The uses authorized by this article, and as designated by § 255-5.3, Table of Use Regulations, are to be permitted only in those districts as specified and then only upon the prior issuance of a special permit, as provided in this article. A special permit shall only be issued for a use which is in harmony with the general purposes and intent of this bylaw. A special permit issued under this article may impose conditions, safeguards and limitations on time or use in order to further the objectives of this bylaw.
A.
Rules. The special permit granting authority shall adopt, and it
may from time to time amend, rules relative to the granting of special
permits. An up-to-date copy of such rules shall be kept on file in
the office of the Town Clerk. Such rules may prescribe the size, form,
contents, style and number of copies of plans and specifications,
and the procedure for the submission, processing and approval of all
applications for such permits.
B.
Filing of applications. An applicant for a special permit shall begin
his application by submitting the materials required by the rules
of the special permit granting authority with the special permit granting
authority and by filing a copy with the Town Clerk.
C.
Public hearing. Not more than 65 days following the date an application
has been filed with it, the special permit granting authority shall
hold a public hearing concerning each such application.
D.
Notice of public hearing. Notice of a public hearing under this section
shall be by publication or posting as provided in MGL c. 40A, § 11,
and by mailing to all parties in interest, as therein defined.
E.
Action on application. The special permit granting authority shall
act with respect to each such application within 90 days following
the date of the public hearing on such application. Failure of the
special permit granting authority to take final action within such
period shall be deemed to be approval of such application.
F.
Voting. Special permits shall require a two-thirds vote of a board
having five or more members, a vote of at least four members of a
five-member board and a unanimous vote of a three-member board.
G.
Withdrawal of application. An application for a special permit which
has been transmitted to the special permit granting authority may
be withdrawn, without prejudice, by the applicant prior to the publication
of the notice of a public hearing thereon; thereafter it may be withdrawn
without prejudice only with the approval of the special permit granting
authority.
H.
Copy of decision. Upon the granting of a special permit, the special
permit granting authority shall issue a certified copy of its decision
to the owner, and to the applicant if other than the owner. The decision
shall contain the name and address of the owner, identify the land
affected, set forth compliance with the statutory requirements for
the issuance of the permit and certify that copies of the decision
and all plans referred to in the decision have been filed with the
Planning Board and with the Town Clerk.
I.
Time of taking effect. No special permit shall become effective until
a copy of the decision of the special permit granting authority bearing
the certification of the Town Clerk that 20 days have elapsed and
no appeal has been filed or that such appeal has been filed, that
it has been dismissed or denied, is recorded in the Norfolk County
Registry of Deeds and indexed in the grantor index under the name
of the owner of record or is recorded and noted on the owner's certificate
of title. The fee for recording or registering shall be paid by the
owner or applicant.
J.
Lapse of permit. A special permit issued under this section shall
lapse at the expiration of three years following the date of the decision
of the special permit granting authority unless substantial use of
the permit has been commenced, except for good cause, or, in the case
of a permit for construction, if construction has not begun prior
to such date except for good cause.
K.
Conditions. The special permit granting authority may impose conditions,
safeguards and limitations on time or use.
L.
Repeat of applications. No application which has been unfavorably
and finally acted upon by the special permit granting authority shall
be favorably acted upon within two years following the date of final
unfavorable action unless such special permit granting authority finds
(by the same vote as required above) specific and material changes
in the conditions upon which the previous unfavorable action was based,
and describes such changes in the record of the special permit granting
authority, and unless all but one of the members of the special permit
granting authority consents thereto after notice is given to parties
in interest of the time and place of the proceedings when the question
of such consent will be considered.
In considering an application under this article, the special
permit granting authority shall assure, in addition to any special
requirements otherwise established in this bylaw for a specific use,
consideration of the following general conditions:
A.
Protection of adjoining premises against detrimental or offensive
issues.
B.
