marijuana Establishment.

(5)

An Odor Control Plan detailing the Marijuana Establishment's proposed mitigation measures for the potential odors associated with the operation of their business.

Special permit findings: In addition to the findings for a special permit in Section 250-8.3 of the Code of Lunenburg, the Planning Board must also make the following findings:

(1)

The applicant demonstrates that the Marijuana Establishment will meet all of the permitting requirements of all applicable agencies within the Commonwealth and will be in compliance with all applicable state laws and regulations, including, but not limited to M.G.L.A. c. 94G, § 12 General Marijuana Establishment Operation.

(2)

The applicant has satisfied all of the conditions and requirements of this section and other applicable sections of the Zoning Bylaw and any applicable town bylaws.

(3)

The facility provides adequate security measures to ensure that there are not direct threats to the health or safety of employees, staff, or members of the public and that storage and location of marijuana and marijuana products is adequately secured.

Lapse: Notwithstanding the provisions of Sections 250-8.3 and 8.4 of this Bylaw, any special permit issued for a Marijuana Establishment, and any site plan approval received therefor, shall lapse within one year from the grant thereof (plus such time as may be required to pursue or await the determination of an appeal therefrom) if substantial use has not sooner commenced, except for good cause.

Prohibition: All Marijuana Social Consumption Operations are expressly prohibited anywhere within the Town of Lunenburg; provided, however, that said prohibition shall apply only insofar as the same does not conflict with Massachusetts law, or has not been preempted thereby.

Revocation: Any violation of this Bylaw or conditions of the Special Permit shall be grounds for the revocation. The Special Permit may be revoked by the Planning Board if the Cannabis Control Commission license is revoked or lapses. The Marijuana Establishment shall notify the Planning Board of the revocation or loss of license(s) in writing within 48 hours of such happening.

Severability: If any provision of this section is invalidated by subsequent legislation or regulation, or held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.

[1]

Editor's Note: This article also repealed former § 250-4.15, Temporary moratorium on sale and distribution of recreational marijuana, as amended 5-5-2018 ATM by Art. 33.

§ 250-4.16 (Reserved) [1]

[1]

Editor’s Note: See now § 250-4.14, Registered marijuana dispensaries.

§ 250-4.17 Village Center District.

[Added 5-2-2015 ATM by Art. 27]

Preamble: The Lunenburg Town Center region has tremendous importance in symbolizing the unique character and heritage of Lunenburg. As residents engage with the historic buildings and streetscape of this area in the course of their routine daily business, be it school related, recreational, commercial, or even just driving through, the experience greatly reinforces a profound bond with the Town's present community and past heritage. There is an opportunity to significantly improve the quality of this already poignant civic experience and increase the number of people who will be drawn to share in it by expanding the businesses and other attractions in the area. There is also a key challenge to preserving this critical embodiment of our Town. Appropriate new uses or remedies must be found to the increasing number of underutilized buildings located about the Town center. Town planning experience and best practices, as exemplified in the state's model bylaw for Village Center Districts, demonstrates some key ingredients to sustaining and enriching this type of environment in small towns. One of these is careful stewardship through clear guidelines for development consistent with what the area means to the community. Another is encouraging a level of intensive mixed-use development, so that the critical mass of social and economic activity can be reached that will naturally provide the resources and inspiration required to maintain and organically adapt the area landmarks, buildings, and infrastructure without excessive burden on the Town's public finances.

Purpose.

(1)

In pursuit of this opportunity and to address this challenge, the Town implements this bylaw and designates this zoning district as the Village Center District in order to encourage economic and residential growth that fits the character of the Town.

(2)

The purposes of the Village Center District are to:

(a)

Build upon the historic development patterns in the existing village centers to create attractive, walkable neighborhoods;

(b)

Encourage adaptive reuse of abandoned, vacant or underutilized buildings or structures, where appropriate;

(c)

Allow for a mix of new land uses that are appropriate to both the needs of the community and the scale of surrounding neighborhoods;

(d)

Provide incentives to develop larger parcels at higher densities and in a coordinated, planned approach;

(e)

Maintain a consistently high level of design quality throughout the district;

(f)

Encourage the development of mixed-use buildings and campuses that are designed and constructed in a manner that is contextually sensitive to the existing structures and facilities.

