A.
For the purpose of this bylaw, the Town of Hull is hereby divided
into the following classification of use districts:
|
Single-Family Residence District A
|
|
Single-Family Residence District B
|
|
Single-Family Residence District C
|
|
Townhouse Residence District
|
|
Multi-Family Residence District A
|
|
Multi-Family Residence District B
|
|
Mixed Use Residential District
|
|
Business District
|
|
Waterfront District
|
|
Commercial Recreation District A
|
|
Commercial Recreation District B
|
|
Commercial Recreation District C
|
|
Public Open Space District
|
|
Flood Plain District
|
|
Conservation District
|
|
Wireless Communication Services District
|
B.
Boundaries
(1)
The boundaries of the districts shall be the sidelines of the
streets, property or lot lines, or other lines shown on the map entitled
"Building Zone Map of Hull, Massachusetts", on file in the office
of the Building Commissioner, which map is hereby adopted and made
a part of this bylaw. This map is open for Inspection during regular
office hours and copies are made available to those desiring them.
(2)
Where boundaries are indicated as property or lot lines and
the exact position of such lines is not justified by measurements,
the true location thereof shall be taken as the boundary lines. Where
boundary lines are fixed by distance from the street, property or
lot lines, such measurements shall control.
(3)
Whenever any uncertainty exists as to the exact location of
a boundary line, the location thereof shall be determined by the Building
Commissioner; provided, however, that any person affected by his decision
thereon may appeal to the Board of Appeals as hereinafter provided.
C.
Uses
(1)
These zoning bylaws shall not prohibit, regulate or restrict
the use of land or structures for religious purposes or for educational
purposes on land owned or leased by the Commonwealth or any of its
agencies, subdivisions or bodies public or by a religious sect or
denomination, or by a non-profit educational corporation, except as
provided by law.
(2)
In all districts, 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, which activities are necessary in
connection with scientific research or scientific development or related
production, may be permitted upon the issuance of a special permit,
provided the Board of Appeals finds that the proposed accessory use
does not substantially derogate from the public good.
(3)
These zoning bylaws shall not prohibit, unreasonably regulate
or require a special permit for the use of land for the primary purpose
of agriculture, horticulture or floriculture, nor shall they prohibit
or unreasonably regulate the expansion or reconstruction of existing
structures thereon for the primary purpose of agriculture, horticulture
or floriculture, except that all such activities shall be limited
to parcels of at least five acres.
(4)
Except as provided in Massachusetts General Laws, Chapter 40A,
or in this bylaw, no building, structure or land shall be used except
for the purpose(s) permitted in the district as described in this
section. Any use not listed shall be construed to be prohibited.
A.
Permitted uses for Single-Family Residence Districts A, B, and C.
(1)
Detached single-family dwellings.
(2)
Religious, educational or municipal uses.
(3)
Renting of sleeping rooms for not more than three persons in
a dwelling regularly occupied by the owner for residential purposes.
(4)
Accessory uses customarily incidental to a permitted main use on the same premises, including the use of a room or rooms for customary home occupations conducted by resident occupants, and involving no change in the customary external appearance of the premises or other visible evidence of the conduct of such home occupation other than one announcement sign as provided in § 410-7.1B(1), and provided that (a) such office or studio is open to clients by appointment only, (b) no more than two other persons are regularly employed on the premises in connection with such use (c) material, equipment, or products shall not be visible from the street, and (d) the sale of any articles is limited to those produced on the premises and related to the permitted home occupation. Said customary home occupations include, but are not limited to the following: Professional office or studio of a resident physician, dentist, attorney, architect, contractor, accountant, artist, engineer, real-estate or insurance broker, art dealer, interior decorator, appraiser, or member of another recognized profession.
(5)
Family day-care homes as provided for and defined in Massachusetts
General Law, Chapter 28A, Section 10,[1] as amended, subject to the provisions of § 410-4.6, Guidelines for issuance of special permit for family day care home of this zoning bylaw.
[1]
Editor's Note: This section of state law was repealed by St.
2008, Ch. 215, § 43, effective 7-31-2008. See now MGL c.
15D, § 1A.
B.
Dimensional and Intensity Regulations for Single-Family Residence
Districts A, B, and C
(4)
The common property line between two existing non-conforming
parcels may be changed to provide access along the property line between
the two parcels, provided that no building may be closer than five
feet to the revised line and the houses located thereon are no closer
than 15 feet apart, that no conforming lot shall become non-conforming
thereby, and that a special permit for such action is issued by the
Zoning Board of Appeals. (Amendment added, Annual Town Meeting, May
5, 2003)
C.
General Regulations for Single-Family residence Districts A, B, and
C.
(1)
Site plan review, subject to the provisions of § 410-4.1, Site plan review of this zoning bylaw, shall apply to new buildings and/or structures which involve non-residential uses or multi-family uses for three or more residential units, and expansions or changes in use of existing buildings which will result in 5,000 or more square feet of gross floor area.
(2)
Land undergoing construction and/or development, and regrading is subject to the provisions of § 410-6.4, Grading, drainage, erosion and sediment control of this zoning bylaw.
(3)
No building or structure or portion thereof constructed or adapted for a retail, mercantile or industrial use shall be occupied as a residence or place of human habitation unless properly altered to meet the provisions of this § 410-3.2, Single-Family Residence District of this zoning bylaw in effect at the time of said construction or adaptation as they relate to residential use.
(4)
Garden sheds not requiring a permanent foundation or concrete
slab, and no more than 80 square feet gross floor area, and less than
eight linear feet in height shall not require a permit. Such sheds
may not be constructed in the front setback area nor closer than three
linear feet to any interior lot lines.
(5)
No building shall be constructed within 10 feet of a publicly
owned seawall.
(6)
No structure(s) shall be built closer than 25 feet from the
top edge of a cliff that is greater than 20 feet in height unless
said cliff is certified as stable by a registered geologist or registered
engineer.
A.
Permitted uses for Multi-Family Residence Districts and Townhouse
Residence District
(1)
Multi-Family Residence Districts A
(a)
Multi-family residential uses.
[Amended 5-2-2022 ATM by Art. 11]
(b)
Garden apartments and town houses.
[Amended 5-2-2022 ATM by Art. 11]
(c)
Convalescent, nursing, or rest homes under special permit by
the Board of Appeals as governed by Chapter 40A, Massachusetts General
Law.
(d)
Boat and boat equipment storage, subject to the requirements of § 410-4.4, Boats and boat equipment storage of this zoning bylaw.
(e)
Any use permitted in § 410-3.2A of this zoning bylaw subject, however, to the provisions of § 410-3.2B(2) as they pertain to Single-family Residence District B.
(2)
Multi-Family Residence Districts B
(a)
Multi-family residential uses.
[Amended 5-2-2022 ATM by Art. 11]
(b)
Garden apartments and town houses.
[Amended 5-2-2022 ATM by Art. 11]
(c)
Convalescent, nursing, or rest homes under special permit by
the Board of Appeals as governed by Chapter 40A, Massachusetts General
Laws.
(d)
Boat and boat equipment storage, subject to the requirements of § 410-4.4, Boats and boat equipment storage of this zoning bylaw.
(e)
Any use permitted in § 410-3.2A of this zoning bylaw, subject, however, to the provisions of § 410-3.2B(2) as they pertain to Single-family Residence District B.
(3)
Townhouse Residence District
(a)
Any use permitted in § 410-3.2A subject, however, to the provisions of § 410-3.2B(3) Single-family Residence District C, of this zoning bylaw, except that minimum lot size shall equal 43,560 square feet.
(b)
Townhouse and garden apartment type multi-family dwellings,
not to exceed eight dwelling units per multi-family dwelling, and
no such multi-family dwelling to exceed 35 feet in height.
(c)
Boating facilities for boats other than power boats or sailboats
in excess of 20 feet, and structures serving such facilities, so long
as such boating facilities are located in or at a navigable waterway
and the accessory buildings are situated adjacent to such boating
facilities. Accessory buildings shall not exceed 35 feet in height
and shall not have a lot coverage exceeding 2,500 square feet in the
aggregate. Permitted uses in such accessory buildings shall be limited
to the following:
B.
C.
General Requirements for Multi-Family Districts.
(1)
Open space for active recreation totaling not less than 12 square
feet for each dwelling shall be provided on those parcels used for
apartments.
(2)
Fixed, retractable, or removable awnings and canopies for the
protection of the public from the elements may be erected or installed
within the front setback areas. On business and commercial buildings
located in a multi-family residential district, the awnings and canopies
shall be limited to a six-foot extension across the full face of the
building. On multi-family residential buildings the awnings and canopies
shall be limited to the area of the front entry walkway extending
in a straight line to the building and not exceeding six linear feet
in width.
(3)
Site plan review, subject to the provisions of § 410-4.1, Site plan review of this zoning bylaw, shall apply to new buildings and/or structures which involve non-residential uses or multi-family uses for three or more residential units, and expansions or changes in use of existing buildings which will result in 5,000 square feet of gross floor area.
(4)
Land undergoing construction and/or development, and re-grading is subject to the provisions of § 410-6.4, Grading, drainage, erosion and sediment control of this zoning bylaw.
(5)
No building or structure or portion thereof constructed or adapted for a retail, mercantile or industrial use shall be occupied as a residence or place of human habitation unless properly altered to meet the provisions of § 410-3.2B(2) of this zoning bylaw in effect at the time of said construction or adaptation as they relate to residential use.
(6)
Garden sheds not requiring a permanent foundation or concrete
slab, and no more than 80 square feet gross floor area, and less than
eight linear feet in height shall not require a building permit. Such
sheds may not be constructed in the front setback area nor closer
than three linear feet to any interior lot lines.
(7)
No building shall be constructed within 10 feet of a publicly
owned seawall.
(8)
No structure(s) shall be built closer than 25 feet from the
top edge of a cliff that is greater than 20 feet in height unless
said cliff is certified as stable by a registered geologist or registered
engineer.
A.
Permitted Uses for Waterfront District
(1)
Water-dependent uses as defined by and consistent with Massachusetts
General Law Chapter 91, and 310 CMR 9.00 et seq, Waterways Regulations
such as commercial and recreational marine uses, marinas, moorings
and mooring services, dockage and mooring for transient boats, launch
services, pump out facilities, fishing (both commercial and sport,
including facilities for loading and unloading commercial fishing
boats and the storage of ice, but under no circumstances the cleaning
or processing of fish or the storage of bait), boat rentals and charters,
terminals for commuter and excursion boats, boat sales, boat storage,
chandlers, sail makers, marine railways, marine service centers, and
Harbor Master facilities.
(2)
Non-water-dependent uses as defined by and consistent with Massachusetts
General Law Chapter 91, and 310 CMR 9.00 et seq, Waterways Regulations
such as coffee shops, restaurants, and convenience shopping (including
food, variety and personal services), entertainment facilities, and
museums.
(3)
Facilities for the sale and dispensing of marine fuel, subject to the granting of a Chapter 91 license and a Special Permit by the Hull Board of Appeals per § 410-8.1 of this bylaw.
(4)
Residential uses: None.
(5)
Hotels, motels, and office buildings: None.
(6)
Accessory uses normally associated with permitted uses in this § 410-3.4, within the confines of the building.
(7)
Television and radio antennas not exceeding 50 feet above ground
level.
(8)
Navigation aids.
(9)
In a Waterfront District, the determination of principal and
accessory use will include consideration for seasonal changes in marine
businesses and the wide range of marine-related items serviced and
sold.
B.
Additional Standards for uses allowed by Special Permit in the Waterfront
District:
(1)
Public amenities, such as launching ramps, access to the waterfront,
public fishing areas, and visual access to the water, must be considered
wherever there is no threat to public health and safety or other unreasonable
liability to the property owner.
C.
Signage. Signs for the purpose of identification of businesses and shops are permitted in the Waterfront District, subject to the granting of a Special Permit by the Board of Appeals per § 410-8.1, of this bylaw (after consultation with the Design Review Board and the Building Department). Generally signs should be in scale with the size and bulk of the buildings and compatible with one another. Signs should not project above the roofline. Internally illuminated signs, signs with moving parts, and freestanding signs are not to be used. Signs should relate solely to the business conducted on the premises.
[Amended 5-2-2016 ATM
by Art. 19]
A.
Permitted uses for Business District.
(1)
Business District
(a)
Office, bank, newspaper or job printing establishment.
(b)
Restaurant.
(c)
Any wholesale, retail or service business except places of amusement,
not involving manufacture on the premises except of products the major
portion of which is sold on the premises by the producer to the consumer.
