It is the purpose and intent of this article to provide the
designation of the board or agency which shall act on the various
special permits, the general and specific regulations governing special
permits and the procedures by which special permits shall be granted.
[Amended eff. 3-6-1996 by Ord. No. 565]
A.
Special permit granting authority. The Board of Appeals shall act
as the special permit granting authority (hereinafter "SPGA") for
all special permits unless otherwise designated herein or in the Table
of Uses.[1]
[1]
Editor's Note: See the Table of Use Regulations, included
as an attachment to this chapter.
B.
Criteria. Special permits shall be granted by the SPGA, unless otherwise
specified herein, only upon its written determination that the adverse
effects of the proposed use will not outweigh its beneficial impacts
to the City or the neighborhood, in view of the particular characteristics
of the site, and of the proposal in relation to that site. In addition
to any other specific factors that may be set forth in this ordinance,
the determination shall include consideration of each of the following:
(1)
Social, economic or community needs which are served by the proposal;
(2)
Traffic flow and safety, including parking and loading;
(3)
Adequacy of utilities and other public services;
(4)
Neighborhood character and social structures;
(5)
Impacts on the natural environment;
(6)
Potential fiscal impact, including impact on City services, tax base
and employment. Said analysis shall conform with the rules and regulations
of the SPGA; and
(7)
Consistency with the most recent City of Methuen Master Plan.
C.
Procedures and filing requirements. An application for a special
permit shall be filed in accordance with the rules and regulations
of the SPGA, including all required plan and filing requirements,
review criteria and analysis.
D.
Conditions. Special permits may be granted with such reasonable conditions,
safeguards or limitations on time or use, including performance guarantees,
as the SPGA may deem necessary to serve the purposes of this ordinance,
including, but not limited to, the following: front, side or rear
yards greater than the minimum required by this ordinance; screening
buffers or planting strips, fences or walls; modification of the exterior
appearance of the structures; limitation upon the size, number of
occupants, method and time of operation for the duration of permit,
or extent of facilities; regulation of number, location of driveways
or other traffic features; and off-street parking or loading or other
special features beyond minimums required by this ordinance. Such
conditions shall be imposed in writing, and the applicant may be required
to post bond or other security for compliance with said conditions
in an amount satisfactory to the SPGA.
E.
Plans. Plans shall be filed in accordance with the rules and regulations
of the SPGA.
F.
Waivers. Upon written request, the SPGA may grant waivers from the
submission requirements should it find good cause for such waiver.
The SPGA may also request any additional information it may need to
clarify the application.
G.
Fees. The SPGA may adopt reasonable administrative fees and technical
review fees for applications for special permits. Fees for projects
containing publicly assisted low- or moderate-income housing may be
reduced or waived at the discretion of the SPGA.
H.
Regulations. The SPGA may adopt rules and regulations for the administration
of this article.
I.
Lapse. Special permits shall lapse if a substantial use thereof or
construction thereunder has not begun, except for good cause, within
two years following the filing of the special permit approval (plus
such time required to pursue or await the determination of an appeal
referred to in MGL c. 40A, § 17, from the grant thereof)
with the City Clerk. Additionally, if construction or operations have
not begun within six months or if construction is not continuing toward
completion in as continuous or expeditious a manner as is reasonable
during the initial six months, then the construction or operations
shall conform to any amendment to this ordinance.
J.
Applicability to single- and two-family structures. The provisions
of this article should not apply to applications for special permits
to reconstruct, extend, alter or structurally change a nonconforming
single- or two-family structure. The SPGA should establish procedures
governing such applications by regulation.
[Amended eff. 7-6-1993 by Ord. No. 473]
A.
If the Zoning Board of Appeals is acting as the SPGA, the application
shall be filed with the City Clerk, who shall transmit it forthwith
to the Zoning Board of Appeals for action.
B.
If any other agency allowed by the Zoning Act is acting as the SPGA,
the application shall be made to that agency and the applicant shall
also transmit a copy to the City Clerk.
C.
If the rules and regulations adopted by the various SPGAs specify
referral of the special permit application to other boards or agencies
of the City, such boards or agencies may make recommendations to the
SPGA within 35 days after they receive application of petition. Failure
of a board or agency to report within 35 days shall be considered
as no opposition.
D.
No special permit shall be granted until after a duly advertised
public hearing as specified in MGL c. 40A, § 11, provided
the public hearing is held within 65 days of the date of application.
E.
Special permits shall be decisions shall be made and issued in accordance
with the procedures set forth in MGL c. 40A, § 9.
F.
Upon granting or denying a special permit the SPGA shall forthwith:
(1)
File a copy of the decision with the Community Development Board
and City Clerk;
(2)
Mail a certified copy of its decision to the owner, and applicant
if other than the owner;
(3)
Send a notice of the decision to the parties of interest and to persons
who requested a notice at the public hearing;
(4)
Within 14 days, file copies of the detailed record of its proceedings
with the Office of the City Clerk; and
G.
A special permit shall not take effect until:
(1)
The City Clerk certifies on a copy of the decision that 20 days have
elapsed without filing of an appeal or that any appeal filed has been
dismissed or denied.
(2)
The certified decision has been recorded at the owner's expense in
the applicable Registry of Deeds, indexed in the grantor index under
the name of the record owner, and noted on the owner's certificate
of title. If registered property is involved, the decision shall also
be filed with the Recorder of the Land Court. If a special permit
has been approved by failure of the SPGA to act within the required
time periods, a copy of the special permit application, along with
the certification of the City Clerk of the constructive grant, must
be recorded in the Registry of Deeds. No special permit takes effect
until it has been so recorded. Refer to MGL c. 40A, § 11.
H.
Site plan requirements. All site plans shall be prepared in accordance
with the rules and regulations of the SPGA unless otherwise required
herein.
In the instance where the SPGA believes that the magnitude of
the proposed use or structure is such as to require special expertise,
the SPGA may retain an outside individual or firm to aid it in ensuring
the development's compliance with the Zoning Ordinance of the City
and analyzing the impact of the development on 1) the health, safety
and welfare of the public, 2) traffic congestion and pedestrian safety,
3) the public water, sewer and drainage systems, 4) municipal services,
and 5) the integrity and character of the zoning district or adjoining
zoning districts. The cost of such review shall be borne in full by
the applicant seeking the permit.
A.
Purposes:
B.
Applicability. An application for a planned unit development special
permit shall be allowed in the MA, MB, CBD, and BL Zoning Districts.
C.
Procedural requirements.
(1)
Application. Applicants for a special permit for a planned unit development
shall submit to the Community Development Board in accordance with
the rules and regulations of the Board.
(2)
If the application for a special permit involves land with more than
one ownership, each owner of the land included in the plan shall be
a party to the application and, upon approval, subject to its provisions.
An applicant for a special permit under this section, who has deeded
to the City, in conjunction with a development project, abutting land
for public purpose, may include said abutting land area in determining
compliance with requirements for planned unit development as herein
set forth, as if said abutting land was legally held in common ownership
by the applicant, and incorporated within the project submission,
as open space.
(3)
Procedures and considerations. The procedures for obtaining a special permit for a planned unit development are specified in § 11.3. In order to grant a special permit for a planned unit development, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled, the specific requirements of Subsection D of this section have been fulfilled and the supply of convenience commercial establishments in the immediate area is not adequate to service the proposed development.
D.
Requirements. A planned unit development shall conform to the following
requirements:
(1)
Minimum tract size. The development shall contain a minimum of 10
acres of land.
(2)
Allowable density. The development shall comply with the maximum
density requirements for the zoning district in which the development
will be located.
(a)
The maximum gross density of dwelling units (du) per gross acre of
land for the applicable zoning district shall be as follows:
|
District
|
Maximum Gross Density of Dwelling Units
|
|---|---|
|
MA
|
2 du
|
|
MB
|
4 du
|
|
CBD
|
8 du
|
|
BL
|
4 du
|
(b)
A density bonus may be approved by the Community Development Board
in accordance with § 11.11 hereof.
(3)
Allowable uses:
(a)
Detached, attached and multifamily dwelling units and up to
three convenience commercial establishments per 100 dwelling units
shall be allowed.
(b)
Convenience commercial establishments include but are not limited
to such uses as a grocery store, drugstore, barber and/or beauty shops,
self-service laundromat, etc. The Community Development Board may,
for the health, safety and welfare of the public, limit the number
of convenience commercial establishments to less than three convenience
commercial establishments per 100 dwelling units. In any case, there
shall be no more than six convenience commercial establishments per
planned unit development.
(4)
Dimensional and other requirements.
(a)
The minimum dimensional controls for the zoning district in
which the development will be located shall be met for each dwelling-type
building being proposed for development as specified in the Table
of Dimensional Regulations of § 6.4 unless stated otherwise
in this section.[1] In addition to these minimum requirements, the attached
and multifamily dwelling units shall comply with the requirements
specified in § 11.6D(4).
[1]
Editor's Note: See the Table of Dimensional Regulations included
as an attachment to this chapter.
(b)
The convenience commercial establishments shall be grouped together
unless waived by the Community Development Board.
(c)
The parking and loading requirements for the convenience commercial space shall be at least the minimums set forth in Article VIII for the type of use. The signage for the convenience commercial area shall comply with the signage requirements for a BN Zoning District as set forth in § 7.7.
(5)
Open space requirements.
(a)
The planned unit development shall contain a minimum of 30%
of the gross area of the development as permanent open space land.
"Open space land" shall be defined as all land within a development
not designated for buildings, structures, parking, loading, roadway
or driveway areas or privately owned lots, but may contain active
or passive recreation areas, including incidental paving related thereto,
e.g., tennis courts, swimming pools, etc.
(b)
A minimum of 40% of the open space land shall be usable open
space land. "Usable open space land" shall be defined as open space
land that has a shape, slope, location and condition that is usable
and suitable as a place for active and/or passive recreation uses
in the opinion of the Community Development Board. Usable open space
land shall contain no wetlands as defined by the Wetland Protection
Act, MGL c. 131, § 40, and DEP regulations made thereunder;
and the Wetland Protection Ordinance, Chapter 12, Methuen Municipal
Code. A minimum of 25% of the usable open space land shall have a
grade not exceeding 6% and shall include at least one area that meets
or exceeds the dimensions of 100 feet by 150 feet.
(c)
The open space land included in a planned unit development shall
be set aside as common land covenanted to be maintained as permanent
common land in private, cooperative and/or public ownership.
(d)
The open space land shall be owned and maintained by the applicant
until such time as it is conveyed to one or more of the following
entities: the City of Methuen, subject to City Council approval; a
public conservation commission or a nonprofit organization, the principal
purpose of which is the conservation of open space; a corporation,
trust or association owned or to be owned by the owners of lots or
residential units within the development; or some other legal entity
as may be approved by the Community Development Board. The applicant
shall specify the method of ownership in which the open space land
will be held as part of the application for a special permit.
(e)
If a corporation, trust or association method of ownership of
open space land is to be used, the articles of the corporation, trust
or association shall be submitted to the Community Development Board
prior to final approval of the special permit and shall specify that
ownership thereof shall pass with the conveyances of the lots or residential
units. In any case where such open space land is not conveyed to the
City, a restriction enforceable by the City of Methuen shall be recorded
providing that such land shall be kept in an open or natural state
and not be built upon or developed for accessory uses as parking or
roadway. All such open space land shall be restricted by deed from
all future building. The Community Development Board shall approve
said deed.
(f)
Any open space land to be deeded to the City shall contain at
least 100 feet of frontage along a public way.
B.
Applicability. An application for multifamily and/or attached dwellings
development special permit shall be allowed in the MA, MB, CBD and
BL Zoning Districts.
C.
Procedural requirements.
(1)
Application. Applicants for a special permit for a multifamily and/or
attached dwellings development shall submit to the Community Development
Board in accordance with the rules and regulations of the Board.
(2)
Procedures and considerations. The procedures for obtaining a special permit for a multifamily and/or attached dwelling development are specified in § 11.3. In order to grant a special permit for a multifamily and/or attached dwelling development, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled and the specific requirements of Subsection D of this section have been fulfilled.
D.
Requirements. A multifamily and/or attached dwellings development
shall conform with the following requirements:
(2)
Allowable density. The development shall comply with the maximum
density requirements for the zoning district in which the development
will be located.
(a)
The maximum gross density of dwelling units (du) per gross acre of
land for the applicable zoning district shall be as follows:
|
District
|
Maximum Gross Density of Dwelling Units
|
|---|---|
|
MA
|
2 du
|
|
MB
|
4 du
|
|
CBD
|
8 du
|
|
BL
|
4 du
|
(b)
A density bonus may be approved by the Community Development Board
in accordance with § 11.11 hereof.
(4)
Dimensional and other requirements. The minimum dimensional controls
for the zoning district in which the development will be located shall
be met for each dwelling-type building being proposed for development
as specified in the Table of Dimensional Regulations of § 6.4
hereof.[1] In addition to these minimum requirements, the detached,
attached and multifamily dwelling units shall comply with the following
specific requirements:
(a)
The development shall be subject, if applicable, to approval
under the Methuen Subdivision Control Regulations.
(b)
The proposed development shall be served by both public water
and sewerage systems.
(c)
Multifamily buildings. The minimum distance between multifamily
dwelling buildings and/or attached dwelling buildings on the same
lot, or between two facing walls forming a court, which contain dwelling
units and which are not joined by a party wall shall be 40 feet.
(d)
Attached buildings. The minimum distance between attached dwelling
buildings and/or multifamily dwelling buildings on the same lot shall
be 40 feet. Each attached dwelling shall be a minimum of 20 feet wide,
measured between party walls. Inner courts shall not be permitted
in attached dwelling buildings. The maximum number of attached dwelling
units per building shall be nine.
(e)
Detached buildings. The minimum distance between a detached
dwelling building to another detached dwelling building shall be 20
feet. The minimum distance between detached dwelling buildings and
a multifamily or attached dwelling building shall be 40 feet.
(f)
The Community Development Board may require a buffer screen of up to 10 feet in width and six feet in height to be installed and/or maintained around the perimeter of the development by the owner of the development. (See Article II for definition of "buffer screen.")
(g)
No open parking or driveway shall be closer than 12 feet to
a wall containing windows to habitable rooms of a dwelling unit which
is on the ground floor or basement floor.
(h)
All roadways, drainage facilities, water lines, sewer lines,
utilities, grading and other site improvements shall be built in accordance
with the subdivision control standards of Methuen unless waived by
the Community Development Board. All roadways directly entering and
serving multifamily and attached dwelling developments shall be private
ways and privately maintained.
(j)
The applicant shall install street identification signs as approved
by the Department of Public Works on all rights-of-way and drives
within the development. Said signs shall be in place upon completion
of binder paving of each respective drive.
(k)
The developer shall install streetlighting of a type approved
by the Department of Public Works on all rights-of-way and drives
within the development. The lighting shall be in place and in operation
prior to the issuance of any occupancy permits.
(l)
The Community Development Board shall require that the construction
of ways, water lines, sewer lines, streetlights and other public utilities
and their appurtenant features be secured in part by one of the methods
described in MGL c. 41, § 81U, clauses 1, 2, 3 and 4.
[1]
Editor's Note: See the Table of Dimensional Regulations included
as an attachment to this chapter.
(5)
Open space requirements.
(a)
The multifamily and attached dwellings development shall contain
a minimum of 30% of the gross area of the development as permanent
open space land. "Open space land" shall be defined as all land within
a development not designated for buildings, structures, parking, loading,
roadway or driveway areas of privately owned lots, but may contain
active or passive recreation areas, including incidental paving related
thereto, e.g., tennis courts, swimming pools, etc.
