Town of West Stockbridge, MA SECTION 9 Other Special Uses

[Added 1-14-2019 STM by Art. 1[1]]

[1] Editor's Note: This bylaw also redesignated former Secs. 9 and 10 as Secs. 10 and 11, respectively.

9.1 Marijuana-related uses.

9.1.1 

Statement of purpose.

a. The purpose of this bylaw is to allow for the siting of state-licensed marijuana establishments and medical marijuana treatment centers in appropriate locations in accordance with An Act to Ensure Safe Access to Marijuana, Chapter 55 of the Acts of 2017, and all regulations which have or may be issued by the Cannabis Control Commission, including, but not limited to, 935 CMR 500.000 and 935 CMR 501.000, and to impose reasonable safeguards to govern the time, place and manner of marijuana establishments and medical marijuana treatment centers to ensure public health, safety, well-being and mitigate against undue impacts on the natural and build environment of the Town and its residents.

b. It is the intent of these bylaws to enable small- scale and local marijuana-related business activity. For all districts, except the MOD, special permits for cultivation of marijuana may only be granted when the size and amount of cultivation for an individual or corporate entity does not exceed a "Tier One" scale of cultivation activity, presently defined by 935 CMR 500.000, except that a craft cooperative shall be limited to three noncontiguous cultivation sites in the Town of West Stockbridge, each of which is limited to a Tier 1 canopy (5,000 square feet). In the MOD only, special permits for all tiers for outdoor cultivation may be granted where the MOD overlays with areas of the preexisting Manufacturing District.

[Amended 5-9-2022 ATM by Art. 43]

9.1.2 Definitions. Where not expressly defined herein, the meaning of terms used in this bylaw shall be interpreted as defined by the Cannabis Control Commission’s regulations governing adult use of marijuana (935 CMR 500.000) in effect on the effective date of this zoning bylaw and otherwise by their plain language.

9.1.3 Special permit application requirements for marijuana-related activities.

9.1.3.1 A marijuana establishment and medical marijuana treatment center may be allowed only in locations set forth in the Table of Uses, Subsection 4.11.1, by special permit from the Planning Board (the "SPGA") in accordance with MGL c. 40A, § 9.

9.1.3.2 Only an applicant holding a valid license or certificate, whether provisional or final, from the Cannabis Control Commission, Department of Public Health, or other appropriate state agency, as the case may be, is eligible to apply for a special permit pursuant to this bylaw.

9.1.3.3 In addition to the special permit requirements of Section 6.3, special permit applications for any marijuana-related use or activity shall also include the following:

a. Names and addresses of each owner of the marijuana establishment or medical marijuana treatment center, and where the owner is a business entity, the names and addresses of each owner of that establishment.

b. Copies of all licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies or, if the applicant's license is provisional, a written description of the status of its application to the Cannabis Control Commission relative to the establishment at issue.

c. A copy of the final, executed host community agreement ("HCA") between the applicant and the Town of West Stockbridge.

d. A list of any waivers of regulations that the applicant seeks to obtain from the Cannabis Control Commission or a copy of any such waivers that the Commission has issued to the applicant, as applicable.

e. Copies of all policies and procedures approved by the Cannabis Control Commission, including without limitation the marijuana establishment’s and medical marijuana treatment center’s operating and safety procedures, or copies of such policies and procedures that the applicant intends to submit to the Commission, as applicable.

f. A plan that identifies potential energy use reduction and that demonstrates best practices for energy conservation and a plan that identifies opportunities for renewable energy generation. The plan may include an electrical system overview, proposed energy demand, ventilation system and air quality, proposed water system and utility demand.

g. Site plans and/or application narratives that contain sufficient information so that the SPGA can evaluate conformance of the proposal with applicable state law and this zoning bylaw.

h. The SPGA may require the applicant to provide additional information as it deems necessary, including a traffic study.

9.1.3.4 Upon the filing of the special permit application with the SPGA, the applicant shall simultaneously deliver copies of the full application to the Select Board (if the Planning Board is the SPGA), the Planning Board (if the Select Board is the SPGA), the Building Commissioner, the Board of Health, the Police Department and the Fire Department.