Convenience and safety of vehicular and pedestrian traffic and movement
within the site, and in relation to the adjacent streets, property
or improvements.
C.
Adequacy of methods of disposal for sewage, refuse and other wastes
resulting from the uses permitted or permissible, and the methods
for drainage of water.
D.
Adequacy of space for off-street parking, movement and loading, unloading,
delivery, pick-up or other vehicular requirements.
E.
Adequate access to any structures for fire and service equipment
is provided.
F.
Any lighting provided does not have a deleterious effect on neighboring
property.
G.
Effective use is made of topography, existing trees, and other vegetation
and other natural terrain features with the building design and placement.
H.
Adequacy of the Town water supply system to service the proposed
use.
A.
Planning Board. The Planning Board shall be the special permit granting
authority for all requests or applications for the following:
(1)
Hotels/motels.
(2)
Multiple dwelling units on a single lot in a residential or
mixed-use zone.
(3)
Planned business development.
(4)
Planned industrial development.
(5)
Cluster zoning.
(6)
Planned unit development.
(7)
Removal of sand, gravel, loam.
(8)
Business Overlay District.
(9)
Village Overlay District.
(10)
In conjunction with the Conservation Commission, filling of
water, wet area or depression.
(11)
Medical marijuana treatment and dispensing facilities and marijuana
cultivation activities.
B.
Board of Appeals. The Board of Appeals shall be the special permit
granting authority for all requests or applications for special permits
for the following: all other instances in which a special permit is
required.
A.
Apartments, multiple or attached dwellings in zoning districts where
not permitted by right. The Planning Board, as a special permit granting
authority, may issue a special permit for the construction of a building
or buildings intended to be used for three or more dwelling units,
provided that the following conditions are met with respect to any
particular parcel of land:
(1)
The lot shall have not less than 200 feet of frontage and shall
contain not less than 40,000 square feet of land.
(2)
Each dwelling unit will require the following land areas of buildable uplands as defined in Article II, Definitions:[1]
|
RES R-25 and GEN BUS
(25,000-square-foot lots)
|
RES R-40
(40,000-square-foot lots)
| |
|---|---|---|
|
First 8 units
|
12,500 square feet
|
15,000 square feet
|
|
Added units
|
8,000 square feet
|
10,000 square feet
|
|
Maximum dwelling unit on a 2-acre site (low density)
|
6 (3/acre)
|
5 (2.5/acre)
|
|
Maximum dwelling unit on a 10-acre site
(high density)
|
49 (4.9/acre)
|
39 (3.9/acre)
|
[1]
Editor's Note: Attorney General approval pending.
(3)
A space, not less than 20 feet in width along each sideline,
the rear yard lot line and not less than 45 feet from the front lot
line, except for entrance and exit driveways, shall be maintained
with grass, trees, shrubs, flowers and other plantings and landscape
features.
(4)
The manner of sewage disposal shall be approved, in writing,
by the Board of Health.
B.
Hotels and motels. The Planning Board, as a special permit granting
authority, may issue a special permit for the construction of a building
or buildings intended to be used for a hotel and/or motel, provided
that the following conditions are met with respect to any particular
parcel of land:
(1)
The lot shall have not less than 200 feet of frontage and shall
contain not less than 40,000 square feet of land area.
(2)
The front yard, side yards, and rear yard depths shall not be
less than 50 feet.
(3)
A space not less than 20 feet in width along each side yard,
from the rear yard lot line and from the front yard lot line, except
for exit and entrance driveways, shall be maintained with grass, trees,
shrubs, flowers and other planting and landscape features. Such area
shall not be used for parking or otherwise.
(4)
The manner of sewage disposal shall be approved in writing by
the Board of Health.
(5)
The site shall be provided with not more than two motor vehicle
driveways for each abutting street which shall intersect the abutting
street or streets at 90°. Coverage of the land shall not exceed
20%.
C.
Removal of loam, sand, gravel, quarry, or other earth materials.
