The provisions of this Article VI apply to actions in connection with nonconforming, special and accessory uses, structures, and lots as created by the initial enactment of this bylaw or by any subsequent amendment thereto.
[Amended 5-19-2008]
A.
Continuation of use. Any lawful building or structure or use of a building, structure or land or any part thereof existing at the time of adoption of this bylaw may be continued. A nonconforming building or structure shall not be structurally altered, enlarged or reconstructed except as hereinafter set forth.
B.
Re-establishment of nonconforming uses. Any building, structure or use of land devoted to a nonconforming use, or any building, structure or use of land considered a nonconforming use at the time of adoption of this bylaw may, if damaged or destroyed by fire or other accidental cause, be reconstructed or restored within the same portion of the lot as used before, provided that such reconstruction or restoration is started within 24 months following damage or destruction.
C.
Preexisting nonconforming structures or uses.
(1)
Any lawful preexisting nonconforming structures or buildings or uses may be reconstructed, extended or altered, provided that such alteration or extension does not create any new nonconformity, and further provided that no such reconstruction, extension or alteration shall be permitted unless the Zoning Board of Appeals determines, by special permit, that such reconstruction, extension or alteration shall not be substantially more detrimental than the existing nonconforming use or structure to the neighborhood. No special permit is needed if the reconstruction, extension or alteration is to be a nonconforming single- or two-family dwelling and said reconstruction, extension or alteration does not increase the nonconforming nature of the dwelling. In addition, no such building shall be added to, enlarged, or reconstructed to an extent greater than 50% of its area at the time of the adoption of this Bylaw or such amendment or except as provided for in [Section 4.7.2M].
(2)
Upon a determination by the Building Commissioner, the reconstruction, extension or alteration to a nonconforming single- or two-family residential structure shall not be considered an increase in the nonconforming nature of the structure and shall be permitted by right under the following circumstances:
(a)
Normal repairs or replacement of parts of any nonconforming structure does not constitute an extension of a nonconforming use of such structure;
(b)
The reconstruction, extension or alteration to a structure located on a lot with insufficient area complies with all current minimum setback requirements;
(c)
The reconstruction, extension or alteration to a structure located on a lot with insufficient frontage complies with all current minimum setback requirements;
(d)
The reconstruction, extension or alteration to a structure which encroaches upon one or more required setback areas complies with all other current minimum setback requirements; or
(e)
The reconstruction, extension or alteration to a structure occurs within the existing footprint of a nonconforming structure.
(3)
In the event that the Building Commissioner determines that the nonconforming nature of a single- or two-family residential structure would be increased by the proposed reconstruction, extension or alteration, the Zoning Board of Appeals may, by special permit, allow such reconstruction, extension or alteration where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.
D.
Non-use. Wherever a nonconforming use, as determined by state statute, has not been in use for a period of more than two years, it shall not be re-established and any future use shall conform with this bylaw, and any amendment thereto.
A.
Any use of land or subordinate building which is customarily incidental to that of the main building or use of land shall be permitted as a matter of right on the same lot with said principal use, or lot adjacent thereto in the same ownership, provided that such accessory use is not hazardous or detrimental to the property in the vicinity, and subject further to the following provisions. A parcel that is separated from the principal parcel only by a public or private way shall be considered adjacent for the purposes of this section. (See Figure A.6.3.[1])
[1]
Editor's Note: Figure A.6.3 can be found in the Appendix, which is included as an attachment to this chapter.
B.
Purpose. The purpose of this bylaw is to encourage accessory dwelling units as an alternative housing choice.
C.
Applicability. An accessory dwelling unit shall be permitted by right in zoning districts as delineated in the Schedule of Use Regulations if it is to be added to an existing dwelling unit, as long as it does not add to the footprint of the existing dwelling unit. If the accessory dwelling unit involves new construction that adds to the footprint or will alter the exterior of the structure, the applicant shall submit an application for a special permit to the Zoning Board of Appeals. The number of accessory dwelling units in a residential development created under the provisions of Article XI are limited by the provisions of that article.
D.
Requirements for accessory dwellings in all zoning districts. The following requirements apply in all zoning districts in which an accessory dwelling unit is permitted:
(1)
The accessory dwelling unit shall clearly be a subordinate part of the single-family dwelling.
(2)
One private off-street parking space shall be available for use by occupants of each accessory dwelling unit.
(3)
No new driveway or curb cut shall be created to service the accessory dwelling unit.
(4)
The accessory dwelling unit must be designed so that the appearance of the building remains unchanged, and there shall be no change to the facade of the house. Unless otherwise required by the Massachusetts Building Code, any new exterior stairs needed to provide primary or secondary means of egress for the accessory dwelling unit shall be located on the side or rear of the building.
(5)
The lot where the accessory dwelling unit is located shall conform to the minimum setbacks and frontage requirements in accordance with § 300-7.2, Table of Dimensional and Density Regulations.
(6)
Not more than one accessory dwelling unit shall be permitted in a single-family home.
(7)
The living space in an accessory dwelling unit shall not exceed a maximum of 750 square feet or 33% of the total square footage of the primary dwelling, whichever is smaller, and shall contain no more than two bedrooms. For purposes of this section, the computation of maximum floor area shall be limited to the principal residence and shall exclude the floor area in an attached or detached structure.
E.
Contractor's home base of operations. The use of property in connection with his trade by a resident plumber, carpenter, electrician, contractor, painter, etc. is a permitted accessory use, provided that no manufacturing or assembly work requiring substantial continuous employment shall be carried on, and provided that all storage shall be carried on within the principal building or within suitable accessory buildings. Standards from § 300-6.4 apply for parking.
F.
Home business office. The use of an area within a dwelling unit for use by a resident for conducting business by phone, mail, fax and which does not generate any traffic and has no employee outside the household is a permitted accessory use. (See § 300-6.5, Home-based business.)
G.
Dwellings accessory to commercial or industrial uses. If the particular use of a commercial or industrial property in the Industrial Zone is such that a caretaker or attendant is required to live on that property on a 24 hours a day/seven days a week basis, the Zoning Board of Appeals may grant a special permit to allow one dwelling unit on such commercial or industrial property or immediately adjacent to the property for the use of such caretaker or attendant and his/her family. Such a permit shall be supported by a finding by the Board which states in detail the use which requires such caretaker or attendant and the reasons that necessitate such a dwelling unit. Any such permit shall be limited to a period of not more than five years but may be renewed. Should such use change or be discontinued during such permit period, the dwelling space must be converted to nonresidential use or removed unless a new permit is granted.