(b)
A minimum of 40% of the open space land shall be usable open
space land. Usable open space land shall be defined as open space
land that has a shape, slope, location, and condition that is usable
and suitable as a place for active and/or passive recreation uses
in the opinion of the Community Development Board. Usable open space
land shall contain no wetlands as defined by the Wetland Protection
Act, MGL c. 131, § 40, and DEP regulations made thereunder;
and the Wetland Protection Ordinance, Chapter 12, Methuen Municipal
Code. A minimum of 25% of the usable open space land shall have a
grade not exceeding 6%. All multifamily and attached dwelling developments
of 10 acres or more shall include at least one area that meets or
exceeds the dimensions of 100 feet by 150 feet.
(c)
The open space land included in a multifamily and attached dwellings
development shall be set aside as common land covenanted to be maintained
as permanent common land in private, cooperative and/or public ownership.
(d)
The open space land shall be owned and maintained by the applicant
until such time as it is conveyed to one or more of the following
entities: the City of Methuen, subject to City Council approval; a
public conservation commission or a nonprofit organization, the principal
purpose of which is the conservation of open space; a corporation,
trust or association owned or to be owned by the owners of lots or
residential units within the development; or some other legal entity
as may be approved by the Community Development Board. The applicant
shall specify the method of ownership in which the open space land
will be held as part of the application for a special permit.
(e)
If a corporation, trust or association method of ownership of
open space land is to be used, the articles of the corporation, trust
or association shall be submitted to the Community Development Board
prior to final approval of the special permit and shall specify that
ownership thereof shall pass with the conveyances of the lots or residential
units. In any case where such open space land is not conveyed to the
City, a restriction enforceable by the City of Methuen shall be recorded
providing that such land shall be kept in an open or natural state
and not be built upon or developed for accessory uses as parking or
roadway. All such open space land shall be restricted by deed from
all future building. Said deed shall be approved by the Community
Development Board.
(f)
Any open space land to be deeded to the City shall contain at
least 100 feet of frontage along a public way.
A.
Purposes: to protect the health, safety, convenience and welfare
of the public by ensuring the adequate design and construction of
ways.
B.
Applicability. An application for an unimproved way special permit
shall be required for any person(s) desiring to construct, extend,
widen or relocate a way that has been determined to be an unimproved
way by the Community Development Board. Said special permit shall
only apply to previously established lots. An "unimproved way" shall
mean a way appearing on a pre-subdivision control plan, which has
not been accepted as a public or private way by the City nor is a
way shown on a plan subject to the Subdivision Control Law.
C.
Procedural requirements.
(1)
Application. Applicants for a special permit for an unimproved way shall submit to the Community Development Board and shall be in conformance with the rules and regulations of the Community Development Board for special permit filings as well as described in Subsection D below.
(2)
Procedure and considerations. The procedures for obtaining a special permit for an Unimproved Way are specified in § 11.3. In order to grant a special permit for an unimproved way, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled and the specific requirements of Subsection D have been fulfilled.
D.
Requirements.
(1)
The
construction, extension, alteration, widening or relocation of a way
shall conform with the following requirements:
(a)
Site plan. A site plan shall be drawn at a scale of one inch
equals 40 feet and shall be stamped by a Massachusetts licensed professional
engineer. Said site plan shall meet all applicable requirements of
the Methuen Subdivision Control Regulations relative to the construction
of roadways and sewer, water and drainage facilities. Said site plan
shall include a typical roadway section as shown in the Methuen Subdivision
Control Regulations.
(b)
All unimproved ways shall be upgraded to the standards as specified
in the Methuen Subdivision Control Regulations along the entire length
of the applicant's lot which fronts on an existing unimproved way.
(c)
No new subdivision lots shall be shown on the site plan.
(d)
Prior to the start of construction, a bond agreement including
a deposit shall be executed between the Community Development Board
and the applicant(s).
(e)
The Community Development Board shall retain the right to require
the applicant(s) to file a definitive subdivision plan whenever the
site plan shows a subdivision pursuant to Chapter 41 of the Massachusetts
General Laws.
B.
Applicability. Mixed use shall be allowed by right in the CBD Zone
so long as the minimum dimensional requirements set forth in the following
table are met. Otherwise, mixed use shall be allowed by special permit
in the CBD Zone. In addition, mixed use shall be allowed by special
permit as set forth herein in the BN, BH and BL Zoning Districts.
C.
Procedural requirements.
(1)
Application. Applicants for a mixed-use development special permit
shall submit to the Community Development Board in accordance with
the rules and regulations of the Community Development Board for special
permit filings. If the application for a special permit involves land
with more than one ownership, each owner of the land included in the
plan shall be party to the application and, upon approval, subject
to its provisions.
(2)
Procedures and considerations. The procedures for obtaining a mixed-use development special permit are specified in § 11.3. In order to grant a special permit for a mixed-use development, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled, the specific requirements of Subsection D of this section have been fulfilled and the proposed uses of the building or property will not impact the health, safety or welfare of the abutters to the property or the users of the building and property.
D.
Requirements. A mixed-use development shall comply with the following
requirements:
(1)
Allowable density. The residential portion of the development shall
comply with the maximum density requirements for the zoning district
in which the development will be located.
(a)
The maximum gross density of dwelling units (du) per gross acre of
land for the applicable zoning district shall be as follows:
|
District
|
Maximum Gross Density of Dwelling Units
|
|---|---|
|
CBD
|
8 du
|
|
BL
|
4 du
|
|
BH
|
Per Dimensional Table[1]
|
[1]
Editor's Note: See the Table of Dimensional Regulations included
as an attachment to this chapter.
(b)
A density bonus may be approved by the Community Development Board
in accordance with § 11.11 hereof.
(2)
Allowable uses. All residential, retail, service and office uses
as described in § 5.4 shall be allowed in a mixed-use development.[2] In cases where a use is allowed only by a special permit
and the use is being sought under a mixed-use development, then the
Community Development Board shall as part of the mixed-use development
special permit serve as the SPGA for the use.
[2]
Editor's Note: See the Table of Use Regulations included as
an attachment to this chapter.
(3)
Dimensional and other requirements.
(a)
The minimum dimensional controls for the zoning district in
which the development will be located shall be as follows:
|
CBD (1)
|
BL, BN and BH
| |
|---|---|---|
|
Minimum lot area (square feet)
|
20,000
|
Per Dimensional Table[3]
|
|
Minimum frontage
|
80
| |
|
Minimum lot width
|
80
| |
|
Minimum yard setbacks:
| ||
|
Front
|
10
| |
|
Side
|
10
| |
|
Rear
|
10
| |
|
Maximum number of stories
|
3
| |
|
Maximum height
|
35
| |
|
Maximum building coverage
|
50%
| |
|
Minimum usable open space
|
0%
|
|
(1) These are by-right dimensional requirements for the CBD
Zoning District; otherwise, a mixed use in the CBD requires a special
permit.
|
[3]
Editor's Note: See the Table of Dimensional Regulations included
as an attachment to this chapter.
(c)
The Community Development Board shall have the right to require
additional dimensional, parking, loading, signage and landscaping
requirements as well as reasonable on-site and off-site infrastructure
improvements as a condition for granting a mixed-use development special
permit.
A.
Purpose. The purpose of this section is to provide by special permit
for the construction and operation of wind energy conversion facilities
and to provide standards for the placement, design, construction,
monitoring, modification and removal of wind energy conversion facilities
that address public safety, minimize impacts on scenic, natural and
historic resources of the City and provide adequate financial assurance
for decommissioning.
B.
Applicability.
(1)
This section applies to all utility-scale and on-site wind energy
conversion facilities proposed to be constructed after the effective
date of this section. All wind energy conversion facilities shall
be used as an accessory use and not a primary use on a site. There
shall be no utility-scale wind energy conversion facilities.
(2)
Any physical modifications to existing wind energy conversion facilities
that materially alter the type or increase the size of such facilities
or other equipment shall require a special permit.
C.
HEIGHT
ON-SITE WIND FACILITY
RATED NAMEPLATE CAPACITY
SPECIAL PERMIT GRANTING AUTHORITY
SUBSTANTIAL EVIDENCE
UTILITY-SCALE WIND FACILITY
WIND ENERGY CONVERSION FACILITY
WIND-MONITORING OR METEOROLOGICAL TOWER
WIND TURBINE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The height of a wind turbine measured from natural grade
to the tip of the rotor blade at its highest point, or blade-tip height.
A wind project which is located at a commercial, industrial,
agricultural, institutional, public or residential facility that will
consume more than 50% of the electricity generated by the project
on-site.
The maximum rated output of electric power production equipment.
This output is typically specified by the manufacturer with a "nameplate"
on the equipment.
The special permit granting authority shall be the Community
Development Board.
Such evidence as a reasonable mind might accept as adequate
to support a conclusion.
A commercial wind facility, where the primary use of the
facility is electrical generation to be sold to the wholesale electricity
markets.
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, service and access roads and one or more
wind turbines.
A temporary tower equipped with devices to measure wind speeds
and direction, used to determine how much wind power a site can be
expected to generate.
A device that converts kinetic wind energy into rotational
energy that drives an electrical generator. A wind turbine typically
consists of a tower, nacelle body and a rotor with two or more blades.
D.
General requirements.
(1)
Special permit granting authority.
(a)
No wind facility shall be erected, constructed, installed or
modified as provided in this section without first obtaining a permit
from the SPGA. The construction of a wind facility shall be permitted
only in those zoning districts as set forth on the Table of Uses,[1] subject to the issuance of a special permit and provided that the use complies with all requirements set forth in the following Subsection D(2), (3), (4), (5) and (6). All such wind energy facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety and environmental impacts. No special permit shall be granted unless, in addition to the general special permit criteria set forth in § 11.2B, the SPGA finds in writing that:
[1]
The specific site is an appropriate location for such use;
[2]
The use is not expected to adversely affect the neighborhood;
[3]
There is not expected to be any serious hazard to pedestrians
or vehicles from the use;
[4]
No nuisance is expected to be created by the use; and
[5]
Adequate and appropriate facilities will be provided for the
proper operation of the use.
[1]
Editor's Note: See the Table of Use Regulations included as
an attachment to this chapter.
(b)
Such permits may also impose reasonable conditions, safeguards
and limitations on time and use and may require the applicant to implement
all reasonable measures to mitigate unforeseen adverse impacts of
the wind facility, should they occur. Wind monitoring or meteorological
towers shall be permitted temporarily in all zoning districts subject
to issuance of a building permit for a temporary structure and subject
to reasonable regulations concerning the bulk and height of structures
and determining yard size, lot area, setbacks, open space, parking
and building coverage requirements.
(2)
Compliance with laws, ordinances and regulations. The construction
and operation of all such proposed wind energy conversion facilities
shall be consistent with all applicable local, state and federal requirements,
including but not limited to all applicable safety, construction,
environmental, electrical, communications and aviation requirements.
(3)
Proof of liability insurance. The applicant shall be required to
provide evidence of liability insurance in an amount and for duration
sufficient to cover loss or damage to persons and structures occasioned
by the failure of the facility, including without limitation coverage
for adjacent properties. Additionally, in residential areas, the applicant
shall be required to obtain an easement from all parcels within the
fall area.
(4)
Site control. At the time of its application for a special permit,
the applicant shall submit documentation of actual or prospective
control of the project site sufficient to allow for installation and
use of the proposed facility. Documentation shall also include proof
of control over setback areas and access roads, if required. "Control"
shall mean the legal authority to prevent the use or construction
of any structure for human habitation within the setback areas.
E.
General siting standards.
(1)
Height. Wind energy conversion facilities shall be no higher than
400 feet above the current grade of the land, provided that wind energy
conversion facilities may exceed 400 feet if:
(a)
The applicant demonstrates by substantial evidence that such
height reflects industry standards for a similarly sited wind facility;
(b)
Such excess height is necessary to prevent financial hardship
to the applicant, and
(c)
The facility satisfies all other criteria for the granting of
a special permit under the provisions of this section.
(2)
Setbacks.
(a)
Each wind energy conversion facility and its associated equipment
shall comply with the minimum setback provisions of the zoning district
in which the facility is located; and
(b)
The minimum distance from the base of any wind turbine tower
to the nearest building on the lot, or on contiguous commonly owned
lots, shall be 50 feet; the minimum distance from a public or private
way shall be 100 feet; and the minimum distance from property lines
shared with abutting properties shall be 150 feet; and in no case
shall be less than the length of an individual rotor blade measured
from the hub of the wind turbine, whichever is greater.
(c)
The special permit granting authority may reduce the minimum
setback distance as appropriate based on site-specific considerations,
if the project satisfies all other criteria for the granting of a
special permit under the provisions of this section ("setback waiver").
In any event, the distance from the nearest property line shall not
be less than the length of the rotor blade measure from the hub.
F.
Design standards.
(1)
Color and finish. The special permit granting authority shall have
discretion over the turbine color, although a neutral, nonreflective
exterior color designed to blend with the surrounding environment
is encouraged.
(2)
Lighting and signage.
(a)
Lighting. Wind turbines shall be lighted only if required by
the Federal Aviation Administration. Lighting of other parts of the
wind facility, such as appurtenant structures, shall be limited to
that required for safety and operational purposes, and shall be reasonably
shielded from abutting properties.
(b)
Signage. Signs on the wind facility shall comply with the requirements
of the town's sign regulations, and shall be limited to:
(c)
Advertising. Wind turbines shall not be used for displaying
any advertising except for reasonable identification of the manufacturer
or operator of the wind energy facility.
(d)
Utility connections. Reasonable efforts shall be made to locate
utility connections from the wind facility underground, depending
on appropriate soil conditions, shape and topography of the site and
any requirements of the utility provider. Electrical transformers
for utility interconnections may be above ground if required by the
utility provider.
(e)
Appurtenant structures. All appurtenant structures to such wind
energy conversion facilities shall be subject to reasonable regulations
concerning the bulk and height of structures and determining yard
sizes, lot area, setbacks, open space, parking and building coverage
requirements. All such appurtenant structures, including, but not
limited to, equipment shelters, storage facilities, transformers and
substations, shall be architecturally compatible with each other and
shall be contained within the turbine tower whenever technically and
economically feasible. Structures shall only be used for housing of
equipment for this particular site. Whenever reasonable, structures
should be shaded from view by vegetation and/or located in an underground
vault and joined or clustered to avoid adverse visual impacts.
(f)
Support towers. Only monopole tower style wind energy conversion
facilities shall be allowed.
G.
Safety, aesthetic and environmental standards.
(1)
Emergency services and unauthorized access.
(a)
The applicant shall provide a copy of the project summary and
site plan to the local emergency services entity, as designated by
the special permit granting authority. Upon request, the applicant
shall cooperate with local emergency services in developing an emergency
response plan.
(b)
Wind turbines or other structures part of a wind facility shall
be designed to prevent unauthorized access.
(2)
Shadow/Flicker. Wind energy conversion facilities shall be sited
in a manner that minimizes shadowing or flicker impacts. The applicant
has the burden of proving that this effect does not have significant
adverse impact on neighboring or adjacent uses through either siting
or mitigation.
(3)
Noise.