The Planning Board, as a special permit granting authority, may issue
a special permit for the removal of loam, sand, gravel, quarry or
other earth material, provided that the following conditions are met
with respect to any particular parcel of land:
(1)
For the removal of loam, sand, gravel, quarry, or other earth
materials other than that which is incidental to and in connection
with the construction of a building on a lot, and for processing and
treating raw materials, the following conditions shall govern:
(a)
Removal and processing operations shall not be conducted closer
than 50 feet to a public street.
(b)
All equipment for sorting, washing, crushing, grading, drying,
processing and treating, or other operation of machinery shall not
be closer than 100 feet to any public street or to any adjoining lot
line.
(d)
Any access to excavated areas or areas in the process of excavation
will be adequately posted with "KEEP-OUT-DANGER" signs.
(e)
Any work face or bank that slopes more than 30° downward
adjacent to a public street will be adequately fenced at the top.
(f)
Adequate provision is to be made for drainage during and after
the completion of operations.
(g)
Lateral support shall be maintained for all adjacent properties.
A maximum rate of slope shall be established by the Planning Board
and set out in the special permit.
(h)
The use of explosives shall be done in accordance with the regulations
for storage or handling of an explosive as published by the Commonwealth
of Massachusetts.
(i)
All operations shall be conducted in such a manner so as to
comply with the laws of the Commonwealth of Massachusetts regulating
water pollution and air pollution.
(j)
The work hours of operation shall be designated by the Planning
Board and set out in the special permit.
(k)
A plan for regrading of all or parts of the slopes resulting
from such excavation or fill shall be submitted.
(l)
A plan for replacement of at least six inches of topsoil over
all excavated, filled, or otherwise disturbed surfaces and seeding
with a perennial cover crop, reseeded as necessary to assure uniform
growth and soil surface stabilization, shall be submitted.
(m)
A plan for lighting, if night operation is contemplated, shall
be submitted.
(n)
Proper provision shall be made for vehicular traffic, service
roads, control of entrances and exits to highways.
(o)
Provision shall be made for a substantial fence enclosing the
excavation or quarry where any excavation or quarry will extend under
original ground level or will have a depth of 10 feet or more and
create a slope of more than one foot in two feet. Such fence shall
be located 10 feet or more from the edge of the excavation or quarry,
and shall be at least six feet in height.
(p)
Provision shall be made for the submission to the Building Inspector
of as-built plans of all final grading and site-improvements.
(q)
The Planning Board may require the posting of a performance
bond, in such sum as it may determine to be reasonably necessary,
in order to insure compliance with the restrictions herein set forth,
and such other restrictions, conditions and safeguards as may be imposed
by the Planning Board.
(2)
Proposed reuse of the land after or during the removal of loam,
sand, gravel, quarry or other earth materials shall be submitted and
the following conditions shall apply:
(a)
The applicant shall submit engineering or architectural site
plans drawn at a scale of 40 feet to the inch prepared by a registered
professional engineer or architect showing all details as may be deemed
necessary by the Planning Board to meet the regulations for the proposed
reuse of the land or the type of buildings to be erected.
(b)
The Planning Board may require that up to three approved alternative
future land reuse plans be submitted for such land as is used for
the extraction of sand, gravel, rock, and associated earth materials.
It is recognized that land reuse of the removal areas is in the public
interest.
(c)
Said land reuse plan and its implementation applies to the conversion
of the abandoned site and its planned reuse. It is, therefore, required
that any land reuse plan correspond to a situation which could reasonably
occur in the immediate future (zero to five years) and revised as
required by the Planning Board as the existing physical character
of the removal area changes.
(d)
The land reuse plan or any part thereof which reasonably applies
to an area which has been abandoned from removal use shall be put
into effect within one year of the abandonment of said operation.
(3)
No permit of any type shall be issued for a future use of the
site until all of the conditions stipulated in the special permit
have been satisfied.
