[Amended 5-24-2021 ATM by Art. 7]
A.
Purpose and intent. The purpose and intent of the accessory apartment
bylaw is to:
(1)
Provide older homeowners with a means of obtaining rental income,
companionship, security, and services, thereby enabling them to stay
more comfortably in homes and neighborhoods they might otherwise be
forced to leave;
(2)
Increase the number of smaller, moderately priced dwelling units
available for rent in Town;
(3)
Increase the range of choice of housing accommodations;
(4)
Provide housing units for persons with disabilities; and
(5)
Encourage a more economic and energy-efficient use of the Town's
housing supply while maintaining the appearance and character of the
Town's single-family neighborhoods.
B.
Applicability. Accessory apartments shall be authorized by the Building
Inspector/Zoning Enforcement Officer through the issuance of a certificate
of occupancy in all single-family residential dwellings, provided
the conditions and requirements of the following sections are met.
C.
General requirements.
(1)
A permit may be granted by the Building Inspector/Zoning Enforcement
Officer to accommodate an accessory apartment by the installation
of a common wall or the partitioning of or extension of existing habitable
area. There shall be no more than one accessory apartment for a total
of two dwelling units within a single-family dwelling per lot.
(2)
Use limitation. The principal dwelling unit or accessory apartment
must be occupied by the owner. For the purposes of this section "owner"
shall mean one or more of those individuals who hold record title
to the lot on which the principal dwelling unit and the accessory
apartment are located.
(3)
Floor area limitations. The habitable area of the principal dwelling
unit shall not be less than 1,600 square feet. The habitable area
of the accessory apartment shall be limited to a maximum of 900 square
feet. The Groveland Zoning Board of Appeals may by special permit
allow an increase of up to 10% in the accessory apartment habitable
area square footage limitation if the configuration of the structure
makes strict compliance with this requirement difficult. The Groveland
Zoning Board of Appeals, by special permit, may also allow reasonable
deviation from the stated conditions and requirements where necessary
to install features that facilitate access and mobility for disabled
persons, provided that the Board of Appeals finds that such deviation
is not contrary to the public interest and is consistent with purpose
and intent of this bylaw.
(4)
There shall be no borders or lodgers within either the principal
dwelling unit or the accessory apartment, or on the same lot with
an accessory apartment.
(5)
The total number of bedrooms of the principal dwelling unit and accessory
apartment combined may not exceed the capacity of the permitted and
compliant septic system serving the units per Title V requirements.
This section shall not apply to properties that are connected to the
public sewer system.
(6)
Utilities such as water, electric and gas as necessary for the accessory
apartment shall be extensions of the existing utilities serving the
principal single-family dwelling and shall not be separately metered,
unless required by the utility provider.
(8)
To the extent possible, exterior passageways and accessways shall
not detract from the single-family appearance of the dwelling. All
stairways to additional stories shall be located on the side or rear
of the structure.
(9)
The accessory apartment will be a complete, separate dwelling unit
that contains both permanent kitchen and bathroom and has its own
means of egress.
(10)
Floor plans of the proposed accessory apartment and principal
dwelling unit and a site plan showing the structure(s) on the lot
shall be filed with the application for a permit with the Building
Inspector/Zoning Enforcement Officer. Plans shall demonstrate that
exterior changes to the structure will not significantly alter the
appearance of the single-family dwelling.
D.
Occupancy requirements.
(1)
Prior to issuance of a building permit, the owner shall send a notarized
letter to the Building Inspector/Zoning Enforcement Officer affirming
that the owner will occupy either of the principal dwelling unit or
the accessory apartment as the owner's primary residence, except for
temporary absences of no more than six months in any calendar year.
(2)
Prior to issuance of a building permit, the owner shall send a notarized
letter to the Building Inspector/Zoning Enforcement Officer stating
that to the best of his or her knowledge the accessory apartment will
not violate any deed restrictions applicable to the subject lot or
principal dwelling unit.
(3)
When a lot with a structure which has received a permit for an accessory
apartment is sold, the new owner, if he or she wishes to continue
to exercise the permit, must, within 60 days of the sale, submit a
notarized letter to the Building Inspector/Zoning Enforcement Officer
affirming that he or she will occupy either of the principal dwelling
unit or the accessory apartment on the premises as his or her primary
residence, except for temporary absences of no more than six months
in any calendar year and acknowledging and agreeing to abide by all
conditions to the previously issued occupancy certificate and special
permit, if applicable.
(4)
Any accessory apartment lawfully in existence at the time of the
adoption of this bylaw shall be allowed to continue.
A.
No person shall park, store, occupy or utilize a trailer for living
or business purposes except:
(1)
Such trailer may be parked or stored in a garage or other accessory
building, or in the rear half of a lot owned or occupied by the owner
of the trailer; providing, however, that the trailer must be located
at least 25 feet from the rear and side lot lines and its use for
living or business is prohibited.
(2)
The owner of land may permit occupancy of such land by a nonpaying
guest, using a trailer for living purposes, for a period not exceeding
four weeks in any calendar year. A permit for this purpose must be
obtained from the Board of Selectmen before the land may be so occupied.