(a)
The wind facility and associated equipment shall conform with
the provisions of the Department of Environmental Protection's Division
of Air Quality Noise Regulations (310 CMR 7.10), unless the Department
and the special permit granting authority agree that those provisions
shall not be applicable. A source of sound will be considered to be
violating these regulations if the source:
(b)
These criteria are measured both at the property line and at
the nearest inhabited residence. "Ambient" is defined as the background
A-weighted sound level that is exceeded 90% of the time measured during
equipment hours. The ambient may also be established by other means
with consent from DEP. An analysis prepared by a qualified engineer
shall be presented to demonstrate compliance with these noise standards.
The special permit granting authority, in consultation with the Department,
shall determine whether such violations shall be measured at the property
line or at the nearest inhabited residence.
(4)
Land clearing, soil erosion and habitat impacts. Clearing of natural
vegetation shall be limited to that which is necessary for the construction,
operation and maintenance of the wind facility and is otherwise prescribed
by applicable laws, regulations and ordinances.
H.
Monitoring and maintenance.
(1)
Facility conditions. The applicant shall maintain the wind facility
in good condition. Maintenance shall include, but not be limited to,
painting, structural repairs and integrity of security measures. Site
access shall be maintained to a level acceptable to the local Fire
Chief and Emergency Medical Services. The project owner shall be responsible
for the cost of maintaining the wind facility and any access road,
unless accepted as a public way, and the cost of repairing any damage
occurring as a result of operation and construction.
(2)
Modifications. All material modifications to a wind facility made
after issuance of the special permit shall require approval by the
SPGA as provided in this section.
I.
Abandonment and decommissioning.
(1)
Removal requirements. Any wind facility which has reached the end
of its useful life or has been abandoned shall be removed. When the
wind facility is scheduled to be decommissioned, the applicant shall
notify the town by certified mail of the proposed date of discontinued
operations and plans for removal. The owner/operator shall physically
remove the wind facility no more than 150 days after the date of discontinued
operations. At the time of removal, the wind facility site shall be
restored to the state it was in before the facility was constructed
or any other legally authorized use. More specifically, decommissioning
shall consist of:
(a)
Physical removal of all wind turbines, structures, equipment,
security barriers and transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with
local and state waste disposal regulations.
(c)
Stabilization or revegetation of the site as necessary to minimize
erosion. The special permit granting authority may allow the owner
to leave landscaping or designated below-grade foundations in order
to minimize erosion and disruption to vegetation.
(2)
Abandonment. Absent notice of a proposed date of decommissioning,
the facility shall be considered abandoned when the facility fails
to operate for more than one year without the written consent of the
special permit granting authority. The special permit granting authority
shall determine in its decision what proportion of the facility is
inoperable for the facility to be considered abandoned. If the applicant
fails to remove the wind facility in accordance with the requirements
of this section within 150 days of abandonment or the proposed date
of decommissioning, the town shall have the authority to enter the
property and physically remove the facility.
(3)
Financial surety. The special permit granting authority may require
the applicant for utility-scale wind energy conversion facilities
to provide a form of surety, either through escrow account, bond or
otherwise, to cover the cost of removal in the event the City must
remove the facility, of an amount and form determined to be reasonable
by the special permit granting authority, but in no event to exceed
more than 125% of the cost of removal and compliance with the additional
requirements set forth herein, as determined by the applicant. Such
surety will not be required for municipally or state-owned facilities.
The applicant shall submit a fully inclusive estimate of the costs
associated with removal, prepared by a qualified engineer. The amount
shall include a mechanism for cost-of-living adjustment.
J.
Term of special permit.
(1)
A special permit issued for a wind facility shall be valid for 25
years, unless extended or renewed. The time period may be extended
or the permit renewed by the special permit granting authority upon
satisfactory operation of the facility. Request for renewal must be
submitted at least 180 days prior to expiration of the special permit.
Submitting a renewal request shall allow for continued operation of
the facility until the special permit granting authority acts. At
the end of that period (including extensions and renewals), the wind
facility shall be removed as required by this section.
(2)
The applicant or facility owner shall maintain a phone number and
identify a responsible person for the public to contact with inquiries
and complaints throughout the life of the project.
K.
Application process and requirements.
(1)
Application procedures.
(2)
Required documents.
(a)
General. The applicant shall file the application in accordance
with the rules and regulations of the special permit granting authority.
All plans and maps shall be prepared, stamped and signed by a professional
engineer licensed to practice in Massachusetts. Included in the application
shall be:
[1]
Name, address, phone number and signature of the applicant,
as well as all co-applicants or property owners, if any.
[2]
The name, contact information and signature of any agents representing
the applicant.
[3]
Documentation of the legal right to use the wind facility site, including the requirements set forth in Subsection K(3)(b)[1] of this section.
(3)
Siting and design. The applicant shall provide the SPGA with a description
of the property which shall include:
(a)
Location map. Copy of a portion of the most recent USGS Quadrangle
Map, at a scale of 1:25,000, showing the proposed facility site, including
turbine sites, and the area within at least two miles from the facility.
Zoning district designation for the subject parcel should be included;
however, a copy of a Zoning Map with the parcel identified is suitable.
(b)
Site plan. A one inch equals 200 feet plan of the proposed wind
facility site, with contour intervals of no more than 10 feet, showing
the following:
[1]
Property lines for the site parcel and adjacent parcels within
300 feet.
[2]
Outline of all existing buildings, including purpose (e.g.,
residence, garage, etc.), on site parcel and all adjacent parcels
within 500 feet. Include distances from the wind facility to each
building shown.
[3]
Location of all roads, public and private, on the site parcel
and adjacent parcels within 300 feet, and proposed roads or driveways,
either temporary or permanent.
[4]
Existing areas of tree cover, including average height of trees,
on the site parcel and adjacent parcels within 300 feet.
[5]
Proposed location and design of wind facility, including all
turbines, ground equipment, appurtenant structures, transmission infrastructure,
access, fencing, exterior lighting, etc.
(c)
Visualizations. The SPGA shall select between three and six
sight lines, including from the nearest building with a view of the
wind facility, for pre- and post-construction view representations.
Sites for the view representations shall be selected from populated
areas or public ways within a two-mile radius of the wind facility.
View representations shall have the following characteristics:
[1]
View representations shall be in color and shall include actual
pre-construction photographs and accurate post-construction simulations
of the height and breadth of the wind facility (e.g., superimpositions
of the wind facility onto photographs of existing views).
[2]
All view representations will include existing, or proposed,
buildings or tree coverage.
[3]
Include description of the technical procedures followed in
producing the visualization (distances, angles, lens, etc.).
(d)
Elevations. Siting elevations or views at grade from the north,
south, east and west for a fifty-foot radius around the proposed wind
energy conversion facility. Elevations shall be at one-quarter-inch
equals one foot horizontal scale and one-eighths-inch equals one foot
vertical scale and show the following:
[1]
Wind energy conversion facility and, if applicable, security
barrier and associated equipment, with total elevation dimensions
of all parts of facilities.
[2]
Security barrier. If the security barrier will block views of
the wind energy conversion facility, the barrier drawing shall be
cut away to show the view behind the barrier.
[3]
Any and all structures on the subject property.
[4]
Existing trees at current height and proposed trees at proposed
height at time of installation, with approximate elevation dimensions.
[5]
Grade changes, or cuts and fills, to be shown as original grade
and new grade line, with two-foot contours above mean sea level.
(e)
Landscape plan. A plan indicating all proposed changes to the
landscape of the site, including temporary or permanent roads or driveways,
grading, vegetation clearing and planting, exterior lighting, other
than FAA lights, screening vegetation or structures. Lighting shall
be designed to minimize glare on abutting properties and, except as
required by the FAA, be directed downward with full-cut-off fixtures
to reduce light pollution.
(f)
Operation and maintenance plan. The applicant shall submit a
plan for maintenance of access roads and stormwater controls, as well
as general procedures for operational maintenance of the wind facility.
(g)
Compliance documents. If required under previous sections of
this section, the applicant will provide with the application:
[3]
Certification of height approval from the FAA;
(h)
Balloon or crane test. Within 30 days of submission of an application
for special permit, the applicant shall arrange for a balloon or crane
test at the proposed site, or alternate means approved by the SPGA,
to illustrate the height of the proposed facility. The date, time
(an alternate time and date if needed due to weather) and location
of such test shall be advertised in a newspaper of general circulation
at least 14 days but not more than 21 days prior to the test. The
applicant shall bear the expense of the advertisement. In addition,
notice of said test shall be provided to the City, abutters and abutters
to abutters within 300 feet as certified by the Assessor's Office,
with proof of notification.
(i)
Independent consultants. Upon submission of an application for
a special permit, the special permit granting authority will be authorized
to hire outside consultants, pursuant to MGL c. 44, § 53G.
(j)
Use by telecommunications carriers. Wind energy conversion facilities
may be used to locate telecommunications antennas; such use shall
be subject to applicable regulations governing such uses, and subject
to the provisions of the ordinance governing personal wireless service
facilities.
[Added eff. 3-6-1996 by Ord. No. 565]
B.
Applicability. An application for an adult entertainment facility special permit shall be allowed in the BH and IL Zoning Districts. An adult entertainment facility special permit shall be required for adult bookstores, adult entertainment establishments and adult motion-picture theaters as defined in Article II herein.
C.
Procedural requirements.
(1)
Application. Applicants for an adult entertainment facility
special permit shall submit to the Community Development Board an
original and 11 copies of an application and a site plan (12 copies)
as described in § 11.3. If the application for a special
permit involves land with more than one ownership, each owner of the
land included in the plan shall be a party to the application and,
upon approval, subject to its provisions.
(2)
Procedures and considerations. The procedures for obtaining an adult entertainment facility special permit are specified in § 11.3. In order to grant an adult entertainment facility special permit, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled and that the specific requirements of Subsection D of this section have been fulfilled.
D.
Requirements.
(1)
There shall be no more than one adult bookstore permit granted
per 20,000 residents of the municipality, nor more than one adult
motion-picture permit granted per 30,000 residents of the municipality,
nor more than one adult entertainment establishment special permit
granted per 30,000 residents of the municipality. The per-capita number
of residents shall be established as listed in the latest census data.
(2)
No adult bookstore, adult motion-picture theater or adult entertainment
establishment shall be allowed to display for advertisement or other
purpose any signs, placards or other like materials to the general
public on the exterior of the building or on the interior where the
same may be seen through glass or other like transparent material
any sexually explicit figures or words as defined in MGL c. 272, § 31.
(3)
No special permit shall be granted for an adult bookstore, adult
motion-picture theater or adult entertainment establishment in an
area otherwise properly zoned if the specific location is within one-quarter
mile of the following zoning districts: RR, RA, RB, RC, RD, RG, MA
and MB.
(4)
No adult bookstore, adult motion-picture theater or adult entertainment
establishment special permit shall be granted if such proposed location
is within one-quarter mile of another presently existing or permitted
adult bookstore, adult motion-picture theater or adult entertainment
establishment.
(5)
No special permit for an adult motion-picture theater shall be granted unless the applicant establishes and maintains a buffer screen (as defined in Article II herein). Said buffer screen shall be designed in such a fashion as to preclude motorists and pedestrians on a public or private way from observing the screen on which such movies are shown.
(6)
No adult bookstore, adult motion-picture theater or adult entertainment
establishment special permit shall be granted if such proposed location
is within one-half mile of an establishment licensed under Chapter
138 of the Massachusetts General Laws.
[Amended eff. 7-29-2006 by Ord. No. 803]
A.
Purpose: to encourage the inclusion of affordable housing in all
new multifamily, attached dwelling, planned unit and mixed-use developments.
B.
AFFORDABLE HOUSING
ELIGIBLE HOUSEHOLD
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Housing that is affordable to and occupied by eligible households.
Affordable housing units created through the affordable housing density
bonus special permit approval meeting the standards set out in 760
CMR 45.03 shall be included on the Subsidized Housing Inventory, subject
to the approval of the Massachusetts Department of Housing and Community
Development (DHCD).
A household with combined incomes that do not exceed 80%
of the median income for the Lawrence-NH Statistical Metropolitan
Statistical Area (SMSA), with adjustments for household size, as reported
by the most recent information from the United States Department of
Housing and Urban Development (HUD), or successor, and/or the Massachusetts
Department of Housing and Community Development (DHCD), or successor.
C.
Applicability. An application for an affordable housing density bonus
special permit shall be allowed for multifamily, attached dwelling,
planned unit and mixed-use developments. This section shall not apply
to standard single-family subdivisions.
D.
Procedural requirements.
(1)
Application. Applicants for an affordable housing density bonus
shall submit to the Community Development Board those submissions
required by the Community Development Board under its special permit
rules and regulations. The application for an affordable housing density
bonus shall be submitted in conjunction with applicable multifamily,
attached dwelling, planned unit or mixed-use special permit application.
(2)
Procedures and considerations. The procedures for obtaining an affordable housing density bonus special permit are specified in § 11.3. In order to grant an affordable housing density bonus special permit, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled and that the specific requirements of Subsection E of this section have been fulfilled.
E.
Affordable housing requirements.
(1)
At least 10% of the total dwelling units in a multifamily or
attached dwelling development shall be designated as affordable housing.
The total dwelling units in a development shall include all additional
dwelling units that may be granted by the Community Development Board
through the affordable housing density bonus special permit.
(2)
The following income classifications shall be used when describing
low and moderate income levels: low and moderate income: 50% to 80%
of SMSA median income.
(3)
"Affordable units" shall be defined as those units which may be purchased or rented by eligible households meeting the guidelines for maximum annual income as defined in this Subsection E, and whose expenditure for housing costs does not exceed 30% of their gross annual income in the previous calendar year. Housing costs shall be defined as follows: 1) for owners, payments for principal and interest on a mortgage, real estate taxes, homeowners insurance and condominium fees, if any; or 2) for renters, rent including heat, if provided, but not utilities. However, any housing unit that conforms to the definition of low- and moderate-income housing as stated in 760 CMR 30.02, as may be amended.
(4)
The Community Development Board shall have the right to determine
the number and maximum sale price of the affordable units that will
be offered to low- and moderate-income eligible households.
(5)
The Community Development Board shall have the right to grant
the following density bonuses on special permit residential developments
that provide at least 10% of the total number of units in the development
as affordable housing as defined herein:
|
Special Permit
|
Percent Density Bonus
|
|---|---|
|
Multifamily
|
Up to 100%
|
|
Attached dwelling
|
Up to 100%
|
|
Planned unit development
|
Up to 100%
|
|
Mixed-use development
|
Up to 100%
|
(6)
The special permit residential development shall comply with
the maximum density requirements, exclusive of all density bonuses,
of the zoning district in which the development will be located. The
maximum gross density of dwelling units per gross acre of land inclusive
of all density bonuses shall be as follows for the applicable zoning
district:
|
Zoning District
|
Current Allowable Density
(units/acre)
|
Maximum Density Bonus
(units/acre)
|
Maximum Allowable Density
(units/acre)
|
|---|---|---|---|
|
MA
|
2
|
2
|
4
|
|
MB
|
4
|
4
|
8
|
|
CBD
|
8
|
8
|
16
|
|
BL
|
4
|
4
|
8
|
(7)
No special permit shall provide for the increase or doubling
of the number of housing units permitted under the maximum allowable
density specified above.
(8)
The affordable housing units included in the special permit
residential development that are offered for sale (condominiums) shall
include resale controls that will ensure the continued affordability
of those units by low- and moderate-income eligible households. This
may be accomplished by limiting the future sale price of a unit through
deed restrictions or any other devices as may be approved by the Community
Development Board. The applicant shall submit as part of the application
for an affordable housing density bonus special permit the resale
controls for the affordable housing units.
