A.
Permitted use in all districts. The removal of earth materials, such
as loam, sand, gravel, clay or stone, shall be permitted in all districts
when incidental to or required in connection with the following operations:
(1)
The erection of a building or any other construction for which
a permit has been properly issued.
(2)
Municipal or governmental construction or operation.
(3)
The construction of a private road and grading in accordance
with approved subdivision plans.
(4)
Any accessory use incidental to a permitted use, including cultivation
of land, planting, landscaping or drainage of land.
B.
Special permit required. The removal of earth materials may be permitted
under other circumstances by the Board of Appeals subject to the following
restrictions, which are not, however, applicable to existing quarry
operations or their expansion or any existing industry in gravel or
stone removal:
(1)
Removal of loam. The Board of Appeals may grant a special permit
in any district for the removal of loam from any area, provided that
no less than four inches of loam remains and provided, further, that
the entire area disturbed is seeded with suitable cover crop or is
put to cultivation.
(2)
Removal of gravel, clay, sand or stone. The Board of Appeals
may grant a special permit for the removal of gravel, clay, sand or
stone in any district under the following conditions:
(a)
The applicant shall submit a plan showing existing grades in
the area from which the above material is to be removed, together
with finished grades at the conclusion of the operation.
(b)
The plan shall provide for proper drainage of the area of the
operation during and after completion, and no bank shall exceed a
slope of one foot of vertical rise in two feet of horizontal distance
except in ledge rock. No removal shall take place within 20 feet of
a property line, except that where the grade from a property line
rises towards the lot where removal is to take place, material lying
above the grade at the property line may be removed.
(c)
At the conclusion of the operation or of any substantial portion
thereof, the whole area where removal takes place shall be covered
with not less than four inches of topsoil and seeded with a suitable
cover crop, except where ledge rock is exposed.
(3)
Before a special permit is granted under this section, the applicant
shall post a bond with the Treasurer of the Town of Lee in an amount
approved by the Planning Board as sufficient to guarantee conformity
with the provisions of the permit issued hereunder.
(4)
In issuing such special permit, the Board of Appeals may stipulate
the hours of operation or impose other restrictions as it deems necessary.
A.
Special permit required.
(1)
The Board of Selectmen may grant, after a public hearing, under the provisions of MGL c. 40A, § 5, a special permit for the construction of multiple dwellings in the districts as specified in § 199-9.2K, subject to all applicable provisions of this chapter and the following special requirements.
(2)
Any application for a permit under this article shall be accompanied
by such plans and information as are required herein or as may be
reasonably required by the Board of Selectmen, Planning Board or Board
of Health in order that the proposal of the applicant may be clearly
understood and compliance with the provisions, intent and purposes
of this chapter can be established.
B.
Location. An applicant shall provide such maps, plans, drawings or
reports as are necessary to indicate that the proposed development
shall be so located as not to create traffic hazards and that essential
community services shall be available and adequate for the development
or that suitable provisions will be made assuring these services.
C.
Site plan required. Any application for a special permit under this article shall be accompanied by a site plan as outlined in § 199-13.3, Site plan review.
D.
Impact statement.
(1)
Any application for a special permit under this section must
be accompanied by an impact statement which details the probable effects
of the proposed development on the following aspects of concern to
the Town:
(a)
Load on municipal utilities or future demand for them.
(b)
Increases in vehicular traffic and public safety.
(c)
Attendance at public schools.
(d)
Provision of housing for Town residents and for persons of low
and moderate income.
(e)
Increases in municipal service costs.
(f)
Land erosion, loss of tree cover and pollution of water.
(g)
Disturbance of other aspects of the natural ecology.
(h)
Harmony with the character of surrounding developments.
(2)
The developer will conduct a housing survey within 1/2 mile
of the locus of the property to determine the number of multiple-family
and single-family living units within said area. The addresses and
number of multiple-family units at each location will be left with
the application for a building permit. This data may be reviewed and
verified by the Town Clerk and Building Commissioner.
E.
Waiver of requirements. Strict compliance with any of the foregoing
requirements may be waived upon written request by the applicant to
the Board of Selectmen, or the Board may waive strict compliance when,
in the judgment of the Selectmen, such waiver is not contrary to the
public interests and not inconsistent with the provisions, intent
and purposes of this chapter.
F.
Accessways and internal ways. A multiple-dwelling development consisting of more than 40 dwelling units on the lot shall have a minimum of two access roadways from a public way. No accessway shall be located within 30 feet of any property line in residential use. Within the development, vehicular and pedestrian circulation facilities shall be provided for safe and convenient use in accordance with reasonable site planning standards. All streets throughout the development shall conform to the standards as set forth in Chapter 241, Subdivision of Land, of the Code of the Town of Lee, except as waived by the Planning Board.
G.
Off-street parking. Off-street parking shall be provided in accordance with the provisions of Article VIII of this chapter, except that the minimum parking area per dwelling unit, if provided in a garage on the lot, may be reduced by 25%. No space shall be considered available for parking which reduces the effective width of a driveway providing access to more than one dwelling unit to less than 16 feet. Parking and play areas shall be so designated and located as to be safely and conveniently accessible from the buildings which they are intended to serve.
H.
Site plan review and approval.
(1)
Any multiple-dwelling development authorized under this section
shall be subject to site plan review by the Board of Health, Conservation
Commission and the Planning Board. The Board of Selectmen shall not
render any decision on the application for a special permit unless
and until:
(a)
The Board of Health has approved those aspects of the development
which come under its jurisdiction;
(b)
The Planning Board has reviewed the site plan and has submitted
its report with recommendations to the Selectmen, or until 30 days
have elapsed without such report; and
(c)
The Conservation Commission has made its report or until 30
days have elapsed without such report.
(2)
In considering the application for a special permit under this
article, the Board of Selectmen will give serious consideration to
the facts and information contained in the site plan and impact statement
and to the reports and recommendations from the involved Town boards
and agencies.
(3)
The Planning Board and Conservation Commission may recommend
and the Board of Selectmen may impose such additional reasonable conditions
on any such development as they find necessary in the interests of
the Town and public health, safety and welfare, including fencing,
screening and greater setback requirements for the protection of abutting
residential uses.
(4)
Any site plan may be revised by following the same procedure
as required for the original approval.
(5)
A site plan, once approved, shall become a part of the permit.
I.
Certificate of occupancy. No certificate of occupancy shall be issued
for use of any building or structure or use of land under this section
unless the building or structure is constructed or used or the land
is developed or used in conformity with an approved site plan or any
amendment of such plan. A certified copy of an as-built site plan
must be filed prior to issuance of the certificate of occupancy.
J.
Bond required. Unless the installation of public services and construction
of common facilities, such as internal streets, walkways, parking
and play areas, drainage, landscaping and screening, has been completed,
no certificate of occupancy shall be issued by the Building Commissioner
for any part of the development until the applicant shall have filed
in the office of the Town Clerk a bond with surety satisfactory to
the Selectmen and approved as to form and legality by the Town Counsel.
Such bond shall be in an amount sufficient, in the judgment of the
Department of Public Works, to secure the completion of such work
in compliance with all applicable statutes, ordinances and regulations
and in accordance with the approved site plan.
K.
Development standards.
(1)
See the Table of Dimensional Requirements for Multiple Dwellings.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(2)
No more than 12 dwelling units shall be provided for in any
one building.
(3)
Multiple dwellings on the same lot shall be spaced at least
35 feet apart in the RM District.
[Amended 3-24-2022 STM
by Art. 11]
(4)
No dwelling unit in a multiple dwelling shall contain more than
two bedrooms.
(5)
The minimum side yard requirements for any proposed multiple
dwelling located on a lot which abuts a lot in residential use shall
be increased by an additional 10 feet.
(7)
The minimum area of developed playgrounds, recreational areas
or other usable, suitably landscaped open space shall be at the rate
of 500 square feet per bedroom.
(8)
Front yards and all open areas shall be suitably landscaped
and maintained with grass, trees, shrubs or walks.
(9)
Every multiple dwelling must be connected to Town sanitary sewer
and water systems.
(10)
Standards and requirements set forth under § 199-9.2K(7) in this section may be modified or waived by the Board of Selectmen in the case of rehabilitation for multiple-dwelling use of buildings which existed at the effective date of this chapter.
[Amended 3-24-2022 STM
by Art. 11]
A.
Purpose. Under the authority conferred by MGL c. 40A, as amended,
and every other power and authority thereto pertaining, the Town of
Lee adopts this section for the regulation of bed-and-breakfast uses
in districts zoned as residential and to achieve the following purposes:
(1)
To encourage the utilization of oversized homes in residential
zoning districts which, because of their size or functional obsolescence,
are costly and/or difficult to maintain as private residences and
to further provide an economic incentive to maintain and to rehabilitate
older, larger, uneconomic or obsolete structures.
(2)
To maintain and preserve the residential character, integrity
and neighborhood attributes of residentially zoned districts.
(3)
To regulate bed-and-breakfast uses to ensure sensitivity and
compatibility with the surrounding neighborhoods in residentially
zoned districts through minimizing adverse impacts on neighboring
residential uses.