(3)
As a temporary office or dwelling incidental to construction or development
of the premises on which the trailer is located. Such use, however,
is conditioned upon prior approval of the Board of Health and prior
issuance of a permit from the Board of Appeals.
B.
Such permit shall run for a period of one year and may be extended
for a period of one year, but in no case may the trailer be so occupied
for longer than a period of two years, during which time the construction
of the dwelling is to be completed. The approval of the Board of Health
or the permit from the Board of Appeals may be revoked for cause at
any time.
A.
Purpose and intent. It is the specific intent of this section to
allow customary home occupations for the purpose of allowing small
businesses to operate within a residential dwelling or accessory structure
on the same premises as a dwelling, to be carried out by the person
or persons who reside there. The purpose of these standards is to
strictly limit the size, type, and intensity of a proposed home occupation
so that the residential character of the properties is not negatively
impacted or altered.
B.
Permitting. Residents wishing to operate a customary home occupation
must obtain a customary home occupation permit from the Building Inspector/Zoning
Enforcement Officer. The Building Inspector/Zoning Enforcement Officer
shall issue a customary home occupation permit to those applicants
that meet all the requirements of this section.
C.
Standards and requirements.
(1)
The customary home occupation shall be subordinate to the principal
use of the dwelling and shall not appreciably change the residential
character of the structure or the lot on which it sits.
(2)
No person other than the legal resident(s) of the dwelling may be
employed to work on the premises.
(3)
Activities associated with the customary home occupation shall be
limited to the interior of the dwelling or accessory structure.
(4)
No exterior storage of goods, materials, tools or equipment shall
be allowed. Storage of junk, scrap, waste or hazardous materials related
to the customary home occupation is strictly prohibited.
(5)
No more than one commercial vehicle owned by the business is allowed
to be parked on the premises, excluding vehicles which are the primary
vehicles of the legal residents of the property.
(6)
No offensive noise, smoke, vibration, dust, odors, heat, light, or
glare shall be produced by the home occupation.
(8)
Customer/Client visits are permitted by appointment only.
(9)
Deliveries/Pick-ups related to the business shall be limited to one per day except as allowed by Subsection C(8).
(10)
Off-street parking must be provided for customers/clients if
customers/clients are anticipated as part of the business. Resident
vehicles shall not be parked on street to accommodate customer/client
parking needs or requirements.
(11)
The owner of a customary home occupation will register the home
occupation business with the Town Clerk. Said registration shall not
constitute authorization to conduct the business.
A.
Purposes. The purpose of this section is:
(1)
To provide for the establishment of registered marijuana dispensaries
in appropriate places and under strict conditions.
(2)
To minimize the adverse impacts of registered marijuana dispensaries
on adjacent properties, residential neighborhoods, schools and other
places where children congregate, local historic districts and other
land uses potentially incompatible with said registered marijuana
dispensaries.
(3)
To regulate the siting, design, placement, security, safety, monitoring,
modification and removal of registered marijuana dispensaries.
B.
Applicability.
(1)
The commercial cultivation, production, processing, assembly, packaging,
retail or wholesale sale, trade, distribution or dispensing of marijuana
for medical use is prohibited unless permitted as a registered marijuana
dispensary under this section.
(2)
No registered marijuana dispensary shall be established except in
compliance with the provisions of this section.
(3)
Nothing in this bylaw shall be construed to supersede federal and
state laws governing the sale and distribution of narcotic drugs.
(4)
If any provision of this section or the application of any such provision
to any person or circumstance shall be held invalid, the remainder
of this section, to the extent it can be given effect, or the application
of those provisions to persons or circumstances other than those to
which it is held invalid, shall not be affected thereby, and to this
end the provisions of this section are severable.
C.
Definitions. Where not expressly defined in the Zoning Bylaws, terms
used in this section shall be interpreted as defined in the Humanitarian
Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1, et
seq., and the Department of Public Health regulations promulgated
thereunder, 935 CMR 501.000, and otherwise by their plain language.
D.
(Reserved)
E.
General requirements and conditions for all registered marijuana
dispensaries.
(1)
All registered marijuana dispensaries shall be contained within a
building and outside cultivation area that are properly secured.
(2)
A registered marijuana dispensary shall not be located in buildings
that contain any medical doctor offices or the offices of any professional
practitioner authorized to prescribe the use of medical marijuana.
(3)
The hours of operation of registered marijuana dispensaries may be
regulated by the special permit granting authority, provided that
the RMD may only be open to the public between 7:00 a.m. and 9:00
p.m.
(4)
No burning of any product containing marijuana or marijuana-related
products shall be permitted on the premises of a registered marijuana
dispensary that would create noxious odors.
(5)
No registered marijuana dispensary shall be located inside a building
containing residential units, or inside a movable or mobile structure.
(6)
No registered marijuana dispensary shall be located on a lot within
300 feet of a residential zoning district boundary line, a house of
worship, a school, playground or a day-care facility. The distance
under this section is measured in a straight line from the nearest
point of the property line of the protected uses to the nearest point
of the property line of the proposed RMD.
