Town of Dedham, MA SPECIAL REGULATIONS

The provisions of this Section have neither the purpose nor intent of imposing a limitation or restriction on the content of any communicative matter of materials, including sexually oriented matters or materials. Similarly, it is not the purpose or intent of this Section to restrict or deny access by adults to sexually oriented matter or materials protected by the Constitutions of the United States or of the Commonwealth of Massachusetts, or to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute, or exhibit such matter or materials. Neither is it the purpose or intent of this Section to legalize the sale, rental, distribution, dissemination, or exhibition of obscene or other illegal matter or materials, as defined in G.L. c. 272, § 31.

Establishment of adult uses overlay district, and relationship to underlying districts.

The Adult Uses Overlay District ("AUOD") is established as a district that overlays the underlying districts, so that any parcel of land lying in the AUOD shall also lie in one or more of the other zoning districts in which it was previously classified, as provided for in this Zoning Bylaw. Land and buildings in the AUOD may be used for any purpose permitted as of right or by special permit in the underlying district, and all requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.

ADULT ENTERTAINMENT ESTABLISHMENT

The AUOD shall include assessor's map and block numbers 149-3B, 150-5, 150-7A, 150-7B, 162-1, 162-3, 162-44, and 162-45 in the Research, Development, and Office Zoning District, as depicted on the plan prepared by the Town of Dedham Department of Infrastructure Engineering titled 'Enterprise Drive Adult Use Overlay District, which is incorporated herein by reference and which is on file with the Town Clerk.

Definitions.

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock in trade books, magazines, and other matter which are distinguished or characterized by their emphasis on depicting, describing, or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, s. 31.

Any establishment which provides live entertainment for its patrons, a substantial or significant portion of which consists of entertainers engaging in sexual conduct or nudity as defined in G.L. c. 72, s. 31.[1]

ADULT MOTION PICTURE THEATER

An establishment used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in G.L. c. 272. s. 31.

ADULT PARAPHERNALIA STORE

An establishment having as a substantial or significant portion of its stock in trade devices, objects, tools, or toys that are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in G.L. c. 272, s. 31.

ADULT USES

Adult Bookstore, Adult Motion Picture Theater, Adult Paraphernalia Store, Adult Video Store, or Adult Entertainment Establishment, as defined herein.

ADULT VIDEO STORE

An establishment having as a substantial or significant portion of its stock in trade, videos, movies, or other film materials that are distinguished or characterized by their emphasis on depicting, describing, or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, s. 31.

FIREARM

A gun, pistol, or any weapon capable of firing a projectile and using an explosive charge as a propellant.

[Added 11-19-2019 ATM by Art. 12]

FIREARMS BUSINESS

A retail or wholesale operation involving the purchase or sale of firearms, with or without sale of ammunition and/or firearms accessories, by a federally licensed firearms dealer.

[Added 11-19-2019 ATM by Art. 12]

SUBSTANTIAL OR SIGNIFICANT PORTION

This term as used herein shall mean any of the following:

20% or more of the business inventory or stock or merchandise for sale, rental, distribution, or exhibition during any period of time.

20% or more of the annual number of gross sales, rentals, or other business transactions

20% or more of the annual gross business revenue.

20% or more of the hours during which the establishment is open.

Editor's Note: See MGL c. 272, § 31.

Scope of permitting authority. Adult Uses and Firearms Businesses, as defined in this Section, may be permitted in the AUOD upon the granting of a Special Permit by the Board of Appeals, subject to requirements, conditions, and limitations as specified in this Section. Adult Uses and Firearms Businesses are not allowed in the Town, other than in the AUOD in accordance with the requirements of this Section.

[Amended 11-19-2019 ATM by Art. 12]

Adult Uses and Firearms Businesses shall not be considered accessory uses.

A Public Hearing shall be held on an application for a Special Permit for an Adult Use or Firearms Business, and the Board of Appeals shall act on the application in accordance with the provisions of G.L. c. 40A, ss. 9, 9A, and 11; provided, however, that the hearing shall be closed no later than 60 days after the opening of the hearing, and the Board of Appeals shall act on the application within 30 days after the hearing is closed, unless the applicant consents in writing to an extension of such time periods.

Special permit submittal requirements.

A completed application and form shall be submitted pursuant to the rules and regulations of the Board of Appeals. The completed application must also include all of the following:

[Amended 11-19-2019 ATM by Art. 12]

(a)

Name, address, business address, and telephone numbers of the legal owner or owners of the proposed Adult Use or Firearms Business.