(d)
Manufacturing or industrial use, provided that no such use shall
be permitted which would be detrimental or offensive in the same or
adjoining district by reason of: danger of explosion or fire, excessive
vibration or noise (that is, no noise or vibration shall be perceptible
without instruments at a distance greater than 50 feet from the industrial
premises, obnoxious fumes, smoke, gas or odors, or production of refuse
above the capacity of the sewage or refuse collection system of the
Town, subject to special permit by the Board of Appeals, governed
by Chapter 40A, Massachusetts General Law.
(e)
Gasoline service stations and liquid propane dispensing operations
are subject to special permits by the Board of Appeals, governed by
Massachusetts General Law. Chapter 40A.
(g)
Mixed Multi-family Residential and Business, provided, however,
that not less than 30% of the gross floor area be for business uses,
such as office, bank, and restaurant, or any wholesale, retail or
service business except places of amusement, not involving manufacture
on the premises except of products the major portion of which are
sold on the premises by the producer to the consumer, with the remainder
to be for rental residential use. Except for the residential means
of egress, no residential unit shall be permitted on the front street
side of the level of exit discharge. Height shall be limited to 40
feet and density to a maximum of 15 residential units per acre, in
proportion to the actual area of the lot.
[Amended 5-1-2023 ATM by Art. 16]
(2)
Uses permitted by Special Permit in a Business District
(a)
Hotel Use Special Permit Development
[1]
For the purpose of promoting the more efficient and appropriate
use of land in harmony with its natural features and in furtherance
of the general intent of this bylaw to protect and promote the health,
safety, convenience and general welfare of the inhabitants of the
Town, the Planning Board may grant a discretionary special permit
(hereinafter called a special permit) for a Hotel Use Special Permit
Development subject to the procedures, regulations and conditions
contained in this section and elsewhere in this bylaw as applicable.
[2]
In a Hotel Use Special Permit Development, the following uses
may be permitted by special permit.
[a]
Mixed Multi-Family Residential units and Hotel
and Hotel-related amenities within the same/connecting building.
[b]
Mixed Hotel and Hotel-related amenities and uses
within the same/connecting building.
[c]
Hotel Use.
[d]
Hotel-related amenities are those types of uses
customarily associated with the operation of a hotel or resort hotel
and include but are not necessarily limited to dining rooms and restaurants
which may or may not provide for the sale of alcoholic beverages,
newsstand, retail shops, function halls, health club, swimming pool,
and conference meeting and function facilities.
[3]
Each application for a special permit for a Hotel Use Special
Permit Development shall be accompanied by a site plan and building
elevations at an appropriate scale. Such site plan shall show the
entire project area at a scale of 1" = 20' and shall be prepared by
a registered architect or registered professional engineer. The site
plan and 10 copies thereof shall be submitted with the application
to the Town Clerk who shall forthwith transmit the same to the Planning
Board and shall show at least the following:
[a]
All lot lines, wetlands and existing and proposed
topography at two foot contour intervals.
[b]
Proposed development parcels and the location of
all buildings (existing and proposed) and proposed uses on each parcel.
[c]
Existing and proposed street, parking, drainage
and utility systems.
[d]
Location of proposed parks, playgrounds and other
open spaces, if any.
[e]
A tabulation of the total number of dwelling units
and the number designated for each proposed dwelling type.
[f]
Types of proposed Hotel-related amenities, function
and conference facility uses and other business uses, square footage
and number for each type of use, by type of use.
[g]
Landscape plan showing all proposed landscape features
and proposed improvements, including walks, pedestrian ways, planting
areas with size and type of stock for each shrub or trees, walls,
fences and outdoor lighting.
[h]
A written statement detailing the design characteristics
for the development, including, but not limited to, exterior building
materials, architectural treatment and street furniture.
[i]
Any other documents or information reasonably required
in writing of the applicant by the Planning Board prior to the public
hearing.
[j]
The Planning Board may subsequent to filing require
additional information which shall be supplied in a timely fashion.
[4]
Anyone wishing to apply for a special permit shall file an application
and the required number of plans with the Town Clerk and a copy of
said application, including the date and time of filing certified
by the Town Clerk shall be filed forthwith by the petitioner with
the special permit granting authority. Specific application forms
shall be provided for in the rules of each special permit granting
authority.
[5]
Within 65 days of the receipt of the properly executed application,
the appropriate special permit granting authority shall hold a public
hearing, for which notice has been given by publication and posting
as provided in M.G.L., c.40A, § 11, and shall mail notices
to all parties of interest, including abutters within 300 feet. All
expenses shall be borne by the applicant.
[6]
Within 90 days following a public hearing or hearings, the special
permit granting authority shall take final action on the application.
The required time limits for a public hearing and said action may
be extended by written agreement between the petitioner and the special
permit granting authority.
[7]
An application for a special permit shall be accompanied by
a filing fee of 1/10 of 1% of the cost of the project work. It cannot
be less than $200 nor more than $1,000. The fee shall be paid at the
time of application.
[8]
Within 10 days after the filing with the Town Clerk of the special
permit application and accompanying site plan, the applicant shall
transmit a copy of said site plan to the Design Review Board, Building
Commissioner, Board of Appeals, Police Department, Fire Department,
Select Board, Board of Health, Conservation Commission and any other
Official, Board or Agency deemed appropriate, and said Boards may,
at their discretion, investigate the proposed layout and report in
writing its recommendations to the Planning Board. A failure to respond
within 35 days of receipt by any such board, official, department
or agency shall be deemed to be a lack of opposition thereto.
[Amended 5-8-2021 ATM by Art. 6C]
[9]
In considering an application for a special permit under this
section, the Planning Board may approve same only if it finds that,
in its judgment, the proposed development shall not be substantially
more detrimental to the established character of the neighborhood
and Town and all the following conditions are satisfactorily met:
[a]
There is protection of adjoining premises against
detrimental uses by provisions for surface water drainage, sight buffers
and preservation of light and air.
[b]
The convenience and safety of vehicular movement
and the location of driveway openings and parking areas in relation
to traffic or to adjacent streets.
[c]
The convenience and safety of a pedestrian circulation
system that provides direct routes between major buildings, parking
areas and roads.
[d]
The adequacy of the methods of disposal of sanitary
sewage, storm water drainage, and solid waste refuse from the uses
permitted on the site.
[e]
The impacts of the proposed uses on one another
within the development and the extent the proposed development relates
harmoniously to the terrain, use, scale, architectural character and
proportions of existing and proposed buildings in the vicinity.
[f]
The specific site is an appropriate location for
such a use.
[g]
The use involved will not be substantially detrimental
to the established character of the neighborhood or Town, including
but not limited to architecture.
[h]
There will be no nuisance or serious hazard to
vehicles or pedestrians.
[i]
Adequate and appropriate facilities will be provided
for the proper operation of each proposed use.
[j]
The public convenience and welfare will be substantially
served.
[k]
Adequate assurance that any benefits, special conditions,
amenities or the like offered will be established, maintained, completed
and serve as a benefit to the community.
[10]
An application for a special permit for a Hotel
Use Special Permit Development shall be submitted and reviewed in
a manner consistent with the procedures set forth in Chapter 40A of
the Massachusetts General Laws and this zoning bylaw.
[11]
In a Hotel Use Special Permit Development, the
following requirements relating to the use, density and intensity
of land use shall apply. Any items not covered in this special permit
section shall be governed by the applicable provisions of this zoning
by-law.
[a]
The proposed project must include a minimum of
two contiguous acres.
[b]
Structures shall not exceed a maximum height of
40 feet plus usual roof top structures and ornamental features.
[c]
For the purposes of this special permit, a hotel
shall be defined as a building containing 50 or more guest rooms used
for temporary occupancy of individuals accessed through a lobby which
is operated with a staffed front desk 24 hours per day. The definition
of a hotel shall not include a motel, lodging house or rooming house.
[d]
No more than 15 apartment units per one acre parcel.
[e]
Residential units shall be limited to no more than
four rooms, exclusive of bathrooms, with a maximum of two bedrooms.
[f]
Lot coverage shall be limited to no more than 50%.
[g]
At least 25% of the total project area may be set
aside as open space. In its discretion, taking into account site conditions
and such planning factors as the Board deems appropriate, the Planning
Board may consider parking areas in its calculations of open space.
[h]
[i]
Notwithstanding the foregoing parking requirements,
if the applicant provides valet parking or other suitable alternative
services, the Planning Board may authorize lesser requirements for
both the number and size of parking spaces.
[j]
All structures within a Hotel Use Development shall
be setback at least 10 feet from the boundary of the project area,
provided the Planning Board may, in its discretion, taking into account
actual area setbacks and such planning factors as the board deems
appropriate, modify this agreement.
[12]
Special permit conditions. In approving a special
permit, the special permit granting authority shall be authorized
to attach such conditions and safeguards as are deemed necessary and
appropriate to protect the neighborhood and the Town of Hull. These
may include but not necessarily be limited to the following:
[a]
Requirement of front, side or rear yards greater
than the minimum required by this bylaw.
[b]
Requirements of screening of parking areas or other
parts of the premises or from the streets by walls, fences, planting
or other devices, as specified by the special permit granting authority.
[c]
Limitation of method or time of operation or extent
of facilities.
[d]
Regulation of number, design and location of access
drives or other traffic features.
[e]
Requirements of off-street parking or other special
features beyond the minimum required by this or other applicable bylaws,
codes or regulations.
[f]
Appropriate mitigation where deemed necessary.
[g]
Appropriate modifications to the design features
to ensure compliance with the standards set forth herein.
[13]
The Planning Board has the authority to employ
professional consultants or experts including technicians, attorneys,
engineers and or architects, for the purposes of reviewing and evaluating,
on its behalf, the information shown on the site plan and any additional
information. The costs of such professional assistance incurred by
the Planning Board shall be borne by the applicant. However, the cost
to be paid by the applicant (1) shall not exceed the reasonable and
usual charges of the consultants; and (2) shall be estimated in writing
by the consultants and made known to the applicant before the Board
incurs any costs. No Occupancy Permit may be issued by the Building
Commissioner until the applicant has paid, or reimbursed the Town
for, all such costs.
[14]
The Inspector of Buildings shall not issue a certificate
of occupancy until and unless the appropriate special permit granting
authority issues a certificate of compliance with the provisions herein
provided. All construction, including landscaping, site preparation
and other authorized uses of the land, shall be in compliance with
an approved special permit and conditions attached thereto unless
duly amended by permission from the special permit granting authority.
[15]
The special permit shall automatically lapse two
years from the date of the grant of a special permit unless substantial
use or construction is commenced except for good cause, or an extension
has been granted by the Planning Board for not more than six months.
Excluded in the two-year time period is the time required to pursue
or await the determination of appeal referred to in Section 17 of
the Massachusetts General Law, Section 40A.
[16]
Reviews by various municipal boards, departments,
agencies or commissions may be held jointly in accordance with Chapter
40A, Section 11 of the General Laws.
[17]
Minor modifications to the Special Permit may
be made at a duly held regular or special meeting of the Planning
Board.
[18]
Applications processed under this Special Permit process shall be exempt from the Site Plan Review requirements of this bylaw. However, the provisions of § 410-4.1C(2)(b), C(3) and D of this Zoning Bylaw shall be applicable to Special Permit applications under this section.
[19]
Notwithstanding any other provision of the zoning
bylaw to the contrary, the Planning Board may, in its discretion,
by a special permit issued hereunder or an amendment to an existing
special permit issued hereunder, authorize roof top appurtenances
with a height of up to 35 feet, provided that said rooftop appurtenances
shall in no way be used for occupancy purposes and are ornamental
features only. (Amendment added, Annual Town meeting, May 13, 2002)
(b)
Multifamily dwellings in Business Districts
[1]
In addition to all other uses allowed in the business zoning
district, the Planning Board may issue a Special Permit to authorize
the reconstruction (including razing), renovation and/or modification,
exclusively for multifamily residential purposes, or nonconforming
residential or lodging house building structures, the nonconforming
use of which is not "grandfathered". Notwithstanding any other provisions
of the zoning bylaw, the Special Permit may authorize up to four dwelling
units on a lot, but there must be two conforming off-street parking
spaces for each approved unit.
[2]
The Special Permit may authorize the continuation, extension
and/or modification of pre-existing dimensional nonconformities (including
without limitation setbacks, lot coverage and land area per dwelling
unit) and may apply the setback and dimensional requirements applicable
to new commercial buildings in the Business District. However, the
Special Permit may not vary or waive applicable off-street parking
requirements for dwelling units.
[3]
The Planning Board may issue a Special Permit upon its finding
that the proposed structure and use will not be substantially detrimental
to the Business District in which it is located. The Special Permit
process shall be governed by and conducted in accordance with the
applicable provisions of M.G.L. Chapter 40A. Unless it waives Site
Plan Review, the Planning Board shall conduct its Site Plan Review
of a proposed project simultaneously with its Special Permit process.