[Added 5-19-2008]
Schedule of Accessory Use Regulations [Amended 5-19-2008] | ||||||||
|---|---|---|---|---|---|---|---|---|
Zoning Districts | ||||||||
R80 | R40 | R10 | C1 | C2 | I | PD | ||
A. | SP | SP | SP | N | SP | N | SP | |
B. | Accessory poultry or livestock for noncommercial use, private stable or kennel structure, nonprofit (See § 300-5.2D.): | |||||||
Under 5 acres | Y | Y | SP | SP | SP | SP | SP | |
5 acres and above | Y | Y | Y | Y | Y | Y | Y | |
C. | Accessory noncommercial agriculture, excluding poultry and livestock | Y | Y | Y | Y | Y | Y | Y |
D. | Home-based business | Y | Y | Y | Y | Y | N | Y |
E. | Wireless communications facility (WCF) (See § 300-6.8.): | Y | Y | Y | Y | Y | Y | Y |
Minor WCFs * only allowed if located on a water tank, or as a co-location on an existing wireless facility (building permit required) | ||||||||
Interior WCFs (building permit required) | Y | Y | Y | Y | Y | Y | Y | |
Major WCFs | SP | SP | SP | SP | SP | SP | SP | |
F. | Parking of heavy vehicle 26,000 pounds GVW or less (See § 300-6.4.) | Y | SP | SP | Y | Y | Y | SP |
G. | Parking of heavy vehicle over 26,000 pounds GVW (See § 300-6.4.) | SP | SP | SP | SP | SP | SP | SP |
H. | Parking of noncommercial passenger vehicles | Y | Y | Y | Y | Y | Y | Y |
I. | Kennel structure, hobby | Y | Y | SP | SP | SP | SP | SP |
J. | Dwelling accessory to commercial or industrial use (See Subsection A table above.) | N | N | N | N | N | Y | N |
K. | Solar energy collection system to produce energy to be consumed entirely on the premises (See § 300-6.11.) | Y | Y | Y | Y | Y | Y | Y |
Parking of not more than two heavy vehicles, other than noncommercial passenger vehicles, on residential property will be an accessory use and is subject to the conditions imposed by this section.
A.
Vehicles subject to this section include trucks over 10,000 GVW (even if registered as a passenger vehicle), tractor trailer units, buses, school buses, bulldozers, and other heavy off-road vehicles. Large sport utility vehicles and motor homes are noncommercial passenger vehicles.
B.
Weights specified in the accessory use table are gross vehicle weights (GVW) or gross combined weights (GCW) for tractor trailer units and will be determined according to the rules of the Massachusetts Registry of Motor Vehicles.
C.
The principal operator of the vehicle must be a resident of the property.
D.
Vehicles shall be parked so as not to be generally visible from the street. Visibility from abutting property is allowed only when the vehicle operator has obtained the written consent of the abutter. In the event a new person occupies the abutting property, a new consent shall be required.
E.
Such vehicles shall not be operated except to take them to or from the property. A vehicle may be allowed to idle as allowed by law. The use of a vehicle-mounted auxiliary engine for refrigeration or other purpose while the vehicle is parked shall require a special permit. Only minor repairs or service to such vehicles is allowed on site. Loading or off-loading of goods in transit is not permitted.
A.
Purpose. The purpose of this section is to allow residents of the Town of Winchendon to operate a home-based business as an accessory use in residence zones subject to the following conditions.
B.
Use regulations. Home-based businesses shall be allowed in Winchendon as an accessory use in residential zoning districts and the PD and C1 and C2 Districts, provided the following use conditions in Subsection C are met. Examples of a home-based business include, but are not limited to: professional offices, tax preparation, tutoring, real estate, insurance, and craft businesses.
C.
Use conditions.
(1)
No changes to the property may be made that will seriously deter its future use for completely residential purposes.
(2)
The principal operator of the business shall be a resident of the property.
(3)
Not more than 25% of the total floor area of the buildings may be used for the business.
(4)
The business does not create a nuisance to others in the area by reason of noise, odors, vibration, unsightly conditions, significantly increased traffic, improper disposal of wastes, or other reason.
(5)
Not more than two commercial vehicles whose gross vehicle weight does not exceed 10,000 pounds may be stored or parked out of doors on the property.
D.
Parking standards. Home-based businesses shall not generate nonresidential traffic or vehicle parking above and beyond what is normal for the typical residential occupancy for the area. A residential structure shall have not more than two parking spaces to serve the home business. Parking on the street without causing an inconvenience may be allowed. (See Article VIII.)
E.
Signage. Signs are permitted and shall conform to standards set forth in § 300-9.9C of this bylaw.
Mobile home parks and courts may be established by special permit in any residential district and shall be subject to site plan approval as per Article XII and to the following additional requirements:
A.
A parcel minimum of 15 acres.
B.
A lot minimum for each mobile home, including parking space and access drive, of 10,000 square feet.
C.
Lot frontage of not less than 75 feet.
E.
Each lot to be serviced with water, electricity and sanitary drainage suitable for permanent connection.
F.
Each mobile home to meet the requirements of Article II of the State Sanitary Code and any applicable regulations of the Winchendon Board of Health.
G.
Site plan to designate lots, roadways, vehicular access, parking facilities, water and sewerage systems, landscaping and streetlighting arrangements, and licensing, maintenance and operation of each mobile home park or court to be in accordance with the provisions of Chapter 140 of the General Laws of Massachusetts.
A.
Purpose. The purpose of this bylaw is to:
(1)
Minimize adverse visual and environmental impacts of wireless communications facilities, satellite dishes, antennas, and their support structures to abutting properties and traveled ways;
(2)
Provide dependable wireless communications service to all areas of the Town;
(3)
Minimize the overall number and height of such facilities to only those that are essential;
(4)
Promote the integration of such facilities with existing buildings and the shared use of existing tower facilities;
(5)
Reduce the need for new individual towers; and
(6)
Ensure the safety of such facilities.
B.
Permit requirements.
(1)
Minor wireless communications facilities shall be allowed by right in all zoning districts except residential districts. Minor facilities are allowed by right in a residential zone only if they are located on a water tank, or as a co-location on an existing wireless facility. The Town reserves the right to prohibit facilities on some or all municipal property by not issuing requests for proposals on undesirable sites. Building permits issued by the Building Commissioner shall be required for all minor WCFs prior to installation, and all such installations shall comply with all applicable provisions of these bylaws. Minor WCFs shall be considered accessory structures and uses.
(2)
Interior wireless communications facilities shall be allowed by right in all zoning districts. Building permits issued by the Building Commissioner shall be required for all such WCFs prior to installation, and all such installations shall comply with all applicable provisions of these bylaws.
(3)
Major wireless communications facilities are allowed only under a special permit granted by the Zoning Board of Appeals in accordance with the provisions of this bylaw. Major WCFs shall be considered principal uses and shall be subject to the minimum requirements of the zoning district in which they are located relative to lot size, frontage, and access, except as provided under Subsection D of this bylaw.
(4)
A permit shall not be granted for a tower or facility to be built on speculation.
C.
General standards for all WCFs.
(1)
An applicant who seeks to install its first WCF in the Town or to install a WCF not in conformity with its build-out plans previously provided shall provide the Town with:
(2)
Each year, on the anniversary of the issuance of the building permit and/or the special permit, the operator of each WCF shall submit to the Building Commissioner:
(a)
Certification of their compliance with all applicable federal and state requirements;
(b)
Certification of their possession of all necessary licenses to operate such a facility;
(c)
Certification that the WCF is still in use;
(d)
For towers on Town property, a certificate of insurance for liability coverage naming the Town as an additional insured;
(3)
For all WCFs, the operator shall maintain the WCF, including painted finish, security barrier, and landscaping, in good condition.