(b)

Name, address, business address, and telephone number of the manager of the proposed Adult Use or Firearms Business.

(c)

Name, address, business address, and telephone numbers of all persons having any equity, including beneficiaries or other interest in such Adult Use or Firearms Business, including but not limited to security interest, liens, mortgages, or other interest. In the event that a corporation, partnership, trust, or other entity is listed, the name, address, business address, and telephone number of every person who is an officer, director, shareholder, or trustee of the entity must be listed, in order that the Board of Appeals may know who are the persons who actually own and control that Adult Use or Firearms Business.

(d)

A sworn statement that neither the application, the manager, nor any person having any equity or other interest in the Adult Use or Firearms Business has been convicted of violating the provisions of G.L. c. 119, s. 63 or G.L. c. 272, s. 28, or similar laws in other states.

(e)

The total number of employees.

(f)

Proposed provisions for security within and without the Adult Use or Firearms Business.

(g)

The physical layout of the interior of the structure in which the Adult Use or Firearms Business will be located.

(h)

A full description of the intended nature of the business.

Special permit requirements and conditions.

[Amended 11-19-2019 ATM by Art. 12]

General. A Special Permit for an Adult Use or Firearms Business shall be granted by the Board of Appeals upon its written determination that the requirements and conditions of this Subsection F have been satisfied. The Board of Appeals may impose such reasonable conditions on the operation of the Adult Use or Firearms Business as the Board of Appeals deems appropriate for the protection of public health, safety, and welfare, including reasonable limits on the hours of operation. § 280-9.3B of the Bylaw shall not apply to the consideration of an application for a Special Permit for an Adult Use.

Location. No Adult Use or Firearms Business may be located less than 150 feet from a residential use or residential zoning district, school, library, church or other religious use, child-care facility, park, playground, recreational areas where large numbers of minors regularly travel or congregate, any establishment licensed under the provisions of G.L. c. 138, s. 12, or another Adult Use or Firearms Business. The distance specified above shall be measured by a straight line from the structure in which the Adult Use or Firearms Business is to be located to the nearest boundary line of a residential zoning district, or the nearest property line of any of the designated uses set forth herein.

Display. No signs, graphics, pictures, publications, videotapes, movies, covers, merchandise or other implements, items, or advertising depicting, describing, or relating to sexual content or sexual excitement as defined in G.L. c. 272, s. 31 shall be displayed in the windows of, or on the building of, any Adult Use, or be visible to the public from the pedestrian sidewalks or walkways or from other areas outside such Uses. No exterior display of Adult Use or Firearms Business product or services is allowed.

Screening. All building openings, entries, and windows shall be screened in such a manner as to prevent visual access by the public to the interior of the Adult Use or Firearms Business. The Board of Appeals may impose conditions requiring that fencing or plantings be installed along rear and side lot lines to screen the premises from adjoining properties.

Building appearance. The appearance of the building in which the Adult Use or Firearms Business is to be located shall be consistent with the appearance of buildings in similar (but not specifically "adult") use in the Town, and shall not employ unusual colors or building design that would attract attention to the premises.

(6)

Interior booths. If the Adult Use allows for the showing of films or videos within the premises, the booths in which the films or videos are viewed shall not be closed off by curtains, doors, or screens. All such booth openings shall be clearly seen from the center of the establishment.

(7)

Minors. No Adult Use shall be allowed to disseminate adult matter to minors, to cause Adult Use displays to be viewed by minors, or to allow minors to linger on the premises. No minors shall have access into or within a Firearms Business unless accompanied by an adult.

(8)

Parking. Adult Uses or Firearms Businesses are subject to the requirements set forth in § 280-5.1 of the Zoning Bylaw.

(9)

Lighting. No exterior lighting (or internal lighting visible from the exterior of the building) shall be flashing or intermittent in nature.

(10)

Owners and managers. A Special Permit for an Adult Use shall not be granted if the Adult Use is owned by or to be managed by any person or persons convicted of violating the provisions of G.L. c. 119, s. 63 or G.L. c. 272, s. 28, or similar laws in other states.

A Special Permit for a Firearms Business shall not be granted if the Firearms Business is owned by or to be managed by any person or persons convicted of violating the provisions of G.L. c.140, s.122B, G.L. c.140 s.130, G.L. c.140 s.131N, or similar laws in other states.

(11)

Operation of Firearms Businesses. Firearms Businesses shall be subject to the following operational requirements to the extent such requirements do not conflict or prevent compliance with applicable Federal and State law:

(a)

Videotaping the Point of Sale for All Firearms Transactions. Permitted retailers shall videotape the point of-sale of all firearms transactions and maintain videos for six months to deter illegal purchases and monitor employees.