Establishment. The Village Center District is hereby established as of 1 January 2016 and consists of the area shown as the Village Center District on the Town of Lunenburg Zoning Map on file with the Town/City Clerk and dated 2 May 2015, as may be amended from time to time by Town Meeting.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ARTIST DPRCE

A shop for the creation and/or sale of goods made by a potter, ceramicist, silversmith, jewelry maker, painter, photographer or other fine artist. This space may also serve as a living space for the artist, provided there is adequate separation between uses per the governing Building and Health Codes.

BANNER

A strip of cloth or other man-made fabric on which a sign is painted, silk-screened or printed. The display area shall be defined as the area of one face of the banner. The banner shall not exceed 40 square feet and shall not be displayed for more than 14 consecutive days.

BED-AND-BREAKFAST

Bed-and-breakfast, or bed-and-breakfast establishment, provided that:

(1)

The dwelling is owner-occupied.

(2)

The lot conforms to all dimensional requirements of the Zoning Bylaw.

(3)

Parking for each room available for rent is provided in the side yard behind the setback line or in the rear yard, but not nearer than 10 feet to any property line. One parking place shall be provided for each bedroom.

(4)

The outside appearance of the building is not altered from that of a residence, except to comply with the Building Code.

CIVIC USE

A land use that provides a public, cultural, or institutional benefit to the community. Specific uses may include, but shall not be limited to, government offices, religious institutions, educational institutions, and medical facilities (not including veterinary operations). For the purposes of this bylaw, civic uses shall not include open space as defined below.

MIXED USE

A combination of commercial and residential uses within a single building or lot. In the case of uses that fall under the special permit requirements of Subsection E(2), a Zoning Board of Appeals decision must be rendered on the use prior to the filing for development plan review.

MULTIPLE COMMERCIAL USE

A combination of commercial uses within a single building or lot. In the case of uses that fall under the special permit requirements of Subsection E(2), a Zoning Board of Appeals decision must be rendered on the use prior to the filing for development plan review.

OPEN DPRCE

In the context of an application for a Village Center District special permit, this term denotes open areas set aside for public use as part of a coordinated site development process. Specific requirements for ownership and maintenance are provided in Subsection I and shall not include areas covered with impervious surface treatments.

PERSONAL SERVICE

An establishment engaged in the provision of services to the general public which are conducted within the structure. This includes, but is not limited to, barbers, hair salons, massage therapists, chiropractors and nail salons.

PROFESSIONAL OFFICE

An office primarily devoted to professional activities, including, but not limited to, banks, real estate, insurance or other agency offices; an office of an accountant, physician, teacher, dentist, engineer, lawyer, homebuilder, photographer, or other recognized professional for which specific training and/or licensing is required. Drive-through service shall be limited to banks and shall require a special permit.

RESTAURANT

A place serving food and beverage within a structure or patio, primarily for consumption on the premises. Drive-through windows shall be prohibited for this use.

RETAIL

An establishment engaged in displaying and selling goods or merchandise within a building to the general public or to business establishments where the goods or merchandise are not intended for resale. There shall be no outdoor display of goods without the granting of a special permit from the Board of Appeals.

TRANSPARENCY

The amount of transparent space that occupies a building facade, including standard street-level windows and doorway windows.

Authority. The Planning Board shall act as the administering authority for any site plan approval procedure associated with this bylaw. The Board of Appeals shall serve as the special permit granting authority for any use that requires a special permit in the district, any use requiring a special permit pursuant to Subsection E.

Use provisions.

[Amended 8-22-2016 STM by Art. 8]

(1)

The following uses are allowed by-right, subject to any development plan review requirements listed in § 250-8.4 and all applicable density and design provisions listed in this bylaw:

(a)

Retail, with a maximum 5,000 square feet of floor area.

(b)

Professional office space.

Personal service.

Artist space.

Restaurant.

Bed-and-breakfast.

Mixed use containing less than 5,000 square feet per individual proposed use.

(h)

Multiple commercial use containing less than 5,000 square feet per individual proposed use.

(i)

Civic uses.

(2)

The following uses are allowed only through the granting of a special permit by the Board of Appeals pursuant to the procedures outlined in § 250-8.3:

(a)

Single- and two-family homes.