(4)
To strengthen the economic base of the Town of Lee by allowing
bed-and-breakfast establishments and bed-and-breakfast inns and to
reinforce residential neighborhood viability without reducing residential
characteristics.
B.
BED-AND-BREAKFAST COUNTRY INN
BED-AND-BREAKFAST ESTABLISHMENT
BED-AND-BREAKFAST INN
HOMESTAY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A recognized commercial entity located in a nonresidential
zone where its functions are permitted by right as defined by the
provisions of this section in regard to the zoning district. Full
food service may be provided as part of the amenities available.
A dwelling having a mixed use as a home for the residential
owner and as guest lodging, with the lodging function often if not
always superseding the home use. The home is to be the primary and
legal residence of the owner. These dwellings would not be characterized
as oversized or costly to maintain. The maximum number of guests that
would be permitted at any one time is six. The maximum number of rooms
for rent is three. Full food service may be provided for registered
guests only.
A dwelling having a primary use as guest lodging with a home function for the owner or property manager clearly secondary to the business of renting rooms. The premises or premises immediately adjacent thereto is to be the primary and legal residence of the owner. These dwellings would be characterized as oversized homes as noted in § 199-9.3A(1) of this section. The maximum number of guests that would be permitted at any one time is 25. The maximum number of rooms for rent is 12. Full food service may be provided to registered guests only.
A dwelling, the primary use of which is the private home for the residential owner, with lodging as a secondary use on an occasional basis. The home is to be the primary and legal residence of the owner. The maximum number of guests permitted at any one time is three. See § 199-4.2A(1)(d) of this chapter. The only food service for registered guests will be breakfast and high tea, "high tea" to be defined as an afternoon snack offered at no charge to guests.
C.
Applicability. The provisions of this section shall apply to the alteration or construction or conversion of an existing structure to one of the facilities above defined in § 199-9.3B of this section for the purpose of operating guest rooms for overnight transient guests with the service of food as hereafter defined in a residential setting in residentially zoned districts.
D.
General regulations.
(1)
The Planning Board may grant a special permit in accordance with § 199-13.4 of this chapter and in compliance with all other applicable provisions of this chapter for conversion of an existing residential structure to a bed-and-breakfast use in residentially zoned districts only (R-20, R-30, RA, RM and CR Districts) upon the conditions set forth hereafter.
(2)
Each special permit issued in accordance with the provisions
of this section shall show due consideration of the purposes set forth
above and shall contain the following conditions:
(a)
Any bed-and-breakfast use shall require one off-street parking
space for each guest room available for rent, one for the resident
owner and one for each employee regularly employed.
(b)
The size, location and screening of such parking spaces shall
be approved by the Planning Board during the permitting process, giving
due consideration to the residential neighborhood characteristic and
emphasizing the need to concentrate parking in as unobtrusive a location
on the property as possible. Surfacing of the drives and parking areas
shall be all-weather surface. The parking area in a given property
shall not exceed 50% of the area of the property not covered by buildings.
No parking may be permitted within the setbacks as defined in the
Table of Dimensional Requirements.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(c)
Parking areas and exterior recreational facilities, such as
swimming pools and tennis courts, if not located so as to be unobtrusive,
shall be screened from view by plantings, fences or other suitable
method approved by the Planning Board.
(d)
All bed-and-breakfast facilities as defined above in § 199-9.3B may have one freestanding sign, the top of which may not exceed six feet in height above ground level. Signs for home stay uses shall not exceed four square feet in area. Signs for bed-and-breakfast establishments and bed-and-breakfast inns may not exceed six square feet in area. All sign areas are to be determined in accordance with § 199-7.4E of this chapter. Signage may include such accessory and directory signs as approved by the Planning Board. Illumination for all signs described shall be external and positioned so as not to pose a nuisance to traffic or neighboring properties. Signage for bed-and-breakfast country inns shall be regulated by the provisions of Article VII.
(e)
To the extent practicable, fire escapes or other outside stairways
shall be located on the rear or side of the building and shall not
be located on the side of the building that faces a street.
(f)
Two structures may be utilized as the bed-and-breakfast inn
facility as long as an outbuilding is used for housing at the time
of the special permit application.
(g)
One kitchen facility per structure will be permitted to serve
both the resident owners and the guests.
(h)
No special permit shall be granted to expand or increase in
size the footprint of the building to provide for guest rooms. No
significant change in the outward appearance of the home is permitted
without review and endorsement of the Planning Board during a special
permitting process.
(i)
No bed-and-breakfast facility as described above shall offer
public restaurant service or service of alcoholic beverages.
(j)
No other in-home business shall be permitted in a facility that
houses a permitted bed-and-breakfast operation.
(k)
The maximum stay for the transient guests is to be for two weeks.
However, for 10% of the guests, averaged over a three-month period,
three months will be permitted.
(l)
Exterior lighting shall be so directed or shaded as to prevent
direct illumination of off-premises property. All external lighting,
except for demonstrated security needs, shall be extinguished by 1:00
a.m. The lighting shall be shielded from casting illumination onto
abutting properties.
(m)
There shall be no activity permitted that creates excessive
noise or other disturbance to the neighborhood at any time and especially
after 9:00 p.m. or before 7:00 a.m.
(n)
Applicants for special permits under the provisions of this
section shall provide such sketches, drawings or plans necessary to
illustrate beyond a doubt conformance to the requirements of this
chapter. The Planning Board may, at its discretion, require plans
to be prepared by registered land surveyors, architects or engineers
to illustrate the special permit application for the benefit of the
Board and other Town entities, such as the Building Commissioner and
the Board of Health. Illustration required may include, but not be
limited to, parking and driveway plan, room layout, sanitary facilities,
kitchen facilities, percentage of parking as to open space, etc.
(o)
All bed-and-breakfast facilities described in § 199-9.3B above shall be connected to the water systems of the Town of Lee. All bed-and-breakfast facilities described in § 199-9.3B above shall either be connected to the sewer systems of the Town of Lee or be served by a septic system. New bed-and-breakfast operations served by an existing septic system or existing bed-and-breakfast establishments proposing to expand facilities shall not be granted approval for operation until the Health Department confirms compliance with inspection and/or design requirements as set forth in the State Environmental Code Minimum Requirements for the Subsurface Disposal of Sanitary Sewage.
(p)
Any complaint of noncompliance with the conditions set forth
in the special permit must be submitted to the Building Commissioner,
in writing, as soon as possible.
(q)
All bed-and-breakfast facilities shall conform to the applicable
state standards in regard to building and health codes. Information
on these codes is available from the Lee Town Building Commissioner
and/or the Tri-Town Board of Health.
A.
Purpose. It is the purpose of this section to address and mitigate
the secondary effects of adult entertainment establishments and sexually
oriented businesses. Secondary effects have been shown to include
increased crime, adverse impacts on the business climate, adverse
impacts on property values of residential and commercial properties,
and adverse impacts on the quality of life in the Town. It is not
the intent and purpose of this section to legalize or in any way encourage
the sale, rental, distribution, or exhibition of obscene or other
illegal activities or materials.
B.
Separation distances. Adult uses may be permitted only when located
outside an area that is situated at the following distances from the
specified uses or zoning district boundaries listed below:
(1)
Five hundred feet from the boundary of any other adult uses.
(2)
Five hundred feet from any other zoning district corridor or
boundary.
(3)
Five hundred feet from the border of any residential property.
(4)
One thousand five hundred feet from the boundary of any school,
child-care or day-care facility, or any church or place of worship.
(5)
Three hundred feet from the boundary of any establishment licensed
under MGL c. 138, § 12.
C.
On-site requirements.
(1)
Parking will be in accordance with Article VIII, the off-street parking section of this chapter.
(3)
Screening and buffering. A five-foot-wide landscaping buffer shall be provided along the side and rear of the property lines, consisting of evergreens not less than six feet in height and spaced as defined in § 199-9.4D below.
(4)
All building openings, entries, and windows shall be screened
in such a manner as to prevent visual access from the outside of the
structure into the interior of the building.
(5)
No adult use shall be allowed to display for advertising purposes
any signs, placards, or other materials on the exterior of the building
or in the interior of the building where they can be seen from the
outside of the structure.
(6)
Each business is allowed to have one sign that is 16 square
feet in size with the highest part of the sign to be no higher than
six feet above the ground and not closer than 15 feet to the street
right-of-way.
(7)
Signs will be made out of wood or approved product that simulates
wood and will be lit externally in such a way that all light is contained
on the property.
(8)
No wording or design of the sign shall be allowed that may be
construed as having "lascivious intent" as defined in MGL c. 272,
§ 31.
(9)
The front yard dimensions shall be a minimum of 100 feet from
the right-of-way line of the roadway.
(10)
With the exception of adult cabarets or adult motion-picture
theaters, adult uses may not exceed 3,500 feet of usable floor area.
(11)
No adult uses shall be allowed to disseminate or offer for sale
any adult material or paraphernalia to minors.
(12)
No adult uses shall be allowed within a building containing
other retail, consumer or residential uses.
(13)
No adult uses shall be allowed in a shopping center, shopping
plaza or mall.
D.
Application. The application under this section of this chapter must
be submitted in six copies that are stamped and certified by an architect
or engineer appropriately licensed within the Commonwealth of Massachusetts.