D.
Filling of any water, wet area or depression. The Planning Board,
as a special permit granting authority, and in conjunction with the
Conservation Commission, may issue a special permit for the filling
of any body of water, wet area or depression, provided that the following
conditions are met with respect to any particular parcel of land:
(1)
For the filling in of any pond, lake, swamp, or other existing body of water or wet area; and the filling in of any swale, valley or other area of depression, where 500 cubic yards or more, or where the area to be filled exceeds 10,000 square feet, the following conditions shall apply (Such conditions shall include, where applicable, prior approval of the Select Board and subsequent endorsement by the Conservation Commission.); see also § 255-11.3 of the bylaw:
[Amended 1-28-2023 STM by Art. 9]
(a)
Limitation of fill to terrace fills which are not to exceed
10 feet at any one time nor be within 10 feet of an adjacent lot line
or any cut.
(b)
Regrading of all or parts of the slopes resulting from such
fill.
(c)
Replacement of at least six inches of loam or topsoil over all
filled or otherwise disturbed surfaces and seeding with a perennial
cover crop, reseeded as necessary to assure uniform growth and soil
surface stabilization.
(d)
Provision for temporary and permanent drainage of the site.
(e)
The work hours of operation shall be designated.
(f)
Where any fill will have a depth of 10 feet or more and create
a slope of more than one foot in two feet, there shall be a substantial
fence enclosing the fill at least six feet in height with suitable
gates. Such fence shall be located 10 feet or more from the edge of
the fill.
(2)
Proposed reuse of the land during and after the filling-in shall
be submitted and the following conditions shall apply:
(a)
The applicant shall submit engineering or architectural site
plans drawn at a scale of 40 feet to the inch prepared by a registered
professional engineer or architect showing all details as may be deemed
necessary by the Planning Board to meet the regulations for the proposed
reuse of the land or the type of building to be erected.
(b)
The Planning Board may require that up to three approved alternative
future land reuse plans be submitted for such land as is used for
filling in. It is recognized that land reuse of the removal areas
is in the public interest.
(c)
Said land reuse plan and its implementation apply to the conversion
of the abandoned site and its planned reuse. It is, therefore, required
that any land reuse plan correspond to a situation which could reasonably
occur in the immediate future (zero to five years), and be revised
as required by the Planning Board as the existing physical character
of the removal area changes.
(d)
The land reuse plan or any part thereof which reasonably applies
to an area which has been abandoned for filling-in use shall be put
into effect within one year of the abandonment of said operation.
(3)
No permit of any type shall be issued for a future use of the
site until all of the conditions stipulated in the special permit
have been satisfied.
E.
Cluster residential development. The Planning Board, as a special
permit granting authority, may issue a special permit for the construction
of a cluster residential development, provided that the following
conditions are met with respect to any particular parcel of land:
(1)
For residential development in a cluster pattern subject to
the dimensional regulation less than the minimum required for the
development of an individual lot in the same district, the following
conditions shall apply:
(b)
Each individual lot shall be subject to all requirements for
a one-family detached dwelling in any R-25 District.
(c)
The total number of proposed lots in the development within
any district shall not exceed the number of lots which could be developed
under normal application requirements of the R-25 District. For purposes
of this section, it shall be assumed that a maximum of 80% of the
total tract area could be utilized to meet lot area requirements.
(d)
The development shall be served by a public water system.
(e)
The manner of sewage disposal shall be approved in writing by
the Board of Health.
(f)
At least 10% of the total tract area (of which at least 50%
shall not be wetland or over 5% slope land) shall be set aside as
common land and shall either be deeded to the Town or covenanted with
the Town to be maintained as permanent "open space" in private or
cooperative nonprofit ownership.
(g)
Such common land shall be deeded to and accepted by the Town
or permanently covenanted simultaneously with the Planning Board's
approval of the definitive subdivision plan.