(9)
Affordable housing units created under this section shall remain
affordable in perpetuity or for as long a period as is dictated by
760 CMR 43.03. All such restrictive documents shall be enforceable
and renewable by the City pursuant to applicable law.
(10)
Selection of eligible tenants and homeowners. There shall be
a fair and reasonable procedure in compliance with fair housing laws
for the selection of tenants for affordable rental units and for the
selection of homeowners for affordable homeownership units. The City
of Methuen may contract with a quasi-public, public or private entity,
experienced in affordable housing operation, for provision of tenant
and homeowner selection services but shall be required to monitor
the performance of any private entity providing such services and
shall retain final responsibility for ensuring compliance.
(11)
Income and asset limits. For tenants and purchasers, household
income shall not exceed 80% of area median income based on household
size as determined by HUD. Tenants and purchasers shall also be required
to demonstrate that total household assets other than income are not
so high that a household has no substantial need of a rental unit
with a reduced rent or of an ownership unit with a reduced purchase
price.
(12)
Occupancy. The deed covenants for affordable housing units shall
require, whether the unit initially is sold or rented, that the occupant
of that unit must be an income-qualified person as defined in this
section. This provision shall not prohibit a unit initially designated
as owner-occupied from being leased, so long as it is a lease qualifying
under the provisions hereunder and the occupant is an income-qualifying
person.
(13)
The Community Development Board may require that in lieu of
all or some of the affordable units being provided within the development,
the applicant shall:
(a)
Make a cash payment to an Affordable Housing Fund to be used
by the City for the sole purpose of developing affordable housing.
The amount of said payment shall be determined by the Community Development
Board using accepted valuation methods and shall be at least the equivalent
in value to the affordable units which would have been provided within
the development.
(b)
Provide some or all of the affordable units on land other than
the development tract in which a special permit is being sought only
if the affordable units are newly created. The affordable units may
be located in an existing structure, provided their construction constitutes
a net increase in the number of dwelling units in the structure.
(c)
Provide all or some of the required affordable housing through
a combination of any or all of the methods in this subsection.
(14)
If the Community Development Board allows the provision of some
or all of the affordable housing on land other than the development
tract, the Community Development Board shall first find that such
alternative site will not create undue concentration of low- and moderate-income
households and will avoid undue hardship to neighboring land and buildings.
F.
Enforcement.
(1)
Transfer of affordable housing unit. The restrictions governing
an affordable housing unit shall be enforced upon resale, rerental
or renewal of lease of the affordable housing unit. For owner-occupied
units, the use restriction shall ensure that units may only be resold
to income-qualified buyers consistent with the then-applicable income
limits established by the United States Department of Housing and
Urban Development (HUD), or successor, and/or the Massachusetts Department
of Housing and Community Development (DHCD), or successor.
(2)
All restrictions remain in effect. Nothing in this section shall
be construed to permit any deed restriction, covenant, agreement or
other mechanism restricting such items as the use and occupancy, rent
level and resale price of affordable housing units, and the enforcement
thereof, to expire prior to any maximum limitations set forth by applicable
state law. It is intended that the restrictions required herein shall
survive, to the limit allowed by law, including, but not limited to,
bankruptcy and foreclosure.
(3)
Timing of commitments. All contractual agreements required hereunder
and any documents necessary to ensure compliance with this section
shall be approved as to content by the Community Development Board
and City Solicitor prior to the issuance of any occupancy permit for
newly constructed, rehabilitated or rental units.
(4)
Approval of form and content of legal documents. The project
applicant shall prepare all deeds and legal instruments required,
and such documents shall be in a form satisfactory to the City Solicitor.
(5)
Timing of provision of affordable housing units. As a condition
of the issuance of a special permit under this section, the Community
Development Board shall establish a time schedule for the provision
of the affordable housing units or payment in relation to the market-rate
dwelling units.
(6)
Recording of restrictions. The special permit decision and all
restrictive covenants required thereunder shall be recorded, as applicable,
at the Registry of Deeds or Registry District of the Land Court prior
to the endorsement of any subdivision plan for the development and
before the issuance of any building permit for the development.
A.
Purpose: to provide relief from the requirements for off-street parking listed in Article VIII when the enforcement of these requirements proves to be infeasible.
B.
Applicability. An application for parking in the CBD special permit
shall be allowed only in the CBD Zoning District.
C.
Procedural requirements.]
(1)
Application. Applicants for parking in the CBD special permit
shall submit to the Community Development Board an original and 11
copies of an application and a site plan (12 copies) as described
in § 11.3.
(2)
Procedures and considerations. The procedures for obtaining a special permit for parking in the Central Business District are specified in § 11.3. In order to grant a special permit for parking in the Central Business District, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled and the specific requirements of Subsection D of this section have been fulfilled.
D.
Requirements. Parking in the CBD special permit shall comply with
the following requirements:
(1)
The Community Development Board may reduce the number of required
parking spaces for the business-use portion of the building, pro-rated
per square foot of business use only by 50%. One parking space per
residential unit shall be provided.
(2)
All reductions in parking spaces shall be supported by evidence
of nonfeasibility due to the lack of suitable land, design considerations
or other similar factors.
A.
Purposes:
(1)
To protect the health, safety and welfare of the public.
(2)
To allow the development of one or more buildings containing
more than one type of allowed or allowable business use on a single
lot.
(3)
To allow a combination of two or more retail and/or service
commercial establishments on a single lot which rely on and are developed
with mutual and coordinated parking facilities, pedestrian walkways,
landscaping and loading facilities.
B.
Applicability.
(1)
An
application for a business complex special permit shall be allowed
in the BH, CBD, BL and IL Zoning Districts. A business complex special
permit shall be required when one or more buildings in excess of 50,000
square feet of building floor space and containing more than one type
of business use are developed on a single lot.
(2)
An
application for a shopping center special permit shall be allowed
in a BH Zoning District. A shopping center special permit shall be
required when a grouping of retail business and/or service uses, allowed
by right or by special permit, on a single site with common parking
facilities is planned, constructed and managed as a total entity.
C.
Procedural requirements.
(1)
Application. Applicants for a business complex or shopping center
special permit shall submit to the Community Development Board an
application in a form and matter as set forth in the rules and regulations
of the Community Development Board.
(2)
Procedures and considerations. The procedures for obtaining a business complex or shopping center special permit are specified in Article XI. In order to grant a business complex or shopping center special permit, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled and the specific requirements of Subsection D of this section have been fulfilled.
D.
Requirements.
(1)
The business complex or shopping center shall comply with the
minimum dimensional controls, as specified in the Table of Dimensional
Regulations of § 6.4 hereof, for the zoning district in
which the development will be located.[1]
[1]
Editor's Note: The Table of Dimensional Requirements is included
as an attachment to this chapter.
[Added eff. 5-22-2003 by Ord. No. 752; amended eff. 3-24-2005
by Ord. No. 785; eff. 5-19-2005 by Ord. No. 786]
A.
Purpose. The intent of this section is to provide for the development
of residential dwellings in conjunction with a golf course on a tract
of land which is in total at least 150 acres, and which may not meet
the zoning requirements of an RR District. It is the intent of this
section to provide for a unique type of living and to encourage:
(1)
The general purpose of the comprehensive zoning ordinance;
(2)
The preservation of open space;
(3)
A more creative approach to land development;
(4)
Land use development which is harmonious with the environment
and which preserves natural resources and scenic qualities;
(5)
Diversity and variety in the development pattern of the community;
(6)
Better design and land planning, ensuring that the installation,
construction and maintenance of public facilities is done in an economic
and efficient manner; and
(7)
Positive long-term development of real property value.
B.
Applicability.
(1)
An application for a residential golf course development shall
be a special permit in the RR District. The Community Development
Board, acting as the special permit granting authority (SPGA), may
grant a special permit for the utilization of a tract of land as a
residential golf course development (RGCD).
(2)
An RGCD is a tract of land which is developed as a planned golf
course and residential development and which is not subject to § 6.4,
Table of Dimensional Regulations, but which is governed instead by
the requirements of this section. The residential portion of the development
is to be governed by MGL c. 41, §§ 81K through 81GG,
commonly known as the "Subdivision Control Law."
C.
Procedural requirements.
(1)
Application. The applicant shall submit to the Community Development
Board an application in accordance with the rules and regulations
of the Community Development Board, an original and 12 copies of the
application and site plan.
(2)
Procedures and considerations.
(a)
The applicant shall comply with the submission procedures for filing
a Form C application under the Subdivision Control Law and submit
the application for subdivision approval to the Community Development
Board for its approval, along with a copy of the proposed or previously
approved RGCD site development plan. The applicant is encouraged,
but not required, to file for both the subdivision approval and RGCD
special permit simultaneously.
(b)
In order to grant a special permit for a residential golf course
development, the SPGA must find that all of the general requirements
for a special permit as specified in § 11.2B have been fulfilled.
D.
Requirements. An RGCD shall comply with the following requirements:
(1)
Minimum parcel size. The RGCD shall be located upon a parcel
of land having a minimum 150 acres of contiguous land, owned separately
or combined in an RR District;
(2)
Allowable density. The total number of residential units in
the RGCD shall be no greater than 0.51 unit per gross acreage of the
project site.
[Amended eff. 11-10-2011 by Ord. No. 854]
(3)
Allowable uses. Permitted uses allowed in the residential golf
course development shall consist of the following:
(a)
Residential units consisting of detached single-family houses
and attached multifamily dwellings. Units shall be located on individual
lots, on one lot or in any combination thereof. Any new lot shall
have frontage on a new private road right-of-way in accordance with
the requirements of this section, and all lots shall be subject to
a homeowners' association(s) as appropriate;
(b)
Eighteen-hole golf course with a minimum length of 6,000 yards,
which may include easements;
(c)
Incidental uses which may be part of operating a premier golf
course, which include the following but are not limited:
[1]
Clubhouse;
[2]
Restaurant within the clubhouse;
[3]
Function hall within the clubhouse;
[4]
Putting and/or practice green;
[5]
Driving range;
[6]
Tennis courts;
[7]
Swimming pools;
[8]
Pro shop;
[9]
Lounge;
[10]
Maintenance structures;
[11]
Other uses that the SPGA may approve and which
are customarily incidental to operating a golf course.
(d)
Existing public golf courses that apply for and receive an RGCD
special permit must remain as a public golf course in perpetuity,
or 99 years, whichever is greater.
(4)
Dimensional requirements. The requirements of Article VI of the Comprehensive Zoning Ordinance shall prevail except as hereafter provided.
(a)
The following minimum dimensional requirements shall be met
for all lots pursuant to this section:
|
RGCD
| |
|---|---|
|
Minimum lot area
|
10,000
|
|
Minimum frontage
|
75
|
|
Minimum lot width
|
75
|
|
Minimum yard setbacks:
| |
|
Front
|
20
|
|
Side
|
10
|
|
Rear
|
20
|
|
Maximum height
|
3 stories for residential
3.5 stories for clubhouse
|
|
Maximum building coverage
|
50%
|
|
Maximum dwelling units per building
|
9
|
|
Maximum width of dwelling unit (feet)
|
20
|
|
Maximum separation between buildings (feet)
|
20
|
(5)
Other requirements.
(a)
There shall be public water and sewer available for both the
golf course buildings and the residential portion of the development.
In the event that these utilities are not currently available, the
applicant shall construct the utilities, at no expense to the City
of Methuen. Irrigation for the golf course may be from private wells
or surface water reservoirs.
(b)
All roads and drives shall be maintained as private, and under
the control of an association of homeowners and/or golf course owner.
The private roads may be established by association documentation
and deeds, and/or by defined private rights-of-way on the subdivision
plan.
(c)
The special permit shall contain the following mandatory conditions,
with respect to the golf course and nonresidential uses:
[1]
Prior to the issuance of the first occupancy permit for a residential
unit, all land dedicated to the golf course shall be:
[2]
When any residential units are sold or conveyed, the deed must
state that they are subject to the conditions of the special permit,
and a copy of the special permit recorded in the North Essex Registry
of Deeds and referenced in any and all deeds.
[3]
The RGCD main entrance shall have a no-cut natural buffer, except
for the project roadway/driveway and stone walls or fences, of at
least 100 feet in depth for the full frontage on the public roadway,
except that fairways, greens, tee boxes and cart paths shall have
a minimum buffer of at least 50 feet in depth from the public roadway.
[4]
The location of the clubhouse must be at least 500 feet from
the primary public way serving the RGCD, unless reduced by the SPGA.
Internal roadways created by the project site plan shall not be considered
as the initial public way.
[5]
The applicant shall secure its obligation to complete the eighteen-hole
golf course by the following:
[a]
Entering into an agreement with the City that no
more than 1/2 of the units shall be issued building permits nor more
than 50% of those shall receive occupancy permits prior to substantial
completion of the golf course. No building permits shall be issued
for the remaining 50% of the residential development until such time
as the golf course is either substantially completed or bonded as
provided for in Subsection D(5)(c)[5][b].
[b]
The posting of a bond, or the execution of a tri-parte
agreement, both of which shall be reduced as the work is completed
so that the amount secured shall be equal to the cost of completing
the remaining golf course construction work, exclusive of bonds issued
to departments or other boards such as the Conservation Commission.
In the event of the use of a tri-parte agreement, the same shall be
in the form acceptable to the SPGA.
[6]
No occupancy permits shall be issued for the accessory uses
until completion of 75% of the golf course.
[7]
The applicant shall secure the completion of the ways and utilities
separately, in accordance with MGL c. 41, § 81U and the
Methuen Rules and Regulations Governing the Subdivision of Land, except
for waivers issued by the SPGA incorporated into the RGCD special
permit plan.
[8]
The requirements of the Comprehensive Zoning Ordinance shall
prevail except as hereafter provided. The applicant shall be subject
to design controls and standards as follow:
[a]
Clubhouse design.
[i]
The clubhouse shall have a total floor area of
at least 3,000 square feet. The clubhouse shall be no more than three
stories in height. The buildings shall have no more than 30% of the
total square footage on the second floor. Roof dormers with both shed
and gabled elevations or similar feature should be used to break down
any large continuous expanses of roof surface. The clubhouse shall
be constructed with traditional New England building materials in
brick, cedar shingles or wood clapboard. Architectural-grade vinyl
siding may be accepted as an alternative. Varied exterior details
including columns, roof soffits and trim details are encouraged. Final
approval of the clubhouse design shall be approved by the SPGA.
[ii]
No plate-glass windows shall be allowed unless
approved by the SPGA. All windows shall have "true" mullions/grilles.
Structures shall exhibit historic or period-style architecture, and
appropriate materials shall be used to maintain the integrity of the
style. Exterior colors must be approved by the SPGA.
[iii]
The SPGA may approve a structure in excess of
the maximum square footage, if the building footprint and exterior
elevations are designed to minimize and break down the overall visual
mass of the structure.
[b]
The maintenance structure must be constructed of
similar materials as the clubhouse. A waiver of design and materials
may be granted if the structure is at least 500 feet from adjacent
residential dwelling lots and improved public ways, and containing
adequate visual buffers. Pump stations and other maintenance structures
shall be buffered from residential structures with landscaping.
[c]
All cart paths must be paved with a minimum of
bituminous concrete, lynpak, paving brick, block, grasscrete or concrete.
[d]
Signage.