(4)
Applicants proposing to erect a WCF on municipally owned land or structures shall provide evidence of contractual authorization for such use from the Town department in charge of the property as part of their application.
(5)
The visual impacts of each WCF shall be minimized by employing the best available technology for the industry.
D.
Special permit applications.
(1)
No WCF or part thereof shall be erected or installed outdoors except in compliance with the provisions of this bylaw. The provisions of this § 300-6.8 shall apply to all WCFs, whether installed or erected as a principal or an accessory use, and to any additions to, or replacement of, existing WCFs.
(2)
Procedurally, the Zoning Board shall act on an application for a special permit for the placement of a WCF pursuant to MGL c. 40A, § 9. In issuing a special permit under this subsection, the Zoning Board may waive or otherwise reduce the effect of any requirements or prohibitions of any zoning bylaw; provided, however, any zoning bylaw limiting the number of permitted uses or structures on a lot shall not apply to a WCF authorized by this section. Any denial shall be in writing and supported by substantial evidence contained in the record.
(3)
The Zoning Board shall review the special permit application for conformance with the special permit review criteria as provided by § 300-13.6 of the Winchendon Zoning Bylaw and for conformance with WCF standards under this § 300-6.8. Where a WCF already exists and is a legally nonconforming structure or use, then any change, extension or alteration of the use or structure shall require a determination by the Zoning Board that the proposed change, extension or alteration is not more substantially detrimental to the neighborhood than the existing use or structure.
(4)
To make an informed review of an applicant's proposal, the Board shall request the following information:
(a)
A locus plan at a scale not smaller than one inch equals 200 feet showing all property lines, streets, landscape features, and all buildings within 500 feet of the facility. It shall show the exact location of the proposed facilities, including antennas, mounts, equipment shelters, security barriers, and parking. It shall also show all proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
(5)
The Zoning Board may also require existing ("before" condition) photographs and proposed ("after" condition) renditions. The "before" condition photographs shall illustrate what can currently be seen from any public road within 300 feet. The "after" condition renditions shall show the same view with the proposed facility superimposed.
(6)
The Zoning Board may require the applicant to pay reasonable fees for professional review of the applicant's proposal by a professional or radiofrequency engineer, attorney, or other qualified professional.
(7)
Any WCF located on or within an historic structure shall employ the best available technology for the industry to minimize any alteration to the character-defining features, distinctive construction methods, or original historic materials of the building and to completely conceal from view the proposed WCF. Any alterations made to an historic structure to accommodate the WCF shall require the approval of the appropriate Historical Commission and be fully reversible.
E.
General standards for towers. Any application for a WCF that includes a tower shall be subject to the following standards, in addition to those described for all WCFs.
(1)
Any application for a WCF that includes a tower shall be considered only after a finding by the Zoning Board that existing or previously approved towers, buildings, or structures cannot accommodate the proposed users. New towers shall be considered only upon a finding by the Zoning Board that:
(a)
The applicant has used reasonable efforts to co-locate its proposed WCF on existing or approved facilities; and
(b)
The applicant either was unable to negotiate commercially reasonable lease terms with the owner of an existing or approved facility that could accommodate the proposed facilities from both structural and radiofrequency engineering perspectives; or that no structure exists or is proposed.
(2)
A tower shall be either a freestanding monopole or be disguised as a naturally occurring object such as a tree or context-sensitive feature.
(3)
Any proposed tower shall be the minimum height necessary to accommodate the use. However, any new tower shall be of sufficient height to accommodate the antennas of at least two WCFs. The visual impact of the tower shall be minimized by use of the best available technology for the industry.
(4)
To demonstrate the visual impact of a proposed tower, the applicant shall fly a three-foot-diameter balloon or place a crane at the proposed site at the maximum height of the proposed tower on a weekend day between the hours of 12:00 noon and 3:00 p.m. The date and location of the demonstration shall be advertised at least 14 days, but not more than 21 days, before the demonstration in a newspaper of general circulation in the Town. Photographs of the demonstration showing the impact of the proposed tower on abutting streets, adjacent property owners and residential neighborhoods shall be submitted. If, during the demonstration, visibility is obscured by poor atmospheric conditions, the demonstration shall be repeated.
(5)
The tower site shall have access from a public road or through an adequate easement.
(6)
Landscaping shall be provided to screen the foundation and the equipment from abutting properties.
(7)
The maximum feasible amount of vegetation shall be preserved.
(8)
The tower site shall be suitably fenced to prevent unauthorized entry.
(9)
Lighting shall be limited to minimal security lighting, emergency lighting, and that required by federal, state or local regulations.
(10)
The applicant shall provide evidence that the tower meets the current structural standards for structural antenna towers and antenna support structures published by the Electrical Association/Telecommunications Industry Association.
(11)
Each tower site shall have at least one parking space, to be used in connection with the maintenance of the facility, and shall not be used for the storage of vehicles or other items.
(12)
WCF shall not generate noise in excess of 50dB measured at the site property line.
(13)
The WCF shall meet setback requirements for the zoning district in which it is located, unless the Zoning Board finds that a greater setback would be more appropriate for the facility and/or the surroundings.
(14)
A suitable "fall-zone" shall be provided at each site to ensure public safety. Suitability shall be determined through fact-finding by the Zoning Board. The fall-zone shall be within the required perimeter fence.
(15)
Towers shall not be sited in or within 500 feet of an historic district or where their location adversely impacts the visual aesthetics of an historic district.
(16)
There shall be a sign identifying the facility, the operator and an emergency telephone number where the operator can be reached at any time. Other permitted signs are "Danger/Warning" and "No Trespassing" signs. Advertising signs are prohibited. All signs must conform to Article IX of the Winchendon Zoning Bylaw.
(17)
For towers located on Town property, the operator shall execute an agreement with the Town whereby the operator indemnifies and holds the Town harmless against any claims for injury or damage resulting from or arising out of the use or occupancy of the Town-owned property by the operator.
(18)
For all towers, the operator shall execute an agreement with the Town whereby the operator will allow other carriers to lease space on the tower so long as such use does not interfere with the operator's use of the tower.
(19)
For all towers, the owner of the tower, which owner may be different from the owner of the land, shall execute an agreement with the Town whereby each operator shall, at its own expense, not more than one year after its use of the tower ceases, remove all of its WCFs thereon, and, if the tower is no longer used for WCF, shall remove the tower and restore the premises to its original condition, all at the owner's expense. To protect the Town's interest in the event that the owner or any operator breaches this agreement, the owner shall provide the Town with:
(a)
A bond in an amount sufficient to pay for this removal and restoration, which shall be kept current and effective; and
(b)
Written authority from the owner of record of the subject property to bind its successors and assigns to allow the Town to enter onto the subject property to perform this work.
F.
Standards for accessory buildings and structures.
G.
Exceptions. Amateur radio towers used in accordance with the terms of any amateur radio license issued by the Federal Communications Commission shall be exempt from the provisions of this bylaw, provided that the tower is not used or licensed for any commercial purpose.