(h)
Such common land shall be restricted to open space recreational
uses such as a tot lot, park, playground, playfield, golf course,
or conservation area.
(i)
Such common land shall have suitable access to a street.
F.
Planned unit development. The Planning Board, as a special permit
granting authority, may issue a special permit for the construction
of a planned unit development, provided that the following conditions
are met with respect to any particular parcel of land:
(1)
For development in a planned unit concept for uses including,
among others, residential, recreational, commercial, and institutional,
and not subject to the Table of Dimensional and Density Regulations,[3] the following conditions shall apply:
(b)
The following uses shall be permitted: residential (one-, two-,
and multifamily dwelling); community facilities (religious or educational;
membership club for exclusive use of the residents of the planned
unit development, public recreation or open space, fire station);
and commercial (retail or service establishment).
(c)
At least 20% of the land area shall be set aside as permanent
open space and offered to the Town for acceptance as public open space
or covenanted by the owner as public open space.
(d)
The remaining 80% of the land area may be developed for residential,
community facilities and commercial uses. No more than 5% of the total
residential gross floor area at any time may be devoted to commercial
gross floor area.
(e)
The residential net density within the developed area (80% portion)
shall not exceed 20 dwelling units per acre, not including streets.
(f)
At any one time not more than 30% of the total dwelling units
shall be of one type of bedroom composition.
(g)
Buildings shall be at least 50 feet from any district boundary
and at least 15 feet from any street line or parking area and at least
24 feet apart.
(h)
Buildings shall not exceed three stories in height.
(i)
The development shall be served by a public water system.
(j)
The manner of sewage disposal shall be approved in writing by
the Board of Health.
G.
Planned business development. The Planning Board, as a special permit
granting authority, may issue a special permit for a planned business
development, provided that the following conditions are met with respect
to any particular parcel of land:
(1)
For planned business development of land subject to maximum
building coverage more than the maximum permitted in the Table of
Density and Dimensional Regulations[5] and less than the parking requirements contained in the
Table of Off-Street Parking Regulations,[6] the following conditions shall apply:
(a)
The tract shall be in single or consolidated ownership at the
time of application and shall be at least five acres in size.
(b)
Uses shall be continued in one continuous building, except that
groupings of buildings may be allowed by special permit of the Planning
Board where such groupings are consistent with the safety of the users
of the development and are further consistent with the overall intent
of this section.
(c)
The gross area of the buildings shall not exceed 50% of the
total lot area.
(d)
The development shall be served by one common parking area and
by common exit and entrance areas.
(e)
Reduction in parking space requirements shall not exceed more
than 10% of those required under normal application of requirements
for the particular uses proposed.
(f)
The development shall be served by a public water system.
(g)
The manner of sewage disposal shall be approved in writing by
the Board of Health.
H.
Planned industrial development. The Planning Board, as a special
permit granting authority, may issue a special permit for the construction
of a planned industrial development, provided that the following conditions
are met with respect to any particular parcel of land:
(2)
Individual lot sizes shall not be reduced more than 10% below
that normally required for manufacturing or service industrial purposes
in the district.
(3)
The total number of establishments in the development shall
not exceed the number of establishments which could be developed under
normal application requirements of the district.
(4)
The permitted uses shall be limited to manufacturing or service
industrial uses, with the total use completely within the building.
(5)
The development shall be served by a public water system.
(6)
At least 10% of the total tract area (of which at least 50%
shall not be wetlands or over 5% slope land) shall be set aside as
common land and shall be either deeded to the Town or covenanted to
be maintained as permanent "open space" in private or cooperative
nonprofit ownership, or permanently covenanted simultaneously with
the Planning Board's approval of the definitive subdivision plan,
if any.
(7)
Such common land shall be restricted to open space, playfield,
golf course, or conservation area and shall have suitable access to
a street.
(8)
The manner of sewage disposal shall be approved in writing by
the Board of Health.