C.
General Requirements for Business and/or Commercial Recreation uses
in a Business District.
(1)
Business areas abutting a residential area shall provide screening
along the common property line in the form of an opaque fence, wall,
or evergreen shrubbery at least six feet in height.
(2)
No building or structure or portion thereof constructed or adapted for a retail, mercantile or industrial use shall be occupied as a residence or place of human habitation unless properly altered to meet the existing provisions of § 410-3.2B(1) of this zoning bylaw.
(3)
Fixed, retractable, or removable awnings and canopies for the
protection of the public from the elements may be erected or installed
within the front setback areas. On business and commercial buildings
the awnings and canopies shall be limited to a six-foot extension
across the full face of the building. On multi-family residential
buildings, the awnings and canopies shall be limited to the area of
the front entry walkway extending in a straight line to the building
and not exceeding six feet in width.
(4)
For storage of boats and boat equipment, the requirements of § 410-4.4, Boats and boat equipment storage, of this zoning by-law apply in all Commercial Recreation Districts.
(5)
Site plan review, as described in § 410-4.1, Site plan review of this bylaw, shall apply to all new buildings and/or structures which involve non-residential uses or multi-family uses for three or more residential units, and expansions or changes in use of existing buildings which will result in 5,000 square feet of gross floor area.
(6)
A non-residential building or structure hereafter erected in a Business District shall meet all minimum requirements set forth in Subsection C(6)(a), (b) and (c) below.
(a)
Minimum rear yard of 12 feet. In the event that additional yards
are required to assure access to the rear of the lot or any adjacent
lots, such yards shall be provided with a minimum width of 12 feet.
(b)
All buildings in any Business District shall have a minimum
setback of 10 feet; provided however, if there are already buildings
fronting on the same street in the same block, the Board of Appeals
may as an exception by Special Permit waive this requirement and establish
a frontage to conform to the other buildings. Existing buildings shall
not attain non-conforming status because of this setback requirement.
(7)
Land undergoing construction and/or development, and regrading is subject to the provisions of § 410-6.4, Grading, drainage, erosion and sediment control of this zoning bylaw.
(8)
In a residential area located in a business district, garden
sheds not requiring a permanent foundation or concrete slab, and no
more than 80 square feet gross floor area, and less than eight feet
in height shall not require a permit. Such sheds may not be constructed
in the front setback area nor closer than three feet to any interior
lot lines.
(9)
Alteration, reconstruction, extension or structural change to a single family residential structure located in a business district will be permitted as a matter of right provided that such change meets the minimum requirements for single-family dwellings in the Single-Family A district as set forth in § 410-3.2, Single-Family Residence Districts A, B and C of this zoning bylaw.
(10)
No structure(s) shall be built closer than 25 feet from the
top edge of a cliff that is greater than 20 feet in height unless
said cliff is certified as stable by a registered geologist or registered
engineer.
(11)
In all business districts, the provisions of § 410-4.2, Floodplain District use and development regulations of this zoning bylaw apply wherever applicable.
(12)
No building shall be constructed within 10 feet of a publicly
owned seawall.
(13)
Open space for active recreation totaling not less than 12 square
feet for each dwelling shall be provided on these parcels used for
apartments.
A.
Permitted Uses for Commercial Recreation A, B, and C Districts.
(1)
Commercial Recreation A District [Subject to the requirements
of Table 50 (CR-A),[1] Table 51,[2] and the parking requirements specified in § 410-5.2.]
(a)
Hotels, motels, inns and marinas.
(b)
Convenience shops, personal services and accessory uses normally associated with permitted uses in Subsection A(1)(a), within the confines of the building.
(c)
Multi-family residential use including garden apartments and
townhouses.
(d)
Restaurants.
(f)
Flexible Plan Development, subject to the provisions of § 410-4.3, Flexible plan development of this zoning bylaw.
(h)
Museums.
(2)
Commercial Recreation B District [Subject to the requirements
of Table 50 (CR-B),[3] Table 51,[4] and the parking requirements specified in § 410-5.2.]
(a)
Hotels, motels, marinas, and multi-family dwellings. Convenience
shopping, including food, drugs, offices, banks, small hardware, variety
and personal services designed to primarily serve the local shopping
needs of the immediate neighborhood.
(b)
Places of amusement or assembly.
(c)
Restaurants.
(d)
(Deleted April 10, 1995 Town Meeting, Article 21.)
(e)
Height shall be limited to a maximum of 40' and density to a
maximum of 18 dwelling units per acre. Density figures shall be allowed
as a ratio in proportion to the actual area of the lot in question.
(3)
Commercial Recreation C District [Subject to the requirements
of Table 50 (CR-C),[5] Table 51,[6] and the parking requirements specified in § 410-5.2.]
(a)
Hotels, motels, inns, marinas.
(b)
Accessory uses normally associated with permitted uses in Subsection A(3)(a) within the confines of the building.
(c)
Multi-family residential use, including garden apartments and
town houses and height not to exceed 40 feet.
(d)
Restaurants.
B.
Dimensional Requirements and Intensity Regulations for Commercial
Recreation A, B, and C Districts
(1)
(2)
C.
General Requirements for Business and/or Commercial Recreation uses
in all Commercial Recreation Districts.
(1)
Business and/or Commercial Recreation areas abutting a residential
area shall provide screening along the common property line in the
form of an opaque fence, wall, or evergreen shrubbery at least six
feet in height.
(2)
No building or structure or portion thereof constructed or adapted for a retail, mercantile or industrial use shall be occupied as a residence or place of human habitation unless properly altered to meet the existing provisions of § 410-3.2B of this zoning bylaw as they relate to residential use.
(3)
Fixed, retractable, or removable awnings and canopies for the
protection of the public from the elements may be erected or installed
within the front setback areas. On business and commercial buildings
the awnings and canopies shall be limited to a six foot extension
across the full face of the building. On multi-family residential
buildings the awnings and canopies shall be limited to the area of
the front entry walkway extending in a straight line to the building
and not exceeding six feet in width.
(4)
For storage of boats and boat equipment, the requirements of § 410-4.4 of this zoning bylaw apply in all Commercial Recreation Districts.
(5)
Site plan review, as described in § 410-4.1, Site plan review of this bylaw, shall apply to all new buildings and/or structures which involve non-residential uses or multi-family uses for three or more residential units, and expansions or changes in use of existing buildings which will result in an increase of 5,000 square feet of gross floor area.
(6)
A non-residential building or structure hereafter erected in a Commercial Recreation District shall meet all minimum requirements set forth in Subsection C(6)(a), (b) and (c) below.
(a)
Minimum rear yard of 12 feet. In the event that additional yards
are required to assure access to the rear of the lot or any adjacent
lots, such yards shall be provided with a minimum width of 12 feet.
(b)
All buildings in Commercial Recreation Districts shall have
a minimum setback of 10 feet; provided however, if there are already
buildings fronting on the same street in the same block, the Board
of Appeals may as an exception by Special Permit waive this requirement
and establish a frontage to conform to the other buildings. Existing
buildings shall not attain non-conforming status because of this setback
requirement.
(7)
Land undergoing construction and/or development, and regrading is subject to the provisions of § 410-6.4, Grading, drainage, erosion and sediment control of this zoning bylaw.
(8)
In a residential area, garden sheds not requiring a permanent
foundation or concrete slab, and no more than 80 square feet gross
floor area, and less than eight feet in height shall not require a
permit. Such sheds may not be constructed in the front setback area
nor closer than three feet to any interior lot lines.
(9)
No structure(s) shall be built closer than 25 feet from the
top edge of a cliff that is greater than 20 feet in height unless
said cliff is certified as stable by a registered geologist or registered
engineer.
(10)
In all business and/or commercial recreation districts, the provisions of § 410-4.2, Floodplain District use and development regulations of this zoning bylaw apply wherever applicable.
(11)
No building shall be constructed within 10 feet of a publicly
owned seawall.
B.
All uses of property zoned Public Open Space other than municipal
uses shall be subject to the approval of the Board of Appeals.
D.
Parking Requirements: to be determined by the Board of Appeals on
a case by case basis.
E.
General Requirements for Public Open Space District
(1)
When Town-owned property is sold, its zoning status shall revert
to the least restrictive zoning in the abutting districts, subject
to such restrictions and conditions as may be imposed by the Town
meeting vote selling the property, unless the Town meeting votes to
place said property in a different zoning district.
(2)
Maximum height limitations may be exceeded by Special Permit
issued by the Zoning Board of Appeals allowing a variation of roof
heights of the structure or structures. The average height of the
various roofs shall not exceed the maximum height allowed in the particular
district. In no case shall the highest roof exceed the maximum height
allowed in that district by more than 12 feet.
(3)
Fixed, retractable, or removable awnings and canopies for the
protection of the public from the elements may be erected or installed
within the front setback areas.
(4)
No building shall be constructed within 10 feet of a publicly
owned seawall.
(5)
No building or structure or portion thereof constructed or adapted for a retail, mercantile or industrial use shall be occupied as a residence or place of human habitation unless properly altered to meet the existing provisions of § 410-3.2B of this zoning bylaw as they relate to residential use.
(6)
For storage of boats and boat equipment, the requirements of § 410-4.4 of this zoning bylaw apply in all Commercial Recreation Districts.
(7)
Site plan review, as described in § 410-4.1, Site plan review of this bylaw, shall apply to all new buildings and/or structures, which involve non-residential uses or multi-family uses for three or more residential units, and expansions or changes in use of existing buildings which will result in an increase of 5,000 square feet of gross floor area.
A.
Floodplain District Boundaries and Base Flood Elevations: The Floodplain
District is herein established as an overlay district. The District
includes all special flood hazard areas within the Town of Hull designated
as Zone AE, AO or VE on the Plymouth County Flood Insurance Rate Map
(FIRM) issued by the Federal Emergency Management Agency (FEMA) for
the administration of the National Flood Insurance Program. The map
panels of the Plymouth County FIRM that are wholly or partially within
the Town of Hull are panel numbers 25023C0012J, 25023C0016J, 25023C0017J,
25023C0019J, 25023C0036J, 25023C0038J and 25023C0039J, dated July
17, 2012. The exact boundaries of the district may be defined by the
100-year base flood elevations shown on the FIRM and further defined
by the Plymouth County Insurance Study (FIS) report dated July 17,
2012. The FIRM and FIA report are incorporated herein by reference
and are on file with the Town Clerk, Planning Board, Building Official
and Conservation Commission.
[Amended 5-7-2012 ATM
by Art. 26]
Within a Conservation District, the following uses shall be
permitted:
A.
Conservation of soil, water plants, and wildlife including wildlife
management shelters and accessory outdoor, recreation uses limited
to nature study areas, walkways, and boating or fishing where otherwise
legally permitted;
B.
Maintenance and repair of existing structures, roadways, utilities
and watercourses (including changes to watercourses for swimming,
fishing and other recreational uses); and
C.
Accessory uses limited to fences, flagpoles, noncommercial signs
and docks.
A.
Purpose: The purpose of this section is to establish a district in
which wireless communications services may be provided with minimal
harm to the public health, safety and general welfare. The purpose
of this by-law is also to establish appropriate siting criteria and
standards for communications towers and facilities including but not
limited to radio, television, and cellular communications. This by-law
is intended to establish reasonable regulations while allowing adequate
service to residents, the travelling public and others within the
Town and to accommodate the need for the minimum possible number of
such facilities within the Town. Specifically, the Wireless Communications
Services District has been created to (a) protect the general public
from hazards associated with wireless communications facilities; (b)
minimize visual impacts from wireless communications facilities on
districts within Hull and to preserve scenic views to and from the
Town's roadways, open space, recreational areas and waterways; (c)
allow the provisions of necessary wireless communications services
and (d) promote shared use of facilities to minimize the need for
additional facilities. This section does not apply to satellite dishes
and antennas for residential use.
B.
Description of Areas Included in the Wireless Communications Services
District:
(1)
The Wireless Communications Services District shall include
all land and structures owned by the Town of Hull from time to time
and all land and structures located in the Public Open Space District
or in a Commercial Recreation District on a structure, other than
a single or two family structure.
(2)
The Wireless Communications Services District shall be construed
as an overlay district with regard to said locations. All requirements
of the underlying zoning district shall remain in full force and effect,
except as may be specifically superseded herein.
C.
Special Permit Granting Authority: For the purposes of this By-law,
the Board of Appeals shall be the Special Permit Granting Authority.
D.