A.
Purpose. The special regulations itemized in this section are for the purpose of preventing a concentration of adult use establishments in any one area of Town, to prevent the associated secondary effects of such establishments and to promote the health, safety and welfare of the citizens of Winchendon.
B.
Adult use establishments are permitted only in the Industrial (I) Zoning District with a special permit as herein provided.
C.
Adult use establishments require a special permit from the Zoning Board of Appeals. An applicant for a special permit to operate an adult use establishment must file an application on a form approved by the Zoning Board of Appeals, with the Zoning Board of Appeals and the Town Clerk. Such form shall require any information required by the Zoning Board of Appeals, but shall include as a minimum:
(1)
Name and address of the legal owner of the establishment;
(2)
Name and address of all persons having lawful, equity or security interests in the establishment;
(3)
Name and address of the manager(s);
(4)
The number of proposed employees, including performers;
(5)
Proposed security precautions;
(6)
Physical layout of the premises in a format established by the Zoning Board of Appeals;
(7)
The exact use(s) to be made of the premises.
D.
Adult use establishments require site plan approval from the Planning Board. The applicant for site plan approval for an adult use establishment must file an application on a form approved by the Planning Board, with the Planning Board and the Town Clerk. Such form shall contain any information required by the Planning Board, but shall include as a minimum:
(1)
Name and address of the legal owner of the establishment;
(2)
Name and address of all persons having lawful, equity or security interests in the establishment;
(3)
Name and address of the manager(s);
(4)
The number of proposed employees, including performers;
(5)
Proposed security precautions;
(6)
Physical layout of the premises in a format established by the Planning Board;
(7)
The exact use(s) to be made of the premises.
E.
Adult use establishments may be permitted under this section only on lots not less than three times the lot size required in the Industrial (I) Zone.
F.
Location. Adult use establishments may not be located less than 500 feet from the nearest lot line of:
(1)
Other adult use establishments;
(2)
A public or private nursery school or day-care center;
(3)
A public or private kindergarten;
(4)
A public or private school;
(5)
A playground;
(6)
A church or other place of worship;
(7)
An establishment serving alcoholic beverages which are consumed on its premises;
(8)
A hotel, motel, motor court or lodging house;
(9)
A residential zoning district or residence;
(10)
An establishment selling alcoholic beverages.
G.
A special permit granted under this section, pursuant to the provisions of the MGL c. 40A, § 9A, shall lapse within six months of issuance, not including the time required to pursue or await the determination of an appeal as allowed under MGL c. 40A, § 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause.
H.
The Zoning Board of Appeals shall apply the following criteria in the granting of a special permit under this section:
(1)
It shall determine that the proposed site will meet, or be altered to meet, all provisions of this Zoning Bylaw, including coverage, densities, buffer areas and parking requirements.
(2)
Appearance of buildings for adult uses shall be consistent with the appearance of buildings in similar (but not specifically "adult") uses in Winchendon, and shall not employ unusual color, graphics, lighting or building design which would attract attention to the premises.
(4)
Each special permit shall be issued with such conditions as may be required by the Zoning Board of Appeals and shall have at least the conditions specified below:
(a)
No one under the age of 21 shall be allowed on the premises.
(b)
"Obscene" merchandise or services shall not be available.
(c)
No one, including employees and patrons, shall be permitted on the premises while such person is unclothed or in such state of attire as may be considered "nudity" as that term is defined in MGL c. 272, § 31, except an entertainer hired by the owner thereof.
(d)
A uniformed police officer shall be on duty, at the expense of the owner, at any establishment when live entertainment takes place.
(e)
Use of unusual color, graphics, lighting, or building design which would attract attention to the premises is prohibited.
(f)
No hostess or other employees or persons may mingle with the patrons while such hostess or other person is unclothed or in such state of attire as may be considered "nudity" as this term is defined in MGL c. 272, § 31.
(g)
No person may be encouraged or permitted to engage in "sexual conduct", as that term is defined in MGL c. 272, § 31 on the premises of such establishment.
(h)
No person shall be employed or permitted to perform an act or acts, or to simulate an act or acts of "sexual conduct" or engage in any activity which may be considered causing or encouraging a state of "sexual excitement" as defined in MGL c. 272, § 31.
(i)
The permitted uses specifically exclude disseminating or offering to disseminate adult material or matter to minors or suffering minors to view displays of such matter or material.
(j)
Entertainers are required to remain in a designated area such as a stage during performances and are prohibited from mingling with patrons during their performance.
(k)
The sale or dispensing of alcoholic beverages is prohibited on a premises where an adult use establishment exists, except as otherwise permitted by the local licensing authorities following the issuance of an appropriate license therefor.
(5)
Noncompliance with any of the conditions of a special permit issued under this section shall be deemed a zoning violation. If more than three zoning violations occur within 30 days, forfeiture of all special permits issued hereunder shall occur, subject to review at a public hearing of the Zoning Board of Appeals and Planning Board, which may be a joint hearing at the request of either Board or the applicant. Repeated abuses (more than two public hearings in one year, 365 days) shall result in the revocation of all permits issued under this section. In the event of such revocation, the applicant may not reapply for five years from the date of such revocation.
I.
The Planning Board shall apply the following standards in the issuance of a site plan approval:
(1)
Appropriate landscaping and fencing buffers to protect neighboring properties from light and noise, and to restrict public access to the adjacent properties is required.
(2)
Lighting of the exterior of the building and parking lot to reduce congestion, improve public safety and increase visibility for public safety is required, as specified by the Town Safety Officer.
(3)
No displays or sexually explicit advertising shall be visible from areas used by the general public, including areas in and around the exterior of the establishment.
(4)
Adequate parking, entrances and exits from the public way(s) or other ways to which the public has access to or from the premises, including but not limited to safe and appropriate sight distances for a reasonably safe ingress and egress, shall be reviewed for public safety and to address traffic congestion.
[Added 5-19-2008]
A.
Purpose. The purpose of this section is to provide for the development and use of wind power as an alternative energy source, while protecting public health, safety and welfare, preserving environmental, historic and scenic resources, controlling noise levels and preventing electromagnetic interference.
B.
Applicability. Construction and use of a wind energy conversion system (WECS) or any part thereof shall comply with this bylaw.
C. COMMERCIAL WIND ENERGY SYSTEM (CWES) OVERALL ENGINEER-DESIGNED FALL ZONE RESIDENTIAL WIND ENERGY SYSTEM (RWES) WIND ENERGY CONVERSION SYSTEMS (WECS) WIND FARM WIND TURBINE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity greater than 10 kW.
The area on the ground, determined by a registered professional engineer, within a prescribed radius from the base of a WECS, typically the area within which there is a potential hazard from falling debris or collapsing material.
A wind energy conversion system consisting of a wind turbine, and associated control or conversion electronics, which has a rated capacity of not more than 10 kW, located on a single lot, intended as an accessory use in a designated residential district or in connection with any residential use in a designated commercial district. The rated capacity of not more than 10 kW can be increased at the discretion of the SPGA.