9.1.4 Outdoor cultivation of marijuana.

9.1.4.1 Cultivation of marijuana outside and not in a building shall conform to the following:

a. No marijuana cultivation shall be less than 10 feet from a property line.

b. No marijuana cultivation or related activity shall be allowed in a front yard setback.

c. Fencing of cultivation areas shall be provided in conformance with 935 CMR 500.000 and with other applicable provisions of this bylaw.

d. No cultivation may be visible from a public way. Fencing or landscape screen planting may be used to shield cultivation activities.

e. Where state law requires monitoring by video camera 24 hours per day, only infrared-type technology may be used. The applicant shall provide information relating to the type of video monitoring equipment proposed to be used.

f. No equipment shall be used that creates continuous noise that is measurable at a property line.

g. Fencing or landscape planting for screening shall be shown on the site plan submitted with the application.

h. Reasonable odor mitigation may be required as directed by the SPGA.

[Added 5-9-2022 ATM by Art. 43]

9.1.5 Indoor cultivation of marijuana.

9.1.5.1 All cultivation of marijuana inside buildings shall comply with the following:

a. No artificial lighting used for growing inside the building shall be visible on the exterior of the building. Greenhouses that transmit light from inside to outside may not be used for cultivation of marijuana.

b. Where state law requires monitoring by video camera 24 hours per day on any part of the exterior of a building used for cultivation, only infrared-type technology may be used. The applicant shall provide information relating to the type of video monitoring equipment proposed to be used.

c. Fencing shall be provided in conformance with 935 CMR 500.000 and shall be shown on the site plan submitted with the application.

d. No equipment shall be used that creates continuous noise from the regular operation of the facility that is measurable at a property line.

9.1.6 Retail sales of marijuana.

9.1.6.1 No more than one special permit for the retail sale of medical marijuana shall be granted in the Town of West Stockbridge.

9.1.6.2 No more than one special permit for the retail sale of adult use (i.e., recreational) marijuana shall be granted in the Town of West Stockbridge.

9.1.6.3 Upon receipt of a special permit application for a marijuana retail use, the Select Board, as the SPGA for such retail use, shall forward a copy of the full special permit application to the Planning Board and shall request the Planning Board to review the application and make recommendations back to the Select Board as to the completeness of the application and its conformance to these bylaws.

9.1.6.4 In addition to other information required for a special permit application, the following additional information shall be submitted with the special permit application:

a. Lighting. A site plan with all parking lot lighting and showing all lighting mounted on buildings. Include photometric studies for exterior light levels around the building and specifications for exterior light fixtures showing that all fixtures proposed to be used are "cut-off" type fixtures and that no light pollution shall occur.

b. Elevation drawings of any new building or renovated building proposed for retail marijuana sales shall be submitted with the special permit application. These drawings shall show how the proposed building will mitigate the effect of the state law and how the proposed building will be compatible with the scale and character of West Stockbridge.

c. The SPGA may require that a traffic study be submitted.

9.1.6.5 Parking for retail sales of marijuana-related products shall be provided in accordance with the requirements of Subsection 6.2.1 and the particular requirements for "retail businesses".

9.1.6.6 In addition to the findings required pursuant to Subsection 6.3.4, the SPGA shall make the following findings with respect to retail marijuana uses:

a. The scale and character of the proposed retail facility shall be compatible with the general scale and character of West Stockbridge.

b. There will be no negative impact on traffic or parking.

9.1.7 Other requirements for marijuana-related uses.

9.1.7.1 The marijuana establishment and medical marijuana treatment centers shall provide the Chief of Police and Building Commissioner up-to-date contact information, as required by the Chief of Police and Building Commissioner, including the name, telephone number and electronic mail address of a contact person, who must be available 24 hours a day, seven days a week.

9.1.7.2 In addition to compliance with applicable state laws and regulations and other requirements of this bylaw, the SPGA may impose reasonable conditions to improve site design, traffic flow, public safety, water quality, air quality, protection of significant environmental resources and the preservation of community character of the surrounding area, including, without limitation, including, but not limited to the following:

a. The SPGA shall consider the following and may include conditions concerning the following in any special permit granted pursuant to this Section 9.1:

1. Hours of operation, including dispatch for any home delivery of medical marijuana.

2. Compliance with the host community agreement.

b. The submission of a copy of the final license or final certificate of registration from the Cannabis Control Commission, Department of Public Health or such other applicable state entity, as the case may be, with the Building Commissioner prior to the issuance of a building permit, certificate of occupancy, or commencement of use, whichever occurs first.

c. The reporting of any cease-and-desist order, quarantine order, suspension order, limiting sales order, notice of hearing or final action by the Cannabis Control Commission, Department of Public Health or such other applicable state entity, as the case may be, regarding the marijuana establishment and medical marijuana treatment center to the Building Commissioner within 48 hours of the applicant’s receipt.