Use Restrictions: A wireless communications facility (including antennas and accessory structures, if any) or devices, including antenna or satellite dish, may be erected in a Wireless Communications Services District upon the issuance of a special permit by the SPGA pursuant to Article VIII, § 410-8.1, and M.G.L. c. 40A, subject to all of the following conditions:
(1)
The only wireless communications structures allowed are free-standing
monopoles, with associated antenna and/or panels. Lattice style towers
and similar facilities requiring three or more legs and/or guy wires
for support are not allowed. Wireless communications devices such
as antennas, dishes and panels, mounted on or in a building or structure,
are also allowed.
(2)
To the extent feasible, all service providers shall co-locate
on a single facility. Wireless communications facilities shall be
designed to accommodate the maximum number of users technologically
practical, taking into account relevant matters, such as, for example,
height limits, current and future technology. The intent of this requirement
is to reduce the number of facilities which will be required to be
located within the community.
(3)
Any proposed extension in the height, addition of cells, antennas,
dishes or panels, construction of a new facility, or replacement of
a facility, shall be subject to a new application for an amendment
to the Special Permit.
(4)
New facilities shall be considered by the SPGA only upon a finding
by the SPGA that existing or approved facilities or facilities under
construction cannot accommodate the wireless communications equipment
planned for the proposed facility.
(5)
In no event shall any monopole be located closer than two miles
to any other such facility except upon a specific finding that such
shorter distance does derogate from the intent of this bylaw.
(6)
Subject to such other limitations as expressed in this by-law,
no facility or attached accessory antenna shall exceed 50 feet in
height as measured from ground level at the base of the facility except
upon a specific finding that such greater height is necessary and
does not derogate from the intent of this bylaw.
(7)
All facilities shall be designed to be constructed at the minimum
height necessary to accommodate the anticipated and future use.
(8)
A monopole shall not be erected nearer to any property line
than a distance equal to the vertical height of the facility (inclusive
of any appurtenant devices), measured at the mean finished grade of
the facility base, except upon a specific finding that such shorter
distance does not derogate from the intent of this by-law.
(9)
A monopole shall not be erected nearer to a residential lot
line than 500 feet, except upon a specific finding that such shorter
distance does not derogate from the intent of this by-law.
(10)
Siting shall be such that the view of the facility from adjacent
abutters, residential neighbors and other areas of Town shall be as
limited as possible. All facilities shall be painted or otherwise
colored so they will blend in with the landscape or the structure
on which they are located. A different coloring scheme shall be used
to blend the facility with the landscape below and above the tree
or building line.
(11)
Wireless communications facilities shall be suitably screened
from abutters and residential neighborhoods.
(12)
Fencing, as appropriate, shall be provided to control access
to wireless communications facilities and shall be compatible with
the scenic character of the Town.
(13)
Existing on-site vegetation shall be preserved to the maximum
extent practicable.
(14)
There shall be no signs, except for announcement signs, no trespassing
signs and a required sign giving a phone number where the owner can
be reached on a twenty-four-hour basis. The aggregate of the signs
shall not exceed three square feet.
(15)
Night lighting of the facilities shall be prohibited unless
required by the Federal Aviation Administration. Lighting shall be
limited to that needed for emergencies and/or as required by the FAA.
(16)
There shall be a minimum of one parking space for each monopole,
and be used in connection with the maintenance of the facility and
the site, and not to be used for the permanent storage of vehicles.
The parking space shall measure nine feet by 20 feet.
(17)
To the extent technologically feasible, all network interconnections
and utilities from the facility shall be via underground land lines
and underground connections.
(18)
Applicants proposing to erect facilities on municipally owned
land or structures shall provide evidence of contractual authorization
from the Town to conduct wireless communications services on municipally
owned property.
(19)
Traffic associated with the facility and accessory facilities
and structures shall not adversely affect abutting ways.
(20)
Satellite dishes, panels and/or antenna may be located on or
in structures or may be free-standing. Satellite dishes, panels and/or
antenna shall be situated on a structure in such a manner that they
are screened, preferably not being visible from abutting streets.
Free standing dishes, panels or antenna shall be located on the landscape
in such a manner so as to minimize visibility from abutting streets
and residences and to limit the need to remove existing vegetation.
All equipment shall be colored, molded and/or installed to blend into
the structure and/or the landscape.
(21)
Antennas, panels or dishes located on a structure shall not
exceed 10 feet in height above the level of its attachment to the
structure.
(22)
Annual certification demonstrating continuing compliance with
the standards of the Federal Communications Commission, Federal Aviation
Administration and the American National Standards Institute including
structural integrity certification by a professional registered engineer
and required maintenance shall be filed with the Building Commissioner
by the Special Permit holder.
(23)
All unused facilities or parts thereof or accessory facilities
and structures which have not been used for one year shall be dismantled
and removed at the owner's expense. The Special Permit holder shall
file and maintain in effect a bond ensuring that the facilities shall
be removed as provided for hereunder or when its use has been discontinued.
Said bond shall be from a company authorized to do business in Massachusetts
and shall be subject to the approval of the Town. This shall be a
condition of the special permit and shall be filed prior to the issuance
of the building permit.
E.
Procedure for a Special Permit: All applications for wireless communications facilities, including towers, antennas, panels or satellite dishes shall be made and filed on the applicable application forms for site plan and special permit in compliance with the Application Instructions. In addition to the requirements for Site Plan Review under § 410-4.1 of the Hull Zoning By-law and the Special Permit Requirements under Article VIII, § 410-8.1, of the Hull Zoning By-Law, five copies of the following information must be submitted for an application to be considered complete. The Special Permit shall be applied for and obtained as a pre-condition for applying for and obtaining Site Plan Review.
(1)
A site plan at a scale of 1" = 40' which shall show all property
lines, the exact locations of the proposed facilities and structure(s),
street, landscape features, residential dwellings and neighborhoods
and all buildings within 500 feet of the facility.
(2)
A color photograph or rendition of the facility with its antennas,
dishes and/or panels. For satellite dishes panels or antennas, a color
photograph or rendition illustrating the dish, panel or antenna at
the proposed location is required. A rendition shall also be prepared
illustrating a view of the monopole, dish, panel or antenna from the
nearest street or streets.
(3)
The following information must be prepared by a professional
engineer or other authorized representative, as appropriate for the
information being presented:
(a)
A description of the facility and the technical, economic and
other reasons for the proposed location, height and design,
(b)
Confirmation that the facility complies with all applicable
Federal and State standards,
(c)
A description of the capacity of the facility including the
number and type of panels, dishes, antennas and/or transmitter receivers
that it can accommodate and the basis for these calculations,
(d)
If applicable, a written statement that the proposed facility
complies with, or is exempt from applicable regulations administered
by the Federal Aviation Administration (FAA) Federal Communications
Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts
Department of Public Health,
(e)
The applicable review and advertising fees as noted in the application
guidelines.
(4)
The applicant must produce and file proof of authorization for
the location proposed, such as a deed, lease, license or preliminary
approval of same, such as a letter of intent.
(5)
Nothing contained in this By-law shall preclude the SPGA from
requesting additional information related to the subject of the applications,
which information shall be provided by the applicant.
F.
Criteria For Review and Approval:
(1)
[Findings.]
(a)
The SPGA shall review all applications for communications facilities
and shall find:
[1]
That the location of the facilities is suitable
and that the size, height, and design is the minimum necessary for
that purpose.
[2]
That the proposed facility will not adversely impact
historic structures or scenic views.
[3]
That there are no feasible alternatives to the
location of the proposed facility (including co-location) that would
minimize their impact and that the applicant has exercised good faith
in permitting future co-location of facilities at the site.
[4]
That the proposed facility is in compliance with
federal and state requirements regarding aviation safety.
(b)
The findings, including the basis for such findings, of the
Board shall be stated in the written decision of approval, conditional
approval, or denial of the application for Special Permit.
(2)
The Board shall also impose, in addition to any applicable conditions
specified in the By-law, such applicable conditions as it finds reasonably
appropriate to safeguard the neighborhood or otherwise service the
purposes of this By-law, including, but not limited to: screening,
buffering, lighting, fences, modification of the exterior appearance
of the structures, limitation upon the size, method of access or other
traffic features, parking, removal or cessation of use, or other requirements.
Such conditions shall be imposed in writing and the applicant may
be required to post bond or other surety for compliance with said
conditions in an amount and form satisfactory to the Board.
(3)
The Special Permit is granted for a period of two years and
shall lapse if substantial use or construction has not commenced by
such date, except for a good cause shown. And provided further that
such construction, once begun, shall be actively and continuously
pursued to completion within a reasonable time. Any extension, addition
of cells or construction of new or replacement facilities shall be
subject to an amendment of the Special Permit following the same procedure
as for an original grant of a Special Permit.
G.
H.
Term of Permit: Special permits issued hereunder shall run for a
period of five years following the issuance thereof. Prior to the
expiration thereof, the permit holder shall file for a renewal or
extension of said permit by following the provisions of this bylaw
then in effect for the issuance of an original permit. It is the responsibility
of the permit holder to so file in a timely enough manner to ensure
no lapse in authorization. The SPGA may issue a temporary special
permit during the hearing process.
I.
Severability: If any portion of this bylaw shall be declared invalid
by the final decision of an authorized agency or court of competent
jurisdiction, such invalidity shall not affect the remaining portions,
which shall remain in full force and effect; and to this end the provisions
of this bylaw are hereby declared severable.
A.
The parcels located on the east side of Kingsley Road, between Kenberma
Street and Revere Street, currently zoned as a Multifamily A District,
shall also be designated as the Kenberma Area Overlay Parking District.
B.
In addition to all uses allowed in the underlying zoning district,
parcels in the Kenberma Area Parking Overlay district may be utilized
for vehicular parking, traffic flow, customer access, maintenance
vehicle access and deliveries accessory to the abutting businesses
on Nantasket Avenue. Such uses may be established, however, only in
conjunction with a substantial lateral expansion of a commercial building
on the abutting Nantasket Avenue property. For the purpose of this
bylaw the term "substantial lateral expansion" shall be defined as
an expansion of an existing commercial building on Nantasket Avenue
that increases its gross retail floor area by at least 40% and a)
does not expand the building into the Multifamily A District on Kingsley
Road) and b) does not add a story or stories to the existing or expanded
building.
C.
The establishment of accessory parking and vehicle access areas on parcels in the parking overlay district shall be subject to Site Plan Review by the Hull Planning Board in accordance with the provisions of § 410-4.1 of the Zoning Bylaw. In addition to all other powers of the Planning Board pursuant to § 410-4.1, in reviewing a project in the Kenberma Area Parking Overlay District the Planning Board may impose reasonable conditions pertaining to lighting, drainage, screening, curb cuts, access, hours of use and landscaping which shall promote the use of the overlay district parcels for the authorized accessory purposes but mitigate potential adverse impacts on neighboring residential properties.
[Added 5-7-2013 ATM by
Art. 23]
A.
Purpose. The purpose of the Nantasket Beach Overlay District is to
stimulate mixed use redevelopment of commercial and multi-family property
at scales and densities appropriate for an historic beachfront community
in order to revitalize the economy and help balance the commercial
and residential tax base while protecting people, property, and resources.
The NBOD achieves this purpose by;
(1)
Supporting environmentally and commercially sustainable development;
(2)
Promoting a mix of uses and architecture so that commercial,
residential and cultural opportunities may be developed in close proximity
to one another in a pedestrian and bicycle friendly community;
(3)
Providing landowners with the opportunity to pursue more flexible
forms of development in exchange for advancing community goals and
values;
(4)
Enhancing the value of land and buildings;
(5)
Encouraging a less sprawling and more efficient form of development
that consumes less open land and reduces greenhouse gas emissions;
(6)
Protecting barrier beach and dune systems and their functions
in providing storm and flood protection and wildlife habitat, and
(7)
Creating incentives for development that can withstand sea level
rise and increased flooding and frequency and intensity of storms
caused by climate change, and thereby; protect persons and property
from the hazards that may result from unsuitable development in areas
subject to flooding, extreme high tides, and rising sea level.
B.
Scope of Authority.
(1)
The NBOD shall be considered as overlying other districts and shall be described by and include the areas included in the NBOD on the Town of Hull Zoning Map. The owners of property in the NBOD shall continue to possess all current underlying zoning rights and be subject to the requirements applicable in those Districts, except as provided in Subsection F, Prohibited uses.
(2)
If a proponent requests to develop in accordance with the regulations
in this section, the rules and regulations of the NBOD shall apply.
If the proponent elects to develop under the provisions of the underlying
zoning district, the provisions of that district shall control and
the provisions of the NBOD shall not apply. If it is not clear as
to whether the NBOD provisions or the underlying district provisions
apply, then the provisions of the NBOD shall supersede.
(3)
Special Permit approval is required as described in Subsection C of the NBOD for all projects and uses.