(b)

Multifamily homes.

(c)

Apartment complexes.

(d)

Movie house/theater (maximum of two screens).

(e)

Liquor stores.

(f)

Outdoor markets, subject to applicable licensing requirements.

(g)

Private club.

(h)

Drive-through use for banks.

(i)

Retail use greater than 5,000 square feet.

(j)

Uses allowed by-right with a floor area greater than 5,000 square feet included in a multiple commercial use or mixed-use development.

(3)

The following uses are prohibited in the Village Center District:

(a)

Newly constructed one-story buildings on lots of less than five acres.

(b)

Retail operations with more than 5,000 square feet of gross floor area on any individual floor, except for reuse of buildings existing prior to 1 May 2015, with footprints greater than 5,000 square feet.

(c)

Drive-through establishments, excluding those expressly allowed by special permit.

Dimensional requirements.

(1)

Requirements.

	Building Type
	Mixed Use with Commercial First Floor	Other Mixed Use or Residential Only
Maximum floor area ratio (FAR) (gross floor area/lot size)	2.0	1.5
Minimum lot frontage	75 feet
Maximum lot coverage	85%
Minimum lot area	N/A
Number of buildings per lot	See Subsection I
Maximum building frontage	300 feet
Minimum front setback	5 feet
Maximum front setback w/o street furniture	15 feet
Minimum side/rear setback abutting a residential zone	10 feet
Minimum side/rear setback in VCD	5 feet
Interior setback (between buildings on the same lot)	10 feet

(2)

Height limitations for nonresidential and mixed use. Building height for mixed use or nonresidential use shall not exceed 38 feet and no building shall have more than three stories.

Parking requirements.

	Use	Parking Requirement
	Retail/personal service/liquor store	1 parking space per 400 square feet of net floor area, plus 1 space per employee on the largest shift
	Professional office/civic uses	1 parking space per 300 square feet of net floor area
	Artists space	1 parking space per 400 square feet of net retail/gallery floor area, plus 2 parking spaces per dwelling unit
	Restaurant/private club	1 parking space per 4 seats, plus 1 space for each employee on the largest shift
	Bed-and-breakfast	1 parking space per accommodation room, plus 2 parking spaces for the primary residence, plus 1 space per nonresident employee on the largest shift
	Mixed use/multiple commercial	Parking to be provided per the individual uses
	All residential uses	2 parking spaces per dwelling unit
	Movie house	1 parking space per 4 occupants, plus 1 parking space per 2 employees on the largest shift
	Outdoor market	1 parking space per 500 square feet of sales space

(1)

As part of a development plan approval or special permit process within this district, the applicant may request reductions to minimum requirements or alternative methods for meeting the required parking.

(2)

Available innovative parking strategies include:

(a)

Shared on-site parking.

[1]

Noncompeting uses. In mixed-use developments, applicants may propose a reduction in parking requirements based on an analysis of peak demands for noncompeting uses. Up to 50% of the requirements for the predominant use may be waived by the Planning Board or the Board of Appeals if the applicant can demonstrate that the peak demands for two uses do not overlap. An additional 25% may be waived with the addition of bicycle parking facilities.

(b)

Off-site parking. Separate from, or in conjunction with, shared parking provisions, an applicant may use off-site parking to satisfy its parking requirements in accordance with the following conditions:

[1]

Off-site parking shall be within 1,000 feet of the property for which it is being requested.

[2]

Off-site parking spaces provided by a separate private property owner shall be subject to a legally binding agreement that will be presented to the permit granting authority as a condition of either the development plan review or the special permit. Where an agreement shall expire within a specified time line, the applicant or current property owner shall continue to provide evidence to the Building Commissioner that the agreement has been extended. The permit granting authority will verify with the Building Commissioner that there are no existing parking agreements during the permitting process.

Design standards. The design standards in this section shall be applied to development within the Village Center District where applicable.

(1)

Occupied lot area.

(a)

The total lot devoted to building, parking, outdoor storage and display and other impervious surfaces may occupy up to 85% of the total lot area.

(2)

Buildings.

(a)

All buildings shall have a principal facade and entry (with operable doors) facing a street or open space. Buildings may have more than one principal facade and/or entry.