9.1.7.3 A special permit issued pursuant to this bylaw shall be subject to the following:

a. The special permit shall expire within three years of the date of issue. If the applicant wishes to renew the special permit, an application to renew must be submitted at least 120 days prior to the expiration of the special permit. The SPGA may, at the time of a renewal, renew a special permit for a marijuana-related use for a period of time not less than three years and not greater than 10 years.

b. Special permits shall be limited to the original applicant(s) and shall expire on the date the special permit holder ceases operation of the Marijuana Establishment and medical marijuana treatment center.

c. The holder of a special permit shall annually file an affidavit with the Building Commissioner demonstrating that it is in good standing with respect to its license or certificate from the Cannabis Control Commission, Department of Public Health, and any other applicable state licenses.

d. The holder of a special permit shall notify the Building Commissioner and the SPGA in writing within 48 hours of the cessation of operation of the marijuana establishment or the expiration or termination of the permit holder's state license.

e. Special permits shall lapse upon the expiration or termination of an applicant's license from the Cannabis Control Commission, Department of Public Health or such other applicable state entity, as the case may be.

9.1.8 Discontinuance of use.

9.1.8.1 Any marijuana establishment or medical marijuana treatment center permitted under this section shall be required to remove all material, plants, equipment and other paraphernalia prior to expiration of its operating license or certificate issued by the Commonwealth of Massachusetts or no more than seven days following revocation or voiding of such license or certificate.

9.1.8.2 The licensee shall notify the Select Board, Planning Board, Building Commissioner by certified mail of the expiration or revocation of a license or certificate from the Cannabis Control Commission, Department of Public Health or such other applicable state entity, as the case may be, the proposed date of discontinued operations, and the date by which all removals will be completed.

[Amended 5-9-2022 ATM by Art. 38]

9.1.8.3 All cessation of business and removals of materials shall be in compliance with applicable state regulations, including, but not limited to:

a. Physical removal of all exterior security-related items (fences, cameras, lights, etc.).

b. Disposal of all marijuana or marijuana products.

c. Stabilization or revegetation of the site as necessary. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

9.1.8.4 If the licensee of the marijuana-related use fails to carry out removals in accordance with the requirements of this section within 120 days of expiration or revocation of license, the Town may enter the property and remove items/materials after obtaining an appropriate court order.

9.1.8.5 Absent notice as required by Subsection 9.1.8.2 above or written notice of extenuating circumstances, the marijuana-related use shall be considered discontinued when it fails to operate for more than one year without the written consent of the special permit granting authority or when its license to operate has expired or has been revoked.

9.1.8.6 Financial assurance. The SPGA may require the licensee of a marijuana-related use to provide a surety to ensure adequate funds are available to provide for decommissioning and removal of the installation.

9.2 Photovoltaic solar energy systems.

[Added 9-18-2019 STM by Art. 1]

9.2.1 Statement of purpose. The purpose of this bylaw is to provide a permitting process for solar photovoltaic installations for cost-effective, efficient, and timely implementation to increase the use of distributed generation; to integrate these installations into the Town in a manner that minimizes their impacts on the character of neighborhoods, on property values, and on the scenic, historic, and environmental resources of the Town, and to protect health and safety.

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

GRID-INTERTIE

A photovoltaic system that is connected to an electric circuit served by an electric utility.

GROUND-MOUNTED

An active photovoltaic solar energy system that is structurally mounted to the ground and is not roof-mounted; may be of any size (small-, medium- or large-scale).

LARGE-SCALE

An active photovoltaic solar energy system that has a rated nameplate capacity greater than 250 kW DC.

MEDIUM-SCALE

An active photovoltaic solar energy system that has a rated nameplate capacity up to 250 kW DC, and a total collector area greater than 750 square feet.

OFF-GRID

A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility.

PHOTOVOLTAIC SYSTEM

(Also referred to as "photovoltaic installation") An active solar energy system that converts solar energy directly into electricity.

RATED NAMEPLATE CAPACITY

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

ROOF-MOUNTED

An active photovoltaic solar energy system that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium-, or large-scale).

SMALL-SCALE

An active photovoltaic solar energy system that has a total collector area of 750 square feet or less, unless a greater area has been allowed by special permit.

SOLAR ACCESS

The access of a solar energy system to direct sunlight.