(4)
Flood Protection: The Planning Board may at its discretion issue a Special Permit allowing new and existing buildings within a Special Flood Hazard Area in the NBOD, as defined by the latest edition of 780 CMR (Code of Massachusetts Regulations, Massachusetts State Building Code), to be elevated beyond the prescribed height limit to provide compliance by meeting or exceeding the flood elevation requirements of said CMR. Buildings cannot exceed the elevation required to comply with 780 CMR by more than four feet or six feet if permitted under Subsection L incentives for adaptive and resilient buildings of the NBOD.
C.
Special Permit Administration and Procedures: The Planning Board shall act as Special Permit Granting Authority for the Overlay District, following the procedures specified in § 410-3.5A(2)(a) of this Zoning Bylaw, except for § 410-3.5A(2)(a)[11][a], [b], [e], [f], [h] and [18] which shall not be applied in the NBOD. However, when the projects in the NBOD include hotels, all provisions of § 410-3.5A(2)(a) shall apply except for Subsection A(2)(a)[11][h] relating to parking and Subsection A(2)(a)[11][c] a definition of hotel. All projects being permitted under the NBOD shall be subject to the NBOD Subsection J off-street parking and loading requirements. The Hotel definition in Subsection D applies to Hotels permitted under the NBOD.
(1)
Required submittals for a Special Permit. Each application for a Special Permit in the NBOD shall be accompanied by a site plan and building elevations at an appropriate scale. Such site plan shall show the entire project area at a scale of a minimum of 1" = 20' and shall be prepared by a registered surveyor and/or registered professional engineer and registered architect. The site plan and 10 copies thereof and listed plans and studies shall be submitted with the application to the Town Clerk who shall forthwith transmit the same to the Planning Board and shall show at least the information required in § 410-3.5A(2)(a)[3] of these Bylaws, and in addition as follows:
(2)
The Planning Board may require such additional information and
impose conditions as it finds necessary to protect the health, safety,
and welfare of the public or the occupants of the proposed use, or
of the NBOD.
(3)
The Planning Board has the authority to employ consultants or
experts including but not limited to technicians, attorneys, engineers,
economists and architects for the purposes of reviewing and evaluating,
on its behalf, the information shown on the site plan and any additional
information. The costs of such professional assistance incurred by
the Planning Board shall be borne by the applicant. However, the cost
to be paid by the applicant (1) shall not exceed the reasonable and
usual charges of the consultants; and (2) shall be estimated in writing
by the consultants and made known to the applicant before the Board
incurs any costs. No Certificate of Occupancy may be issued by the
Building Commissioner until the applicant has paid, or reimbursed
the Town for all such costs.
(4)
Special Permit Procedures for the NDOD shall be those procedures stipulated in § 410-3.5A(2)(a)[4], [5], [6], [7] and [8] of these Bylaws.
(5)
In considering an application for a Special Permit under this Section, the Planning Board may approve same only if it finds that, in its judgment, the proposed development shall not be substantially more detrimental to the established character of the neighborhood and Town and all the conditions set forth in § 410-3.5A(2)(a)[9] of these Bylaws are satisfactorily met.
(6)
Special permit conditions. In approving a Special Permit, the Planning Board shall be authorized to attach such conditions and safeguards as are deemed necessary and appropriate to protect the neighborhood and the Town of Hull. These may include but not necessarily be limited to all the conditions set forth in § 410-3.5A(2)(a)[12] of these Bylaws and including:
(a)
Appropriate modifications to the design features to ensure compliance
with the standards set forth herein. The Building Commissioner shall
not issue a certificate of occupancy until and unless the Planning
Board issues a certificate of compliance with the provisions herein
provided. All construction, including landscaping, site preparation
and other authorized uses of the land, shall be in compliance with
an approved Special Permit and conditions attached thereto and Site
Plan conditions unless duly amended by the Planning Board.
(7)
The Special Permit shall automatically lapse two years from
the date of the grant of a Special Permit unless substantial use or
construction is commenced except for good cause, or an extension has
been granted by the Planning Board for not more than six months. Excluded
in the two-year time period is the time required to pursue or await
the determination of appeal referred to in S. 17 of the M.G.L., Chapter
40A..
(8)
To facilitate a streamlined permitting process under the NBOD, the Planning Board shall conduct Site Plan Review, as specified in Town Hull Zoning Bylaw § 410-4.1, and where appropriate shall conduct this Site Plan Review process concurrently with the Special Permit process for the NBOD, including holding a joint public hearing for Site Plan Review and Special Permit Review.
(9)
Reviews by various municipal boards, departments, agencies or
commissions may be held jointly in accordance with M.G.L. Chapter
40A, S. 11 of the General Laws.
(10)
Minor modifications to the Special Permit may be made at a duly
held regular or special meeting of the Planning Board.
D.
ADULT USE
APPURTENANT STRUCTURES
DORMER
DRIVE-THROUGH RETAIL ESTABLISHMENT
FLAT ROOF
FREEBOARD
GREEN BUILDING
(1)
(2)
(3)
(4)
GROSS FLOOR AREA
HABITABLE SPACE
HEIGHT OF BUILDING
HOTEL
MANSARD ROOF
MARKET HALL
MIXED USE BUILDING
MIXED USE DEVELOPMENT
OPEN SPACE
RESIDENTIAL DISTRICTS
SEGMENTATION
SLOPED ROOF [WITH RAFTERS]
SMART GROWTH
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Definitions.
An adult bookstore, an adult motion picture theater, an adult
dance club, an adult paraphernalia store, an adult video store and
such other uses as defined and provided for by M.G.L. Chapter 40A,
S. 9A.
Appurtenances to buildings which are in no way used for living
purposes, such as chimneys, towers, spires, stairwell penthouses,
and ornamental features, turrets, cupolas or other special features
may extend up to 10 linear feet above the maximum permitted height
provided the plan area of such features does not exceed 10% of the
overall square footage of the roof. Appurtenances shall be a component
of the roof design, and not appear to be a leftover or add-on element.
A structure as part of the roof built with the front wall
flush with the wall below, or projected beyond a maximum of two feet,
or held back no more than half the length of the main sloped or Mansard
Roof, with side walls perpendicular to the pitch of the sloped roof.
"Eyebrow" and hip dormers without side walls also shall be defined
as dormers. Height of dormer shall be no higher than main roof. Linear
footage of dormer shall be measured at the base of the dormer wall,
unless the roof intersects the main roof without side walls, in which
case the width shall be measured at the mean of the dormer roof.
Any commercial use which utilizes a vehicular drive-up window
including but not limited to banks and the sale of food.
A roof whose pitch is a maximum of 1:12. Height measurements
shall be to the perimeter of the roof, or to any level parapet or
to the mean of any pitched or radius parapet.
The elevation of the building above the National Flood Insurance
Program (NFIP) minimum. Freeboard reduces storm and flood damage as
well as helping to protect against sea level rise.
Structures and site that incorporate the following performance
elements:
Minimum impact on ecosystems and water resources and water use
both inside and out. Highest possible energy-efficiency and use of
alternative energy sources including passive solar and/or onsite alternative
energy production.
Use of sustainable building materials and reduction of solid
waste.
Have indoor environmental quality elements which promote better
indoor air quality including natural ventilation and access to daylight
and views.
Compact site layouts that enable and promote walking and provide
physical connections to a range of transportation modes, open space
and other amenities. Incorporation of features for on-site retention,
detention and low impact design treatment of stormwater runoff and
on-site and off-site stormwater drainage sized to accommodate affects
of sea level rise, flooding and increased frequency and intensity
of storm events.
The sum of the floor areas of all the spaces within the building
with no deductions for floor penetrations other than atria is the
Gross Floor Area (GFA) It is measured from the exterior faces of exterior
walls or from the centerline of walls separating buildings but it
excludes covered walkways, open roofed-over areas, porches and similar
spaces, pipe trenches, exterior terraces or steps, roof overhangs,
parking garages, surface parking, and similar features.
An area of any structure that is legally accessible and intended
for human occupancy for permanent residential or commercial uses.
Mechanical rooms, parking areas, storage areas, other passive accommodations
or temporary uses shall not constitute habitable space.
The vertical distance above the curb grade, to the highest
point of the roof beams of a flat roof or the mean of roof rafters
of a sloping roof or to the top of a mansard roof. However, if the
natural grade of the ground contiguous to the building is not at the
curb grade, the height shall be measured from the mean finished grade
at the foundation of the building.
Is defined as any establishment used for the feeding and
lodging of guests which is licensed or required to be licensed under
the provisions of M.G.L. Chapter 140, § 6. The definition
of a hotel shall not include a motel, lodging house or rooming house.
A roof which forms the walls of the top floor of a building
with a Flat Roof above. The pitch of the roof shall be a minimum of
10:12 and maximum of 18:12. Height of Roof shall be measured to the
intersection of the Mansard Roof and the Flat Roof above it.
The lowest floor of a multi-story structure that is not designed as a habitable space but can be occupied on a seasonal basis, is without permanent walls and is for uses including but not limited to temporary commercial or retail uses, cultural uses, parking (limited to 50% of the area) and shall be open with minimum headroom of eight feet and compliant with lowest floor uses as defined in § 410-4.2 and Subsection K of the NBOD.
A combination of office, retail and/or residential uses arranged
vertically in multiple stories of buildings which are mutually supporting,
exhibit physical and functional integration and are developed in conformance
with a coherent design. A combination of commercial parking facilities
and residential uses shall constitute a mixed use.
A development containing a mix of some or all of multi-family
residential, single-family residential, commercial, institutional
and other uses, all conceived, planned and integrated to create vibrant,
workable, livable and attractive neighborhoods is a mixed use development.
Open Space (OS) is defined as; land that is open to the sky,
including natural features of the site and not covered by permanent
structures or impervious surfaces; parts of a lot landscaped with
trees, shrubs, ground covers and grass, walks, bike trails, terraces,
plazas and related pedestrian uses and amenities which may be open
to the public or for occupants of lots. Such space may not include
lot area used for parking, access drives or other impervious areas
intended for vehicular use. OS may include required twenty-foot setbacks
where an NBOD project abuts a residence or residential district. OS
may include public and private walkways linking OS to public ways
and parking and transportation facilities. Impervious surfaces intended
for access for those with disabilities are included in the OS calculation.
OS under the NBOD shall protect and enhance important natural and
cultural resources including but not limited to: natural systems;
cultural resources including passive and active recreation; vistas
and view corridors, and locations for cultural events and celebrations.
Public OS is encouraged in the NBOD.
All residential zoning districts defined in the Zoning Bylaw
including, Single Family A, B and C and Multi-Family A and B.
Developments may not be intentionally divided into parts
to avoid compliance with the requirements of the NBOD.
A roof with a pitch greater than 1:12, terminating in a ridge
or hip.
Well-planned development that protects OS, revitalizes communities,
keeps housing affordable and provides more transportation choices.
There are 12 principles that define Smart Growth:
Mix of land uses.
Take advantage of compact building design.
Create a range of housing opportunities and choices.
Provide a variety of transportation choices including walkable
neighborhoods and transit oriented developments which reduce vehicle
miles travelled.
Foster distinctive, attractive communities with a strong sense
of place.
Preserve OS, natural beauty, and critical environmental areas.
Strengthen and direct development towards existing communities
with respect for historical architectural context and preservation
of significant historical fabric.
Make development decisions predictable, fair, and cost effective.
Encourage community and stakeholder collaboration in development
decisions.
Reduce carbon footprint by conserving energy, and by using alternative
energy sources.
Building and site design which utilizes passive solar energy
and natural ventilation.
Conserving water resources through low impact site design and
conservation.
E.
Special Permit uses. All uses currently allowed in the zoning underlying the NBOD are allowed in the NBOD by Special Permit except for the prohibited uses in Subsection F below.
F.
Prohibited uses. The following uses are prohibited within the boundaries
of the NBOD:
(1)
Adult uses.
(2)
Drive-through food establishment is prohibited. Other drive
through retail establishments if determined by the Planning Board
to create traffic congestion and other detrimental impacts on the
public welfare are also prohibited.
(3)
Automobile, motorcycle and boat repair, sales, and service establishments,
including gasoline or diesel fueling stations.
(4)
Car wash.
(5)
Storage of chemicals or other hazardous materials, except for
household hazardous waste stored in accordance with the Town's Residential
Hazardous Materials guidelines.
(6)
Video arcades unless this use is pre-existing on site prior
to Special Permit request to develop a project through the NBOD or
the Planning Board determines this is an acceptable support function
at the project location under the NBOD.
(7)
Large auditoriums or entertainment uses where they abut Residential
Districts unless the Planning Board determines that sufficient on
and offsite parking is provided and that hours of operation, noise,
light and other use impacts are not detrimental to the neighborhood
and any abutting residential districts and that there is effective
enforcement of all use regulations.