(7)
Signage for the registered marijuana dispensary shall include the
following language: "Registration card issued by the Massachusetts
Department of Public Health required." The required text shall be
a minimum of two inches in height.
(8)
Registered marijuana dispensaries shall provide the Groveland Police
Department, Zoning Enforcement Officer, and special permit granting
authority with the names, phone numbers, and e-mail addresses of all
management staff and key holders to whom one can provide notice if
there are operating problems associated with the establishment.
F.
Special permit requirements.
(1)
A registered marijuana dispensary shall only be allowed by special
permit from the Groveland Zoning Board of Appeals in accordance with
MGL c. 40A, § 9, subject to all applicable laws, regulations,
requirements, conditions and limitations.
(2)
A special permit for a registered marijuana dispensary shall indicate
which of the following uses will be conducted on the proposed site:
(a)
Cultivation of marijuana for medical use (horticulture);
(b)
Processing and packaging of marijuana for medical use, including
marijuana that is in the form of smoking materials, food products,
oils, aerosols, ointments and other products;
(c)
Retail sale or distribution of marijuana for medical use to
qualifying patients.
(3)
In addition to the application requirements set forth in Subsections E and F of this bylaw, a special permit application for a registered marijuana dispensary shall include the following:
(a)
Copies of all required state RMD permits/licenses issued to
the applicant by the Commonwealth of Massachusetts and any of its
agencies for the operation of a registered marijuana dispensary;
(b)
The name and address of each owner of the RMD;
(c)
Evidence of the applicant's right to use the facility for a
registered marijuana dispensary, such as a lease or a deed;
(d)
If the applicant is a business organization, a statement under
oath disclosing all of its owners, 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 the
owners of such entities until the disclosure contains the names of
the individuals;
(e)
A certified list of all parties in interest entitled to notice
of the hearing for the special permit application, taken from the
most recent tax list of the Town and certified by the Town Assessor;
(f)
Proposed security measures for the registered marijuana dispensary,
including lighting, fencing, gates and alarms, etc., to ensure the
safety of persons and to protect the premises from theft.
(4)
Mandatory findings. The special permit granting authority shall not
issue a special permit for a registered marijuana dispensary unless
it finds that:
(a)
The facility is designed to minimize any adverse visual or economic
impacts on abutters and other parties in interest, as defined in MGL
c. 40A, § 11;
(b)
The facility demonstrates that it will meet all permitting requirements
of all applicable agencies within the Commonwealth of Massachusetts
and will be in compliance with all applicable state laws and regulations;
(5)
Annual reporting.
(a)
Each registered marijuana dispensary permitted under this bylaw
shall, as a condition of its special permit, file an annual report
with the special permit granting authority and the Town Clerk no later
than January 31 of each year, providing a copy of all current applicable
state licenses for the facility and/or its owners and demonstrating
continued compliance with the conditions of the special permit. Upon
request of the special permit granting authority, a duly authorized
representative of the registered marijuana dispensary shall appear
before the special permit granting authority to testify as to the
contents of such report.
(b)
In addition, the permit holder shall file a copy of any incident
report required under 935 CMR 501.110(9) with the Zoning Enforcement
Officer and the SPGA within 24 hours of creation by the RMD. Such
reports may be redacted as necessary to comply with any applicable
state or federal laws and regulations. The permit holder shall further
file a copy of any summary cease and desist order, cease and desist
order, quarantine order, summary suspension order, order limiting
sales, notice of a hearing, or final action issued by DPH or the Division
of Administrative Law Appeals, as applicable, regarding the RMD with
the Zoning Enforcement Officer and SPGA within 48 hours of receipt
by the RMD.
(6)
A special permit granted under this section shall have a term limited to the duration of the applicant's ownership or lease of the premises as a registered marijuana dispensary. The special permit shall be particular to the applicant and may be transferred to another entity for the same location only with permission from the special permit granting authority in the form of an amendment to the special permit with all information required in this § 50-7.4.
G.
Abandonment or discontinuance of use.
(1)
A special permit for an RMD shall lapse if not exercised within one
year of issuance.
(2)
A registered marijuana dispensary shall be required to remove all
material, plants, equipment and other paraphernalia: a) prior to surrendering
its state-issued licenses or permits; or b) within six months of ceasing
operations; whichever comes first.
[1]
Editor's Note: Former § 7.5, Temporary Moratorium
on Recreational Marijuana Establishments, expired 12-31-2018, and
has therefore been removed from the bylaw.
[Added 12-3-2018 STM by Art. 7, approved at the May 2019
Election]
Consistent with MGL c. 94G, § 3(a)(2), all types of
nonmedical "marijuana establishments," as defined in 935 CMR 500.002,
including marijuana cultivators, independent testing laboratories,
marijuana product manufacturers, marijuana retailers or any other
type of licensed marijuana-related businesses, hereinafter "recreational
marijuana establishments," shall be prohibited within the Town of
Groveland. This prohibition shall apply in the Town upon approval
by the voters at a Town Election.