9.2.3 Medium- or large-scale photovoltaic solar developments.

9.2.3.1 Special permit required. Medium- or large-scale photovoltaic solar developments require a special permit per the Table of Uses, Subsections 4.11.1 and 4.11.2. Medium-scale systems do not require a special permit on the PVOD.

9.2.3.2 In addition to the standard special permit application requirements of Subsection 6.3.6, a special permit application for large- and medium-scale photovoltaic solar energy systems the site plan submitted shall include the following additional information:

a. Property lines and physical features, including roads, for the project site;

b. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

c. Blueprints or drawings of the solar energy system showing the proposed layout of the system, any potential shading from or to nearby structures, the distance between the proposed solar collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector;

d. One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all Massachusetts Electric Code (527 CMR 12.00) compliant disconnects and overcurrent devices;

e. Documentation of the major system components to be used, including the panels, mounting system, and inverter;

f. Name, address, and contact information for proposed system installer;

g. Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;

h. The name, contact information and signature of any agents representing the project proponent;

i. Zoning district designation for the parcel(s) of land comprising the project site;

j. Locations of active farmland and prime farmland soils, wetlands, permanently protected open space;

k. Priority Habitat Areas and BioMap 2 Critical Natural Landscape Core Habitat mapped by the Natural Heritage & Endangered Species Program (NHESP) and "Important Wildlife Habitat" mapped by the DEP;

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

m. Locations of local or national historic districts;

n. Documentation of actual or prospective access and control of the project site;

o. An operation and maintenance plan;

p. Proof of liability insurance;

q. A public outreach plan, including a project development time line, which indicates how the project proponent will meet the required special permit review notification procedures and otherwise inform abutters and the community.

r. Site plans submitted for the above shall be prepared by a MA licensed professional engineer.

9.2.4 Design standards for large- and medium-scale photovoltaic solar developments where a special permit is required.

9.2.4.1 Standards for large- or medium-scale ground-mounted solar energy systems proposed within all zoning districts where a special permit is required.

a. Utility notification. No grid-intertie photovoltaic system shall be installed until evidence has been given to the special permit granting authority that the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

b. Utility connections. Reasonable efforts, as determined by the special permit granting authority, shall be made to place all utility connections from the solar photovoltaic installation to the point of interface with the grid tie-in underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

c. Safety. The large- or medium-scale ground-mounted solar energy system owner or operator shall provide a copy of the special permit application to the Fire Chief for review. All means of shutting down the solar installation shall be shown on the application and plans filed, and shall be clearly marked on-site.

d. Safety. Fencing that is required for safety and prevention of access to photovoltaic equipment shall be set back from roads and property lines to the greatest extent possible and shall be separate from other visual screening that is required.

e. Visual screening, by opaque fence and/or landscape planting, shall be provided, as per conditions set by the SPGA, to prevent the solar energy system from being visible from the street or streets which the system has frontage on, from adjoining streets which abut the lot, or from a distance of 250 feet or less from an adjoining residential property. This regulation is not intended to require screening of solar energy systems where the topography within the site of the solar installation and adjoining the solar energy system site rises or falls to an extent that fencing or landscape screening is impractical or unnecessary. If the natural circumstances of existing landscape and vegetation provide screening that is satisfactory to the SPGA, additional visual screening may not be required.

f. Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of ground-mounted solar energy systems or as otherwise prescribed by applicable laws, regulations, and bylaws/ordinances. Maintenance of vegetation shall be by mowing. No chemicals, weed killers or herbicides shall be used at any time.

g. Stormwater management. Best management practices shall be used for controlling and managing stormwater run-off and drainage for the medium-scale ground-mounted solar photovoltaic installation in compliance with all applicable federal, state and local regulations.

h. The SPGA may require a glare analysis and proposed mitigation, if any, to minimize the impact of glare on affected properties.

i. The SPGA may review the proposed installation with the Conservation Commission.

j. The SPGA may require an environmental impact report or statement.