(1)
Ownership and background information. The application must include
the following information:
(a)
Name and address of the legal owner of the adult business as
well as that of the building owner.
(b)
Name and address of any person having a lawful ownership, equity,
or security interest in the proposed establishment.
(c)
A sworn statement that the applicant, business owner, building
owner, manager, or any person having a lawful ownership equity or
security interest in the proposed establishment has never been convicted
of violating provisions of MGL c. 119, § 63, or MGL c. 272,
§ 28, or received any violation notice while operating or
owning any establishment licensed under MGL c. 138, § 12.
(2)
The site plan submitted as part of the application process must show all buildings, parking spaces, driveways, rights-of-way, and service areas, along with screening or landscaping plans; and must include the distances from the nearest of each of the uses as listed in § 199-9.4B of this chapter.
E.
Findings. The Planning Board may impose other reasonable conditions,
safeguards, and limitations based on its review of the application.
(1)
Special permit for adult uses will be issued only to those owners
who are listed in the application.
(2)
The special permit will not run with the land. Any change in
the ownership structure will require a new special permit process.
(3)
Any adult use special permit shall lapse within one year if
the proposed structure is unoccupied or if construction has not been
completed. This time period may be extended by vote of the Planning
Board after a public hearing is held on this matter.
F.
Severability. The provisions of this section of this chapter are
severable. In the event that any portion of this section of this chapter
is determined to be invalid for any reason, the remaining provisions
shall remain in effect and in full force.
No trailer or mobile home used for residential purposes shall
be placed or affixed on a foundation within the limits of the Town
except:
A.
With a written permit by the Board of Selectmen and approved by the
Board of Health for temporary residence or office use during the construction
of a building on the premises. In no case shall the trailer be so
occupied for a period exceeding six months from the date of the permit.
B.
A trailer may be stored by its owner in a garage or other accessory
building or in the rear half of the lot owned by the owner of the
trailer. Outside stored trailers may not be used for living and for
business purposes.
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 politic or by a religious
sect or denomination or by an educational corporation shall be permitted,
subject to the following regulations:
A.
Maximum building height shall be 2 1/2 stories or 35 feet.
B.
Maximum building coverage shall be 10%.
C.
Setback. A 100-foot buffer shall be provided surrounding the property,
to be kept undeveloped except for entrance, exit roadway and parking
facilities, provided that such parking shall be provided with screening
from abutting properties and a landscaped strip at least 25 feet wide
along any property boundary line.
D.
Major access driveways or private roads and major parking areas subject
to frequent use day or night shall be paved. Private drives or roads
are to be 18 feet wide and shall not exceed a grade of 7 1/2%.
E.
Parking areas shall be located within 200 feet of the building served.
A.
Purpose. The purpose of this section is to outline the special permitting
process to site a wireless communication facility within the Town
of Lee, while minimizing potential damage and adverse visual impacts
of wireless communication facilities on adjacent properties, residential
neighborhoods, and areas of historic or high scenic value; to allow
the provision of necessary wireless communication services in an orderly
way; and to promote shared use of existing facilities which reduce
the need for new facilities.
B.
DISTANCE
FAA
FCC
HEIGHT
NONRESIDENTIAL STRUCTURE
WIRELESS COMMUNICATION BUILDING
WIRELESS COMMUNICATION DEVICE
WIRELESS COMMUNICATION STRUCTURE
Definitions:
Shall be measured on a horizontal plane.
The Federal Aviation Administration.
The Federal Communications Commission.
The distance measured from ground level to the highest point
on the structure.
Such structures as, but not limited to, buildings, grain
silos, and water towers, but does not include houses or apartments.
Any building or shelter used to house equipment primarily
for generating and detecting electromagnetic radiation and is an accessory
to a wireless communications structure.
Any antenna, appurtenance, wiring or equipment used in connection
with the reception or transmission of electromagnetic radiation which
is attached to a structure.
Any structure or tower intended to support equipment used
for the transmission and reception of electromagnetic radiation, including
the antennas, wiring or other devices attached to or mounted on a
structure.
C.
Exemptions. The following shall be exempt from this section:
(1)
Wireless communication facilities used for Town or state emergency
services.
(2)
Amateur radio towers used in compliance with the terms of any
amateur radio service licensed by the Federal Communications Commission
and used solely for that purpose.
(3)
Wireless communication structures and devices used expressly
for home television and radio reception.
D.
General guidelines.
(1)
No wireless communication facility shall be erected, constructed,
or installed without a special permit from the Planning Board.
(2)
Wherever feasible, wireless communication devices shall be located
on existing towers or other nonresidential structures, minimizing
proliferation of new towers.
(3)
Wireless communication structures shall be built so that the
structural integrity of the facility is able to accommodate devices
operated by another carrier with little or no modification.
(4)
Wireless communication buildings shall be no larger than 500
square feet and 12 feet high, shall be designed to match other accessory
buildings on-site, and shall be used only for the housing of equipment
related to this particular site.
(5)
Any change in use of the structure must be preapproved by the
Planning Board.
E.
Siting and height requirements.
(1)
Setbacks.
(a)
The minimum distance from the base of the wireless communication
structure to any property line or road right-of-way shall be at least
1.25 times the height of the structure.
(b)
The minimum distance from any guy wire, anchor or brace to any
property line or road right-of-way shall be equal to the length of
the guy wire.
(c)
The setbacks for the wireless communication building shall comply
with the setback requirements for the zoning district.
(d)
The wireless communication structure shall be a minimum distance
of three times the height from school buildings, including playgrounds
and athletic fields, and abutting residences to prevent the structure
from appearing to "tower" over, adversely affecting property values.
(2)
Height. The height shall be the minimum height necessary to
accommodate anticipated and future use.
(3)
Wireless communication structures are encouraged on state lands,
provided that said lands are not subject to the provisions of Article
97 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
If facilities predating this section exist on such lands, the shared
use of such facilities is encouraged.
(4)
The wireless communication structure shall, when possible, be
sited off ridgelines and where their visible impact is the least detrimental
to valuable historic and scenic areas. "Valuable" should be determined
by any appropriate Town board(s) and can be views that the Town has
identified as scenic or views listed in the Massachusetts Department
of Environmental Management, 1982.
(5)
No new wireless communication structure shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the Planning
Board that no existing wireless communication structure can accommodate
the applicant's proposed wireless communication device. Evidence submitted
to demonstrate that an existing structure cannot accommodate the applicant's
proposed device may consist of any of the following:
(a)
No existing wireless communication structures or nonresidential
structures are located within the geographic area required to meet
the Town of Lee and applicant's engineering requirements.
(b)
Existing wireless communication structures or nonresidential
structures are not sufficient height to meet the applicant's requirements.
(c)
Existing wireless communication structures or nonresidential
structures do not have sufficient structural strength or cannot be
brought up to appropriate strength to support the proposed wireless
communication device.
(d)
The proposed wireless communication device would cause electromagnetic
interference with the existing devices on the site, or the existing
devices would cause interference with the proposed wireless communication
device.
(e)
The fee, costs, or contractual provisions required by the owner
in order to share an existing wireless communication structure or
to adapt an existing structure for use are unreasonable.
(f)
The applicant demonstrates that there are other limiting factors
that render existing structures unreasonable.
F.
Design requirements.
(1)
Wireless communication structures must be designed to accommodate
the maximum number of users as technologically possible, and should
be of monopole design.
(2)
There shall be no signs or advertisements, except for no trespassing
signs and a required sign giving a phone number where the responsible
party can be reached on a twenty-four-hour basis.
(3)
All wireless communication devices shall be colored, molded,
and/or installed to blend into structure and/or landscape. Preference
should be given to placing antennas on existing structures.
(4)
The facility shall be fenced to control access.
(5)
Night lighting of the facility shall be prohibited unless required
by the FAA. If required by FAA, a copy of the FAA permit requiring
lighting should be submitted with the application.
(6)
There shall be a maximum of one parking space at each facility
to be used in connection with maintenance of the site and shall not
be used for the storage of vehicles or other equipment.
(7)
Existing on-site vegetation shall be preserved to the maximum
extent possible.
(8)
Vegetative screening shall be used to screen abutting residential
properties and roadways. Plants that fit in with the surrounding natural
vegetation shall be used.
G.
Application process. Applications for a special permit for siting
wireless communication facilities shall be filed in accordance with
rules and regulations already established in this chapter. The Planning
Board shall hold a public hearing within 65 days of filing of an application
and a shall issue a decision within 90 days following the date of
the public hearing.
(1)
To site a new wireless communication structure, the applicant
shall submit:
(a)
Site plans and engineering plans, prepared by a professional
engineer licensed to practice in Massachusetts, on twenty-four-inch-by-thirty-six-inch
sheets at a scale of one inch equals 40 feet or one inch equals 200
feet, where appropriate, on as many sheets as necessary to show the
following:
[1]
North arrow, date, scale, seal(s) of the licensed professional(s)
who prepared plans and space for the reviewing licensed engineer's
seal.
[2]
Name and address of landowner and name and address of abutters.