I.
Home occupations.
(1)
The Board of Appeals, as a special permit granting authority,
may issue a special permit for the use of a portion of a dwelling
unit for a home occupation, provided that the following conditions
are met:
(a)
The occupation or profession is carried out wholly within the
principal building, or within a building or structure accessory to
the principal building.
(b)
The occupation or profession occupies not more than 40% or 400
square feet, whichever of the two is the less, of the total net floor
area of the dwelling unit and any building or other structures accessory
thereto.
(c)
Not more than one person not a resident of the dwelling unit
shall be employed in the home occupation.
(d)
There shall be no exterior display or storage of materials and no other exterior indication of the use of the premises for other than residential purposes except for an exterior sign, either stationary or portable, as may be permitted by Article X of this bylaw.
(e)
No offensive noise, heat, smoke, dust, odor, vapor, vibration
or other deleterious side effects of such home occupation shall be
produced.
(f)
Sufficient space shall be provided so that all parking is accommodated
off-street.
(2)
In particular, a home occupation shall include, but is not necessarily
limited to, the following:
(3)
A home occupation is specifically intended not to include the
following uses:
J.
Temporary additional living quarters. The Board of Appeals, as a
special permit granting authority, may issue a special permit authorizing
the conversion and use of a portion of a single-family dwelling into
separate living quarters for a relative of the owner or owners. Said
permit shall be valid only for the occupancy of the premises by the
person for whom it is issued; upon cessation of occupancy by such
person, the permit shall lapse. If occupancy of the additional living
quarters is then desired by another relative of the owner or owners
a new application for a special permit authorizing such occupancy
shall be made. It is the intention of this provision that such additional
living quarters shall not be used as an apartment for hire, but only
as a convenience for a member of the owner's family, under special
circumstances, and it shall not exceed 770 square feet in gross floor
area. Special permits for temporary additional living quarters expire
at the departure of the person for whom the permit is issued or after
five years, whichever comes first.
K.
Scientific research, development, production. The Board of Appeals,
as a special permit granting authority, may issue a special permit
for uses, whether or not on the same parcel as activities permitted
as a matter of right, accessory to activities permitted as a matter
of right related to production, provided there is a finding that the
proposed accessory use does not substantially derogate from the public
good.
L.
Trailers used for storage.
(1)
Residential. The Building Inspector may issue a temporary zoning
permit authorizing temporary storage units. Such permit shall specify
the number of units authorized and the period of time of such authorization.
(2)
Commercial/Industrial/Business. The Planning Board, as special
permit granting authority, may issue a special permit authorizing
the temporary storage of one or more unregistered trailers, shipping
containers, mobile storage units or temporary structures. The permit
application shall include a site plan drawing showing the proposed
location and specify the number of storage units. The issued special
permit shall state the period of time of such authorization.
M.
Extension or alteration of existing structures or uses. The Board
of Appeals, as the special permit granting authority, may issue a
special permit for the extension or alteration of an existing building,
structure or use upon a specific finding by the Board that such change,
extension or alteration shall not be substantially more detrimental
than the existing nonconforming structure or use to the neighborhood.
O.
Wind energy conversion facilities.
(1)
General requirements.
(a)
Documentation. The applicant shall submit evidence of control
of the site and the clear areas and of the right to install and use
the facility when applying for the special permit.
(b)
General regulatory compliance. The applicant shall also demonstrate
that the tower meets all applicable local, state, and federal electrical,
construction, noise, safety, environmental and communication requirements.
(c)
Monitoring. After the WECF is operational, the applicant shall
submit annual reports to the Town covering data such as days of operation,
periods of feathered inoperation, amount of energy produced and its
distribution to local users or to the grid, and any signs of bird
kill.
(d)
Maintenance. The owner shall maintain the WECF in good condition,
including painting, structural integrity of the foundation and tower,
security barriers, and any landscaping of the clear area.