All equipment, machinery, and structures, whether underground, on the surface, or overhead, used to collect, transmit, distribute, store, supply, or sell energy derived from wind, including but not limited to wind turbines (rotors, electrical generators and towers), anemometers (wind measuring equipment), transformers, substations, power lines, control and maintenance facilities, and site access and service roads.
A collection of towers in the same location. See Subsection E(3) for allowance of more than one tower on the same lot or on contiguous lots held in common ownership.
A single device that converts wind to electricity or other forms of energy, typically consisting of a rotor and blade assembly, electrical generator, and tower with or without guy wires.
D.
Special permit granting authority. The Planning Board is hereby established as the special permit granting authority (SPGA) in connection with construction of wind energy conversion facilities (WECS). WECS are allowed in all districts by special permit. Special scrutiny will be given to WECS to be located in an historic district. The SPGA may grant a special permit only if it finds that the proposal complies with the provisions of this bylaw and is consistent with the applicable criteria for granting special permits.
E.
Development requirements. The following requirements apply to all wind energy conversion systems (WECS).
(1)
Proposed WECS shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, environmental and communications requirements.
(2)
WECS serving neighborhoods or multiple residences are encouraged; however, proposals shall be permitted as a CWES allowed in residential districts. If applicable, any necessary easements between property owners must be recorded.
(3)
RWES and CWES shall be limited to one tower per lot, including one tower per lot on contiguous lots held in common ownership. The SPGA may exceed this limit if the applicant can demonstrate that an additional number is necessary to serve the purposes of this bylaw and that the additional towers will not create an adverse impact in comparison to the siting of one tower as outlined in this bylaw with respect to factors including, but not limited to, noise [Subsection E(8)], shadowing/flicker [Subsection E(9)], visual impact [Subsection E(11)], and electromagnetic interference [Subsection E(12)].
(4)
Tower height.
(a)
CWES. Maximum height 300 feet. The SPGA may allow the height restriction to be exceeded as part of the special permit process if it finds that the applicant has demonstrated that additional height is needed and that increased height does not create a greater adverse impact than a facility built in compliance with this section with respect to factors including, but not limited to, noise [Subsection E(8)], shadowing/flicker [Subsection E(9)], visual impact [Subsection E(11)], and electromagnetic interference [Subsection E(12)].
(b)
RWES. Maximum height 150 feet. The SPGA may allow the height restriction to be exceeded as part of the special permit process if it finds that the applicant has demonstrated that additional height is needed and that increased height does not create a greater adverse impact than a facility built in compliance with this section with respect to factors including, but not limited to, noise [Subsection E(8)], shadowing/flicker [Subsection E(9)], visual impact [Subsection E(11)], and electromagnetic interference [Subsection E(12)].
(5)
Monopole towers are the preferred type of support.
(6)
Height calculation. Overall height of the wind turbine, including any roof-mounted wind turbine, shall be measured from the ground level (the land in its natural state prior to grading or filling) to the highest point reached by any part of the wind turbine.
(7)
Fall zone setbacks. (See Figure A.[1])
(a)
The minimum setback for the WECS shall be maintained equal to the overall engineer-designed fall zone plus 10 feet from all boundaries of the site on which the WECS is located.
[1]
No part of the WECS support structure, including guy wire anchors, may extend closer to the property boundaries than the standard structure setbacks for the zone where the land is located.
(b)
The SPGA may waive the fall zone setbacks in Subsection E(7)(a) if it determines that such a waiver does not derogate from the purpose of this bylaw, and is in the public interest. If any portion of the fall zone setback area referred to in Subsection E(7)(a) includes abutting property, in order for the SPGA to grant such a waiver, the applicant must present evidence that he or she has secured a permanent "fall zone easement" from the abutting property owner(s). The area of the "fall zone easement" shall be shown on all applicable plans submitted to the SPGA. The easement shall prohibit the placement of temporary or permanent buildings or structures within the "fall zone" and state that it is for the benefit of the applicant's property and that the easement shall run with the land and forever burden the subject property. The easement shall be recorded no later than 10 days from the grant of said waiver, and a copy of the recorded easement shall be provided to the SPGA promptly. In addition, the SPGA may waive the setback requirement in Subsection E(7)(a) for setbacks from a public way for good cause.
[1]
Editor's Note: Figure A is included at the end of this section.
(8)
Noise. The WECS and associated equipment shall conform to the Massachusetts noise regulation (310 CMR 7.10). If deemed necessary by the SPGA, an analysis, prepared by a qualified engineer, shall be presented to demonstrate compliance with these noise standards and be consistent with Massachusetts Department of Environmental Protection guidance for noise measurement.
(a)
Manufacturers' specifications may be accepted when, in the opinion of the SPGA, the information provided satisfies the above requirements.
(b)
If noise levels are determined to be excessive, the Zoning Enforcement Officer shall require the property owner to perform ambient and operating decibel measurements at the nearest point from the wind turbine to the property line of the complainant and to the nearest inhabited residence.
(9)
Shadowing/Flicker. The WECS shall be sited in a manner that does not result in significant shadowing or flicker impacts. The applicant has the burden of proving that a WECS does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
(10)
Prevention of access. The applicant/owner shall ensure that all related components of the WECS are protected from unlawful access. Climbing access to the tower shall be limited by the following methods: by placing climbing apparatus no lower than 12 feet from the ground and by installation of a six-foot-high fence with locked gate set back no less than 10 feet from the base of the WECS. (See Figure B.[3])
[3]
Editor's Note: Figure B is included at the end of this section.
(11)
Visual impact.
(a)
The applicant shall employ all reasonable means, including landscaping and alternative locations, to minimize the visual impact of all WECS components. All components of the WECS and its support structure shall be painted plain nonreflective muted colors without graphics or other decoration.
(b)
The WECS shall not unreasonably interfere with any scenic views, paying particular attention to such views from the downtown business area, public parks, natural scenic vistas or historic building or districts. WECS shall, when possible, be sited off ridgelines where their visual impact is least detrimental to scenic views and areas. In determining whether the proposed WECS will have an undue adverse impact on the scenic beauty of a ridge or hillside, the SPGA consider, among other things, the following:
[1]
The period of time during which the proposed WECS will be viewed by the traveling public on a public highway, public trail, or public body of water;
[2]
The frequency of the view of the proposed WECS by the traveling public;
[3]
The degree to which the view of the WECS is screened by existing vegetation, the topography of the land, and existing structures;
[4]
Background features in the line of sight to the proposed WECS that obscure it or make it more conspicuous;
[5]
The distance of the WECS from the viewing vantage point and the proportion that is visible above the skyline;
[6]
The number of travelers or vehicles traveling on a public highway, public trail, or public body of water at or near the critical vantage point; and
[7]
The sensitivity or unique value of the particular view affected by the proposed WECS.
(c)
To assist the SPGA in its review it may require the applicant to fly or raise a three-foot-diameter balloon at the maximum height of the proposed WECS at a location within 50 horizontal feet of the center of the proposed facility. The applicant shall provide photographs of the balloon test taken from at least four vantage points previously designated by the SPGA.