[3]
Property lines and location of permanent structures or buildings
within 500-foot radius of proposed wireless communication structure.
[4]
Existing (from a topographical survey completed within two years
of application submittal date by a professional surveyor licensed
to practice in Massachusetts) and proposed contours at a maximum of
two-foot intervals and spot elevations at the base of all the proposed
and existing structures.
[5]
Vegetation to be removed or altered.
[6]
Plans for drainage of surface water and plans to control erosion
and sedimentation, both during construction and as a permanent measure.
[7]
Delineation of wetlands, if any.
[8]
Location of wireless communication structure, including supports
or guy wires, if any.
[9]
Plans for anchoring and supporting the structure, including
specifications of hardware and all other building material.
[10]
Plans for accessory buildings.
[11]
Layout and details of surfacing for access road
and parking.
[12]
Amenities such as lighting, fencing, landscaping.
[13]
Four view lines in a one- to three-mile radius
of the site, beginning at True North and continuing clockwise at ninety-degree
intervals and additional view lines from any historic, scenic, or
other prominent areas of Town determined by the Planning Board.
[14]
Plans for a well or other water source, if any.
[15]
Plans for any septic system, if any.
[16]
Plans for maintenance of roads necessary to access
and maintain the property.
(b)
A map showing areas covered/served by the proposed wireless
communication structure and device of different signal strengths,
and the interface with adjacent service areas.
(c)
A locus map at a scale one inch equals 1,000 feet which shall
show streets, buildings, and landscape features.
(d)
A description of the soil and surficial geology at the proposed
site.
(e)
A narrative report written by the carrier and licensed professional
engineer which shall:
[1]
Describe the justification of proposed site.
[2]
Describe the structure and the technical, economic, and other
reasons for the facility design.
[3]
Describe the capacity of the structure, including the number
and the type of additional facilities it can accommodate.
[4]
Describe actions to be taken if electromagnetic radiation from
the facility should exceed levels designated by the FCC.
[5]
Describe the projected future needs of the carrier, and how
the proposed wireless communications facilities fit with the future
projections to serve the Town and adjacent towns.
[6]
Describe leasing agreement should another carrier decide to
co-locate.
[7]
Describe special design features to minimize the visual impact
of the proposed wireless communication facility.
[8]
Describe in detail the steps which the carrier will follow in
the event of an emergency, such as fire or collapse of the tower.
In particular, what are the responsibilities of the carrier and how
are the Town officials to be notified for the safety of personnel,
Town and personal properties?
(f)
Proof of approval of all other necessary permits needed for
construction and operation.
(g)
If the proposed facility is taller than zone height restriction,
after the application is submitted, and not more than 14 days before
the public hearing, the applicant shall arrange to fly a two-foot-diameter
balloon at the site of the proposed wireless communication structure
at the maximum height of the proposed installation. The date and location
of the flight shall be advertised at least 14 days but not more than
21 days before the flights, and again in the public hearing advertisement
in a newspaper with a general circulation in the Town.
(2)
To site a wireless communication device on existing wireless
communication structures or nonresidential structures, such as buildings,
grain silos, steeples, water towers or other nonresidential structures,
including co-location with another carrier, provided that the new
use does not add to the height of the structure, the applicant shall
submit:
(a)
Site plans and engineering plans, prepared by a professional
engineer licensed to practice in Massachusetts, on twenty-four-inch-by-thirty-six-inch
sheets at a scale of one inch equals 40 feet or one inch equals 200
feet on as many sheets as necessary which show the following:
[1]
North arrow, date, scale, the seal(s) of the licensed professional(s)
who prepared the plans and a space for reviewing licensed engineer's
seal.
[2]
Plans for supporting and attaching the device, including specifications
of hardware and all other building material.
[3]
Building plans for accessory buildings, if any.
[4]
Layout and details of surfacing for access road and parking,
if it is to be altered from existing condition.
(b)
A map showing the areas covered by proposed device(s) of different
signal strengths and the interface with adjacent service areas.
(c)
A narrative report written by the carrier and licensed professional
engineer which shall:
[1]
Include a draft of the contract between the structure/building
owner (whichever is appropriate) and the applicant.
[2]
Demonstrate that the wireless communication structure or nonresidential
structure to which the device will be mounted has the structural integrity
to support such a device.
[3]
Describe actions to be taken if electromagnetic radiation from
the facility should exceed levels designated by the FCC.
[4]
Describe the projected future needs of the carrier and how the
proposed facility fits with future projections.
[5]
Describe in detail the steps which the carrier will follow in
the event of an emergency, such as fire or collapse of the tower.
In particular, what are the responsibilities of the carrier and how
are the Town officials to be notified for the safety of personnel,
Town and personal properties?
(d)
Proof of all other permits deeded for construction and operation.
(e)
If the proposed facility adds more than five feet to the height of the structure at the effective date of this section and will exceed zone height restrictions, the Planning Board may require a balloon test as described above in § 199-9.7G(1)(g).
(3)
Twelve copies of the above information shall be submitted along
with the application form to the Planning Board.
H.
Approval.
(1)
In granting a special permit for wireless communications facilities,
in addition to the findings required by this chapter for special permits,
the Town of Lee Planning Board shall find:
(a)
That the applicant has demonstrated to the satisfaction of the
Planning Board that the requirements of this section have been met.
(b)
That the size and height of the structure is the minimum necessary.
(c)
That the proposed wireless communication facilities will not
adversely impact historic structures, scenic views, or residential
neighborhoods.
(d)
That there are no feasible alternatives to the location of the
proposed wireless communication facilities, including co-location
of the proposed wireless communication facilities, including co-location,
that would minimize their impact, and the applicant has exercised
good faith in permitting future co-location of facilities at the site.
(2)
When considering an application for wireless communication facility,
the Planning Board shall place great emphasis on the proximity of
the facility to residential dwellings and its impact on these residences,
and will encourage the use of existing structures.
(3)
Any extension or construction of new or replacement towers or
transmitters shall be subject to the special permit, following the
same procedure as siting a new wireless communication device.
I.
Conditions of use.
(1)
An initial bond shall be posted by the applicant to cover construction
costs and removal cost of facility in the event of nonuse and annual
maintenance bond for the access road, site, and structure(s) in an
amount approved by the Planning Board. An access road may include
existing Town roads not designed for heavy traffic and which are not
paved.
(2)
Regulatory compliance.
(a)
Annual certification demonstrating structural integrity and
continuing compliance with current standards of the FCC, FAA and the
American National Standards Institute shall be filed with the Building
Commissioner by the special permit holder, and shall be reviewed by
a licensed professional engineer hired by the Town and paid for by
the special permit holder.
(b)
If the FCC or the FAA regulations are changed, the owner or
operator shall bring the facilities into compliance within six months
or earlier if a more stringent compliance schedule is included in
the regulation.
(c)
Failure to comply with any regulations shall be grounds for
removal of noncomplying structures, buildings, and devices at the
owner's expense.
J.
Removal and repair.
(1)
An applicant must either file a performance bond or a deposit
of money or negotiable securities in an amount determined by the Board
to be sufficient to cover the cost of removal with the Town of Lee
Planning Board agreeing to remove, within 180 days of notice from
the Town, the wireless communication facility not in operation for
a period of 12 months, unless the reason for nonoperation is the result
of major damage. The Board may hire professional consultants to determine
the amount of bond or security required. Such bond or security, if
filed and deposited, shall be approved as to form and manner of execution
by Town Counsel and shall be contingent on the completion of repairs
or removal.
(2)
If the facility is not removed within 180 days, the Town will
remove said facility at the owner's expense.
(3)
In the event of major damage, repair must begin immediately
or as soon as possible. "Major damage" shall mean damage to the facility
caused by no fault of the owner or operator.
Resorts are subject to the following special regulations:
A.
The minimum area for such use shall be 200 acres;
B.
The minimum setback of all buildings or structures and unenclosed
recreational and off-street parking areas from any adjacent property
line shall be 100 feet;
C.
Off-street parking shall be provided on the premises for maximum
use of all facilities;
D.
No public address system shall be permitted except when such system
is inaudible at any property line;
E.
The resort shall comply with the Board of Health regulations pertaining
to on-lot sewage disposal systems and water supply and any other laws
and regulations regarding the establishment and maintenance of such
use; and
F.
No special permit shall be issued for the establishment or expansion
of such use unless the site plan has been reviewed by the Planning
Board and Conservation Commission and approved, in writing, by the
Board of Health and the Board of Selectmen.
A.
Purpose and applicability. The purpose of this section is to outline
the special permitting process for and encourage the responsible development
of the Town's wind energy resources. By providing standards for the
design, placement, construction, monitoring, modification and removal
of wind energy facilities, this section is intended to address public
health and safety, minimize impacts on scenic, natural and historic
resources of the Town and provide adequate financial assurances for
decommissioning. This section applies to all wind energy facilities
to be constructed after the effective date of this section. This section
also applies to physical modifications to any existing wind energy
facility that materially alter its type, number, location, height
or configuration.
B.
FALL ZONE
HEIGHT
LARGE WIND ENERGY FACILITY
METEOROLOGICAL TOWER
NACELLE
ROTOR
SMALL WIND ENERGY FACILITY
WIND ENERGY FACILITY
WIND TURBINE
Definitions.