[i]
The submittal of a sign plan shall be included
in the application. The SPGA shall approve the sign plan as part of
the special permit. The design and review of the sign plan shall consider
type of material, size, height and lighting. Signage shall consist
of carved wooden signs or approved facsimiles.
[ii]
The maximum sign height shall be 10 feet above
the roadway and 15 square feet per side (two-side maximum). No internally
lit, halo lit or neon signs shall be permitted. Sign colors shall
be appropriate to the structure and be preapproved by the SPGA. Window
lettering is not acceptable. Traffic controls should be consistent
with the Manual of Uniform Traffic Control Devices. The applicant
shall provide street identification signs as approved by the Department
of Public Works on all rights-of-way and drives within the development.
Said signs shall be in place upon completion of binder paving of each
respective drive.
[e]
Parking.
[i]
Parking lots greater than 50 spaces shall contain
one raised landscaped island per 60 spaces. The islands shall be at
least eight feet in width and contain trees and plantings. The islands
should be designed to separate the parking spaces and create driving
lanes that separate parking lanes. The landscape islands shall be
protected from snow removal and unauthorized parked vehicles. Parking
spaces shall not be less than nine feet by 18 feet in size. A minimum
of one tree per 10 spaces is required to be planted around the perimeter
of the parking area.
[ii]
All parking areas shall be screened from the primary
street public way by mounding and landscaping. No more than 12 parking
spaces shall be laid out in a continuous row unless interrupted by
an eight-foot-wide landscaped island. An average clubhouse-building
setback of 10 feet from the front doors and/or customer access areas
is required from the driveways and parking area. This setback may
be a combination of walkways and landscaping. The walkways and landscaping
shall be designed to encourage the use of the walkways.
[iii]
The number of parking spaces for the clubhouse and other uses as set forth by the Zoning Ordinance to be required may be reduced up to 50% by the SPGA. The SPGA may determine the number of parking spaces sufficient to provide adequate parking, by taking into account multiple complementary uses in order to reduce excessive pavement on the site. The minimum parking and loading regulations for any attached or multifamily use shall be as specified in Articles VI, VII and VIII.
[f]
Lighting. All outdoor lighting shall be mounted
so as to direct illumination away from abutting properties and not
cause glare. The developer shall provide streetlighting of a type
approved by the Department of Public Works servicing all rights-of-way
and drives within the development. The lighting shall be in place
and in operation prior to the issuance of any occupancy permits.
[g]
Landscaping. Appropriate trees, understory plantings
and lawn areas must be designed by a registered landscape architect.
The landscape plan must be approved by the SPGA.
(6)
Waivers. The SPGA may grant a waiver from the requirements hereunder
should it determine that the granting of said waiver is in harmony
with the purpose and intent of the ordinance, does not derogate from
the purpose and intent of the ordinance and the resulting development
shall not be substantially more detrimental to the neighborhood.
B.
Applicability. Frontage exception lots shall be allowed by special
permit in the RR, CN, RA, RB, RC, RD and RG Zoning Districts.
C.
Procedural requirements.
(1)
Application. Applicants for a special permit for a frontage
exception lot shall submit to the Community Development Board and
shall be in conformance with the rules and regulations of the Community
Development Board for special permit filings as described in below.
(2)
Procedural considerations. The procedures for obtaining a special permit for a frontage exception lot are specified in § 11.3. In order to grant a special permit for a frontage exception lot, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled and the specific requirements of Subsection D of this section have been fulfilled.
D.
Requirements. The Community Development Board may grant a special permit for reduced frontage in the districts noted in Subsection B above, except in the MA or the MB District and except for duplexes in the RG District, provided that:
(1)
The area of the lot to be divided is three times the minimum
lot area in that district;
(2)
The frontage for the lot to be divided is, at a minimum, the
frontage required for that district;
(3)
The lot to be divided is not split into more than two lots;
(4)
The two newly created lots each contain the minimum area required
for that district;
(5)
The two newly created lots each have a minimum of 50% of the
frontage required for that district; however, the frontage is not
to be less than 50 feet in any district;
(6)
The two newly created lots each have a lot of width of not less
than 50 feet at any point between the street and site of the dwelling;
(7)
The front, side and rear setbacks for the two newly created
lots may be reduced to 20 feet if, in the opinion of the Community
Development Board, this facilitates the highest and best use of the
land and limits the overall disturbance of the property. Appropriate
screening and buffering as determined by the Community Development
Board may be required to protect existing adjacent homes;
(8)
There is not more than one other such lot with reduced frontage
contiguous to the newly created lots;
(9)
The newly created lots are so located as not to block the possible
future extension of a dead-end street;
(10)
The creation of the frontage exception lots will not adversely
affect the neighborhood;
(11)
The creation of the frontage exception lots is in harmony with
the general purpose and intent of this ordinance;
(12)
No such lot as described above, on which a dwelling is located,
shall hereafter be reduced in area or frontage required by this ordinance;
(13)
Prior to the issuance of a building permit, the applicant shall
record a deed restriction on the plan and in the deed(s) indicating
that the resulting lots may not be further subdivided or divided in
any manner whatsoever. Said recorded plan and deed(s) shall be provided
to the Building Commissioner and the SPGA.
A.
Purposes: to ensure that moving or waiting cars create no hazard
or obstruction on a street or parking lot used by the general public.
B.
Applicability.
(1)
A drive-up or walk-up window for a bank, laundry drop, pharmacy,
restaurant or the like shall require a special permit from the Community
Development Board.
(2)
A drive-up retail, business or service establishment shall be
allowed by special permit in the BN, BH, CBD, BL and IL Zoning Districts.
C.
Procedural requirements.
(1)
Application. Applicants for a special permit for a drive-up
retail, business or service establishment shall submit to the Community
Development Board and shall be in conformance with the Rules and Regulations
of the Community Development Board for special permit filings as described
in below.
(2)
Procedural considerations. The procedures for obtaining a special permit for a drive-up retail, business or service establishment are specified in Section § 11.3. In order to grant a special permit, the Community Development Board must find that all of the general requirements for a special permit as specified in Subsection D of this section have been fulfilled.
D.
Requirements.
(1)
A drive-up retail, business or service establishment shall not
constitute a nuisance of any type;
(2)
Access to such drive-up service shall conform to § 6.2E,
Yard requirements for all districts;
(3)
A drive-up retail, business or service establishment shall not
operate after 12:00 midnight without an additional special permit
from the Community Development Board;
E.
These provisions shall not apply to those facilities which are solely
walk-up establishments and which are attached to a main structure
and which have no vehicular access. At any time such facility gains
vehicular access, it shall be required to comply with the filing,
application and approval requirements hereunder.
A.
All development in the Floodplain District, including structural
and nonstructural activities, whether permitted by right or by special
permit, must be in compliance with the following:
(1)
780 CMR 744.0 of the Massachusetts State Building Code, which
addresses floodplain and coastal high-hazard areas.
(2)
310 CMR 10.00, Wetlands Protection, Department of Environmental
Protection (DEP).
(3)
302 CMR 6.00, Inland Wetlands Restriction, DEP.
(4)
Title 5, minimum requirements for the subsurface disposal of
sanitary sewage, DEP.
(5)
Methuen Municipal Ordinances.
B.
Development regulations. The Floodplain District is established as
an overlay district to all other districts. All development, including
structural and nonstructural activities, whether permitted by right
or by special permit, must be in compliance with MGL c. 131, § 40
and with the requirements of the Massachusetts State Building Code
pertaining to construction in the floodplain (currently Section 744).
(1)
Within Zone A, the best available floodway data shall be used
to prohibit encroachments in floodways which would result in any increase
in the base flood discharge. In Zones A1-30, and AE along watercourses
that have not had a regulatory floodway designated, no new construction,
substantial improvement or other development shall be permitted, unless
it is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood more
than one foot at any point within the community. In the regulatory
floodways designated on the Methuen FIRM or Flood Boundary Floodway
Map, encroachments in the regulatory floodway, which would result
in any increase in the base flood discharge, are prohibited.
(2)
Within Zones AH and AO, adequate drainage paths around structures
are required on slopes, to guide floodwaters around and away from
proposed structures.
(3)
Existing contour intervals of the site and elevation of existing
structures must be included on plan proposals.
(4)
There shall be established a "routing procedure" which will
circulate or transmit one copy of the development plan to the Conservation
Commission, Community Development Board, Board of Health, City Engineer
and Building Commissioner for comments which will be considered by
the appropriate permitting board prior to issuing applicable permits.
The routing procedure shall be established for informational purposes
only.
C.
100-YEAR FLOOD
AREAS OF SPECIAL FLOOD HAZARD
BASE FLOOD
DEVELOPMENT
DISTRICT
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE STUDY
FLOODWAY
NEW CONSTRUCTION
REGULATORY FLOODWAY
SPECIAL HAZARD AREA
STRUCTURE
(1)
(2)
SUBSTANTIAL IMPROVEMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
See "base flood".
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year. The area may
be designated as Zone A, AO, AH, A1-30, AE, A99, V1 or V1-30, VE or
V.
The flood having a 1% chance of being equaled or exceeded
in any given year.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Floodplain District.
Administers the National Flood Insurance Program. FEMA provides
a nationwide flood hazard area mapping study program for communities
as well as regulatory standards for development in the flood hazard
areas.
An official map of a community issued by FEMA where the boundaries
of the flood, mudslide (i.e., mudflow) and related erosion areas having
special hazards have been designated as Zones A, M and/or E.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudslide (i.e., mudflow)
and/or flood-related erosion hazards.
See "regulatory floodway".
For the purpose of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later.
For floodplain management purposes, "new construction" means structures
for which the "start of construction" commenced on or after the effective
date of a floodplain management regulation adopted by a community.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation.
An area having special flood, mudslide (i.e., mudflow) and/or
flood-related erosion hazards, and shown on an FHBM or FIRM as Zones
A, AO, A1-30, AE, A99, AH, E.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home, deck or pier.
For insurance coverage purposes, a walled and roofed building,
other than a gas or liquid storage tank, that is principally above
ground and affixed to a permanent site, as well as a manufactured
home on foundation. For the latter purpose, the term includes a building
while in the course of construction, alteration or repair, but does
not include building materials or supplies intended for use in such
construction, alteration or repair, unless such materials or supplies
are within an enclosed building on the premises.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either a) before the improvement or repair is started, or
b) if the structure has been damaged and is being restored, before
the damage occurred. For the purpose of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either 1) any project
for improvement of a structure to comply with existing state or local
health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions or 2) any alteration of a structure
listed on the National Register of Historic Places or a State Inventory
of Historic Places.
[Added eff. 9-19-2003 by Ord. No. 765]
A.
The purpose is to allow for the re-use of municipal property and
structures.
B.
The use shall be limited to multifamily dwelling in accordance with
the Comprehensive Zoning Ordinance definitions (apartments or condominiums).
All other uses are prohibited.
C.
Housing preference shall be for 55 plus housing, defined as either
spouse being 55 or older and their natural or adopted child or where
they are guardian of a child if living with them.
D.
The overlay re-use shall require a site plan special permit. The application procedures are described in Article XII.
E.
The following dimensional requirements shall apply:
F.
The following
restrictions shall apply within the Ashford School re-use overlay:
(1)
No changes to facade, except for normal maintenance;
(2)
No change to the footprint of the building;
(3)
No increase in the height of the building or external accessory
units such as elevator or HVAC systems;
(4)
No accessory buildings;
(5)
The location, size and number of waste storage facilities, including
recycling;
(6)
Trash removal shall be the responsibility of the property owner;
(7)
No satellite dishes or antennas;
(8)
Proposed
changes to the above limitations shall be subject to approval by the
Mayor.
G.
Limitations.
(1)
Signs:
(a)
One sign to identify name of facility. Sign not to exceed 25
square feet;
(b)
No signs shall be permitted on the building, except unit numbering
or directional signs;
(c)
All other signs shall be limited to directional and parking
signs;
(d)
Outdoor signs shall not be illuminated unless shielded or filtered;
(e)
Signs that are illuminated shall have lights mounted on top
of the sign facing downward to restrict glare;
(f)
Pan and materials to be approved by the Mayor.
(2)
Parking:
(a)
Maximum of two vehicles per unit;
(b)
No commercial vehicles over 3/4-ton capacity;
(c)
Any commercial vehicles serving the facility shall be registered
at the premises;
(d)
All parking areas shall be at least eight feet off the property
line; within the eight feet may include landscaping, sidewalks and
utilities; this provision may be waived or modified by the Mayor.
(e)
Recreational vehicles, trailers, mobile homes and boats are
prohibited from being stored on site;
(f)
No parking of unregistered vehicles;
(g)
Handicapped parking shall be provided in accordance with state
and local laws;
(h)
Deliveries by commercial vehicles shall be limited to the hours
between 7:00 a.m. and 9:00 p.m.
(3)
Outdoor lighting:
(a)
There shall be no lighting fixtures on the building except for
the entrances and/or exits;
(b)
Lighting for the parking area shall be limited to lampposts,
not to exceed 12 feet in height. Location, design and style of lampposts
shall be included in lighting plan;
(c)
All outdoor lighting shall be directed away from abutting residential
properties;
(d)
Lighting plan shall be approved by the Mayor.
(4)
Access easement:
(a)
Pedestrian access for public use of fields, courts and play
areas to be reserved in deed;
(b)
A twenty-foot-wide perimeter access easement to be retained
for the purposes of public access. The easement shall include a sidewalk
and landscaping where appropriate;
(c)
There shall be no parking within the easement area without approval
by the Mayor;
(d)
There shall be no interference with gate access to fields, play
areas, courts or easement access areas;
(e)
Fire lane access to be determined by the Fire Department.
[Added by Ord. No. 773]
A.
This section is enacted for the purpose of allowing modifications
to the zoning requirements of the Roman Catholic Archbishop of Boston
property as purchased by the City and recorded at North Essex Registry
of Deeds at Book 8472, Page 143.
B.
The use of the property in the overlay shall be limited to single-family
dwellings in accordance with the Comprehensive Zoning Ordinance definitions.
All other uses, except those customary and incidental to a single-family
residence as identified in the Zoning Ordinance, are prohibited.
C.
The overlay shall be subject to site plan approval by the Community
Development Board. The procedural requirements of the application
are as follows:
(1)
An original application together with 15 copies and a site plan
shall be submitted to the Board.
(2)
The site plan shall be stamped by a Massachusetts professional
engineer or registered land surveyor. The plan shall show the number,
dimensions and square footage of all lots and shall include a footprint
of the proposed buildings on the lots.
(3)
The plan shall further show any dimensional modifications sought,
i.e., minimum lot area, minimum lot width, minimum yard setbacks,
maximum building coverage, minimum open space and maximum wetland
area sought.
(4)
The Mayor, acting on behalf of the City, may make application to the Community Development Board for approval of the site plan. The site plan application may include requests to modify the dimensional requirements of Article VI of the Zoning Ordinance as to this property; Provided, however, that a minimum of 60% of Lot One as described in the above-referenced deed shall be kept and designated as constitutionally protected open space under Article 49 of the Articles of Amendment to the Massachusetts Constitution.
(5)
The Board shall conduct a public hearing in accordance with the public hearing requirements of Article XI of this ordinance. It shall render its decision no later than 90 days after the filing of the application.
(6)
The Community Development board is hereby authorized to grant
approval to the site plan with such modifications it may approve if
it determines that the interests of maintaining open space for the
benefit of the public are served by such approval.
D.