(b)

Computerized Crime Gun Trace Log and Alert System. Permitted Retailers shall maintain a computerized system to log crime gun traces. If a customer who has a prior trace at that retailer attempts to purchase a firearm, the sale shall be electronically flagged, but may proceed at the dealer's discretion.

(c)

Purchaser Declaration. For sales flagged by the trace alert system, permitted retailers shall ask purchasers to fill out a declaration indicating that they meet the legal requirement to purchase the firearm.

(d)

Deterring Fake IDs. Permitted retailers shall only accept valid federal- or state-issued picture IDs as primary identification. Retailers shall utilize additional ID checking mechanisms.

(e)

Consistent Visible Signage. Permitted retailers shall post signage to alert customers of their legal responsibilities at the point-of-sale.

(f)

Employee Background Checks. Permitted retailers shall conduct criminal background checks for all employees selling or handling firearms.

(g)

Employee Responsibility Training. Permitted retailers shall conduct or otherwise provide a training program for employees focused on deterring illegal purchasers.

(h)

Inventory Checking. Permitted retailers shall conduct daily and quarterly audits of firearms within their stores.

(i)

No Sales Without Background Check Results. Permitted retailers shall prohibit sales based on "default proceeds," which are permitted by law when the background check has not returned a result within 3 days.

(j)

Securing Firearms. Participating retailers shall maintain firearms kept in customer accessible areas in locked cases or locked to racks.

Termination of special permit for adult uses.

[Amended 11-19-2019 ATM by Art. 12]

A Special Permit for an Adult Use or Firearms Business shall be issued to the owner of the Adult Use or Firearms Business, and is not transferrable upon a sale, transfer, or assignment of the Adult Use or Firearms Business, except with the approval of the Board of Appeals.

If there is a change in the identity of the manager of the Adult Use or Firearms Business, the Building Commissioner and the Board of Selectmen shall be notified of such change. Failure to comply with this provision shall terminate the Special Permit.

A Special Permit for an Adult Use or Firearms Business shall be terminated if the owner or manager of the Adult Use or Firearms Business is found to have been convicted of violating G.L. c. 119, s. 63, or GL c. 272, s. 28, or similar laws in other states.

A Special Permit for a Firearms Business shall be terminated for violating G.L. c.140, s.122B, G.L. c.140 s.130, G.L. c.140 s.131N, or similar laws in other states.

Severability. If any provision of this Section is ruled invalid by a court of competent jurisdiction, such ruling shall not affect the validity of the remainder of the Section.

§ 280-6.2 Hospitals and related facilities.

General. A facility specified in Section B.6. of the Principal Use Regulations[1] may be allowed by special permit from the Zoning Board of Appeals upon determination that all of the conditions set forth below have been met. The following conditions are the minimum which must be met for the approval of a Special Permit. This list is not intended to exclude the imposition of any additional conditions by the Zoning Board of Appeals or the Planning Board.

Editor's Note: See Table 1, included as an attachment to this chapter.

Infrastructure.

Water and sewer. The facility shall be connected to municipal water and sewer systems. All costs associated with the extension of these services shall be borne by the developer or applicant.

Roads. All traveled ways shall be privately maintained with respect to roadway upkeep and snow and ice removal.

Refuse. Collection and disposal of all refuse shall be provided privately.

Utilities. All utilities on the site shall be installed underground pursuant to approved methods of installation and construction.

Safety. The facility shall have an integrated emergency call, security, telephone, and other communication system to provide monitoring for its residents and direct line connection to the Dedham Fire Department.

(6)

Bonding procedures and requirements for roadways, utilities, structures, and site amenities for a facility shall be the same as those established by the Planning Board for subdivisions in the Town of Dedham.

Dimensional regulations. The following dimensional regulations shall apply:

Minimum Lot Area: four acres.

Minimum Lot Frontage: 125 feet.

Maximum Lot Coverage: 15%.

Minimum yard: 100 feet.

Proximity to existing residence: 100 feet (if an existing residence is within 25 feet of the lot line, an additional twenty-five-foot distance is required).

(6)

Maximum height: 40 feet or three floors, whichever is less.

Landscaping requirements.

The side and rear lot lines shall be screened by a ten-foot width of dense natural growth.

All outdoor refuse collection and loading areas shall be screened from adjoining streets and abutting residential properties by a visually impermeable six-foot high landscape screen or fence.