(e)
Ownership. The owner shall notify the Town of any proposed change
in ownership.
(f)
Closure.
[1]
If a WECF is scheduled to be discontinued, the owner shall notify
the Town of the proposed date by certified mail. Without such notification
or explanation of a period of inactivity, the WECF shall be considered
to be discontinued if it does not operate for 180 days. If the operator
does not report plans to restore the operation or to sell the facility,
it shall physically remove the WECF and leave the site in a natural
condition within 180 days. The SPGA may extend these periods at the
request of the owner.
[2]
To ensure removal of a permanently closed facility and restoration
of the site, the developer may be required to post a bond or other
surety sufficient to remove the facility and restore the site in a
condition satisfactory to the SPGA.
(g)
Filing requirements. These shall be as described below, with
special permits normally limited to 25 years, subject to renewal by
the SPGA.
(2)
Design standards for meteorological towers.
(a)
General. The applicant shall demonstrate that the siting and
design of the facility and any proposed mitigations minimize any negative
visual or aural impacts on nearby neighborhoods.
(b)
Allowed height: as required for effective research, subject
to engineering data and approval by the SPGA and to any applicable
Federal Aviation Administration (FAA) or Massachusetts Aeronautical
Commission (MAC) requirements, and to documented clear area guy wire
requirements.
(c)
Required setback or clear area: sufficient to accommodate the
guy wires of the meteorological tower and to prevent a collapsed tower
and equipment from crossing adjacent property lines, rights-of-way,
or habitable space, including parking areas potentially holding occupied
vehicles. This is equivalent to at least the height of the tower and
any extended boom holding the instruments, and shall be to the satisfaction
of the SPGA. Owner-occupied properties accommodating WECFs may remain
in occupied uses at the option of the owner. However, the clear area
setback requirements continue to apply within the rest of the defined
clear area.
[The guy wires typically require a greater area that a monopole
production tower, e.g., a one-hundred-thirty-one-foot tower would
require a one-hundred-thirty-five-foot radius clear area, and a one-hundred-sixty-foot
radius "guy diameter" according to the UMass Renewable Energy Research
Laboratory.]
(d)
Lights. Warning lights must be installed according to documented
FAA standards. Any other lighting shall shine down and be shielded
to avoid lighting the sky or shining on abutting properties.
(e)
Co-location. Meteorological towers may be used to accommodate
temporary telecommunications antennas when so doing would meet a public
purpose, and subject to all applicable regulations. The requirements
of such uses (e.g., to be below the instruments if needed to avoid
interference) may be considered by the SPGA when considering the allowable
height of a meteorological tower.
(3)
Design standards for production towers.
(a)
General. The applicant shall demonstrate that the siting and
design of the facility and any proposed mitigations minimize any negative
visual or aural impacts on nearby neighborhoods, or avian impacts.
(b)
Allowed height: as required for effective operations subject
to engineering data and approval by the SPGA and subject to any applicable
Federal Aviation Administration (FAA) or Massachusetts Aeronautical
Commission (MAC) requirements and consistent with meeting clear area
requirements.
(c)
Required setback or clear area: equivalent to the height of
the tower and an extended rotor or other equipment, and sufficient
to prevent a collapsed tower and extended rotor or other equipment
from crossing adjacent property lines, rights-of-way, or habitable
space, including parking areas potentially holding occupied vehicles,
and to prevent damage from thrown ice as defined by an engineering
study to the satisfaction of the SPGA. Owner-occupied properties accommodating
WECFs may remain in occupied uses at the option of the owner. However,
the clear area setback requirements continue to apply within the rest
of the defined clear area.
(d)
Lighting. Warning lights must be installed according to documented
FAA standards for lighting and marking. Other facility lighting shall
shine down to avoid lighting the sky and shall be shielded so as to
not spill over to abutting properties.