The lot(s) as approved may have constructed thereon single-family
dwellings within the approved setback areas. Any revision decreasing
the setback requirements of any of the lots as approved in the site
plan shall require the submittal of an amendment to the Board for
its review and the procedures listed above shall apply as to the amendment.
E.
There shall be no further subdivision of the lots as approved in
the original site plan nor a use made on the premises other than single-family
residence with customary and incidental accessory uses, and all deeds
of transfer shall contain this restriction.
[Added eff. 3-2-1999 by Ord. No. 665]
A.
Purpose and intent.
(1)
The purpose of this ordinance is to minimize the visual and
environmental impacts of personal wireless service facilities. The
ordinance enables the review and approval of personal wireless service
facilities by the City of Methuen in keeping with the City's existing
ordinances and historic development patterns, including the size and
spacing of structures and open spaces. This ordinance is intended
to be used in conjunction with other regulations adopted by the City,
including historic district regulations, site plan review and other
zoning ordinances designed to safeguard public health and safety,
encourage appropriate land use, environmental protection and provision
of adequate infrastructure development in the City of Methuen.
(2)
The regulation of personal wireless service facilities is consistent
with the City's planning efforts through its local Comprehensive Plan
to further the conservation and preservation of developed, natural
and undeveloped areas, wildlife, flora and habitats for endangered
species; protection of natural resources; balanced economic growth;
the provision of adequate capital facilities; the coordination of
the provision of adequate capital facilities with the achievement
of other goals; and the preservation of historical, cultural, archaeological,
architectural and recreational values.
(3)
If a personal wireless service facility is permitted by right
in a zoning district, then the basic assumption is that the personal
wireless service facility could go anywhere within that zoning district,
provided certain dimensional standards are met. This ordinance does
not recommend this approach because there may be sensitive resources
in any zoning district that could be negatively affected by these
facilities.
B.
ABOVE GROUND LEVEL (AGL)
ANCILLARY EQUIPMENT
ANTENNA
AVAILABLE SPACE
CAMOUFLAGED
CARRIER
CMR
CO-LOCATION
CONCEALED
DET
DPH
DUAL-POLARIZED (OR CROSS-POLARIZED) ANTENNA
ELEVATION
ENVIRONMENTAL ASSESSMENT (EA)
EQUIPMENT SHELTER
FAA
FALL ZONE
FCC
FUNCTIONALLY EQUIVALENT SERVICES
GUYED TOWER
HISTORIC STRUCTURE
INTERIOR WIRELESS TELECOMMUNICATIONS FACILITY
LATTICE TOWER
LICENSED CARRIER
MAJOR WIRELESS TELECOMMUNICATION FACILITY
MINOR WIRELESS TELECOMMUNICATION FACILITY - TYPE 1
(1)
(a)
(b)
(c)
(2)
MINOR WIRELESS TELECOMMUNICATIONS FACILITY - TYPE 2
(1)
(2)
(3)
(4)
MONOPOLE
MOUNT
(1)
(2)
(3)
(4)
OMNIDIRECTIONAL (WHIP) ANTENNA
PANEL ANTENNA
PERSONAL WIRELESS SERVICE FACILITY
PERSONAL WIRELESS SERVICES
RADIOFREQUENCY (RF) ENGINEER
RADIOFREQUENCY RADIATION (RFR)
REPEATER
SPGA or SPECIAL PERMIT GRANTING AUTHORITY
SCENIC ROAD
SCENIC VISTA
SECURITY BARRIER
SEPARATION
TELECOMMUNICATIONS ACT OF 1996
UTILITY TRANSMISSION TOWER
WETLANDS
WIRELESS TELECOMMUNICATIONS FACILITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A measurement of height from the natural (existing) grade
of a site to the highest point of a structure.
All equipment necessary to the secure and successful operation
of a minor or major wireless telecommunications facility, including,
but not limited to: a support structure; antennas; transmitting, receiving
and combining equipment; equipment shelter containing radios and electronic
equipment; transmission cables; telephone lines; utility lines; and
backup power source.
The surface from which wireless radio signals are transmitted
and received by a personal wireless service facility.
The policy that requires siting of personal wireless service
facilities on existing buildings or structures, regardless of height,
before looking to new construction opportunities. The theory is that
available space exists throughout the urban area and that it is more
cost-effective, resource-conserving and visually acceptable to place
personal wireless service facilities on available space. It is the
first preference of the City of Methuen to have personal wireless
service facilities use available space.
A personal wireless service facility that is disguised, hidden
or made a part of an existing or proposed structure is considered
"camouflaged."
A company that provides wireless services.
Commonwealth of Massachusetts Regulation.
The use of a single mount on the ground by more than one
carrier (vertical co-location) and/or several mounts on an existing
building or structure by more than one carrier.
A personal wireless service facility that is placed within
an existing or proposed structure so that it is hidden from view is
considered "concealed."
Massachusetts Department of Telecommunications and Energy.[1]
Department of Public Health (Massachusetts).
A low mount that has three panels either flush-mounted or
attached very close to the shaft.
The measurement of height, in feet, above sea level.
The document required by the Federal Communications Commission
(FCC) and the National Environmental Policy Act (NEPA) when a personal
wireless service facility is placed in certain designated areas.
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed containing radios and electronic
equipment; transmission cables; telephone lines; utility lines; and
backup power source.
Federal Aviation Administration.
The area on the ground within a prescribed radius from the
base of a personal wireless service facility. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
Federal Communications Commission.
Cellular, personal communication services (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging.
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
A structure listed on the Natural Register of Historic Places
or eligible structure for placement on the National Register of Historic
Places.
A minor wireless telecommunications facility located entirely
within a building or structure that is occupied or used primarily
for other purposes, but which may include ancillary equipment not
located within the building or structure, provided that such facility
and ancillary equipment are not visible from any public way or abutting
property.
A type of mount that is self-supporting with multiple legs
and cross bracing of structural steel.
A company authorized by the FCC to construct and operate
a commercial mobile radio service system.
Any wireless telecommunications facility that is not a minor
wireless telecommunications facility.
Any wireless telecommunications facility:
Installed on or in or attached on or to a building or existing
wireless telecommunications tower or pole or utility transmission
tower, overhead cable, smokestack, steeple, water tank or billboard
and ancillary equipment adjacent thereto;
Composed solely of antennas and ancillary telecommunications
equipment which do not extend higher than 10 feet above the highest
point of the building or structure on which the wireless telecommunications
facility is installed; and
Made of such materials or painted to blend in appearance to
the extent practicable with the building or structure upon which it
is installed.
To the extent that any tower or pole that was previously authorized
is replaced with a tower or pole which is substantially similar in
design and is not greater than the same height, or with a one-time
increase in height of not more than 10 feet, that structure shall
be deemed to be a minor wireless telecommunications facility, provided
that the original tower or pole is removed within a reasonable time
after the construction of the replacement.
Any wireless telecommunications facility:
Installed in an existing building or on an existing wireless
telecommunications tower; and
Composed solely of antennas and ancillary telecommunications
equipment totally enclosed within an existing building or structure;
and
Installation of antennas and ancillary telecommunications equipment
requires no major alteration to the structure; and
The completed installation of all antennas and ancillary equipment
is not visible from a public way.
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
ROOF-MOUNTEDAn antenna that is mounted on the roof of a building.
SIDE MOUNTEDAn antenna that is mounted on the side of a building.
GROUND-MOUNTEDAn antenna that is mounted on the ground.
STRUCTURE-MOUNTEDAn antenna that is mounted on a structure other than a building.
A thin rod that transmits and receives a signal in all directions.
A flat-surface antenna usually developed in multiples.
Facility for the provision of personal wireless services,
as defined by the Telecommunications Act of 1996. (Note: Personal
wireless service facilities are defined in the Telecommunications
Act of 1996. This definition is also provided in the definition of
"personal wireless services" below.)
Any wireless telecommunications services and commercial mobile
services, including cellular telephone services, enhanced special
mobile radio services, personal communications services and mobile
and radio paging services as defined in the Telecommunications Act
of 1996, 47 U.S.C. § 332(c)(7)(C)(i).
An engineer specializing in electrical or microwave engineering,
especially the study of radiofrequencies.
The emissions from personal wireless service facilities.
[Note: It is RFR, not all EMF, that is regulated by the FCC Guidelines
for Evaluating the Environmental Effects of Radio Frequency Radiation
(FCC Guidelines). The FCC Guidelines from 1-1-1997 to 10-15-1997.
Applicants are further directed to Title 105, Department of Public
Health, Chapter 122.000, of the Code of Massachusetts Regulations.]
A small receiver/transmitter of not more than 20 watts' output
designed to provide service to areas which are not able to receive
adequate coverage directly from a personal wireless service facility.
The Community Development Board.
To be determined.
To be determined.
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
The distance between one carrier's array of antennas and
another carrier's array.
47 U.S.C. § 332(c)(7) preserves the authority of
municipalities to regulate the placement, construction and modification
of personal wireless service facilities, but provides that municipalities
shall not unreasonably discriminate among providers of functionally
equivalent services and shall not prohibit or have the effect of prohibiting
the provision of personal wireless service facilities.
Any tower that has carried or is capable of carrying lines
for the transmission of electricity at a voltage level typically equal
to or greater than 69,000 volts.
As defined in MGL c. 131, § 40 and City of Methuen
Ordinances, Chapter 12.
Any "personal wireless service facility" as defined in the
Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C)(ii),
including facilities used or to be used by a licensed provider of
personal wireless services.
[1]
Editor's Note: Now the "Department of Telecommunications and
Cable."
C.
Municipal regulations.
(1)
Use regulations. A personal wireless service facility shall
require a building permit in all cases and may be permitted as follows:
(a)
Upon application for a building permit, a minor wireless telecommunications
facility - Type 2 shall be an allowed use in nonresidential zoning
districts and shall be subject only to the requirements, restrictions
and limitations set forth:
[1]
A minor wireless service facility - Type 2 may locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower or water tower, provided that the installation of the new facility does not increase the height of the existing structure except as provided in Subsection C(1)(a)[2] below. Such installations shall require a special permit.
[2]
A minor wireless telecommunications facility - Type 2 shall be an allowed use in all but residential zoning districts and shall be subject to the requirements, restrictions and limitations set forth; provided, however, that a minor wireless telecommunications facility shall be an allowed use in a residential zoning district only if it is: a) located on municipally owned land, a water tank or an existing wireless telecommunications facility or replacement of such facility pursuant to Subsection C(1)(a)[1] herein; b) located on a utility transmission tower only if installation on any such utility transmission tower does not extend greater than five feet above the utility transmission tower; or c) is an interior wireless telecommunications facility, provided that if a minor wireless telecommunications facility is also in an historic district, it will be allowed only if such facility is an interior wireless telecommunications facility or otherwise complies with the requirements of such historic district. All other minor wireless telecommunications facilities in a residential zoning district shall be treated as major wireless telecommunications facilities.
(b)
Upon application for a building permit for a minor wireless
facility - Type 2, the applicant must provide information in a form
satisfactory to the Building Commissioner that the applicant has the
right and ability to construct such a facility. This information may
include, but not be limited to:
(c)
A major wireless telecommunication facility involving construction
of one or more ground or building (roof or side) mounts shall require
a special permit in all zoning districts within the City. The proposed
use shall comply with the height and setback requirements of this
ordinance and all of the special permit regulations of this ordinance.
(2)
Location. Applicants seeking approval for personal wireless
service facilities shall comply with the following:
(a)
The applicant shall have the burden of proving that there are
no feasible existing structures upon which to locate. If feasible,
personal wireless service facilities shall be located on existing
structures, including but not limited to buildings, water towers,
existing telecommunications facilities, utility poles and towers and
related facilities, provided that such installation preserves the
character and integrity of those structures. In particular, applicants
are urged to consider use of existing telephone and electric utility
structures as sites for one or more personal wireless service facilities.
(b)
If the applicant demonstrates that it is not feasible to locate
on an existing structure, personal wireless service facilities shall
be designed so as to be camouflaged to the greatest extent possible,
including, but not limited to: use of compatible building materials
and colors, screening, landscaping and placement within trees.
(c)
The applicant shall submit documentation of the legal right
to install and use the proposed facility, in the form of a license
from the FCC, at the time of application for a building permit and/or
special permit.
(d)
The use of repeaters to assure adequate coverage or to fill
holes within areas of otherwise adequate coverage, while minimizing
the number of personal wireless service facilities, may be allowed.
An applicant who has received a personal wireless facility special
permit under this ordinance may, with at least 30 days' written notice
to the SPGA, Board of Health, Conservation Commission, Building Inspector,
and City Clerk, install, at the applicant's expense, one or more additional
repeaters. Site plan review before the SPGA will be required. The
SPGA will publish written notice of the public meeting date at least
14 days in advance Applicants shall detail the number, location, power
output and coverage of any proposed repeaters in their systems and
provide engineering data to justify their use. No repeaters shall
be located closer than 50 feet to an existing dwelling, nor less than
25 feet above the ground. Maximum height shall be up to 150 feet in
the Personal Wireless Service Facility Overlay District or up to 10
feet above average tree, or tallest building height within 300 feet
of the repeater.
(3)
Dimensional requirements. Personal wireless service facilities
shall comply with the following:
(a)
Height.
[1]
General. Regardless of the type of mount, personal wireless
service facilities shall be no higher than 10 feet above the tallest
height of buildings within 300 feet of the proposed facility. In addition,
the height of a personal wireless service facility shall not exceed
by more than 10 feet the height limits of the zoning district in which
the facility is proposed to be located, unless the facility is completely
camouflaged, such as within a flagpole, steeple, chimney or similar
structure. Personal wireless service facilities may locate on a building
that is legally nonconforming with respect to height, provided that
the facilities do not project above the existing building height.
[2]
Ground-mounted facilities. Ground-mounted personal wireless
service facilities shall not project higher than 10 feet above the
tallest building height or, if there are no buildings within 300 feet,
these facilities shall not project higher than 10 feet above the average
tree canopy height, measured from ground level (AGL). If there are
no buildings within 300 feet of the proposed site of the facility,
all ground-mounted personal wireless service facilities shall be surrounded
by dense tree growth to screen views of the facility in all directions.
These trees may be existing on the subject property or planted on-site.
[3]
Side- and roof-mounted facilities. Side- and roof-mounted personal
wireless service facilities shall not project more than 10 feet above
the height of an existing building nor project more than five feet
above the height limit of the zoning district within which the facility
is located. Personal wireless service facilities may locate on a building
that is legally nonconforming with respect to height, provided that
the facilities do not project above the existing building height.
[4]
Existing structures. New antennas located on any of the following
structures existing on the effective date of this ordinance shall
be exempt from the height restrictions of this ordinance, provided
that there is no increase in height of the existing structure as a
result of the installation of a personal wireless service facility:
water towers, guyed towers, lattice towers, fire towers and monopoles.
[5]
Existing structures (utility). New antennas located on any of
the following existing structures shall be allowed to exceed the height
restrictions of this ordinance with a special permit, provided that
there is no more than a five-foot increase in the height of the existing
structure as a result of the installation of a personal wireless service
facility: electric transmission and distribution towers (utility transmission
towers), telephone poles and similar existing utility structures.
This provision shall not apply in historic districts, within 150 feet
of the right-of-way of any scenic roadway or in designated scenic
viewsheds.
[6]
Setbacks. All personal wireless service facilities and their
equipment shelters shall comply with the building setback provisions
of the zoning district in which the facility is located. In addition,
the following setbacks shall be observed:
[a]
In order to ensure public safety, the minimum distance
from the base of every ground-mounted personal wireless service facility
to the property line of any residence, school, medical facility or
nursing home shall be at least 250 feet measured on a horizontal plane.