The area on the ground measured from the base of the tower
that forms a circle with a radius equal to 1.5 times the height of
the wind energy facility. The fall zone is the area within which there
is a potential hazard from falling debris (such as ice) or collapsing
material.
The height from the existing grade of the fixed portion of
the tower to the blade tip of the turbine at the highest point of
its rotation or the highest point of the wind energy facility.
A wind energy facility with a height equal to or greater
than 200 feet.
A tower used for supporting anemometers, wind vanes and other
equipment to assess wind resources at a predetermined height above
the ground.
The frame and housing at the top of the tower that encloses
the gearbox and generator to protect them from weather.
The blades and hub of the wind turbine that rotate during
turbine operation.
A wind energy facility with a height of less than 200 feet.
All equipment, machinery and structures utilized in connection
with the conversion of wind to electricity. This includes, but is
not limited to, transmission, storage, collection and supply equipment,
substations, transformers, towers, wind turbines, foundations, stormwater
control measures, access roads and other appurtenant structures, facilities
and equipment.
A device that converts kinetic wind energy into rotational
energy that drives an electrical generator. A wind turbine typically
consists of a nacelle body and a rotor with two or more blades.
C.
Use regulations. No wind energy facility shall be erected, constructed,
or installed without first obtaining a special permit from the Planning
Board. Physical modifications to an existing wind energy facility
that materially alter its type, number, location, height or configuration
shall also require a special permit from the Planning Board.
D.
General requirements.
(1)
Compliance. The construction, operation, modification and removal
of all wind energy facilities shall comply with all local, state and
federal laws.
(2)
Site control. The applicant shall demonstrate actual control
over and legal access to the proposed site sufficient to allow for
the construction and operation of a wind energy facility.
(3)
Utility notification. The applicant shall demonstrate the utility
company that controls the electric grid in the area of the proposed
site has been informed of the applicant's intent to install an interconnected
wind energy facility. Off-grid wind energy facilities shall be exempt
from this requirement.
(4)
Operation and maintenance. The operator(s) of a wind energy
facility shall maintain the facility in good condition. The applicant
shall submit an operation and maintenance plan for the anticipated
life expectancy of the wind energy facility, showing how the operator(s)
will inspect and maintain the wind energy facility in good condition.
(5)
Inspection reports. The operator(s) of a wind energy facility
shall submit inspection reports to the Building Commissioner every
five years. The inspection report must be completed by a licensed
professional structural engineer.
(6)
Unsafe structure. Should the inspection of any wind energy facility
reveal structural defects or safety concerns that, in the opinion
of the licensed professional structural engineer, render the wind
energy facility unsafe, the following actions must be taken. At the
discretion of the Building Commissioner, the operation of the wind
energy facility shall be terminated until the structural defects and/or
safety concerns have been addressed. Within 30 business days of notification
of an unsafe structure, the operator(s) of the wind energy facility
shall submit a plan to remediate the structural or safety defects
to the Building Commissioner. Failure to remediate the structural
or safety defects within six months from the date of initial notice
shall be a violation of the special permit and subject to the penalties
and fines as allowed by law. Such penalties and fines shall be payable
by the operator(s) until compliance is achieved.
(7)
Contingency plan. The applicant shall submit a contingency plan
that outlines the protocols to be followed to mitigate unacceptable
adverse impacts to the Town, its residents and the environment. At
a minimum, the plan shall include mitigation steps to address the
possibility of excessive noise, excessive shadow flicker and excessive
wildlife injuries or mortalities as determined by the state or federal
agency with jurisdiction over the impacted species.
(8)
Liability insurance. The owner of the wind energy facility shall
obtain and keep current insurance policy or policies against loss
or damage to persons or property, including personal injury or death
resulting from the construction, operation and decommissioning of
the wind energy facility. The Planning Board shall determine the minimum
amount of liability insurance required. The owner of the wind energy
facility shall provide the Planning Board with proof of liability
insurance, in the amount determined by the Planning Board, prior to
the issuance of a building permit and on an annual basis thereafter.
(9)
Removal plan and cost estimate. The applicant shall submit,
as part of the special permit application, a detailed plan for the
removal of the wind energy facility and restoration of the site to
its preexisting condition upon abandonment or decommissioning. The
removal plan shall be certified by a licensed professional engineer
and include a detailed estimate of the anticipated removal and site
restoration costs that includes a mechanism to account for inflation.
E.
Financial surety. The owner(s) of the wind energy facility shall
provide the Planning Board with financial surety for the following
purpose prior to the issuance of a building permit. The Planning Board
may require that a qualified consultant, chosen by the Town and paid
for by the applicant, give the estimate of the dollar amount of the
surety to be posted. All surety, if filed and deposited, shall be
approved as to form and manner of execution by Town Counsel.
(1)
Surety to ensure that the wind energy facility project site
is properly stabilized to protect downslope properties and public
ways. The amount and form of surety shall be determined by the Planning
Board.
(2)
Surety to cover possible damage to public ways and public lands
damaged during the transportation of the wind energy facility components.
The amount and form of surety shall be determined by the Planning
Board.
(3)
Surety to cover the cost of removal of the wind energy facility
and the restoration of the site in the event the Town must remove
the wind energy facility and restore the site. The amount and form
of surety shall be determined by the Planning Board, but in no event
shall the amount exceed 125% of the total estimated cost of removal.
(4)
No less than 90 days prior to the expiration of any financial
surety required by this section, the current owner(s) of the wind
energy facility shall provide the Planning Board with renewed, extended
or replacement financial surety.
F.
Design standards.
(1)
Meteorological towers. All meteorological towers shall be set
back at least 1.5 times its height from all public ways and off-site
buildings. No meteorological tower shall exceed 420 feet in height.
(2)
Height. No wind energy facility shall exceed 420 feet in height.
(3)
Appearance. All wind energy facilities shall be finished in
a neutral (white or gray), nonreflective color to minimize visual
impacts.
(4)
Signage. Signs listing the twenty-four-hour contact information of the wind energy facility operator shall be installed in an easily accessible and noticeable location at the wind energy facility site. All signs shall comply with Article VII of this chapter. Sign locations may be determined by the Planning Board.
(5)
Lighting. A wind energy facility shall contain a beacon light
or lights as required by the Federal Aviation Administration (FAA).
A wind energy facility may include lights necessary for the safe operation
of the large wind energy system. All operational lighting shall be
directed downwards and screened from roadways and abutting properties.
(6)
Shadow flicker. No wind energy facility shall cause more than
30 shadow flicker hours per year on any off-site inhabited building
or undeveloped lot. In calculating the number of shadow flicker hours
per year, the applicant may incorporate sunshine probabilities and
meteorological date when calculating the shadow flicker hours per
year. The Planning Board may allow more than 30 shadow flicker hours
per year on an off-site inhabited building or an undeveloped lot only
if written permission is granted by all individuals or entities with
control over the affected real property.
(7)
Appurtenant structures and equipment. All appurtenant structures,
and equipment shall comply with the dimensional requirements of the
underlying zoning district, including but not limited to setbacks
and height.
(8)
Noise regulations. All wind energy facilities and appurtenant
equipment shall comply with the provisions of the Massachusetts Department
of Environmental Protection's Division of Air Quality Noise Regulations
(310 CMR 7.10).
(9)
Setbacks.
(a)
No wind energy facility shall be located within the following
distances from the nearest off-site inhabited building in existence
on the date the application to construct a wind energy facility is
received by the Planning Board.
(b)
For a wind energy facility consisting of a single tower: three
times the height of the wind energy facility measured from the base
of the tower nearest the property in question.
(c)
For a wind energy facility consisting of two or more towers:
1/4 mile (1,320 feet) measured from the base of the tower nearest
the property in question.
(d)
All wind energy facilities shall be set back a distance equal
to 1.5 times the height of the wind energy facility from property
lines, on-site inhabited buildings, public rights-of-way and recreational
trails. The Planning Board may reduce the setback requirement from
property lines if written permission is granted by all individuals
or entities with control over the affected real property.
(10)
Unauthorized access. The owners or operators of all wind energy
facilities shall construct security barriers to prevent unauthorized
persons from gaining access to the facility.
(11)
Emergency response access. The wind energy facility and access
roads shall be constructed and maintained to allow for safe access
at all times by local emergency vehicles. Local public safety officials
shall be provided with the ability to access the system as needed
to respond to emergencies.
(12)
Stormwater management. All stormwater controls installed at
the wind energy facility site and on associated roadways shall be
constructed and managed according to the Massachusetts Stormwater
Policy.
G.
Large wind energy facility site assessments.
(1)
Balloon/crane test. After the application is submitted, and
not more than 14 days before the public hearing, the applicant shall
arrange to fly a brightly colored, four-foot-diameter balloon at the
site of the proposed wind energy facility at the maximum height of
the wind energy facility. A balloon shall be flown for each proposed
wind turbine, and each balloon shall contain a beacon light similar
in color and output to the beacon light to be required by the FAA,
if any. The balloons shall be flown for a period of time to be determined
by the Planning Board. The date and location of the flight shall be
advertised at least 14 days, but no more than 21 days, before the
flights, and again in the public hearing advertisement in a newspaper
with a general circulation in the Town. If visibility and weather
conditions are inadequate for observers, the Planning Board may require
additional tests.