G.
Dimensional, lot and density regulations. The following requirements
shall apply to development carried out under the provisions of this
NBOD. The Special Permit may authorize the continuation, extension
and/or modification of pre-existing dimensional nonconformities and
may apply the yard and dimensional requirements applicable to new
buildings in the NBOD.
(1)
Setbacks and yards
(a)
Minimum lot size: None.
(b)
Minimum frontage: 25 linear feet or other which is deemed by
the Planning Board to be appropriate for the project site.
(c)
Front yard: 10 linear feet from lot line including any right-of-way,
provided however, if there are already buildings fronting on the same
street in the same block, the Planning Board may as an exception by
Special Permit waive this requirement and establish a frontage to
conform to the other buildings. Existing buildings shall not attain
non-conforming status because of this setback requirement.
(d)
Minimum side yard: None, except where the subject property shares
a lot line with a residential parcel in any residential district in
which case the minimum side yard shall be 20 feet. This yard requirement
may be part of the projects required OS.
(e)
Minimum rear yard: None, except where the subject property shares
a lot line with a residential parcel in any residential district in
which case the minimum rear yard setback shall be 20 feet. This yard
requirement may be part of the projects required OS.
(f)
Multi-family residential structures shall be setback at least
25 feet from the boundary of the project area or such lesser distance
as may be permitted by the Planning Board.
(2)
Height: The maximum height shall be 40 feet plus usual appurtenant structures. The Planning Board may approve through the Special Permit process as described in Subsection C of the NBOD, developments of a maximum height 40 feet with the following exceptions:
(a)
In order to preserve existing residential views:
[1]
Where lots in the NBOD abut any Residential District
the maximum height shall not exceed 40 feet plus roof top appurtenant
structures and any flood freeboard allowance. Where the underlying
zoning has a minimum lot area dimension this height restriction shall
apply to an area of the abutting lot up to that minimum which shall
be a transition area between NBOD projects and Residential Districts.
[2]
Buildings within 250 feet from any Residential
District shall not exceed the height of the underlying zoning. The
proponent can overcome this requirement by documenting that the topography
is such that the proposed building and appurtenant structures will
not impede residential views. Documentation required to overcome this
requirement includes but is not limited to:
[a]
Licensed survey of topography with two foot contours
for project site and abutting residential properties in Residential
Districts within an area 250 feet from any Residential District.
[b]
Architectural and engineering plans showing views
of project from residences within 250 feet from project structures
and appurtenant structures.
(b)
The Planning Board may at its discretion issue a Special Permit
allowing new and existing buildings within a Special Flood Hazard
Area, as defined by the latest edition of 780 CMR, to be elevated
beyond the prescribed height limit to provide flood proofing by meeting
or exceeding the flood elevation requirements of said CMR. Buildings
cannot exceed the elevation required to comply with 780 CMR by more
than four feet. Roof top mechanicals appropriately screened or enclosed
must be below the total allowed building height.
(c)
Under Subsection L of the NBOD, "Incentives for constructing buildings that are adapted to and resilient to the impacts of climate change on coastal communities in designated floodplain districts." The Planning Board may at its discretion issue a Special Permit allowing new and existing buildings within a Special Flood Hazard Area, as defined by the latest edition of 780 CMR, to be elevated beyond the prescribed height limit to provide flood proofing by meeting or exceeding the flood elevation requirements of said CMR. Buildings cannot exceed the elevation required to comply with 780 CMR by more than six feet. Roof top mechanicals appropriately screened or enclosed must be below the total allowed building height.
H.
Open Space Requirement. The project proponent shall submit an Open
Space (OS) Plan to the Planning Board for all projects exceeding six
acres. The Planning Board may require an OS Plan and/or conservation
restriction for projects of less than six acres to protect community
interests. All OS Plans shall include a maintenance plan. The purpose
of the OS Requirement is to maintain the character of a beachfront
community. In order to achieve this purpose OS Plans required under
the NBOD shall protect and enhance Hull's many important natural and
cultural resources and interests including but not limited to the
following:
(1)
Natural System(s). In particular, barrier beach and dune systems
as defined in 310 CMR 10 and their functions in providing storm and
flood protection and wildlife habitat.
(2)
Cultural resources including:
(a)
Passive and active recreation spaces, except activities detrimental
to drainage, flood control, erosion and the functions of flood and
storm protection provided by barrier beaches, dunes and other wetlands.
(b)
Vistas and View Corridors: Among the visual resources are water
bodies, parks, beaches, and other OS; landmarks, monuments, and historically
and architecturally important buildings and structures. It is the
policy of the Hull Planning Board to open up, create, and maintain
important view corridors, especially of such landmark features as
Boston Light, World's End, the Weir River, all ocean, bay and harbor
views; Fort Revere, the Boston skyline, and historic sites and buildings.
(c)
Locations for cultural events and celebrations.
(3)
OS Area Requirements: The OS required below shall be left undeveloped and/or improvements and uses as described in Subsection H(4) below shall be provided. The requirements are minimums and the Planning Board may require additional OS and or offsite OS mitigation to protect community interests as described in Subsection H(1) and (2).
(a)
Development projects including six or more acres shall set aside
a minimum of 50% of the total project area, including a required 20
foot wide setback strip around the perimeter of the development, as
OS.
(b)
When a project in the NBOD abuts a residential district a transition of landscaped OS a minimum of 20 feet wide including any or all of the uses in Subsection H(4), must be part of the required OS plan and is included in the required OS area calculation.
(c)
Development projects of less than six acres shall set aside
a minimum of 15% of the total project area as OS which shall include
any required yard or setback.
(d)
Development projects may be phased but not segmented. The projects
OS requirements are calculated based on the entire project build out
regardless of phasing.
(e)
The Planning Board in review of OS plans may consider existing
public OS, conservation areas and recreational opportunities available
in the neighborhood in determining compliance with OS area requirements.
The Board shall consider existing public OS when a project includes
rehabilitation, rebuilding or additions to existing structures.
(4)
A required OS Plan shall have one or a mix of the following
uses:
(a)
Undeveloped property.
(b)
Recreational facilities such as pathways, picnic areas or play-fields.
(c)
Pocket parks, gathering places and plazas which may be open
to the public.
(d)
Walkways and bike lanes linking transit, parking and natural
and built attractions with landscaping, sidewalk furniture and other
pedestrian scale amenities which may be open to the public.
(5)
Contiguity of OS: Preserved OS shall be contiguous to the greatest
extent practicable. Where noncontiguous areas of OS are preferable
to protect conservation areas, applicants shall attempt to connect
these resource areas to the greatest extent practicable through the
use of trails and/or vegetated corridors. OS will still be considered
contiguous if it is separated by a shared driveway, roadway, or an
accessory amenity (such as, paved pathway or trail, or shed for the
storage of equipment).
(6)
Ownership of the OS: OS contained within the property owners'
lot(s) shall be owned and maintained by the property owner. At the
applicant's discretion the OS may be owned by:
(a)
A private owner for any purpose not inconsistent with a conservation
restriction or the approved OS plan;
(b)
A non-profit organization or agency of the Commonwealth, with
their consent, whose principal purpose is the conservation of OS for
any of the purposes set forth herein;
(c)
The Hull Conservation Commission; or
(d)
A property owners association (POA) owned jointly or in common
by the owners of lots or units within the project. If the POA option
is selected the following shall apply:
[1]
The documents organizing the POA shall be submitted
to the Planning Board for approval before final approval of the project,
recorded prior to the issuance of building permits, comply with all
applicable provisions of state law, and pass with conveyance of the
lots or units in perpetuity. Each individual deed, and the deed, trust,
or Articles of Incorporation, shall include language designed to effect
these provisions.
[2]
Membership must be mandatory for each property
owner, who must be required by recorded covenants and restrictions
to pay fees to the POA for taxes, insurance, and maintenance of common
OS, private roads, and other common facilities.
[3]
The POA must be responsible in perpetuity for liability
insurance, property taxes, the maintenance of recreational and other
facilities, private roads, and any shared driveways.
[4]
Property owners must pay their pro rata share of the costs in Subsection H(6)(d)[3] above, and the assessment levied by the POA must be able to become a lien upon individual properties within the project.
[5]
The POA must be able to adjust the assessment to
meet changed needs.
[6]
The applicant shall make a conditional grant to
the Town of Hull, binding upon the POA, of the fee interest to all
OS to be conveyed to the POA. Such offer may be accepted by the Town
of Hull, at the discretion of the Hull Select Board, upon the failure
of the POA to take title to the OS from the applicant or other current
owner, upon dissolution of the association at any future time, or
upon failure of the POA to fulfill its maintenance obligations hereunder
or to pay its real property taxes.
[Amended 5-8-2021 ATM by Art. 6C]
[7]
Ownership shall be structured in such a manner
that real property taxing authorities may satisfy property tax claims
against the OS lands by proceeding against individual property owners
in the POA and the dwelling units they each own.
[8]
Hull Town Counsel must find that the POA documents presented satisfy the conditions in Subsection H(6)(d)[1] through [6] above, and such other conditions as the Planning Board shall deem necessary.
(e)
[1]
The conveyance of a conservation restriction as
outlined herein; and
[2]
The granting of an access easement over such land
sufficient to ensure its perpetual maintenance as conservation, or
recreation land. Such easement shall provide that in the event the
trust or other owner fails to maintain the OS in reasonable condition,
the Town of Hull may, after notice to the lot owners and public hearing,
enter upon such land to maintain it in order to prevent or abate a
nuisance. The cost of such maintenance by the Town of Hull shall be
assessed against the properties within the development and/or to the
owner of the OS.
[3]
Pursuant to G.L. Chapter 40 S. 58 the Town
of Hull may file a lien against the lot or lots to ensure payment
for such maintenance. Pursuant to G.L. Chapter 40 S. 57 the Town
of Hull may also deny any application for, or revoke or suspend a
building permit or any local license or permit, due to neglect or
refusal by any property owner to pay any maintenance assessments levied.
(f)
Maintenance: The Planning Board shall require the proponent
to submit an ongoing maintenance plan and subsequently will establish
ongoing maintenance standards as a condition of development approval
to ensure that utilities are properly maintained and the OS land is
not used for storage or dumping of refuse, junk, or other offensive
or hazardous materials. Such standards shall be enforceable by the
Town against any owner of OS land, including a POA. If the Select
Board finds that the maintenance provisions are being violated to
the extent that the condition of the utilities or the open land constitutes
a public nuisance, it may, upon 30 days written notice to the owner,
enter the premises for necessary maintenance, and the cost of such
maintenance by the Town shall be assessed ratably against the landowner
or, in the case of an POA, the owners of properties within the development,
and shall, if unpaid, become a property tax lien on such property
or properties.
[Amended 5-8-2021 ATM by Art. 6C]
(7)
Permanent Conservation of the Required OS: Any land required
to be set aside as OS, voluntarily preserved in excess of that required,
conserved as a condition of site plan approval and Special Permit,
shall be permanently protected pursuant to Article 97 of the Articles
of Amendment to the Constitution of the Commonwealth of Massachusetts
or a perpetual restriction under G.L. Chapter 184 S. 31-33. Unless
conveyed to the Town of Hull Conservation Commission, the required
OS shall be subject to a permanent Conservation, or Watershed Preservation
Restriction conforming to the standards of the Massachusetts Executive
Office of Environmental Affairs, Division of Conservation Services,
in accordance with G.L. Chapter 184 S. 31-33, approved by the
Planning Board and Select Board and held by the Town of Hull, the
Commonwealth of Massachusetts, or a non-profit conservation organization
qualified to hold conservation restrictions under G.L. Chapter 184
S. 31-33. Any proposed OS that does not qualify for inclusion
in a Conservation Restriction or Watershed Preservation Restriction
or that is rejected from inclusion in these programs by the Commonwealth
of Massachusetts shall be subject to a Restrictive Covenant in perpetuity
under G.L. Chapter 184, Sections 26-30, which shall be approved
by the Planning Board and Select Board and held by or for the benefit
of the Town of Hull.
[Amended 5-8-2021 ATM by Art. 6C]
(a)
The restriction shall specify the prohibited and permitted uses of the restricted land, which would otherwise constitute impermissible development or use of the OS, consistent with the Special Permit Uses, Subsection E, and Prohibited Uses, Subsection F, of the NBOD and any permits. The restriction may permit, but the Planning Board may not require, public access or access by residents of the development to the protected land.
(b)
Such land shall be perpetually kept in an open state, preserved
exclusively for the purposes set forth herein and in the deed and/or
in a restriction, and maintained in a manner which will ensure its
suitability for its intended purposes. Any restriction or other legal
document necessary to permanently conserve OS as required herein shall
be recorded before lots are released or building permits are issued,
whichever comes first.