The minimum distance from the base of any ground-mounted personal
wireless service facility to any other type of property line, road,
structure or business shall be equal to 100% of the height of the
facility/mount, including any antennas or other appurtenances. For
these uses only, this setback is considered a fall zone.
[b]
In the event that an existing structure is proposed
as a mount for a personal wireless service facility, a fall zone shall
not be required, but the setback provisions of the zoning district
shall apply. In the case of preexisting nonconforming structures,
personal wireless service facilities and their equipment shelters
shall not increase any nonconformity, except as provided below.
[7]
Flexibility. In reviewing a special permit application for a
personal wireless service facility, the Community Development Board
may reduce the required fall zone and/or setback distance, if it finds
that a substantially better design will result from such reduction.
In making such a finding, the Community Development Board shall consider
both the visual and safety impacts of the proposed use.
D.
Special permit regulations.
(1)
Design standards. All personal wireless service facilities shall
comply with the performance standards set forth in this section.
(a)
Tiering.
[1]
It shall be the policy of the City of Methuen to consider applications
for special permits to construct a personal wireless service facility
on available space in the following order of priority:
[a]
First, personal wireless service facilities that
are to be concealed within existing buildings or structures shall
be preferred; and only when presented with evidence that such buildings
or spaces are not available will the Methuen Community Development
Board consider
[b]
Second, personal wireless service facilities that
are mounted on the roof of existing buildings shall be considered;
and only when presented with evidence such buildings do not exist
within the desired service areas will the Methuen Community Development
Board consider
[c]
Third, personal wireless service facilities that
are mounted on available space, including existing personal wireless
service facilities.
[2]
The above preferences are to be considered opportunities carrying
with them a favorable review, provided other applicable requirements
of this ordinance are met. For any of the priorities above, a registered
letter must represent any assertion of property owner refusal, regardless
of cost considerations, from the property owner.
(b)
Visibility/Camouflage or concealment. Personal wireless service
facilities shall be camouflaged or concealed as follows:
[1]
Camouflage or concealment by existing buildings or structures.
[a]
When a personal wireless service facility extends
above the roof height of a building on which it is mounted, every
effort shall be made to conceal the facility with or behind existing
architectural features to limit its visibility from public ways. Facilities
mounted on a roof shall be stepped back from the front facade in order
to limit their impact on the building's silhouette.
[b]
Personal wireless service facilities which are
side-mounted shall blend with the existing building's architecture
and, if over five square feet, shall be painted or shielded with material
which is consistent with the design features and materials of the
building.
[2]
Camouflage or concealment by vegetation. If personal wireless
service facilities are not camouflaged from public viewing areas by
existing buildings or structures, they shall be surrounded by buffers
of dense tree growth and understory vegetation in all directions to
create an effective year-round visual buffer. Ground-mounted personal
wireless service facilities shall provide a vegetated buffer of sufficient
height and depth to effectively screen the facility. Trees and vegetation
may be existing on the subject property or installed as part of the
proposed facility or a combination of both. The Community Development
Board shall determine the types of trees and plant materials and depth
of the needed buffer based on site conditions.
[3]
Color.
[a]
Personal wireless service facilities which are
side-mounted on buildings shall be painted or constructed of materials
to match the color of the building material directly behind them.
[b]
To the extent that any personal wireless service
facilities extend above the height of the vegetation immediately surrounding
it, they shall be painted with neutral colors that are harmonious
with and blend with the background, such as sky or wooded terrain.
(c)
Equipment shelters. Equipment shelters for personal wireless
service facilities shall be reviewed by the Community Development
Board, with a preference for the following design standards:
[1]
Equipment shelters shall, as a first preference, be located
in underground vaults; or if not, demonstrable evidence offered as
to why underground vaulting is impossible; and then
[2]
Equipment shelters above grade shall, as a second preference,
be designed consistent with traditional New England architectural
styles and materials, with a roof pitch of at least 10/12 and wood
clapboard or shingle siding; or, if not,
[3]
Equipment shelters shall, as a last preference, be camouflaged
behind an effective year-round landscape buffer, equal to the height
of the proposed building, and/or wooden fence. The Community Development
Board shall determine the style of fencing and/or landscape buffer
that is compatible with the neighborhood.
(d)
Lighting and signage.
[1]
Personal wireless service facilities shall be lighted only if
required by the Federal Aviation Administration (FAA). Lighting of
equipment structures and any other facilities on site shall be shielded
from abutting properties. There shall be total cutoff of all light
at the property lines of the parcel to be developed, and footcandle
measurements at the property line shall be 0.0 initial footcandles
when measured at grade.
[2]
Signs shall be limited to those needed to identify the property
and the owner and warn of any danger. All signs shall comply with
the requirements of the City's sign regulations. Signs solely for
the purpose of advertisement are prohibited.
(e)
Historic buildings and districts.
[1]
Any personal wireless service facilities located on or within
an historic structure shall not alter the character-defining features,
distinctive construction methods or original historic materials of
the building.
[2]
Any alteration made to an historic structure to accommodate
a personal wireless service facility shall be fully reversible. Personal
wireless service facilities within an historic district shall be concealed
within or behind existing architectural features, or shall be located
so that they are not visible from public roads or viewing areas within
the district.
(f)
Scenic landscapes and vistas. No new ground-mounted personal
wireless service facilities shall be located within areas contained
in the Visual Overlay District on file in the City of Methuen Community
Development Department.
[1]
The Visual Overlay District Map shall contain:
[a]
View corridors, or that strip of land within 250
feet of the outer edge of the right-of-way on both sides of State
Routes 93, 495, 213.
[b]
Watercourse and water body buffers, or those strips
of land within 75 feet average mean high water on all streambeds,
quarries, reservoirs and ponds.
[c]
Public open space or all lands reserved for parks,
recreation, public schools and playgrounds as well as conservation
through public control.
[2]
Roof-mounted, side-mounted, camouflaged or otherwise concealed
personal wireless service facilities may be subject to the special
permit process and will be permitted within the areas shown on the
Visual Overlay District Map, provided they meet the standards of this
ordinance.
(g)
Security barriers. A security barrier shall surround all ground-mounted
personal wireless facilities.
E.
Environmental standards.
(1)
Personal wireless service facilities shall not be located in
wetlands. Locating of wireless facilities in wetland buffer areas
shall be avoided whenever possible and disturbance to wetland buffer
areas shall be minimized.
(2)
No hazardous waste shall be discharged on the site of any personal
wireless service facility. If any hazardous materials are to be used
on site, including all hydrocarbon products, there shall be provisions
for full containment of such materials. An enclosed containment area
shall be provided with a sealed floor, designed to contain at least
110% of the volume of the hazardous materials stored or used on the
site.
(3)
Stormwater run-off from the facility shall be contained on-site.
(4)
Noise.
(a)
Ground-mounted equipment for personal wireless service facilities
shall not generate noise in excess of 50 decibels at the property
line.
(b)
Roof-mounted or side-mounted equipment for personal wireless
service facilities shall not generate noise in excess of 50 decibels
at ground level at the base of the building closest to the antenna.
(5)
Health standards.
(a)
General. As proposed, all requirements to protect public health
and safety below are specified to ensure a legally defensible position
by the City.
(b)
Radiofrequency radiation (RFR) standards.
[1]
All equipment proposed for a personal wireless service facility
shall be authorized per the most recent FCC Guidelines for Evaluating
the Environmental Effects of Radio Frequency Radiation (FCC Guidelines).
The FCC Guidelines were published on August 1, 1996. The FCC had extended
the implementation date of the FCC Guidelines from January 1, 1997
to October 15, 1997.
[2]
Further, the applicant shall demonstrate that all equipment
conforms to 105 CMR 122.000, as amended.
[3]
Consultative review. Per § 11.4, the Community Development
Board (SPGA) retains the right to commission experts to study the
existing, probable or potential RFR at a proposed site. The cost for
retaining such experts shall be borne by the applicant (MGL c. 44,
§ 53G).
F.
Application procedures.
(1)
Special permit granting authority. The special permit granting
authority (SPGA) for personal wireless service facilities shall be
the Methuen Community Development Board.
(2)
Other permits required. Any other permits required from federal,
state or municipal agencies must be applied for and granted to the
applicant prior to granting a special permit for a personal wireless
service facility from the City of Methuen.
(3)
Special permit procedures. All procedures for applying for special
permits shall be consistent with, and as provided for, in § 11.3.
(4)
Special permit requirements. The required application for a
special permit shall meet the requirements of § 11.2B.
G.
General application filing requirements. The following shall be included
with an application for a special permit for all personal wireless
service facilities:
(1)
Name, address and telephone number of applicant and any co-applicants,
as well as any agents for the applicant or co-applicants.
(2)
Co-applicants shall include the landowner of the subject property,
licensed carriers and tenants for the personal wireless service facility.
(3)
A licensed carrier must be either an applicant or a co-applicant.
(4)
Original signatures shall be required for the applicant and
all co-applicants applying for the special permit. If the applicant
or co-applicant is represented by an agent, a sworn statement with
original signatures authorizing the agent to represent the applicant
and/or co-applicant will be required. Photo reproductions of signatures
will not be accepted.
H.
Location filing requirements:
(1)
Identify the subject property by including the City as well
as the name of the locality, name of the nearest road or roads and
street address, if any.
(2)
Assessor's map and parcel number of subject property.
(3)
Zoning district designation for the subject parcel (submit copy
of City Zoning Map with parcel identified).
(4)
A plot plan, to scale, showing the lot lines of the subject
property and all properties within 300 feet and the location of all
buildings, including accessory structures, on all properties shown.
Said plan shall be stamped by a Massachusetts registered professional
civil engineer or registered land surveyor.
(5)
A City-wide map showing other existing personal wireless service
facilities in the City and outside the City within two miles of its
corporate limits.
(6)
The proposed locations of all existing and future personal wireless
service facilities in the City on a City-wide map for this carrier.
I.
Siting filing requirements. In addition to the requirements of § 11.3,
the applicant will provide a one inch equals 40 feet vicinity plan
showing the following:
(1)
Property lines of all properties adjacent to the subject property
within 300 feet.
(2)
Tree cover on the subject property and adjacent properties within
300 feet, by dominant species and average height, as measured by or
available from a verifiable source.
(3)
Proposed location of antenna, mount and equipment shelter(s).
(4)
Proposed security barrier, indicating type and extent as well
as point of controlled entry.
(5)
Location of all roads, public and private, on the subject property
and on all adjacent properties within 300 feet, including driveways
proposed to serve the personal wireless service facility.
(6)
Distances, at grade, from the proposed personal wireless service
facility to each building on the vicinity plan.
(7)
A topographic map at two-foot contours for the subject property
and adjacent properties within 300 feet.
(8)
All proposed changes to the existing property, including grading,
vegetation removal and temporary or permanent roads and driveways.
(9)
Representations, dimensioned and to scale, of the proposed mount,
antennas, equipment shelters, cable runs, parking areas and any other
construction or development attendant to the personal wireless service
facility. All heights shall be shown as proposed AGL, before any grading
or disturbance of the natural grade.
(10)
Plan lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from Subsection I(12), regarding sight lines, below.
(11)
If the proposed facility will extend above the tree canopy,
a vicinity viewshed map and sectional drawings at a scale of one inch
equal 40 feet including the entire area within 2,500 feet and showing
the following:
(12)
Sight lines and photographs as described below:
(a)
Sight line representation (elevation view). A sight line representation
shall be drawn from any public road within 300 feet and the closest
facade of each residential building (viewpoint) of the personal wireless
service facility. Each sight line shall be depicted in profile, drawn
at one inch equals 40 feet. The profiles shall show all intervening
trees and buildings. In the event there is only one residential building
within 300 feet, there shall be at least two sight lines from the
closest habitable structures or public road.
(b)
Existing ("before" condition) photographs. Each sight line shall
be illustrated by one four-inch by six-inch photograph of what can
currently be seen from any public road within 300 feet.
(c)
Proposed ("after" condition). Each of the existing condition
photographs shall have the proposed personal wireless service facility
superimposed on it to show what will be seen from public roads if
the proposed personal wireless service facility is built.
(13)
Siting elevations, or views at-grade from the north, south,
east and west, for a fifty-foot radius around the proposed personal
wireless service facility plus from all existing public and private
roads that serve the subject property. Elevations shall be at either
one-quarter-inch equals one foot or one-eighth-inch equals one foot
scale and show the following: antennas, mounts and equipment shelter(s),
with total elevation dimensions and AGL of the highest point.
(14)
Security barrier. If the security barrier will block views of
the personal wireless service facility, the barrier drawing shall
be cut away to show the view behind the barrier.
(15)
Any and all structures on the subject property.
(16)
Existing trees and shrubs at current height and proposed trees
and shrubs at proposed height at time of installation, with approximate
elevations dimensioned.
(17)
Grade changes, or cuts and fills, to be shown as original grade
and new grade line, with two-foot contours above mean sea level.
J.
Design filing requirements.
(1)
Equipment brochures for the proposed personal wireless service
facility, such as manufacturer's specifications or trade journal reprints,
shall be provided for the antennas, mounts, equipment shelters, cables
as well as cable runs, and security barrier, if any.
(2)
Materials of the proposed personal wireless service facility
specified by generic type and specific treatment (e.g., galvanized
steel, anodized aluminum, stained wood, painted fiberglass, etc.).
These shall be provided for the antennas, mounts, equipment shelters,
cables as well as cable runs, and security barrier, if any.
(3)
Colors of the proposed personal wireless facility represented
by a color board showing actual colors proposed. Colors shall be provided
for the antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any.
(4)
Dimensions of the personal wireless service facility specified
for all three directions: height, width and breadth. These shall be
provided for the antennas, mounts, equipment shelters, cables as well
as cable runs, and security barrier, if any.
(5)
Appearance shown by at least two photographic superimpositions
of the personal wireless service facility within the subject property.
The photographic superimpositions shall be provided for the antennas,
mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any.
(6)
Landscape plan, including existing trees and shrubs and those
proposed to be added, identified by size of specimen and species.
(7)
Within 21 days of filing an application for a special permit,
the applicant shall arrange for a forty-eight-hour, 24 hours of which
must be on a weekend day, balloon or crane test at the proposed site
to illustrate the height of the proposed facility. The date, including
a second date in case of poor visibility due to weather conditions
on the initial date, time and location of such test shall be advertised
in a newspaper of general circulation in the City at least 14 days,
but not more than 21 days, prior to the test.
(8)
If lighting of the site is proposed, the applicant shall submit
a manufacturer's computer-generated point-to-point printout, indicating
the horizontal footcandle levels at grade, within the property to
be developed and 25 feet beyond the property lines. The printout shall
indicate the locations and types of luminaires proposed.
K.
Noise filing requirements. The applicant shall provide a statement
listing the existing and maximum future projected measurements of
noise from the proposed personal wireless service facilities, measured
in decibels Ldn (logarithmic scale accounting for greater sensitivity
at night), for the following:
(1)
Existing or ambient: the measurements of existing noise.
(2)
Existing plus proposed personal wireless service facilities:
maximum estimate of noise from the proposed personal wireless service
facility plus the existing noise environment. Such statement shall
be certified and signed by an acoustical engineer, stating that noise
measurements are accurate and meet the noise standards of this ordinance.
(3)
As proposed, all requirements are specified to ensure a legally
defensible position by the City.
L.