(2)
Sight line simulations. The Planning Board shall select up to
five locations from which the applicant shall conduct and submit sight
line simulations from the chosen locations to the proposed wind energy
facility site. All simulations shall be in color and provide an accurate
representation of the height, width and breadth of the proposed wind
energy facility.
(3)
Noise analysis. The applicant shall submit the results of a
noise analysis to the Planning Board. The noise analysis shall be
conducted in accordance with industry standards and certified by a
qualified independent acoustical engineer. The noise analysis shall
contain sufficient information for the Planning Board to determine
whether the operation of the proposed wind energy facility will comply
with Massachusetts Department of Environmental Protection's Division
of Air Quality Noise Regulations (310 CMR 7.10). In completing the
noise analysis, the acoustical engineer shall consider the unique
topography of the surrounding area, both daytime and nighttime ambient
noise levels, seasonal conditions, nearby residences, prevailing wind
direction and atmospheric conditions, such as high wind shear or thermal
inversion that may affect the propagation of sound emitted from the
wind energy facility. The noise analysis shall also analyze and discuss
the anticipated impacts of low frequency noise emitted from the wind
energy facility.
(4)
Shadow flicker analysis. The applicant shall conduct a shadow
flicker analysis and submit its findings to the Planning Board. The
analysis shall include a detailed discussion of the anticipated shadow
flicker impacts for all off-site inhabited buildings and undeveloped
lots estimated to receive 30 or more shadow flicker hours per year,
worst-case scenario. At least 14 days prior to the public hearing,
the applicant shall notify, by certified mail, all the owners of off-site
inhabited buildings and undeveloped lots expected to receive 30 or
more shadow flicker hours per year, worst-case scenario. The applicant
shall submit proof of notification to the Planning Board.
(5)
Avian and bat species analysis. The applicant shall submit the
results of an avian and bat species analysis to the Planning Board.
The avian and bat species analysis shall be conducted and certified
by a qualified independent wildlife biologist. The avian and bat species
analysis shall contain sufficient information to fully characterize
and determine the risk posed by the proposed wind energy facility
to avian and bat species. Applicants shall comply with the most recent
U.S. Fish and Wildlife Service Wind Turbine Guidelines Advisory Committee
Recommended Guidelines: Recommendations on Developing Effective Measures
to Mitigate Impacts to Wildlife and Their Habitats Related to Land-Based
Wind Energy Facilities, when planning and conducting studies to meet
the requirements of this section. For one year following the onset
of the wind facility operation, the operator shall conduct monitoring
of bat and avian species injuries and mortality. The monitoring will
be conducted by a professional approved by the Planning Board and
reported to the Board at the end of the first year of operation.
(6)
Application procedures. Upon receipt of a complete application for a wind energy facility, the Planning Board shall review and take action upon the application in accordance with the special permit procedures set for in § 199-13.4 and this section.
(7)
Consultant review. Upon submission of an application for a wind
energy facility special permit, the Planning Board will be authorized
to hire independent consultants at the applicant's expense, pursuant
to MGL c. 44, § 53G, to assist the Planning Board with its
review of the application.
(8)
Reasonable conditions and mitigation. The Planning Board may
impose reasonable conditions, safeguards and limitations on time of
use of the facility and may require the applicant to implement all
reasonable measures to mitigate unforeseen adverse impacts of the
wind energy facility should they occur.
(9)
Application requirements. The applicant shall submit the following
required information as part of the application for a wind energy
facility special permit. All site plans shall be signed and sealed
by a registered land surveyor in consultation with a licensed professional
engineer.
(a)
Contact information. Name, address, phone number, email and
signature of the applicant, as well as all coapplicants and property
owners, if any, and the name, contact information and the signature
of any agents representing the applicant.
(b)
Site identification. Identify the location of the proposed wind
energy facility. Provide the street address, if any, and the tax map
and parcel number(s).
(c)
Location map. A relevant portion of the most recent USGS Quadrangle
Maps at a scale of one inch equals 25,000 feet or similar scale, showing
the proposed wind energy facility site, associated roadways, transmission
lines and the area within at least a five-mile radius of the proposed
site.
(d)
Vicinity map. A map of the proposed wind energy facility site
at a scale of one inch equals 300 feet or similar scale, with existing
contour intervals no greater than 10 feet, showing the entire area
within a one-half-mile radius of the proposed wind energy facility
and shall include:
[1]
Existing topography; public and private roads; recreation trails;
property lines of all lots; structures, including their use; historic
sites; cultural sites; wetlands; known bat hibernacula; known critical
habitat areas; other environmentally sensitive areas; and location
of existing and proposed electric distribution lines, transformers,
substations, and access easements.
(10)
Site plan. The applicant shall submit a site plan with a scale
of one inch equals 40 feet, unless otherwise noted, with contour intervals
no greater than two feet, showing the following:
(a)
Property lines of the proposed wind energy facility site and
adjacent parcel within two times the height of the wind energy facility.
(b)
Outline of all existing structures, including their uses, located
within two times the height of the wind energy facility with the exact
distances to the base of the nearest turbine listed.
(c)
Existing and proposed public and private roads, driveways, and
recreational trails within two times the height of the wind energy
facility.
(d)
Representations, dimensioned and to scale, of the proposed wind
energy facility, including, but not limited to, tower foundations,
guy anchors, cable locations, associated equipment and structures,
fencing, electric distribution infrastructure, parking and access
roads.
(e)
All proposed changes to the existing site, associated roadways
and transmission lines, including but not limited to areas of temporary
clearing, areas of permanent clearing, areas of grading, and areas
of cut and fill.
(f)
Delineation of all wetland resource areas and buffers on the
proposed wind energy facility site, associated roadways and transmission
lines.
(g)
Location of known habitat areas for rare species, endangered
species and species of special concern.
(h)
A cross section of the proposed access road, indicating its
width, crown, depth of gravel, drainage, and paving or other surface
material.
(11)
Elevations. Siting elevations or views at grade from north,
south, west and east for a distance equal to 1.5 times the height
of the wind energy facility. Elevations shall be at 1/4 inch equals
one foot or similar scale and showing the following:
(12)
Technical information.
(a)
Documentation of the wind energy facility's stated nameplate
capacity, manufacturer, model number, tower height, rotor diameter,
braking mechanisms, other safety mechanisms, tower type, color, foundation
type and foundation dimensions.
(b)
One- or three-line electrical diagram detailing the wind energy
facility, associated components and electrical interconnection methods
with all National Electrical Code compliant disconnects and overcurrent
devices.
(13)
Stormwater control plans. Engineering plans showing the drainage
of surface water and detailed plans to control erosion and sedimentation,
during construction and as a permanent measure, which show conformance
to the Massachusetts Stormwater Policy.
(14)
Transportation plans. A written transportation plan discussing
the anticipated transportation issues created by the transportation
of the wind energy facility components, which shall include the following:
(a)
A map showing the anticipated transportation route commencing
at the Massachusetts state line.
(b)
All locations in the Town of Lee where land alterations and
clearing of vegetation will be required, regardless of ownership,
including the approximate square footage of each land alteration and
clearing.
(c)
A detailed list of all bridges and culverts to be crossed in
the Town of Lee during the transportation of the wind energy facility
components, that includes the applicable width and weight restrictions
of each bridge and culvert.
(d)
Detailed site plans for all anticipated road, bridge, or culvert
alterations in the Town of Lee along the anticipated transportation
route, regardless of ownership.
(e)
A list of the anticipated combined weight of the delivery vehicles
and cargo.
(f)
A list of the turning radii of the delivery vehicles with cargo.
(g)
All anticipated road closures and traffic disruptions, including
those that may affect emergency response vehicles, and plans to manage,
in cooperation with local and state officials, these road closures
and traffic disruptions.
(15)
Waiver. The Planning Board may waive application requirements
as the Board, in its discretion, deems appropriate.
H.
Damage to public ways and public lands. The applicant shall be responsible
for the cost of repairing any damage to public and/or private ways
and public and/or private lands in the Town of Lee in connection with
the transportation, construction, operation, maintenance and decommissioning
of the wind energy facility.
(1)
In furtherance of this section, an independent licensed professional
engineer, paid for by the applicant and selected by the Town, shall
document the condition of all public and/or private ways and public
and/or private lands along the anticipated transportation route prior
to the transportation of any wind energy facility.
(2)
Within 30 days after all wind energy facilities components have
been transported, the independent licensed professional engineer,
paid for by the applicant and selected by the Town, shall redocument
the condition of all public and/or private ways and public and/or
private lands along the actual transportation route to determine whether
the public and/or private ways and public and/or private lands have
been damaged by the applicant and, if so, the total cost to repair
such damage. The applicant is responsible for the total cost of all
repairs even if this exceeds the amount of the surety held by the
Town.
I.
Abandonment and removal of large wind energy facilities.