All parking areas shall be screened from adjoining streets and abutting properties.

Buffer zone. The 50 feet closest to the abutting lot line shall be landscaped as follows:

Materials. Plant materials characterized by dense growth which will form an effective year-round screen shall be planted to form the screen. Screening shall consist of natural materials. To the extent practical, existing trees and vegetation shall be retained and used to satisfy the provisions of this section.

Height. Natural screening shall be at least 10 feet in height when planted. Height shall be measured from the finished grade.

Maintenance. All required plant material shall be maintained by the owner in healthy condition and replaced with new plantings whenever necessary to insure continued compliance with screening requirements.

§ 280-6.3 Planned commercial development standards.

General. A Planned Commercial (PC) Development is a special permit option for land in the LMA, LMB, HB, GB, CB, and RDO Districts. It is intended to provide flexibility for commercial or mixed-use development in accordance with a comprehensive site plan approved by the Planning Board as Major Nonresidential Project (MNP). In approving such site plan, the Planning Board may approve development standards unique to a particular location and not necessarily applicable to other locations, and shall monitor conformance to the site plan and any special permits. The uses allowed as of right or by special permit in the PC Development are as designated on the Use Regulation Table (see Table 1.[1]) All plans shall conform to the following standards.

Editor's Note: Table 1 is included as an attachment to this chapter.

Standards.

The overall layout shall follow the accepted principles of correct land use patterns, good planning, and sound engineering, including ample landscaping and screening, spatial or visual separation of incompatible uses, adequate utilities and municipal services secured prior to plan approval, the creation, maintenance and preservation of natural or landscaped open space, and protection of wetlands and environmentally sensitive areas. Dimensional requirements including height, parking, landscaping, and density for each PC Development shall be determined and specified in the MNP Special Permit.

Building and occupancy permits for each building shall be required in accordance with the applicable state and town regulations.

Planned commercial development may be constructed in phases. The performance bond or other security shall ensure the integrity of the development layout and the restoration of the site by removing unfinished construction and unsightly appearance in the event the project is abandoned for any reason.

Conveyances and leases of properties within the planned commercial development tract shall refer to and be subject to terms and conditions of approval.

Specific impacts of planned commercial development on the streets, and service demands beyond the boundaries of the tract may be compensated for through impact fees as provided in the site plan review provisions of the Zoning Bylaw.

§ 280-6.4 Temporary uses.

In any district, the Board of Appeals in the case of a declared emergency, a catastrophe, or the substantial destruction of an existing building and in no other circumstance, may authorize a temporary building, structure, or use not in conformity with the provisions of this Bylaw, provided that such use will not be detrimental or injurious to persons, property, or improvements in the vicinity over more than a total of three years, whether or not consecutive. Said Board may require a bond or other security for compliance with the terms of its authorization. Under the provisions of this § 280-6.4, the Board may authorize the removal of sod, loam, sand, gravel, or other earth products from a premise where such removal is not permitted as an accessory use. In such cases, the Board may impose conditions relative to the hours of operation, the routes for transporting the material through the Town, and requirements for regarding[1] and planting the area to suitable cover when operations are completed.

Editor's Note: So in original; should be "regrading."

§ 280-6.5 Earth removal and retaining walls.

Earth removal. Removal of sod, loam, sand, gravel, or other earth products from the premises may be done when required for and incidental to:

Lawful construction of a building or other structure, or of a driveway, parking area, sidewalk, or path accessory to a permitted use, provided that the amount of such material removed shall not exceed that contained before construction in the particular space to be occupied by the foundation of such building or structure or by such driveway, parking area, sidewalk, or path.

Construction of any street or way, or the installation of utilities therein, in any subdivision in accordance with a definitive plan approved by the Planning Board and duly recorded with the Norfolk Registry of Deeds or the Norfolk Registry District of the Land Court.

Municipal or other public use of the parcel of land involved.

Said removal of sod, loam, sand, gravel, or earth shall be permitted only during construction of a building or structure for which a permit has been granted.

Retaining walls. No retaining wall more than four feet in height shall be erected or constructed without first obtaining a Special Permit from the Board of Appeals.

§ 280-6.6 Substance abuse treatment center.

A Substance Abuse Treatment Center specified in Section B.8 of the Principal Use Regulations[1] may be allowed by Special Permit from the Zoning Board of Appeals upon determination that all of the conditions set forth below have been met. The following conditions are the minimum which must be met for the approval of a Special Permit. This list is not intended to exclude the imposition of any additional conditions by the Zoning Board of Appeals or the Planning Board.