(b)

Building finish materials shall be appropriate to traditional New England architecture and may include, but shall not be limited to, brick or high-quality brick face, wood, stone or high-quality stone face.

(c)

Building facades, materials and roof lines shall be reviewed under the permit granting authority to ensure consistency and compatibility with other structures.

(d)

(e)

New retail buildings shall have one of the following features along the front entrances to pedestrians: awning, marquee, arcade and/or colonnade.

(f)

Flat roofs that are visible from the street are prohibited unless an appropriate facade is included in the design.

(g)

Larger buildings with multiple nonresidential tenants on the first floor shall articulate the facade in a manner that distinguishes the location of these tenants through the use of decorative raised or depressed vertical surfaces, variations of acceptable signage, awnings, marquees, colonnades or arcades.

(h)

Mixed-use buildings shall have no more than 25% of the first floor dedicated to residential use. Conversion or partial conversion of residential uses existing before 1 May 2015 are exempt from this provision.

(i)

All new utility service connections shall be placed underground.

(j)

Lighting, signage and architectural style shall be consistent with other uses in the district and reviewed under the permit granting authority.

(3)

Signs.

(a)

Primary signs shall be flat against the facade, or mounted projecting from the facade.

(b)

Signs that project from buildings shall have at least 10 feet of clearance from the ground level.

(c)

Signs shall be externally lit from the front; lighting shall be provided using a gooseneck fixture. Back lighting of signs shall not be used.

(d)

Neon, flashing signs, moving signs, electric message signs, and roof signs shall not be used, except for barber poles.

(e)

Banners with a specific date of expiration shall be allowed, after approval by the Building Commissioner.

(f)

(g)

Signs may only be incorporated into the skirt of awnings and not on the primary angled surface.

(h)

Each building facade facing a street or parking area is permitted to have signs that equal a maximum square footage of 5% of the respective facade.

(i)

A building with multiple businesses shall have signs of equal size on the facade; signs shall be either rectangular or oval shaped.

(j)

Freestanding signs other than portable and temporary signs should be consistent with other uses in the district and require a special permit from the special permit granting authority.

(k)

Sandwich board signs, flags and other portable signs are permitted only within the property lines, as long as they are properly weighted.

(l)

Window signs, comprising no more than 10% of the transparent surface, shall be allowed. Window signs shall not be lighted or animated in any manner, with the exception of the standard lighting fixtures within the building.

(4)

Site design.

(a)

Interior streets, drives, walkways and access.

[1]

Site access shall be a single divided way (one way in and one way out) where and when appropriate as determined by the permit granting authority.

[2]

Surfaces shall be pervious when possible and practical.

[3]

Street-level frontage shall be devoted to entrances, shop windows or other displays.

[4]

Primary entrances to proposed and existing buildings shall be situated on pedestrian amenities (e.g., sidewalks, plazas or open space) with a minimum width of 10 feet.

[5]

Setbacks shall be consistent with the fabric of the existing street and do not preclude pedestrian access.

(b)

Parking and loading area.

[1]

Parking shall be in the rear or side of the building(s) and shall not be visible from the street line when possible. Parking will be reviewed by the permit granting authority.

[2]

All loading docks shall be to the rear of the building(s) and shall not be visible from the street. Adequate access for loading and emergency vehicles shall be maintained on one side of the building.

(c)

Sidewalks.

[1]

Sidewalks shall be provided from the street line, when applicable, and from the parking areas to the building(s).

(d)

Landscaping.

[1]

There shall be a minimum of a four-foot landscaped area along the street frontage and along the front and side of the principal building(s) and plantings of indigenous materials along the facades of the building(s) and between the building(s) if there is more than one principal building on site.

[2]

Additional landscaping and screening may be required during the development plan review or by the permitting authority.

[3]

Such landscape shall be of a type and height that does not interfere with sight lines of drivers.

[4]

Natural features shall be retained to the extent possible.

[5]

A landscape plan shall be provided and reviewed.

[6]

Where residential neighborhoods abut commercial, office or mixed-use developments, appropriate transitional features shall be used and may include landscaping, open space or parks, or streets with clearly designed pedestrian features.

(e)

Street furniture.