I.
General Requirements for Developments Under the NBOD.
(1)
Screening. NBOD areas abutting or within a residential area
shall provide screening along the common property line in the form
of an opaque fence, wall, or continuous evergreen shrubbery at least
six feet in height.
(2)
Fixed, retractable, or removable awnings and canopies for the
protection of the public from the elements may be erected or installed
within the front yard areas. On commercial and mixed use buildings
these structures shall be limited to a six-foot extension across the
full face of the building. On multi-family residential buildings the
awnings and canopies shall be limited to the area of the front entry
walkway extending in a straight line to the building and not exceeding
six feet in width with minimum clear headroom of six feet eight inches.
(3)
The Planning Board after receiving recommendations from the Design Review Board will determine the size, type and design of all signs, notwithstanding the provisions of Article VII of the Zoning Bylaw. Any future change in signage shall require an application to amend the Special Permit to the Planning Board.
J.
Off-Street Parking and Loading Requirements. Off-Street Parking Requirements
for the NBOD are Specified in Table 1.
|
Table 1
| |
|---|---|
|
Use
|
Required Spaces
|
|
Studio and 1-bedroom residential units
|
1 spaces/unit
|
|
2 or more bedroom residential units
|
2 spaces/unit
|
|
Eating and drinking establishments
|
1 space/4 seats or 2 spaces/150 sq. ft gross floor area (GFA)
|
|
Hotels, motels, inns and bed and breakfasts
|
0.75 spaces/guest room; add 1 space/500 sq. ft. meeting or banquet
area
|
|
Medical, dental, or professional office building
|
1.3 spaces/200 sq. ft. GFA
|
|
Offices (general)
|
1 space/300 sq. ft. GFA
|
|
Retail business and service establishments
|
1 space/250 sq. ft. GFA on 1st floor;
1 space/500 sq. ft. GFA thereafter on other floors (excluding basement
storage)
|
|
Theaters, auditoriums/halls, places of assembly
|
1 space/5 seats or per 8 linear ft. bench seating; OR 1 space/100
sq. ft. floor area if there are not fixed seats
|
|
Mixed-uses in a single building/development
|
Sum of individual uses; shared parking provision may apply
|
|
Notwithstanding the foregoing parking requirements, if the applicant
provides valet parking or other suitable alternative services, the
Planning Board may authorize lesser requirements for both the number
and size of parking spaces.
|
(1)
Shared Parking: Shared parking is encouraged in the NBOD. The goal of shared parking is to utilize limited parking space efficiently and thereby reduce congestion and air pollution by reducing "cruising" for parking spaces. When shared parking is proposed under the NBOD the proponent shall be required under Subsection C(1)(a) to submit a traffic impact study including a parking program.
(a)
Stores, offices and other lawful uses except hotels, motels,
residences, boarding houses, and rooming houses which are located
in the NBOD may propose shared parking using the Department of Conservation
and Recreation (DCR) parking lots providing that the legal distance
between a DCR public parking lot and the main pedestrian entrance
of the proposed use does not exceed 500 feet and the proponent has
documented authorization from DCR to utilize DCR parking spaces which
includes the number of spaces, their location and time and season
of use.
(b)
Parking required for two or more buildings or uses may be provided in combined parking facilities where such facilities will continue to be available for the several buildings or uses. The total number of required spaces may be reduced by up to 1/2 if it can be demonstrated that the hours of days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility. Proposals for shared parking shall be reviewed under Special Permit procedures concurrently with Site Plan Review, § 410-4.1. The following requirements shall be met:
[1]
The proponent shall provide documented evidence
of reduced parking needs based on planning and engineering practice
satisfactory to the Planning Board.
[2]
The Planning Board shall determine how a combined
or mixed use facility shall be broken down into its separate (constituent)
components.
[3]
If a lower total is approved, no change in any
use shall thereafter be permitted without further evidence to the
Planning Board that the parking will remain adequate in the future,
and if the evidence is not satisfactory, then additional parking shall
be provided (either on- or off-site, or via a fee-in-lieu of parking)
before a change in use is authorized by the Planning Board. A change
in use of the entity providing the shared parking spaces will require
the entity utilizing the shared parking to request an amended Special
Permit for a new parking plan.
[4]
Any change in use, ownership or control of the
entities owning or controlling the shared parking will require evidence
of continued availability of shared parking to be provided to the
Planning Board and Town Counsel and any such approved change shall
be filed with the Site Plan if applicable and at the Registry of Deeds.
[5]
Off-street parking related to residential uses
must be accommodated for on-site or nearby in a specific off-site
lot controlled by the proponent.
(2)
Fee-in-lieu of parking. All or a portion of the required off-street
parking for commercial, non-residential uses may be waived by a Special
Permit from the Planning Board when the property is located within
the NBOD, provided the following conditions are met:
(a)
The proponent provides evidence of a sufficient number of available
public parking spaces in the vicinity of the property to justify the
waiver without detriment to public transportation, health, and welfare
and that the proponent is authorized to use said parking spaces from
the controlling public entity, the Town's Select Board or the Department
of Conservation and Recreation.
[Amended 5-8-2021 ATM by Art. 6C]
(b)
The Town is paid a fee equal to the fair market value of the
waived parking spaces (the area of which shall be determined by the
number of waived spaces times 200 square feet) plus the cost of converting
such spaces into a parking lot, or public/private parking garage as
estimated by the Planning Board with the advice of a consulting engineer
and a minimum of two appraisals whose fees will be paid through an
escrow account funded by the proponent. The Planning Board may require
additional appraisals if deemed necessary. The owner of the property
subject to the waiver is responsible for the payment in lieu of parking.
(c)
Payments in lieu of parking shall be made to a special Town
account whose expenditures will be limited to costs related to parking
and parking related transportation and facilities and bicycle facilities
including trolley service connecting to remote parking lots and transit
within and in the vicinity of the NBOD.
(d)
If the property owner donates to the Town a public right-of-way
providing an important pedestrian or vehicular linkage, or contributes
to the capital or operating expenses of the public trolley or bicycle
system in accordance with a parking management or circulation plan
adopted by the Planning Board, the Board may reduce the fee specified
in the paragraph above by an amount equal to the value of the donation,
up to the total amount of the fee.
(e)
Any waiver of off-street parking approved under this Section
shall run with the land. Any subsequent changes of use requiring more
parking shall necessitate a parking plan amendment and Planning Board
review. No refund of any payment shall be made when there is a change
to a use requiring less parking. Such payment and/or donation shall
be made to the Town in total prior to the issuance of a building permit.
(3)
Bicycle parking
(a)
Bicycle parking shall be provided for all new development, and
shall be located as close as possible to the building entrance(s).
(b)
Two bicycle parking spaces shall be provided for each 20 off-street
parking spaces required.
(c)
Each will be a minimum of two feet wide by six feet long.
(d)
Rack(s) will be provided that allow for the bicycle frame and
one wheel to be locked to the rack and that support the bicycle in
a stable position without damage to wheels, frame or components. All
bicycle racks shall be securely anchored to the ground or building
structure.
(e)
Any property required to have bicycle parking may establish
a shared bicycle parking facility with any other property owner in
the same block.
K.
Design Standards
(1)
The purpose of this Section is to provide standards to guide
the development of buildings and renovations in the NBOD with human-scale,
pedestrian-oriented, high-quality design that contributes to the Nantasket
area's visual interest and vibrancy and relates to the community's
historic architectural types.
(2)
In addition to the criteria in Chapter 127 of the Town of Hull General Bylaws and § 410-4.1 of this Zoning Bylaw, the Planning Board and the Design Review Board shall consider the following development attributes when evaluating development proposed in the NBOD:
(a)
Facade and openings. All primary commercial and residential
building entrances shall be visible from the right-of-way and the
sidewalk, and shall have an entrance directly accessible from the
sidewalk. Doors shall not extend beyond the exterior facade into pedestrian
pathways.
(b)
Scale, massing and spacing of buildings. The size and detailing
of buildings shall reflect the community preference for moderate-scale
structures that do not resemble "big box shopping centers." New buildings
and/or substantial alterations shall incorporate features to add visual
interest while reducing the appearance of bulk or mass, such as varied
facades, rooflines, roof heights, materials, and appropriately designed
details such as moldings, cornices, bay windows, turrets, arcades,
colonnades, brick chimneys or shutters appropriately designed and
proportioned. Buildings shall provide for sight buffers and preservation
of light and air to adjacent premises and roadways. Length of a building
along its front shall not exceed 80 feet without one or a combination
of the following where deemed appropriate by the Planning Board:
(c)
Buildings shall relate to the pedestrian scale by:
[1]
Including architectural details to add visual interest
along the ground floor of all facades that face streets, squares,
pedestrian pathways, parking lots or other significant public OS.
[2]
Articulating the base, middle and top of the facade
separated by cornices, string cornices, step-backs or other similar
features.
[3]
Continuous lengths of flat, blank walls adjacent
to streets, pedestrian pathways, or OS shall not be permitted.
[4]
Flat roofs are discouraged to avoid a box shaped
appearance and to create visual breaks in the verticality of the facade
for any buildings over 30 feet. Buildings over 30 feet that are proposing
flat roofs shall incorporate design features that minimize the box
shape appearance. This may be accomplished through the use of:
[Amended 5-8-2021 ATM by Art. 11]
(d)
Site design. The qualities and performance of building sites
may be included in any design standards adopted by the Planning Board
and may include the following areas for review:
[1]
The location and configuration of proposed buildings
and structures, parking areas and OS shall be designed so as to minimize
shadow effects and any adverse impact on temperature levels or wind
velocities on the site or adjoining properties.
[2]
All attributes included in the definition of Green
Buildings.
[3]
Identify natural and manmade storm and flood protection.
[4]
Infrastructure including water, sewer, power and
data systems.
[5]
Conservation of public view corridors and vistas;
Among Hull's important visual features are water bodies, parks, beaches,
and other OS; landmarks, monuments, and historically and architecturally
important buildings and structures. It is the policy of the Planning
Board to open up, create, and maintain important view corridors, especially
of such landmark features as Boston Light, World's End, the Weir River,
all ocean, beach, bay and harbor views. Boardwalks and site design
elements may be used to enhance visual access to these coastal and
cultural assets.
[6]
Dumpster enclosure, loading facilities, any utilities,
HVAC and similar service elements locations shall be addressed as
early as possible in design review.
(e)
Exterior architectural details, materials, colors. Traditional
materials or materials visually indistinguishable and compatible with
traditional materials are encouraged, such as cement fiber clapboards
without artificial wood texture. Vinyl siding is strongly discouraged.
PVC trim, moldings and railings are permitted within the established
standards.
[1]
Awnings and canopies shall be compatible with the
architectural style of the building. Colors and patterns used for
awnings and canopies shall be subdued and compatible with existing
awnings on adjacent buildings.
[2]
Except for minor trim, the building shall avoid
the appearance of reflective materials. Glazing for windows and doors
shall be non-reflective.
[3]
Ground floor commercial building facades facing
streets, squares, or other pedestrian spaces shall contain transparent
windows. Ground floor facades should avoid blank walls. Wherever possible,
existing historic structures on the site shall be preserved and renovated
for use as part of the development. Building facades and materials
shall be varied to avoid appearance of building mass inappropriate
for historic beachfront community.
[4]
Any alteration of or addition to an historic structure
shall employ materials, colors and textures as well as massing, size,
scale and architectural features that are compatible with the original
structure. Distinctive features, finishes, and construction techniques
or examples of craftsmanship that characterize a historic property
shall be preserved.
(f)
Roof slopes and shapes. New construction, including new development above existing buildings and/or substantial alterations, shall incorporate gables, dormers, cupolas, towers or other traditional roof forms which will be consistent with the historic architecture of the Town of Hull. Flat roofs are discouraged see Subsection K(2)(c)[4]. Roof slopes and shapes shall be varied to encourage appearance of building mass appropriate for historic beachfront community.
(g)
Mechanical equipment located on roofs shall be screened and/or
enclosed, organized and designed as a component of the roof design,
and not appear to be a leftover or add-on element. Roof top mechanicals
appropriately screened or enclosed must be below any height allowance
allowed for flood protection in the NBOD.
(h)
Pedestrian amenities. To the maximum extent possible development
in the NBOD shall provide pedestrian amenities, such as wide sidewalks/pathways,
outdoor seating/benches, plazas, squares or courtyards. Pedestrian
pathways/sidewalks that connect parking areas with adjacent developments
are encouraged.
(3)
The Planning Board after consultation with the Design Review
Board may promulgate more detailed design standards and guidelines
in addition to the above criteria.
L.