(12)
Electromagnetic interference. No WECS installation shall cause electromagnetic interference. The applicant may be asked to bring in consultants at his/her own expense to certify that the system will not cause interference. If neighbors can demonstrate that there is excessive interference, the Building Commissioner shall notify in writing the owner of the WECS to correct the violation. If the interference is not remedied within 30 days, the WECS shall remain inactive until the interference is remedied, which may include relocation or removal.
F.
Procedural requirements:
(1)
Site plan. A site plan must be submitted, prepared to scale by a registered land surveyor or civil engineer showing the location of the proposed WECS, distances to all property lines, existing and proposed structures, existing and proposed elevations, public and private roads, aboveground utility lines and any other significant features or appurtenances. Any portion of this section may be waived if, in the opinion of the SPGA, the materials submitted are sufficient for the SPGA to make a decision.
(a)
Vegetation. Existing vegetation must be shown, including average height of trees and any proposed vegetation removal on the subject property or abutting properties. The SPGA may also consider the height of vegetation at maturity.
(b)
Lighting. If lighting is proposed (other than required FAA lights), the applicant shall submit a plan indicating the horizontal footcandles at grade, within the property line and 25 feet beyond the property lines. The plan shall also indicate the locations and types of luminaires proposed.
(c)
The site plan shall be accompanied by any additional documentation necessary to provide a complete description of WECS, including technical, economic, environmental, and other reasons for the proposed location, height and design.
(2)
Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance in an amount and for a duration sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility.
(3)
Compliance with FAA regulations. WECS must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
(4)
Utility notification. No WECS shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(5)
Discontinuance.
(a)
A WECS shall be considered to be discontinued if it is not operated for a period of two years. Once a WECS is designated as discontinued, the owner shall be required to physically remove the WECS within 90 days of written notice. "Physically remove" shall include, but not be limited to:
[1]
Removal of WECS, any equipment shelters and security barriers from the subject property.
[2]
Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
[3]
Restoring the location of the WECS to its natural condition, except that any landscaping and grading shall remain in the "after" condition.
(b)
If the applicant fails to remove the WECS in accordance with the requirements of this subsection, the Town shall have the authority to enter the property and physically remove the facility at the owner's cost, which may include placing a lien on the property and/or taking other actions.
(6)
Modifications. All modifications (excluding routine repairs and maintenance) to a WECS made after issuance of the special permit shall require approval by the SPGA.
(7)
Professional fees. The SPGA may retain a technical expert/consultant to verify information presented by the applicant. The cost for such a technical expert/consultant will be at the expense of the applicant.
(8)
Unsafe installation. Should a WECS be deemed unsafe by the appropriate Town authority because of its construction or condition, it shall be repaired or removed at the owner's expense.
Figure A: Wind Energy Conversion System (Illustrative Example Only)  | A = Overall Height of WECS. Maximum height of a residential WECS is 150 feet and maximum height for a commercial WECS is 300 Feet. Maximum height may be exceeded as part of the special permit process if there is a demonstrated need. |
B = Fall Zone Setback: A minimum of the overall engineer-designed fall zone plus 10 feet. This setback does not apply to any residential or commercial structure that is owned by the applicant. | |
C = Standard Structure Setback. |
A = Six-foot-high fence with locked gate set back no less than 10 feet from the base of the WECS. | Figure B: Wind Energy Conversion System (Illustrative Example Only)  |
B = Fall Zone Setback: A minimum of the overall engineer-designed fall zone plus 10 feet. This setback does not apply to any residential or commercial structure that is owned by the applicant. | |
C = Standard Structure Setback. |
[Added 5-24-2010]
A.
The purpose of this bylaw is to promote the creation of solar energy collection systems to further the goal of making Winchendon a sustainable community as provided in § 300-1.1B(2) of this bylaw. This section seeks to provide standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.
B.
Solar energy collection systems are permitted as follows:
(1)
Solar energy collection systems which produce energy to be used exclusively on the premises and systems which generate electricity that is sold to the electric utility, provided the site is/will be a net purchaser of electricity, are permitted by right in all zones as an accessory use. This shall include recharging electric automobile batteries on site.
(2)
Solar energy collection systems which are mounted on buildings are allowed by right in all zones.
C.
The construction or installation of any solar energy collection system shall require a separate building permit.
D.
The construction and operation of all solar energy collection systems shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of the installation shall be constructed in accordance with the State Building Code.
(1)
Lots containing solar energy collection systems shall conform to the lot area and setback requirements for the zone in which it is located.
(2)
The Planning Board may require the installation of wooded natural buffers to restrict visual impacts on abutting residential properties and roadways. In those cases where a required wooded buffer would shade the collectors, the Planning Board may allow substitution of a fence and a grassed buffer.
[Amended 5-20-2019 ATM by Art. 20]
F.
In addition to the other requirements for site plan review, each application shall include:
(1)
One- or three-line electrical diagram (if electrical generation is proposed) detailing the solar installation, associated components, and electrical interconnection methods, with all National Electrical Code and National Electrical Safety Code compliant disconnects and overcurrent devices;
(2)
Documentation of the major system components to be used, including the collector panels, mounting system, and appurtenant devices;
(3)
A statement bearing the seal of a licensed professional engineer stating the measured normal pre-construction noise levels at points (generally 100 feet apart) along the property lines and the expected operational noise levels at the same locations. Particular attention shall be paid to property lines abutting developed sites. A properly calibrated sound level meter meeting ANSI Class 2 standards shall be used for all measurements;
(4)
Name, address, and contact information for proposed system installer;
(6)
Proof of liability insurance; and
G.
If the area where the collector panels are installed is so designed that all stormwater will be returned to the soil within the area, the whole area will be considered as pervious area. Otherwise, the actual ground area covered by collector panels will be considered impervious.
H.
A low-impact development permit under Chapter 190 of the General Bylaws will be required for solar energy collection systems.
I.
Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the installation, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.
J.
Utility notification. No installation proposed to generate electricity for use off site shall be approved until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar installation owner's or operator's intent to install an interconnected customer-owned generator.
K.
Appurtenant structures. All appurtenant structures to installations, including, but not limited to, equipment shelters, storage facilities, transformers, substations, pumps, and turbines, shall be included in the required site plan review and shall be evaluated based on the criteria in § 300-12.6. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
L.
Design standards. Solar energy collections systems shall be surrounded by a chain-link or similar fence adequate to prevent entry by unauthorized persons.
(1)
If the noise level measured at any property line of the system in normal operation is more than 10 db greater than the reported pre-construction noise level at the same location, sound-deadening measures may be required as a condition of allowing further operation of the system.
(2)
Each installation shall have a sign showing the name and address of the operator thereof and a telephone number where a responsible representative of the operator may be reached at any time.
(3)
Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
M.
Safety and environmental standards.
(1)
Emergency services. The system owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the system shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation. This contact information and telephone number shall also be provided to the local emergency dispatch center.
(2)
Solar energy collection system conditions. The installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the installation and any access road(s), unless accepted as a public way.
N.
Modifications.
(1)
All material modifications to a solar energy collection system installation made after approval of the site plan shall require a modification of the approval.