[1]

Light fixtures shall be designed to be of number and height that grants plentiful lighting. Such lighting shall shine downwards so as to not affect adjacent properties and be dark sky compliant.

[2]

Lighting must also be placed on the side and rear of the building.

[3]

A lighting plan may be required if the permit granting authority deems the project is of such a scale that the impacts to the neighborhood are adverse; such plan will show where all light fixtures are being proposed within the site, as well as a narrative as to the type of light and height of all fixtures.

[4]

Outdoor tables, benches, and bicycle racks shall be of a style consistent with the principal use(s) of the site.

[5]

The location, number and style of exterior trash receptacles shall be reviewed under permit granting authority.

Village Center District campus developments. Developments that contain multiple buildings and uses on a single lot are encouraged as long as they are sensitive to the context of the surrounding area and meet the purposes outlined above. These developments are subject to the provisions of § 250-8.4, Site plan approval, of the Protective Bylaw as well as the additional design guidelines outlined in Subsection H of this bylaw and below.

(1)

Additional design standards. In addition to those design standards listed in Subsection H of this bylaw, applications for a Village Center District campus shall also meet the following standards:

(a)

Buildings.

[1]

Newly constructed building facades for nonresidential first-floor uses shall have a transparency of at least 20% and no more than 60% for all facades that, wholly or partially, address street frontage, sidewalks, or other public space.

[2]

Buildings in Village Center District campus developments shall meet the following criteria:

[a]

No more than 10% of the first floor of newly constructed buildings shall be occupied by residential use.

[b]

No more than 60% of the total gross floor area of the development shall be occupied by residential use.

(b)

Signs.

[1]

Freestanding directory signs may be permitted as part of a Village Center District campus application where several nonresidential operations are accessed through a common vehicular entrance. Such freestanding signs shall not exceed eight feet in height, six feet in width and each tenant shall be allowed a maximum of 4.5 square feet to display the company or agency name.

(c)

Site design.

[1]

Buildings shall be arranged in a manner that optimizes the ability of residents and consumers to access public spaces and pedestrian amenities.

[2]

Buildings shall be oriented toward each other in a way that minimizes conflicts between pedestrians and automobiles.

[3]

Open space provided pursuant to Subsection I(2) of this bylaw shall be designed as a public gathering place. Arcades, courtyards, parks, greens or other common areas shall be located in a manner that connects buildings to each other and to public sidewalks without interruption from parking areas or automobile travel lanes to the greatest practicable extent.

[4]

(2)

Open space ownership and maintenance. As a condition of a special permit, the Board of Appeals shall require an applicant to document ownership of open space within the proposed development and to provide a detailed maintenance schedule to ensure the long-term care of open space areas.

Severability. If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby.

§ 250-4.18 (Reserved) [1]

[1]

Editor’s Note: See now § 250-4.15, Temporary moratorium on sale and distribution of recreational marijuana.

§ 250-4.19 Multi-Family Overlay District.

[Added 11-18-2025 STM by Art. 13]

Purpose. The purpose of the Multi-family Overlay District (MOD) is to allow multi-family housing at a density of 26.1 units per acre as of right per Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A). This zoning provides for as of right multi-family housing to accomplish the following purposes:

(1)

Promote public health, safety and welfare by encouraging the production of various housing sizes and types to provide equal access to new housing throughout the community to meet the various needs for people and households of all incomes, ages and sizes.

(2)

Preserve open space in a community by locating new housing within or adjacent to existing developed areas and infrastructure.

(3)

Increase the municipal tax base through private investment in new residential developments.

Establishment and Applicability. This MOD is an overlay district superimposed over the underlying zoning district and is shown on the Zoning Map.

(1)

Underlying Zoning. The MOD is an overlay district superimposed on underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the respective underlying zoning district(s) shall remain in full force, except for uses allowed as of right in the MOD. Uses not identified in Section 250-4.19 are governed by the underlying zoning district(s) requirements.

(2)

Density Protection. The Planning Board shall have the authority to modify any conflicting dimensional or design standards imposed by other sections of the zoning by-law if such standards would result in a reduction of the base density of 26.1 units per acre for multifamily housing within the MOD.

Definitions. For Section 250-4.19, the following definitions shall apply. See Section 250-2 of the Zoning By-laws for all other definitions.