(1)
The most recent wind energy facility owner(s) shall remove the
wind energy facility, at the end of its useful life or when it is
abandoned, and restore the site in accordance with facility's previously
submitted removal plan. The most recent operator shall notify the
Building Commissioner by certified mail of the proposed date of discontinuance.
Without notice of a proposed date of discontinuance, the wind energy
facility shall be presumed to be abandoned if it is not operated for
a period of six months.
(2)
After six months of nonoperation, the Building Commissioner
shall issue a written notice of abandonment to the most recent owner(s).
The most recent operator or current owner(s) shall have 30 days to
rebut the presumption of abandonment by submitting information to
the Building Commissioner that demonstrates that wind energy facility
has operated within the six-month period or the wind energy facility
will return to operation at a date specified, not to exceed one year.
If the most recent operator or owner(s) does not submit any information
to the Building Commissioner or the wind energy facility has not been
returned to operation within one year of the date of the written notice
of abandonment, it shall be deemed abandoned.
(3)
The most recent owner(s) shall physically remove the wind energy
facility and restore the site within 180 days from the date of discontinuance
or abandonment. If the most recent owner(s) fails to remove the wind
energy facility within the 180-day period, the Town shall have the
right to enter onto the site and physically remove the wind energy
facility and restore the site at the sole expense of the most recent
owner(s).
J.
Lapse of approval. Any special permit approved to construct, operate
or modify a wind energy facility pursuant to this section shall automatically
expire if:
K.
Violation. It is unlawful for any person or entity to construct,
install, modify or operate a wind energy facility that is not in compliance
with this section or with any condition contained in a special permit
issued pursuant to this section.
L.
Penalties. Any person or entity that fails to comply with any provision
of this section or any condition contained in a special permit issued
pursuant to this section shall be subject to enforcement and penalties
as allowed by applicable law.
M.
Severability. The provisions of this section are severable, and the
invalidity of any section, subdivision, subsection, paragraph or other
part of this section shall not affect the validity or effectiveness
of the remainder of this section.
Outdoor recreational uses shall be permitted in all districts
subject to the following regulations:
A.
Purpose. The purpose of this section is to provide for the placement of marijuana establishments (MEs) in suitable locations in the Town of Lee (the "Town") in recognition of and in accordance with "Regulation of the Use and Distribution of Marijuana Not Medically Prescribed," MGL c. 94G. The specific purpose of this section is to safeguard the built environment by permitting compliance with state law in a manner consistent with community and neighborhood concerns, while also ensuring that those entities permitted to operate a licensed ME, as defined herein, comply with the relevant provisions of Chapter 334 of the Acts of 2016, Chapter 351 of the Acts of 2016, Chapter 55 of the Acts of 2017, and the regulations promulgated by the Cannabis Control Commission (CCC) found at 935 CMR 500.000 et seq.
B.
CRAFT MARIJUANA COOPERATIVE
INDEPENDENT TESTING LABORATORY
(1)
(2)
(3)
LICENSE
MARIJUANA CULTIVATION FACILITIES
MARIJUANA CULTIVATOR
MARIJUANA ESTABLISHMENT (ME)
MARIJUANA PRODUCT MANUFACTURER
MARIJUANA PRODUCTS
MARIJUANA RETAILER
MARIJUANA TRANSPORTER
MICROBUSINESS
RESEARCH FACILITY
Definitions.
A marijuana cultivator comprised of residents of the commonwealth
organized as a limited-liability company or limited-liability partnership
under the laws of the commonwealth, or an appropriate business structure
as determined by the CCC, and that is licensed to cultivate, obtain,
manufacture, process, package and brand marijuana and marijuana products
to deliver marijuana to MEs but not to consumers.
A laboratory that is licensed by the CCC and is:
Accredited to the most current International Organization for
Standardization 17025 by a third-party accrediting body that is a
signatory to the International Laboratory Accreditation Accrediting
Cooperation mutual recognition arrangement or that is otherwise approved
by the Commission;
Independent financially from any medical marijuana treatment
center or any licensee or ME for which it conducts a test; and
Qualified to test marijuana in compliance with 935 CMR 500.160
and MGL c. 94C, § 34.
The certificate issued by the CCC that confirms that an ME
has met all applicable requirements of state law and this chapter.
An ME may be eligible for a provisional or final license.
Facilities that a marijuana cultivator may be licensed to
operate.
An entity licensed to cultivate, process, and package marijuana;
to deliver marijuana to MEs; and to transfer marijuana to other MEs
but not consumers.
A marijuana cultivator, craft marijuana cooperative, marijuana
product manufacturer, marijuana retailer, independent testing laboratory,
marijuana research facility, marijuana transporter, or any other type
of licensed marijuana-related business, except a medical marijuana
treatment center.
An entity licensed to obtain, manufacture, process, and package
marijuana and marijuana products; to deliver marijuana and marijuana
products to other MEs, and to transfer marijuana and marijuana products
to other MEs but not consumers.
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 or consumption, including edible products, beverages,
topical products, ointments, oils and tinctures.
An entity licensed to purchase and deliver marijuana and
marijuana products from MEs and to deliver, sell, or otherwise transfer
marijuana and marijuana products to other MEs and to consumers.
An entity, not otherwise licensed by the CCC, that is licensed
to purchase, obtain, and possess cannabis or marijuana product solely
for the purpose of transporting, temporary storage, sale and distribution
to MEs, but not to consumers.
A co-located ME that can be either a Tier 1 marijuana cultivator
or product manufacturer or both, in compliance with the operating
procedures for each license. A microbusiness that is a marijuana product
manufacturer may purchase no more than 2,000 pounds of marijuana per
year from other MEs.
An entity licensed to engage in research projects by the
CCC.
C.
Designated locations for MEs. The locations designated by the Town
of Lee where an ME may be sited are as follows:
(2)
Marijuana retailers, as defined in this section, may be sited in the Central Business Corridor (CBC) and the Rural Business (RB) Zone Districts as shown on the Zoning Map pursuant to MGL c. 40A, § 4, upon the approval of a site plan and special permit, in accordance with §§ 199-13.3 and 199-13.4 of this chapter.
(3)
Marijuana independent testing laboratories and research facilities, as defined in this section, may be sited in the Downtown Commercial Business Corridor (DCBC), Central Business Corridor (CBC), Rural Business (RB) and the Office Park Light Industrial (OPLI) Zone Districts as shown on the Zoning Map pursuant to MGL c. 40A, § 4, upon the approval of a site plan and special permit, in accordance with §§ 199-13.3 and 199-13.4 of this chapter.
(4)
Marijuana cultivation facilities, marijuana product manufacturers and marijuana transporters, as defined in this section, may be sited in the Rural Business (RB) and Office Park Light Industrial (OPLI) Zone Districts as shown on the Zoning Map pursuant to MGL c. 40A, § 4, upon the approval of a site plan and special permit, in accordance with §§ 199-13.3 and 199-13.4 of this chapter.
(5)
No marijuana retailer may be located closer than 500 feet from
any school, place of worship, any type of child-care facility as referenced
in 606 CMR 7.02, or other similar facility where minors commonly congregate
and are the primary population served by the facility. The setback
distance shall be measured in a straight line from the nearest point
of the property line of the proposed marijuana retailer and the nearest
point of the property line of said facilities. There shall be no setback
for all other MEs.
(6)
As part of the special permit process, the special permit granting authority may reduce the required setback distance as referenced in Subsection C(5) if it finds site-specific circumstances or barriers adequately separate the proposed marijuana retailer and the protected uses. The burden shall be on the applicant to demonstrate that reducing the minimum setback will serve the purpose of this section and address the concerns of the special permit granting authority.
(7)
No ME, except for marijuana transporters, shall be permitted
to operate from a movable, mobile or transitory location.
D.
Designated number of MEs.
(1)
The total number of marijuana retailers shall not exceed 20%
of the number of licenses issued within the Town for the retail sale
of alcoholic beverages not to be drunk on the premises. Fractions
of retailers shall be rounded up to the nearest whole number.
(2)
The total number of nonretail MEs shall not exceed 14.
E.
General requirements. The following general requirements are established
for all proposed operations of MEs.
(1)
Outside storage. No outside storage of marijuana, marijuana
products, related supplies, or educational materials is permitted,
except for outdoor, open-air cultivation facilities.
(2)
Hours of operation. A marijuana retailer may open no earlier
than 8:00 a.m. and shall close no later than 8:00 p.m. the same day,
Monday through Saturday, and from 10:00 a.m. until 8:00 p.m. on Sunday
unless other hours of operation are set by the special permit granting
authority as part of site plan approval. Hours of operation shall
apply to all sales, delivery, and dispensing activities for the business.
There shall be no hourly restrictions on nonretail marijuana facilities,
unless imposed by the special permit granting authority as part of
site plan approval.
(3)
Signage. All signage and advertising for MEs shall comply with all applicable state laws, as well as the provisions of Article VII of this chapter and all other applicable provisions of this Code. Advertisements, signs, displays or other promotional material depicting retail marijuana uses or symbols shall not be shown or exhibited off the premises, or in any manner which is visible to the public from roadways, pedestrian sidewalks or walkways, or from other public areas. No signage associated with a marijuana retailer shall use the word "marijuana," "cannabis," or any other word or phrase commonly understood to refer to marijuana, unless such word or phrase is immediately preceded by the word "retail," provided that no signage shall contain words such as "reefer," "ganja," "weed" or other similar slang references to marijuana or cannabis.