(2)
The Planning Board shall review each site plan at intervals of not less than five years and may, after public notice and hearing, modify the approved plan to insure the public safety and compliance with the Town bylaws and regulations.
O.
Abandonment or decommissioning. Any installation which has reached the end of its useful life or has been abandoned as defined in Subsection Q of this bylaw shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
P.
Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
Q.
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the installation shall be considered abandoned when the system fails to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.
R.
Financial surety. Operators of installations shall provide security, either escrow account, bond, or otherwise, to cover the cost of removal of the system in the event the Town must remove it and remediate the landscape. The form and amount of the security shall be determined by the Planning Board, The amount of the security shall reasonably reflect the anticipated cost of such removal and remediation. If the Board and the operator disagree, it shall be determined by a disinterested and qualified independent engineer. Such surety will not be required for municipally or state-owned facilities. The amount shall include a mechanism for calculating increased removal costs due to inflation.
[Added 5-21-2018 ATM by Art. 22]
A.
Purpose. The purpose of this bylaw is:
(1)
To provide for the limited establishment of medical/adult use marijuana facilities (collectively known hereafter as "marijuana facilities") in appropriate places for such use and under conditions in accordance with Chapter 334 of the Acts of 2016, entitled, "Regulation and Taxation of Marijuana Act", as amended by Chapter 55 of the Acts of 2017, "An Act to Ensure Safe Access to Marijuana", and all regulations which have or may be issued by the Department of Public Health (DPH) and the Cannabis Control Commission (CCC), including, but not limited to, 105 CMR 725.00 et seq. and 935 CMR 500.00 et seq.
(2)
To minimize the adverse impacts of marijuana facilities on adjacent properties, residential neighborhoods, schools and other places where children congregate, and other land uses potentially incompatible with marijuana facilities.
(3)
To regulate the siting, design, placement, safety, monitoring, modification, and removal of marijuana facilities.
(4)
To limit the overall number of marijuana facilities in the Town of Winchendon to what is essential to serve the public convenience and necessity.
B.
Applicability; severability.
(1)
The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use or adult use is prohibited unless licensed by all applicable Massachusetts licensing authorities and permitted as a marijuana facility under this bylaw.
(2)
No marijuana facility shall be established except in compliance with the provisions set forth herein.
(3)
If any provision of this section or the application thereof to any person, establishment, or circumstance shall be held invalid, such invalidity shall not affect the other provisions or application of this section, and to this end the provisions of this section are severable.
D. DESIGNATED CONTACT PERSONS INDEPENDENT TESTING LABORATORY LOCKED AREA MARIJUANA MARIJUANA CULTIVATOR MARIJUANA FOR ADULT USE MARIJUANA FACILITY MARIJUANA FOR MEDICAL USE MARIJUANA PRODUCT MANUFACTURER MARIJUANA PRODUCTS MARIJUANA RETAILER MEDICAL MARIJUANA TREATMENT CENTER NONMEDICAL MARIJUANA
Definitions. Any term not specifically defined herein shall have the meaning as defined in 105 CMR 725.00 and 935 CMR 500.00, as such regulations may from time to time be amended.
Any and all persons whose names appear on the special permit and formal site plan approval applications as the applicant's designee.
An entity licensed to test marijuana and marijuana products.
An area equipped with locks or other security devices, which is accessible only to consumers 21 years of age or older, employees or owners of a marijuana facility or agents thereof, registered qualifying patients that are 18 years of age or older, or caregivers.
The same substance defined as "marihuana" or "marijuana" under MGL c. 94C and c. 94G.
An entity licensed to cultivate, process and package marijuana, and to transfer marijuana to other marijuana facilities, but not to consumers.
Marijuana that is regulated by 925 CMR 500.00 and cultivated, processed, manufactured, transported or sold for recreational purposes for individuals 21 years of age or older.
A commercial marijuana cultivator, independent testing laboratory, product manufacturer, research facility, transporter, retailer, or any other type of licensed marijuana-related business, including a marijuana treatment center.
Marijuana that is regulated by 105 CMR 725.00 and designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions.
An entity licensed to obtain, manufacture, process and package marijuana and marijuana products and to transfer these products to other marijuana facilities, but not to consumers.
Products that have been manufactured and contain marijuana or an extract from marijuana, including, but not limited to, concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
An entity licensed to purchase and transport marijuana and marijuana products from marijuana facilities and to sell or otherwise transfer marijuana and marijuana products to marijuana facilities and to consumers.
An entity register under 105 CMR 725.100 that acquires, cultivates, possesses, processes, transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana for medical use, related supplies, or educational materials to registered qualifying patients or their personal caregivers.
Any marijuana that is not regulated by 105 CMR 725.00 and designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions.
E.
Eligible locations for marijuana facilities.
(1)
Nonretail marijuana facilities, which shall include a marijuana cultivator, product manufacturer, independent testing laboratory, research facility, transporter of marijuana and medical marijuana treatment centers, engaged in any of the above-listed nonretail uses may be permitted in certain zoning districts pursuant to a special permit and site plan approval as set forth in the Zoning Bylaw, § 300-5.2, Schedule of Use Regulations, Subsection H.
(2)
Adult Use/Medical Marijuana Facilities Retail Overlay District.
(a)
Establishment.
[1]
The Medical/Adult Use Marijuana Facilities Retail Overlay District (the "MFROD") is hereby established and is identified on the Town of Winchendon Zoning Map. The boundaries of the MFROD are shown on the Zoning Map on file with the Town Clerk.
[2]
Within the MFROD, all requirements of the underlying zoning district remain in effect, except where these regulations provide an alternative to such requirements. Land within the MFROD may be used for adult use marijuana retailers and medical marijuana treatment centers engaged only in the dispensing of medical use marijuana for retail sale, in which case the requirements set forth in this section shall apply; or a use allowed in the underlying district, in which case the requirements of the underlying district shall apply. If the provisions of the MFROD are silent on a zoning regulation, the requirements of the underlying district shall apply. If the provisions of the MFROD conflict with the requirements of the underlying district, the requirements of the MFROD shall control. A medical marijuana treatment center that is proposing to operate all of the uses permitted under its license in a single location will be permitted only on sites located within the MFROD.
F.
Application requirements for all marijuana facilities.
(1)
All marijuana facilities shall be subject to the application requirements set forth in Rules and Regulations for the Review and Approval of Site Plans and Site Development in Winchendon, Massachusetts for formal site plan review.[1]
(a)
In addition to the application requirements set forth in the Regulations for Site Plan Review, a special permit/site plan application for a marijuana facility shall also include the following:
[1]
A statement from the applicant, setting forth the following information:
[a]
The name and address of each owner of the facility;
[b]
The source of all marijuana that will be sold or distributed at the marijuana facility, if applicable;
[c]
The source of all marijuana that will be cultivated, processed, and/or packaged at the marijuana facility, if applicable;
[d]
The quantity of marijuana that will be cultivated, processed, packaged, sold and/or distributed at the marijuana facility; and
[e]
Plans must show all proposed security measures for the marijuana facility, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft.