AFFORDABLE HOUSING

Housing that contains Affordable Units eligible for listing in the EOHLC's Subsidized Housing Inventory.

AFFORDABLE UNIT

A multi-family housing unit that is subject to a use restriction recorded in its chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both.

APPLICANT

A person, business, or organization that applies for a building permit, Site Plan Approval, or Special Permit.

AREA MEDIAN INCOME (AMI)

The median family income for the Fitchburg-Leominster, MA statistical region includes the Town of Lunenburg as defined by the U.S. Department of Housing and Urban Development (HUD).

AS OF RIGHT

Development that may proceed under the Zoning in place at the time of application without needing a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.

BUILDING COVERAGE

The maximum area of the lot can be attributed to the footprint of the buildings (principal and accessory) on that lot. Building Coverage does not include surface parking.

COMPLIANCE REGULATIONS

Compliance Regulations for Multi-Family Zoning Districts Under Section 3A of the Zoning Act as further revised or amended from time to time - see 760 CMR 72.00: MULTI-FAMILY ZONING REQUIREMENT FOR MBTA COMMUNITIES.

DEVELOPMENT STANDARDS

Provisions of Section 250-4.19.G. General Development Standards made applicable to projects within the MOD.

EOHLC

The Executive Office of Housing and Livable Communities (formerly Department of Housing and Community Development, also known as DHCD) or any successor agency.

MBTA

Massachusetts Bay Transportation Authority.

MULTI-FAMILY HOUSING

A building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.

MULTI-FAMILY ZONING DISTRICT

A zoning district, either a base district or an overlay district, in which multi-family housing is allowed as of right.

OPEN SPACE

Contiguous undeveloped land within a parcel boundary.

PARKING, STRUCTURE

A building used for the storage of motor vehicles in two or more tiers or levels. Parking Structure does not include underground parking.

PARKING, SURFACE

One or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for this definition.

RESIDENTIAL DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

SECTION 3A

Section 3A of Chapter 40A of the Massachusetts General Laws.

SITE PLAN APPROVAL AUTHORITY

The Planning Board is responsible for Site Plan Approval within the MOD.

SPECIAL PERMIT GRANTING AUTHORITY

The Special Permit Granting Authority shall be the Zoning Board of Appeals for the issuance of special permits in the MOD.

SUBSIDIZED HOUSING INVENTORY (SHI)

A list of qualified Affordable Housing Units maintained by the Executive Office of Housing and Livable Communities (EOHLC) used to measure a community's stock of low- or moderate-income housing for MGL Chapter 40B, the Comprehensive Permit Law.

Permitted Uses.

(1)

Uses Permitted As of Right. The following uses are permitted as of right within the MOD: Multi-family housing, up to 26.1 units per acre. See Section 4 of the Zoning By-laws for all other uses allowed as of right in the underlying zones.

(2)

Accessory Uses. The following uses are considered accessory as of right to any of the permitted uses in Section 250-4.19D.

(a)

Parking, including surface parking on the same lot as the principal use.

Dimensional Standards.

(1)

Dimensional Standards. Notwithstanding anything to the contrary in this Zoning, the dimensional requirements applicable in the MOD are as follows:

(a)

Minimum Front Yard: 40 feet.

(b)

Minimum Side Yard: 25 feet.

(c)

Minimum Rear Yard: 25 feet.

(d)

Maximum Height: 38 feet.

(e)

Minimum Open Space: At least 10% of the total site area shall be devoted to open space; required setbacks shall be considered as part of the total area required for open space. The required open space shall not be used for parking or loading purposes and shall be open and unobstructed to the sky. Items such as benches, walkways, planters, landscaping, kiosks, gazebos and similar structures shall not be considered obstructions.

(2)

Multi-Building Lots. In the MOD, lots may have more than one principal building.

(3)

Exceptions. The limitation on height of buildings shall not apply to chimneys, ventilators, towers, silos, spires, or other ornamental features of buildings, which features are in no way used for living purposes and do not constitute more than 25% of the ground floor area of the building.

Off-Street Parking. Multifamily development in the MOD shall provide two parking spaces per dwelling unit. Stand-alone Parking Structures are prohibited.

General Development Standards.