(4)
On-site consumption of marijuana. The use, consumption, ingestion
or inhalation of marijuana or marijuana products on or within the
premises of any ME is prohibited, except for research facilities.
(5)
Visibility of activities. All activities of any ME, except for
outdoor, open-air cultivation facilities, shall be conducted indoors.
(6)
Paraphernalia. Devices, contrivances, instruments and paraphernalia
for inhaling or otherwise consuming marijuana, including, but not
limited to, rolling papers and related tools, water pipes, and vaporizers,
may lawfully be sold at a marijuana retailer. No retail marijuana,
marijuana products, or paraphernalia shall be displayed or kept in
a retail marijuana store so as to be visible from outside the licensed
premises.
(7)
Control of emissions. Sufficient measures and means of preventing
smoke, odors, debris, dust, fluids and other substances from exiting
an ME must be provided at all times. In the event that any odors,
debris, dust, fluids or other substances exit an ME, the owner of
the subject premises and the licensee shall be jointly and severally
liable for such conditions and shall be responsible for immediate,
full cleanup and correction of such condition. The licensee shall
properly dispose of all such materials, items and other substances
in a safe, sanitary and secure manner and in accordance with all applicable
federal, state and local laws and regulations.
(8)
The proposed ME shall provide appropriate landscaping and urban
design features to harmonize the proposed project with abutting uses
so as to protect and enhance the aesthetics and architectural look
and character of the surrounding neighborhood. This requirement may
be modified or waived by the special permit granting authority.
(9)
Any violation will be corrected within 30 days, and if not corrected
within the required time, all operations of the ME shall be suspended
until the violation is corrected.
F.
Special permit required. No ME shall be operated or expanded without first obtaining a special permit from the special permit granting authority in accordance with this section and § 199-13.4, Special permits.
(1)
The special permit granting authority for any ME shall be the
Board of Selectmen.
(2)
A special permit shall only be valid for use by the applicant
and will become null and void upon the sale or transfer of the license
of an ME or change in the location of the business.
(3)
In the event that the commonwealth's licensing authority suspends
the license or registration of an ME, the special permit shall be
so suspended by the Town until the matter is resolved to the satisfaction
of said licensing authority.
G.
Filing requirements. Applications to permit an ME must be submitted
to the Select Board. Such applications for MEs shall include the following:
(1)
Site plan. A site plan shall be submitted that includes all information required as per § 199-13.3 and must also include the following:
(2)
Security plan. A security plan shall be submitted to ensure
the safety of employees, patrons and the public and to protect the
premises from theft or criminal activity. The Police Chief, or their
designee, shall offer comments to the special permit granting authority
regarding the security plan. The security plan shall include, but
not be limited to, the following:
(3)
Evidence that the applicant has site control and the right to
use the site for an ME in the form of a deed, valid lease, or purchase
and sale agreement or a notarized statement from the property owner,
certifying the applicant has firm site control.
(4)
The special permit granting authority may require a traffic
study that includes an analysis of on-site circulation and parking
demand to justify the number of proposed parking spaces and the optimum
configuration for site ingress and egress.
H.
Discontinuance of use. Any ME under this section shall be required
to remove all material, marijuana products, equipment, signs, and
other paraphernalia in compliance with regulations established by
the CCC prior to expiration of its license or immediately following
revocation or voiding of its licensure and/or registration. If the
license holder discontinues use, the ME shall immediately notify the
Lee Board of Selectmen, the Lee Police Chief and the Building Commissioner.
I.
No Town liability; indemnification.
(1)
The applicant and all licensees waive and release the Town,
its elected officials, employees, attorneys and agents from any liability
for injuries, damages or liabilities of any kind that result from
any arrest or prosecution of the ME owners, operators, employees,
clients or customers for a violation of state or federal laws, rules
or regulations.
(2)
The applicant, in receiving approvals issued pursuant to this
chapter, and all licensees, jointly and severally, if more than one,
agree to indemnify, defend and hold harmless the Town, its elected
officials, employees, attorneys, agents, insurers and self-insurance
pool against all liability, claims and demands on account of any injury,
loss or damage, including, without limitation, claims arising from
bodily injury, personal injury, sickness, disease, death, property
loss or damage, or any other loss of any kind whatsoever arising out
of or in any manner connected with the operation of the ME that is
the subject of the approval/license.
J.
Other laws remain applicable.
(1)
To the extent that the state has adopted or adopts in the future
any additional or stricter law or regulation governing the cultivation,
manufacturing, testing, research or retail of marijuana or marijuana
products, the additional or stricter regulation shall control the
ME in the Town. Compliance with any applicable state law or regulation
shall be deemed an additional requirement for issuance or denial of
any license under this chapter, and noncompliance with any applicable
state law or regulation shall be grounds for revocation or suspension
of any license issued hereunder.
(2)
Any ME may be required to demonstrate, upon demand by law enforcement
officers of the Lee Police Department and/or the local licensing authority,
that the source and quantity of any marijuana found upon the licensed
premises are in full compliance with any applicable state law or regulation.
(3)
The issuance of any license pursuant to this chapter shall not
be deemed to create an exception, defense or immunity to any person
in regard to any potential criminal liability the person may have
for the cultivation, possession, sale, distribution or use of marijuana.
(4)
Prior to the issuance of a special permit or site plan approval,
the ME must have entered into a host community agreement with the
Town. If, upon review by the Board of Selectmen, the ME is found to
not be fully in compliance with the host community agreement, the
special permit may be suspended or rescinded.
A.
Applicability of other requirements.
(1)
Except as provided below, all solar photovoltaic installations
shall meet the requirements of this chapter, including those concerning
the bulk and height of structures, lot area, open space, parking,
signs, surface water runoff, and building coverage requirements.
(2)
Additional standards. The following additional standards shall
apply to solar photovoltaic installations during site plan reviews
and special permit proceedings:
(a)
Clearing. For large solar photovoltaic installations, clearing
of natural vegetation shall be limited to that necessary for construction,
operation and maintenance. Where steep slopes will be disturbed, suitable
erosion control measures shall be taken.
(b)
Setbacks. Front setback requirements otherwise applicable in
each zone shall apply, but side and rear setback requirements in each
zone shall be 10 feet.
(c)
Lot coverage. For purposes of determining compliance with maximum
lot coverage requirements, ground-mounted solar collectors mounted
above pervious surfaces are not buildings.
(d)
Screening. Within medium and large solar photovoltaic installations,
reasonable efforts shall be made to minimize visual impacts by preserving
natural vegetation, screening abutting properties, or other appropriate
measures. A full perimeter fence shall be required for security purposes,
which shall be opaque where necessary to improve screening. Buildings
and accessory structures should be joined or clustered to minimize
adverse visual impacts.
(e)
Height. Ground-mounted collectors within solar photovoltaic
installations shall not exceed a height of 15 feet.
(f)
Lighting. Lighting of medium and large solar photovoltaic installations,
including appurtenant structures, shall be limited to that required
for safety and operational purposes, and shall be reasonably shielded
from abutting properties. Where feasible, lighting shall be directed
downward and shall employ full cutoff fixtures.
(g)
Signs. Solar photovoltaic installations shall not include any
advertising signs except for one sign, of not more than four square
feet, identifying the operator of the installation. Medium and large
solar photovoltaic installations shall include a small sign at the
perimeter providing a twenty-four-hour emergency contact phone number.
(h)
Site access. Site access shall be sufficient for fire prevention
and control.
(i)
Safety. Roof-mounted solar photovoltaic installations shall
not cause the shedding of ice or snow from the roof into a porch,
stairwell or pedestrian travel area.
(3)
Abandonment and removal.
(a)
Any medium or large solar photovoltaic installation which has
reached the end of its useful life or has been abandoned shall be
decommissioned by the owner or operator within six months. A medium
or large solar photovoltaic installation shall be deemed to have been
discontinued if it has not been in service for a continuous period
of 12 months.
(b)
As a condition of site plan approval or a special permit, the
owner and operator of a medium or large solar photovoltaic installation
shall be required to consent that the Town may enter and decommission
the installation if and when it has been abandoned for more than nine
months, with the costs of decommissioning to be recovered from the
owner, the operator, or the land.
(c)
Decommissioning shall consist of:
[1]
Physical removal of all ground-mounted solar photovoltaic
installations, structures, equipment, security barriers and transmission
lines from the site. The owner or operator may leave undisturbed existing
landscaping and below-grade foundations in order to minimize erosion
and disruption to vegetation.
[2]
Disposal of all solid and hazardous waste in accordance
with law.
[3]
Stabilization or revegetation of the site as necessary
to minimize erosion.
(d)
If the owner or operator fails to remove the installation within
six months of abandonment:
[1]
The owner or operator shall be in violation of this chapter and subject to fines as provided in Article XIII.
[2]
Having obtained a court order to enforce a condition
of approval as mentioned above, the Building Commissioner may enter
the premises and decommission the installation.
[3]
The Town may recover decommissioning costs from
the owner, operator, or land.