[2]
If the applicant is a nonprofit organization, a copy of its Articles of Organization, a current Certificate of Legal Existence from the Secretary of the Commonwealth, and the most recent annual report; if the applicant is a for-profit corporate entity, a copy of its Articles of Incorporation or equivalent documents, a current Certificate of Legal Existence from the Secretary of the Commonwealth, and the most recent annual report; if the applicant is a public agency.
[3]
CCC licensing is not required at time of submission of a special permit application; however, issuance of a special permit shall be conditioned on the applicant's receipt of a provisional license from the CCC, and no operations shall commence prior to the CCC's issuance of a final license.
[Amended 5-20-2019 ATM by Art. 21]
[4]
A detailed floor plan of the premises of the proposed marijuana facility that identifies the square footage available and describes the functional areas of the facility, along with a deed, lease, purchase and sale agreement or other legally binding document for the site of the proposed marijuana facility.
[5]
The resume(s) of the applicant, including company history, references, and relevant experience, where applicable.
(2)
Additional requirements.
(a)
Use requirements.
[1]
No marijuana shall be smoked, eaten, or otherwise consumed or ingested on the premises of any marijuana facility absent a positive vote by ballot question presented to the voters of the Town at a biennial state election pursuant to MGL c. 94G, § 3(b). The prohibition on on-site consumption shall also include private social clubs or any other establishment which allows for social consumption of marijuana or marijuana products on the premises, regardless of whether the product is sold to consumers on site.
[2]
Marijuana facilities shall provide the special permit granting authority and all abutters located within 500 feet of the marijuana facility with the name, phone number and email address of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the establishment.
[3]
The hours of operation of retail marijuana facilities shall be set by the special permit granting authority.
(b)
Limitation on number of retail marijuana facilities. No more than three adult use marijuana retailers and no more than one medical marijuana treatment center retail dispensary shall be permitted to be located in the Town of Winchendon.
(c)
Locational and physical requirements.
[1]
All aspects of a marijuana facility relative to the acquisition, cultivation, possession, processing, sales, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the business.
[2]
No outside storage of marijuana, related supplies, or educational materials is permitted.
[3]
No retail marijuana facility shall have a gross floor area accessible to patients or customers which is in excess of 2,500 square feet. Space which is dedicated to administration or operations and is accessible only to employees of the retail marijuana facility shall not be included in this limitation.
(e)
No use shall be allowed at a marijuana facility which creates a nuisance to abutters or to the surrounding area, or which creates any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive sound or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.
(f)
Buffer. No part of any marijuana facility, excluding areas designated for parking, shall be located within 500 feet of any of the following preexisting uses:
[Amended 5-20-2019 ATM by Art. 22]
[1]
Any public or private school providing education in kindergarten or Grades 1 through 12;
[2]
Any drug or alcohol rehabilitation facility;
[3]
Any correctional facility, half-way house, or similar facility; or
[4]
Any playground or athletic fields, recreational facilities, youth centers such as a YMCA, and parking areas for the bike path, or similar facility in which children commonly congregate.
(g)
The distance specified above shall be measured by a straight line from the point of the front door for which the proposed marijuana facility is to be located to the property line of the facility in question.
(h)
No marijuana facility shall be located inside a building containing residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a van or truck.
(i)
Signage for marijuana facilities will be subject to Town of Winchendon Zoning Bylaw Article IX and the provisions for marketing set forth in 935 CMR 500.105(4).
G.
Reporting requirements.
(1)
All special permit holders for uses under this section shall provide the Police Department, Fire Department, Building Commissioner, Board of Health, and special permit granting authority with the names, phone numbers, mailing and email addresses of all management staff and key-holders, including a minimum of two operators or managers of the facilities identified as designated contact persons to whom notice should be made if there are operating problems associated with any use under this section. All such contact information shall be updated as needed to keep it current and accurate.
(2)
The designated contact persons shall notify the Police Department, Fire Department, Building Commissioner, Board of Health and special permit granting authority in writing a minimum of 30 days prior to any change in ownership or management of a facility regulated under this section.
(3)
All marijuana facilities shall file an annual report with the special permit granting authority, and the owner or operations manager for the marijuana facility shall appear before said authority to present the report no later than January 31 of each year, providing a copy of all current applicable state licenses to demonstrate continued compliance with the conditions of the special permit.
(4)
Within 24 hours of contact by a municipal official concerning the operation of a marijuana facility, the designated contact persons shall be required to respond by phone or email to any such inquiry.
H.
Transfer/Discontinuance of use.
(1)
A special permit granted under this section is nontransferable and shall have a term limited to the duration of the applicant's ownership or leasing of the premises as a marijuana facility.
(2)
Any marijuana facility permitted under this section shall be required to remove all material, plants, equipment and other paraphernalia upon registration or licensure revocation, expiration, termination, relocation to a new site or any other cessation of operation as regulated by the CCC or DHP in compliance with applicable state regulations.
I.
Outside consultants and review fees.
(1)
An outside consultant review escrow deposit shall accompany the application for special permit. The escrow for review fees is intended to cover the Planning Board's potential cost of hiring consultants to review the applicant's compliance with the special permit requirements under this bylaw, to include provisions set forth in the Winchendon Planning Board's site plan rules and regulations in Chapter 420, Site Plan Review, § 420-6.2B, and may include legal counsel. The initial escrow deposit amount shall be set by the special permit granting authority on a case-by-case basis, when such consultants or counsel are deemed necessary. Any unexpended monies in the escrow account will be returned to the applicant only after all obligations are satisfied. Failure to fulfill escrow requirements may render an application incomplete and be considered sufficient grounds for its denial.
(2)
The applicant may appeal the selection of a consultant(s) whose fees are to be paid from the escrow deposit to the Board of Selectmen. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist of either an educational degree in or related to the field at issue or three or more years of practice in the field at issue or a related field. Pursuant to MGL c. 44, § 53G, the required time limits for action upon the application by the special permit granting authority shall be extended by the duration of the appeal. If no decision is made by the Board of Selectmen within one month following the filing of the appeal, the special permit granting authority's selection shall stand.
J.
Findings. The special permit granting authority shall not issue a special permit for a marijuana facility unless it finds that:
(1)
The facility is designed to minimize any adverse visual impacts on abutters and other parties in interest, as defined in MGL c. 40A, § 11;
(2)
The facility has received a provisional certificate of registration or provisional license from the appropriate licensing authority and is in compliance with all applicable state laws and regulations;
(3)
The applicant has provided a copy of a signed host agreement with the Town of Winchendon, in accordance with MGL c. 94G;
(4)
The applicant has provided adequate security measures to protect the health and safety of the public, and that the storage and/or location of cultivation of marijuana is adequately secured in an enclosed, locked area;
(5)
The applicant has adequately addressed issues of vehicular and pedestrian traffic, circulation, parking and queuing, especially during peak periods at the facility.
K.
Waiver. The Planning Board may, in its discretion, waive or modify any of the requirements set forth in this section, if the Board determines that such a waiver does not derogate from the purpose of this bylaw, and is in the public interest.
L.
Violations. Any violation of this section shall be grounds for revocation of a special permit issued under this section.