(1)

Development standards in the MOD are applicable to all multi-family and mixed-use development. These standards are components of the Site Plan Approval process in Section 250-4.19I, Site Plan Approval.

(2)

Site Design.

(a)

Connections. Sidewalks shall provide direct connections among building entrances, the public sidewalk (if applicable), bicycle storage, and parking.

(b)

Vehicular Access. Where feasible, curb cuts shall be minimized, and shared driveways encouraged.

(c)

Screening for Parking. Surface parking adjacent to a public sidewalk shall be screened by a landscaped buffer of sufficient width to allow the healthy establishment of trees, shrubs, and perennials, but no less than 6 (six) feet. The buffer may include a fence or wall of no more than three feet in height unless there is a significant grade change between the parking and the sidewalk.

(d)

Parking Materials. The parking surface may be concrete, asphalt, decomposed granite, bricks, or pavers, including pervious materials but not including grass or soil not contained within a paver or other structure. Pervious materials are encouraged.

(e)

Open Space and Plantings. Plantings shall include species that are native or adapted to the region. Plants on the Massachusetts Prohibited Plant List, as may be amended, shall be prohibited.

(f)

Lighting. All exterior lighting shall be Dark Sky-compliant, employing fully shielded, full-cutoff LED luminaires and meeting current Illuminating Engineering Society (IES) design recommendations for the intended use; fixtures shall be mounted and aimed to prevent glare, light trespass onto adjoining properties, and skyglow, and shall utilize controls (timers, dimming and/or motion sensors) to reduce illumination outside operating hours.

(g)

Mechanicals. Mechanical equipment at ground level shall be screened by a combination of fencing and plantings. Rooftop mechanical equipment shall be screened if visible from a public right-of-way.

(h)

Dumpsters. Outdoor dumpsters will be enclosed on all sides by a building, fence, and/or wall that has a landscaping buffer on at least 2 of the non-gated sides.

(i)

Stormwater Management. Strategies that demonstrate compliance of the construction activities and the proposed project with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, the Town's Stormwater Bylaw, as amended, and, if applicable, additional requirements under the Town of Lunenburg MS4 permit.

(3)

Buildings: Multiple Buildings on a Lot.

(a)

Parking and circulation on the site shall be organized to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way. The minimum horizontal distance between any two curb cuts on the same lot shall be no less than 100 feet.

(b)

A paved pedestrian network shall connect parking to the entries to all buildings and the buildings to each other and all walkways and connections shall meet accessibility standards.

(c)

The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building facade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials. The relationship of the buildings to the site, including the siting of buildings, structures and open spaces, shall be designed to permit passive solar energy and to permit maximum protection of pedestrian areas from adverse impact of winds, vapors or other emissions, shadows and/or noise. The minimum horizontal distance between any two principal buildings on the same lot shall be no less than 40 feet.

(d)

The building(s) adjacent to the public street shall have a pedestrian entry facing the public street.

(4)

Buildings: Shared Outdoor Space. Multi-family housing shall have common outdoor space that all residents can access. Such space may be in any combination of the courtyard, rooftop, or terrace.

(5)

Buildings: Principal Facade and Parking. Parking shall be subordinate in design and location to the principal building facade while minimizing the extent of impervious surface. Vehicular parking spaces and garage doors shall be located behind the primary plane of the principal building facade.

(a)

Surface Parking. Surface parking shall be located at the rear or side of the principal building. For the purposes of this section, a side location must be behind the primary plane of the principal building facade and must be screened from the public right-of-way by landscaping or fencing. Parking shall not be located in the required front setback between the building and any lot line adjacent to the public right-of-way.

(b)

Integrated Garages. Garage doors for residential units are prohibited on any principal facade that faces a public street. Integrated garages are permitted on a side or rear facade, including garage doors for ramps to underground parking.

(6)

Waivers. Upon the request of the Applicant and subject to compliance with the Compliance Regulations, the Site Plan Approval Authority may waive the requirements of this Section 250-4.19G, General Development Standards, with a finding that the requested waivers serve a public good.

Affordability Requirements.

(1)

Purpose.