(e)
Colors. The tower and rotor shall be painted with a nonreflective
paint that blends with the sky and clouds unless the SPGA finds that
some other rotor color or pattern would better lessen any potential
bird injuries.
(f)
Co-location. WECFs may be used to accommodate telecommunications
antennas when so doing would reduce the need for multiple towers in
the vicinity, and subject to all applicable regulations. The requirements
of such uses (e.g., to be below the arc of the rotors if needed to
avoid interference) may be considered by the SPGA when considering
the allowable height of a WECF.
(g)
Antennas. Antennas shall be flush mounted where possible to
be in keeping with the approved design of the tower.
(h)
Ancillary equipment. All equipment needed to operate and monitor
the WECF or any telecommunications facility should be sited to avoid
visual clutter within the tower if possible, in a underground vault,
or in an adjacent separate structure.
(4)
Environmental standards.
(a)
Land clearing. WECFs and meteorological towers shall use previously
developed sites when possible and shall restrict land clearing to
that required for the facility and access drives.
(b)
Noise. The WECF and related equipment shall conform to the Massachusetts
Noise Regulations at 310 CMR 7.10 as applied by a qualified sound
engineer. [The UMass Renewable Energy Research Laboratory estimates
that the policy typically keeps turbines three times hub height from
residences or about twice the clear area required based on rotor tip
height.]
(c)
Shadowing/flicker. WECFs and meteorological towers shall be
sited to avoid significant shadow or flicker impacts on nearby residences
or such impacts shall be mitigated where unavoidable.
(d)
Sites in wetlands or floodplains shall follow the prescribed
procedures in this bylaw and the Wetlands Protection Act and related
regulations.
(e)
Avian impacts. Applications shall indicate the chance of significant
bird or bat impact according to a qualified wildlife biologist or
comparable authority regarding migration patterns, location of important
nesting or foraging areas for threatened or endangered species, or
the availability of prey attracting many raptors.
(5)
Application filing requirements. These shall be as described below, with special permits normally limited to one year: The application for a WECF shall follow the procedures in Article VII, Special Permits, but with the inclusion of the following information:
(a)
Documentation of control over the site and the clear area, and
of the right to install and use the facility when applying for the
special permit.
(b)
A one inch equals 40 feet vicinity plan showing the following
for the 300 feet around the (minimal 40,000 square feet, thirty-six-foot-diameter
circle) proposed site, or the height of the proposed WECF plus 36
feet, whichever is greater:
[1]
All property lines.
[2]
All buildings, roads and ways.
[3]
Elevations and two-foot contours.
[4]
Proposed changes, including existing and proposed contours,
land clearing and road construction.
[5]
Detailed representation of the proposed WECF showing all equipment,
structures and other alterations and improvements.
[6]
Existing tree cover, including average heights, and proposed
tree cover showing heights when planted.
[7]
Proposed security barriers, indicating their heights.
(c)
Two sightline representations showing the visibility of the
structure from the closest habitable structures, public roads, or
public spaces by superimposing the proposed facility on photographs
from the same viewing points and noting the elevation of the viewing
point.
(d)
A description of the materials to be used for all elements of
the facility and the proposed colors shown on a color board.
(e)
A proposed landscape plan showing present trees and shrubs,
and those proposed to be removed or added, identified by size/height
at installation.
(f)
A statement of existing and projected maximum noise levels at
the property line of the nearest habitable structures certified by
a qualified engineer and stating that the projections are accurate
and meet applicable local and state standards.
(g)
Indication of filed applications or pending applications to
the FAA and New England Power Grid as applicable.
(h)
A summary of the findings of any required studies such as bird/bat
impacts and noise impacts required above.
(i)
Evidence of bonding or other forms of surety sufficient for facility removal and site restoration in the case of permanent closure as defined in § 255-7.5.
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Note: The SPGA (special permit granting authority) may waive
part or all of the above requirements which it finds to be unnecessary
to understand and evaluate the proposed facility and its setting.
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