9.2.4.2 Design standards for a medium-scale photovoltaic system where a special permit is not required.

a. Site plans and construction drawings submitted shall be prepared by a MA licensed professional engineer.

b. Provide evidence that the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator and that the utility company has approved the connection.

c. Utility connections shall be underground to the connection point of the grid tie-in or to the property line of the site. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

d. All means of shutting down the solar installation shall be shown on the plans filed, and shall be clearly marked on site.

e. Safety fencing shall be provided to prevent access to photovoltaic equipment. Safety fencing shall be set back from roads and property lines to the greatest extent possible and shall be separate from other visual screening that is required.

f. Visual screening, by evergreen landscape planting or existing evergreens, shall be provided to prevent the solar energy system from being visible from the street or streets which the system has frontage on, from adjoining streets which abut the lot, or from a distance of 200 feet or less from buildings on an adjoining property or across the street. This regulation is not intended to require screening of solar energy systems where the topography within the site of the solar installation and adjoining the solar energy system site rises or falls to an extent that fencing or landscape screening is impractical or unnecessary.

g. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of ground-mounted solar energy systems or as otherwise prescribed by applicable laws, regulations, and bylaws/ordinances. Plans shall show habitat impacts are mitigated during construction and over the life of the facility. Maintenance of vegetation shall be by mowing. No chemicals, weed killers or herbicides shall be used at any time.

h. Best management practices shall be used for controlling and managing stormwater run-off and drainage in compliance with all applicable federal, state and local regulations.

i. Plans submitted shall show a glare analysis and proposed mitigation, if any, to minimize the impact of glare on neighboring properties.

j. All regular building permit sign-offs shall be approved by local boards or authorities, including the Conservation Commission and Fire Chief.

9.2.5 Special permit requirements for small-scale ground-mounted photovoltaic solar energy systems.

9.2.5.1 A special permit application for small-scale ground-mounted photovoltaic solar energy systems shall include the following additional information on the site plan that is required by Subsection 6.3.6.

a. North arrow and direction of solar south.

b. Locations of buildings on neighboring lots within 300 feet.

c. Topography based on USGS, or a survey by a licensed surveyor.

d. Satellite imagery of the site and neighboring lots showing tree coverage.

9.2.5.2 The SPGA may impose reasonable conditions for landscape screening or fencing.

9.2.5.3 Findings required for small-scale ground-mounted photovoltaic solar energy systems:

a. The general findings required for all special permits under Subsection 6.3.4 are required to be made.

b. The proposed ground-mounted residential photovoltaic solar energy system will not have any negative impact on neighbors or abutters within 300 feet.

c. The proposed small-scale ground-mounted residential photovoltaic solar energy system will not have any negative impact on views from a public way.

d. If an increase in size above 750 square feet of collector area is requested as a part of the special permit application per Subsection 9.2.6, the increase in size will not have any negative impact on neighbors or abutters within 300 feet or on views from a public way.

e. The SPGA may require a glare analysis and proposed mitigation, if any, to minimize the impact of glare on affected properties.

9.2.6 Increase in size of small-scale ground-mounted photovoltaic solar energy systems.

9.2.6.1 The Planning Board, acting as the special permit granting authority (SPGA), may, as a part of the issuance of a special permit for a small-scale ground-mounted photovoltaic solar energy system, allow a small-scale ground-mounted photovoltaic system that is larger than 750 square feet of collector area, provided that findings as required under Subsection 6.3.4 and Subsection 9.2.5.3 are made.

9.2.7 Abandonment or decommissioning.

9.2.7.1 Removal requirements. Any commercial large- or medium-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life, is no longer operational or has been abandoned shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Select Board, Planning Board, and Building Commissioner by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

[Amended 5-9-2022 ATM by Art. 38]

a. Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

b. Disposal of all solid and hazardous waste brought to the site or generated by the owner or operator or otherwise related to the large-scale ground-mounted solar photovoltaic installation in accordance with local, state, and federal waste disposal law and regulations.

c. Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

9.2.7.2 Abandonment. The large- or medium-scale ground-mounted solar photovoltaic installation shall be considered abandoned when it does not operate for more than one year without the written consent of the special permit granting authority. If the owner or operator of the large- or medium-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town retains the right, after the receipt of an appropriate court order, to enter and remove an abandoned, hazardous, or decommissioned large- or medium-scale ground-mounted solar energy system. As a condition of special permit approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation.

9.2.7.3 Financial assurance. Proponents of large-scale ground-mounted solar photovoltaic installations shall be required to provide a form of surety to cover the cost of removal and restoration of the site in the event the site is abandoned. The amount and form of surety shall be determined by the Planning Board, but in no event shall the amount exceed 125% of the cost of removal. Applicants shall submit a fully inclusive cost estimate of the costs associated with the removal of the large-scale ground-mounted solar energy system prepared by a qualified engineer. The cost estimate accounts for inflation over the life of the system. All subsequent owners/operators of the system shall continue to provide a form of surety acceptable to the Town until the commercial-scale solar energy system has been removed. The surety account or bond will be managed by the Treasurer's office.