Incentives for constructing buildings that are adapted to and resilient
to the impacts of climate change on coastal communities in designated
floodplain districts.
(1)
The purpose of this section is to encourage construction that
will withstand increased flood elevations and frequency and intensity
of storm events for new buildings and those being substantially improved
(costs equal or exceed 50% of the appraised market value).
(2)
This Section provides the following incentives:
(a)
The Planning Board will permit projects under Subsection L through the Special Permit procedures (Subsection C of the NBOD). Projects permitted under this Section will be eligible for a rebate of up to $500 on the building permit fees through the Town's established administrative process for "freeboard" rebate.
(b)
Buildings will be eligible for insurance savings from the National Flood Insurance Program based on their elevation above the National Flood Insurance Program (NFIP) minimum height requirements. Projects proposed under Subsection L must determine and report on their potential insurance savings allowed from NFIP due to their proposed "freeboard".
(c)
In order to provide storm and flood protection for new and existing
buildings within a Special Flood Hazard Area, as defined by the latest
edition of 780 CMR, the Planning Board may allow building heights
up to a maximum of 40 feet above a non habitable lowest floor (as
defined in S. 42 of this Bylaw) which must be a "Market Hall." The
height of the "Market Hall" will be calculated by adding the required
flood elevation plus up to six feet of freeboard. Therefore the total
building height is calculated by adding the flood elevation plus the
allowed freeboard up to six feet and up to the maximum allowed 40
feet of habitable space. Buildings cannot exceed the elevation required
to comply with 780 CMR by more than six feet.
(3)
In order to receive these incentives, the project must incorporate
the following elements into the proposed development:
(a)
All buildings must comply with existing Floodplain Regulations as set forth in § 410-4.2 of this Zoning Bylaw.
(b)
The lowest floor or story of a building shall not contain habitable space, regardless of the property's location within the Floodplain Districts set forth in § 410-3.8 and § 410-4.2 of this Zoning Bylaw and the property's designation within special flood hazard areas by the Plymouth County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. Instead, open commercial lowest floor space will be used for temporary non-habitable uses as inspired by the traditional Market Hall that provide utility and ideally, contribute to economic and social activity of the NBOD.
(c)
Lowest floor uses may include but are not limited to:
[1]
Farmer's markets, vendor stalls.
[2]
Art exhibition and performance art.
[3]
Beach Reservation Visitors' Center and historic
exhibits.
[4]
Temporary outdoor eating spaces, such as cafe tables
for seasonal restaurants.
[5]
Parking, provided that the space allotted to parking
does not occupy more than 50% of the total lowest floor square footage
and is screened from other uses by three to five feet height screening
with minimum 50% opacity.
[6]
Facilities to access the habitable floors of the
structure, including enclosed stairways, foyers, elevators and similar
facilities.
(d)
Mechanical, electrical service and HVAC equipment shall not
be located on the lowest floor, but rather shall be located on roof
or upper stories and screened or enclosed as an integral part of the
building design and not an add on feature.
(e)
Generators sized to meet the emergency electrical demands of
the building are located on roof or upper stories.
(f)
Underground utility lines and submersible electrical transformers
are required where appropriate and feasible.
(g)
To the greatest extent possible buildings will be constructed
to the highest storm and flood resistant standards for the A Zone,
as described in 780 CMR 120.G, Flood-Resistant Construction and Construction
in Coastal Dunes.
(h)
To the greatest extent possible, proponents shall incorporate in their buildings and developments the standards for building construction, architecture and site design for "Green Building" as defined in Subsection D of the NBOD.
(i)
To the greatest extent possible built landscape features that
function to provide storm and flood protection shall be constructed
and maintained.
[Added 2-12-2018 STM
by Art. 7]
All marijuana related uses (medical and/or recreational) are
prohibited outside the boundaries of the Marijuana Overlay District.
A.
Purpose. The purpose of the Marijuana Overlay District (MOD) is to
provide for the placement and regulation of Marijuana related uses
as authorized pursuant to State regulations with a goal of minimizing
potential adverse impacts on adjacent property owners, neighborhoods,
and the Town in general.
B.
MARIJUANA ESTABLISHMENT
MARIJUANA PRODUCT
REGISTERED MARIJUANA DISPENSARIES
Definitions.
A marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana related business. Does not include Registered Marijuana
Dispensaries.
Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use of consumption, including edible products, beverages,
topical products, ointments, oils and tinctures.
Entity and facility registered under 105 CMR 725.100 that
acquires, cultivates, possesses, processes, transfers, transports,
sells, distributes, dispenses, or administers marijuana, products
containing marijuana, related supplies, or educational materials to
registered qualifying patients or their personal caregivers.
C.
Authority and Establishment
(1)
The Planning Board shall be the Special Permit and Site Plan
Review Granting Authority for uses in the MOD.
(2)
The boundaries of the MOD are shown on the Town of Hull Zoning
Map on file with the Town Clerk.
(3)
Within the MOD all requirements of the underlying districts
remain in effect, except where these regulations provide an alternative
to such requirements. If the provisions of the MOD are silent on a
zoning regulation, the requirements of the underlying district shall
apply. If the provisions of the MOD conflict with the requirements
of the underlying district, then the provisions of the MOD shall control.
D.
Special Permit and Site Plan Review Administration and Procedures
E.
Severability. If any provision of this by-law shall be found invalid for any reason, such invalidity shall be construed as narrowly as possible, and the balance of the Section shall be deemed to be amended to the minimum extent necessary, so as to secure the purposes thereof, as set forth in Subsection A hereof.
F.
Registered Marijuana Dispensaries (Medical Marijuana). Applicants
seeking approval to operate a Registered Marijuana Dispensaries (RMD)
within the MOD shall proceed under the following regulations:
(1)
Use Regulations. Registered Marijuana Dispensaries are allowed
only within the set boundaries of the MOD.
(2)
Host Agreement. Prior to application with the Planning Board
applicants shall negotiate a host agreement with the Select Board.
[Amended 5-8-2021 ATM by Art. 6C]
(3)
Application. In addition to the materials required under § 410-3.5A(2) of the Zoning By-Law, the application for a Special Permit RMD shall include:
(a)
Disclosure Statement - A notarized statement signed by the organization's
Chief Executive Officer and corporate attorney disclosing all of its
designated representatives, including officers and directors, shareholders,
partners, members, managers, directors, officers or other similarly-situated
individuals and entities and their addresses. If any of the above
are entities rather than persons, the Applicant must disclose the
identity of all such responsible individual persons for such entity.
(b)
Description of Activities - A narrative describing the type
and scale of all activities that will take place on the proposed site,
including, but not limited to on-site sales of marijuana or marijuana
infused products, off-site deliveries, distribution of educational
materials, and other programs or activities.
(c)
Floor Plans - A floor plan of the premises of the proposed RMD
that identifies the square footage available and describes the functional
areas of the RMD.
(d)
Site Plans - A plan or plans depicting all proposed development on the property as required under § 410-4.1 of this bylaw.
(e)
Service Area - A map and narrative describing the area proposed
to be served by the RMD and the anticipated number of clients that
will be served within that area. This description shall indicate where
any other RMD exists or have been proposed within the expected service
area.
(f)
Transportation and Parking Analysis - A quantitative analysis,
prepared by a qualified transportation specialist acceptable to the
Planning Board, modeling the expected origin and frequency of client
and employee trips to the site, the expected modes of transportation
used by clients and employees, and the frequency and scale of deliveries
to and from the site.
(g)
Context Map - A map depicting all lots and land uses within
a 500-foot radius of the premises.
(h)
Building Elevations and Signage - Architectural drawings of
all exterior building facades and all proposed signage, specifying
materials and colors to be used.
(i)
Registration Materials: RMD shall be registered by the Massachusetts
Department of Public Health (DPH) and copies of the application materials
issued for the purpose of seeking registration included in the application
to the Town.
(j)
Letters from the Police and Fire Departments indicating that
they have reviewed the application materials and approve the safety
and security measures of the RMD.
(k)
Executed host agreement.
(4)
Dimensional Regulations. Dimensional Regulations are governed
by the underlying zoning or applicable overlay district.
(5)
Special Permit Criteria. In granting a Special Permit for a RMD, in addition to the general criteria for issuance of a Special Permit as set forth in § 410-3.5A(2) of this Zoning By-Law, the Planning Board shall find that the following criteria are met:
(a)
The building or buildings in which RMD activities take place
shall not be located within, on the same lot as, or on a lot adjacent
to a licensed pharmacy or within buildings that contain any pharmacy,
medical doctor offices or the offices of any other professional practitioner
authorized to prescribe the use of medical marijuana, which exist
as of the effective date of this amendment to the Zoning By-Law.
(b)
The RMD shall establish policies and procedures to ensure that
no marijuana is smoked, eaten or otherwise consumed or ingested on
the Premises.
(c)
The hours of operation shall be set by the Planning Board, but
in no event shall a RMD be open to the public, nor shall any sale
or other distribution of marijuana occur upon the Premises or via
delivery from the Premises, between the hours of 8:00 p.m. and 8:00
a.m.
(d)
The RMD meets all of the permitting requirements of all applicable
agencies within the Commonwealth of Massachusetts and will be in compliance
with all applicable state laws and regulations.
(e)
The Premises have been designed to be compatible with other
buildings in the area and to mitigate any adverse visual or design
impacts that might result from required security measures and restrictions
on visibility into the building's interior.
(f)
The RMD provides a secure indoor waiting area for individuals
and clients.
(g)
The site is designed such that it provides convenient, safe
and secure access and egress for clients and employees arriving to
and leaving from the site using all modes of transportation, including
drivers, pedestrians, bicyclists and public transportation users.
(h)
Traffic generated by client trips, employee trips, deliveries
to and from the RMD, and parking and queuing especially during peak
periods at the RMD, shall not create a substantial adverse impact
on nearby uses.
(i)
Buffer Zone: An RMD or Marijuana Establishment shall not be
sited within a radius of 500 feet of an existing, licensed daycare
center; a school or a playground dedicated to the primary use by or
for children; a facility where the primary use is a video arcade;
or the Paragon Carousel. The 500 foot distance shall be measured in
a straight line from the nearest point of that portion of a lot dedicated
to the use of any of the activities (e.g., Marijuana Establishment,
school, playground, etc.), so, by way of example and not limitation,
if the Marijuana Establishment is located in a multi-tenanted building
and a playground is located in or on a portion of a larger lot, the
line would be measured from the closest exterior portion of the Marijuana
Establishment premises to the nearest point of the portion of the
lot used for playground purposes.
(6)
Special Permit Conditions. The Planning Board shall impose conditions
reasonably appropriate to improve site design, traffic flow, public
safety, air quality, and preserve the character of the surrounding
area and otherwise serve the purpose of this Section. In addition
to any specific conditions applicable to the Applicant's RMD, the
Planning Board shall include the following conditions in any Special
Permit granted under this Section:
(a)
Hours of Operation, including dispatch of home deliveries.
(b)
The Special Permit shall be limited to the current Applicant
and shall lapse if the permit holder ceases operating the RMD.
(c)
The Special Permit shall lapse upon the expiration or termination
of the Applicant's registration by DPH.
(d)
The permit holder shall provide to the Building Commissioner,
Police and Fire Departments, and the Board of Health, the name, telephone
number and electronic mail address of a contact person in the event
that such person needs to be contacted after regular business hours
to address an urgent issue. Such contact information shall be kept
updated by the permit holder.
(e)
The designated contact person(s) shall notify in writing the
Police and Fire Departments, Building Commissioner, Board of Health,
and the Planning Board within a minimum 12 hours following a violation,
a potential violation, or any attempts to violate any applicable law,
or any criminal, potential criminal, or attempted criminal activities
as a RMD permitted under this Section.
(f)
The designated representatives shall file an annual report (annually
from the issuance of a Certificate of Occupancy) with the Office of
Community Development providing a copy of all current applicable state
licenses for the RMD and to demonstrate continued compliance with
the conditions of the Special Permit.
(g)
An RMD licensed after July 1, 2017 shall not convert to a Marijuana Establishment without following the Special Permit and Site Plan Review procedures outlined in Subsection G.
G.
MARIJUANA
ESTABLISHMENTS (RECREATIONAL MARIJUANA)
(1)
Consistent with G.L. c. 94G sec. 3(a)(2), all types of marijuana
establishments as defined in G.L. c. 94G, Section 1(j), to include
all marijuana cultivators, marijuana testing facilities, marijuana
product manufacturers, marijuana retailers or any other type of licensed
marijuana-related businesses, shall be prohibited within the Town
of Hull.
(2)
This prohibition shall not apply to the sale, distribution, manufacture
or cultivation of marijuana for medical purposes if licensed in accordance
with applicable law.