(a)

Promote the public health, safety, and welfare by encouraging a diversity of housing opportunities for people of different income levels;

(b)

Provide for a full range of housing choices for households of all incomes, ages, and sizes;

(c)

Increase the production of affordable housing units to meet existing and anticipated housing needs; and

(d)

Work to overcome economic segregation allowing the Town of Lunenburg to be a community of opportunity in which low- and moderate-income households have the opportunity to advance economically.

(2)

Applicability. This requirement is applicable to all residential and mixed-use developments with 2 or more dwelling units, whether new construction, substantial rehabilitation, expansion, reconstruction, or residential conversion. No project may be divided or phased to avoid the requirements of this section.

(3)

Affordability requirements. Subsidized Housing Inventory: All units affordable to households earning 80% or less of AMI created in the MOD under this section must be eligible for listing on EOHLC's Subsidized Housing Inventory.

(4)

Provision of Affordable Housing. In Applicable Projects, 10% of housing units constructed shall be Affordable Housing Units. For purposes of calculating the number of units of Affordable Housing required within a development project, a fractional unit shall be rounded down to the next whole number. The Affordable Units shall be available to households earning income up to 80% of the AMI.

(5)

Development Standards. Affordable Units shall be:

(a)

Integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of exterior and interior materials with the other units and/or lots;

(b)

Dispersed throughout the development;

(c)

Located such that the units have equal access to shared amenities, including light and air, and utilities (including any bicycle storage and/or Electric Vehicle charging stations) within the development;

(d)

Located such that the units have equal avoidance of any potential nuisances as market-rate units within the development;

(e)

Distributed proportionately among unit sizes; and

(f)

Distributed proportionately across each phase of a phased development.

(g)

Occupancy permits may be issued for market-rate units prior to the end of construction of the entire development provided that occupancy permits for Affordable Units are issued simultaneously on a pro rata basis.

(6)

Administration. The Lunenburg Housing Authority or another qualified housing entity as designated by the Planning Board shall be responsible for administering and enforcing the requirements in this section.

Site plan approval.

(1)

Applicability. Site plan approval is required for any multifamily projects in the MOD. An application for Site Plan Approval shall be reviewed by the Planning Board for consistency with the purpose and intent of this Section.

(2)

Submission Requirements. As part of any application for Site Plan Approval for a project within the MOD submitted under this Section, the Applicant must submit the following documents:

(a)

Application and fee for site plan approval.

(b)

Site plans that show the position of the building on the site, points of vehicular access to and from the site and vehicular circulation on the site, stormwater management, utilities, and landscape treatments, including any screening of adjacent properties, and other information commonly required by Lunenburg for site plan approval.

(c)

Elevations of the building(s) showing the architectural design of the building.

(d)

All site plans shall be prepared by a certified architect, landscape architect, and a registered professional engineer registered in the Commonwealth of Massachusetts. A certified landscape architect registered in the Commonwealth of Massachusetts shall prepare all landscape plans. A certified architect registered in the Commonwealth of Massachusetts shall prepare all building elevations. All plans shall be signed and stamped, and drawings prepared at a scale of one-inch equals forty feet (1" = 40') or larger, or at a scale as approved in advance by the Permitting Authority.

(3)

Site Plan Approval. Site Plan approval for uses listed in Section 250-4.19D, Permitted Uses, shall be granted upon the determination by the Planning Board that the following conditions have been satisfied. The site plan approval Authority may impose reasonable conditions, at the applicant's expense, to ensure that these conditions have been satisfied.

(a)

The Applicant has submitted the required fees and information as outlined in Lunenburg's requirements for a Building Permit and site plan approval

(b)

The project described in the application meets the development standards outlined in Section 250-4.19G, General Development Standards.

(4)

Project Phasing. An Applicant may propose, in a site plan approval submission, that a project be developed in phases subject to the approval of the site plan approval Authority, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase. However, no project may be phased solely to avoid the provisions of Section 250-4.19H, Affordability Requirements.

Severability. If any provision of this Section 250-4.19 is found to be invalid by a court of competent jurisdiction, the remainder of Section 250-4.19 shall not be affected but shall remain in full force. The invalidity of any provision of this Section 250-4.19 shall not affect the validity of the remainder of Lunenburg's Zoning. Or take any other action relative thereto. Finance Committee: No Direct Financial Impact. Select Board recommends Approval (4-1).