Radiofrequency radiation (RFR) filing requirements. The applicant
shall pay for an independent consultant, hired by the City, to monitor
the background levels of radiofrequency radiation around the proposed
personal wireless service facility site.
(1)
The
independent consultant shall provide a statement listing the existing
and maximum future projected measurements of radiofrequency radiation
from the proposed personal wireless service facility, for the following
situations:
(a)
Existing or ambient: the measurements of existing RFR.
(b)
Existing plus proposed personal wireless service facilities:
maximum estimate of RFR from the proposed personal wireless service
facility plus the existing RFR environment.
(c)
Certification signed by an RF engineer stating that RFR measurements are accurate and meet FCC Guidelines as specified in the radiofrequency radiation standards in Subsection E(5)(b) of this section.
(d)
Radiation pattern of the proposed antenna in the horizontal
and vertical planes.
(2)
A report of the monitoring results shall be prepared by the
independent consultant and submitted to the City Council, Board of
Health, Community Development Board, Building Inspector and City Clerk.
M.
Federal environmental filing requirements.
(1)
The applicant must provide evidence to the SPGA that it has
filed all required applications with the federal government which
are required for approval of a personal wireless communication facility.
(2)
At the time of application filing, an EA (environmental assessment)
that meets FCC requirements shall be submitted to the City for each
personal wireless service facility site that requires such an EA to
be submitted to the FCC.
(3)
The applicant shall list location, type and amount (including
trace elements) of any materials proposed for use within the personal
wireless service facility that are considered hazardous by the federal,
state or local government.
(4)
The special permit granting authority may waive one or more
of the application filing requirements of this section if it finds
that such information is not needed for a thorough review of a proposed
personal wireless service facility.
N.
Co-location.
(1)
Licensed carriers shall share personal wireless service facilities
and sites where feasible and appropriate, thereby reducing the number
of personal wireless service facilities that are standalone facilities.
All applicants for a special permit for a personal wireless service
facility shall demonstrate a good faith effort to co-locate with other
carriers. Such good faith effort includes:
(2)
In the event that co-location is found not to be feasible, a
written statement of the reasons for the infeasibility shall be submitted
to the City. The City may retain a technical expert in the field of
RF engineering to verify if co-location at the site is not feasible
or is feasible given the design configuration most accommodating to
co-location. The cost for such a technical expert will be at the expense
of the applicant. The City may deny a special permit to an applicant
that has not demonstrated a good faith effort to provide for co-location.
(3)
If the applicant does intend to co-locate or to permit co-location,
the City shall request drawings and studies which accurately show
the ultimate appearance and operation of the personal wireless service
facility at full build-out.
(4)
If the Methuen Community Development Board approves co-location
for a personal wireless service facility site, the special permit
shall indicate how many facilities of what type shall be permitted
on that site. Facilities specified in the special permit approval
shall require no further zoning approval. However, the addition of
any facilities not specified in the approved special permit shall
require a new special permit. Estimates of RFR emissions will be required
for all facilities, including proposed and future facilities.
O.
Modifications. A modification of a personal wireless service facility
may be considered equivalent to an application for a new personal
wireless service facility and will require a Special Permit when the
following events apply: The applicant and/or co-applicant wants to
alter the terms of the Special Permit by changing the personal wireless
service facility in one or more of the following ways:
P.
Monitoring and maintenance.
(1)
As proposed, the City specifies all requirements to ensure legally
defensible position.
(2)
After the personal wireless service facility is operational, the owner(s) of any personal wireless service facility located on any facility site shall pay for an independent consultant, hired by the City, to conduct testing and monitoring of radiofrequency radiation emitted from said site and to report results of said monitoring as follows: within 90 days of the issuance of the special permit, and at annual intervals from the date of issuance of the special permit, the independent consultant shall submit existing levels of radiofrequency radiation from the personal wireless service facility. Such measurements shall be signed by a radiofrequency engineer stating that radiofrequency measurements are accurate and meet Federal Communications Commission Guidelines as specified in the radiofrequency standards in Subsection E(5)(b) of this section.
(3)
A report of the monitoring results shall be prepared by the
independent consultant and submitted to the City Council, Board of
Health, Community Development Board, Building Inspector and City Clerk.
(4)
After the personal wireless service facility is operational, the applicant shall submit, within 90 days of the issuance of the special permit, and at annual intervals from the date of issuance of the special permit, existing measurements of noise from the personal wireless service facility. Such measurements shall be signed by an acoustical engineer, stating that noise measurements are accurate and meet the noise standards in Subsection E(4) of this section.
(5)
The applicant and co-applicant shall maintain the personal wireless
service facility in good condition. If the SPGA deems it necessary,
an initial bond shall be posted to cover construction costs and an
annual maintenance bond to cover maintenance shall include, but shall
not be limited to, painting, structural integrity of the mount and
security barrier, access road maintenance and maintenance of the buffer
areas and landscaping.
Q.
Abandonment or discontinuation of use.
(1)
At such time that a licensed carrier plans to abandon or discontinue
operation of a personal wireless service facility, such carrier will
notify the City by certified U.S. mail of the proposed date of abandonment
or discontinuation of operations. Such notice shall be given no less
than 30 days prior to abandonment or discontinuation of operations.
In the event that a licensed carrier fails to give such notice, the
personal wireless service facility shall be considered abandoned upon
such discontinuation of operations.
(2)
Upon abandonment or discontinuation of use, the carrier shall
physically remove the personal wireless service facility within 90
days from the date of abandonment or discontinuation of use. "Physically
remove" shall include, but not be limited to:
(a)
Removal of antennas, mount, equipment shelters and security
barriers from the subject property.
(b)
Proper disposal of the waste materials from the site in accordance
with local and state solid waste disposal regulations.
(c)
Restoring the location of the personal wireless service facility
to its natural condition, except that any landscaping and grading
shall remain in the "after" condition.
(d)
If a carrier fails to remove a personal wireless service facility
in accordance with this section of this ordinance, the City of Methuen
shall have the authority to enter the subject property and physically
remove the facility. The City Council (SPGA) shall require the applicant
to post a bond at the time of construction to cover costs for the
removal of the personal wireless service facility in the event the
City must remove the facility.
(e)
Such a performance bond shall only be deposited in an enterprise
account, so labeled and established for the sole purpose of removing
an abandoned or discontinued facility.
(f)
In the absence of an enterprise account, the Building Inspector
may request removal authority and sufficient funds from the Methuen
City Council.
R.
Reconstruction or replacement of existing towers and monopoles. Guyed
towers, lattice towers, utility towers and monopoles in existence
at the time of adoption of this ordinance may be reconstructed, altered,
extended or replaced on the same site by special permit, provided
that the Methuen Community Development Board finds that such reconstruction,
alteration, extension or replacement will not be substantially more
detrimental to the neighborhood and/or the City than the existing
structure. In making such a determination, the Methuen Community Development
Board shall consider whether the proposed reconstruction, alteration,
extension or replacement will create public benefits such as opportunities
for co-location, improvements in public safety and/or reduction in
visual and environmental impacts. No reconstruction, alteration, extension
or replacement shall exceed the height of the existing facility by
more than 20 feet.
S.
Term of special permit. A special permit issued for any personal
wireless service facility shall be valid for 25 years. At the end
of that period, the carrier shall remove the personal wireless service
facility or a new special permit shall be required.
T.
Provision for fire safety and rescue.
(1)
All applicants for ground-mounted personal wireless service
facilities shall contribute toward improving the adequacy of City
of Methuen's response in the event of hazardous or emergency events
on high, freestanding structures such as:
(2)
The Methuen Fire Department shall establish an enterprise account
for the purposes set forth above.
(3)
All applicants shall contribute to the Fire Safety and Rescue
Enterprise Account for personal wireless service facilities on a pro-rated
basis.
U.
Regulation compliance. Failure to comply with any regulations under
the special permit shall be grounds for removal of noncomplying structures,
buildings and devices, at the owner's expense.
A.
Purpose and intent.
(1)
The primary purposes for open space residential development
(OSRD) are the following:
(a)
To allow for greater flexibility and creativity in the design
of residential developments;
(b)
To encourage the permanent preservation of open space, agricultural
land, forestry land, wildlife habitat, other natural resources, including
aquifers, water bodies and wetlands, and historical and archeological
resources in a manner that is consistent with a municipality's comprehensive
and open space plan;
(c)
To encourage a less sprawling and more efficient form of development
that consumes less open land and conforms to existing topography and
natural features better than a conventional or grid subdivision;
(d)
To minimize the total amount of disturbance on the site;
(e)
To further the goals and policies of the City of Methuen Master
Plan;
(f)
To facilitate the construction and maintenance of housing, streets,
utilities and public service in a more economic and efficient manner;
(g)
To encourage the use of low-impact development (LID) design
techniques in an effort to reduce the effects of development on the
environment and encourage natural recharge of water resources;
(h)
To further the goals of the City of Methuen to create and provide
affordable housing for persons of low and moderate income.
B.
Eligibility.
(1)
Minimum size of tract. To be eligible for consideration as an
OSRD, the tract shall contain a minimum of three acres.
(2)
Zoning classification. Only those tracts located in the CN,
RR, RA, RB, RC, RD and RG Districts shall be eligible for consideration
as an OSRD.
(3)
Contiguous parcels. To be eligible for consideration as an OSRD,
the tract shall consist of a parcel or set of contiguous parcels.
(4)
Land division. To be eligible for consideration as an OSRD,
the tract may be a subdivision or a division of land pursuant to MGL
c. 41, § 81P; provided, however, that OSRD may also be permitted
where intended as a condominium on land not so divided or subdivided.
C.
Special permit required. The Community Development Board shall be
the SPGA for an OSRD pursuant to the grant of a special permit. Such
special permits shall be acted upon in accordance with the following
provisions.
D.
Pre-application.
(1)
Conference. The applicant is very strongly encouraged to request
a pre-application review at a regular business meeting of the Community
Development Board. If one is requested, the Community Development
Board shall invite the Conservation Commission, Board of Health, Building,
Fire and Engineering Departments. The purpose of a pre-application
review is to minimize the applicant's costs of engineering and other
technical experts, and to commence negotiations with the Community
Development Board at the earliest possible stage in the development.
At the pre-application review, the applicant may outline the proposed
OSRD, seek preliminary feedback from the Community Development Board
and/or its technical experts and set a timetable for submittal of
a formal application. At the request of the applicant, and at the
expense of the applicant, the Community Development Board may engage
technical experts to review the informal plans of the applicant and
to facilitate submittal of a formal application for an OSRD special
permit.
(2)
The Community Development Board shall adopt rules and regulations
relative to the size, form, number and contents of the plans to be
submitted for a pre-application review.
E.
Design process. At the time of the application for a special permit for OSRD in conformance with Subsection F hereunder, applicants are required to demonstrate to the Community Development Board that the following design process was performed by a certified landscape architect and considered in determining the layout of proposed streets, house lots and open space.
(1)
Step One: Identifying Conservation Areas. Identify preservation
land by two steps. First, primary conservation areas (such as wetlands,
riverfront areas and floodplains regulated by state or federal law)
and secondary conservation areas (including unprotected elements of
the natural landscape such as steep slopes, mature woodlands, prime
farmland, meadows, wildlife habitats and cultural features such as
historic and archeological sites and scenic views) shall be identified
and delineated. Second, the potentially developable area will be identified
and delineated. To the maximum extent feasible, the potentially developable
area shall consist of land outside identified primary and secondary
conservation areas.
(2)
Step Two: Locating House Sites. Locate the approximate sites
of individual houses within the potentially developable area and include
the delineation of private yards and shared amenities, so as to reflect
an integrated community, with emphasis on consistency with the town's
historical development patterns. The number of homes enjoying the
amenities of the development should be maximized.
(3)
Step Three: Aligning the Streets and Trails. Align streets in
order to access the house lots. Additionally, new trails should be
laid out to create internal and external connections to existing and/or
potential future streets, sidewalks and trails.
(4)
Step Four: Lot Lines. Draw in the lot lines.
F.
Procedures.
(1)
Application. An application for a special permit for an OSRD shall include a concept plan. The concept plan consists of a sketch plan and a yield plan (see Subsection G). The Community Development Board shall adopt rules and regulations relative to the size, form, number and contents of the sketch plan and yield plan.
(2)
Sketch plan. The sketch plan shall be prepared by a certified landscape architect, or by a multidisciplinary team of which one member must be a certified landscape architect, and shall address the general features of the land, give approximate configurations of the lots, open space and roadways, and include the information listed under Section 1.B of the Subdivision Rules and Regulations. The sketch plan shall incorporate the four-step design process, according to Subsection E above, and the design standards according to Subsection J below, when determining a proposed design for the development.
(3)
Relationship between the concept plan and OSRD subdivision plan.
(a)
The issuance of a concept plan special permit allows the applicant
to submit an open space definitive subdivision plan to the Community
Development Board for approval under the Subdivision Control Law.
Any concept plan special permit issued by the Community Development
Board shall specifically state that the open space definitive subdivision
plan shall substantially comply with the concept plan.
(b)
An open space definitive subdivision plan will be considered
not to substantially comply with the concept plan if the Community
Development Board determines that any of the following conditions
exist:
[1]
An increase in the number of building lots;
[2]
A significant decrease in the open space acreage;
[3]
A significant change in the lot layout;
[4]
A significant change in the general development pattern which
adversely affects natural landscape features and open space preservation;
[5]
Significant changes to the stormwater management facilities;
and/or
[6]
Significant changes in the wastewater management systems.
(c)
If the Community Development Board determines that the open
space definitive subdivision plan does not substantially comply with
the concept plan, the Board may disapprove the definitive subdivision
plan for failure to comply with the condition of the special permit
requiring that the open space definitive plan substantially comply
with the concept plan.
(d)
The Community Development Board may conditionally approve an
open space definitive subdivision plan that does not substantially
comply with the concept plan special permit. However, such conditional
approval must identify where the plan does not substantially comply
with the concept plan special permit and shall require that the concept
plan special permit be amended to be in compliance with the significant
changes identified by the Community Development Board. The Community
Development Board shall also require that the applicant file an application
to amend the concept plan special permit within a specified time period.
(e)
The public hearing on the application to amend the concept plan
special permit shall be limited to the significant changes identified
by the Community Development Board in its conditional approval of
the open space definitive subdivision plan. These are the only considerations
that the Community Development Board may take into account in deciding
whether to amend the concept plan special permit.
(4)
General procedures. Whenever an application for an OSRD special
permit is filed with the Community Development Board, the applicant
shall also file, within five working days of the filing of the completed
application, copies of the application, accompanying development plan,
and other documentation, to the Board of Health, Conservation Commission,
Building Inspector, Department of Public Works, Police Chief, Fire
Chief and Town Engineer for their consideration, review and report.
The applicant shall furnish the copies necessary to fulfill this requirement.
Reports from other boards and officials shall be submitted to the
Community Development Board within 35 days of receipt of the reviewing
party of all of the required materials; failure of these reviewing
parties to make recommendations after having received copies of all
such required materials shall be deemed a lack of opposition thereto.
In the event that the public hearing by the Community Development
Board is held prior to the expiration of the thirty-five-day period,
the Community Development Board shall continue the public hearing
to permit the formal submission of reports and recommendations within
that thirty-five-day period. The decision/findings of the Community
Development Board shall contain, in writing, an explanation for any
departures from the recommendations of any reviewing party.
(5)
Site visit. Whether or not conducted during the pre-application
stage, the Community Development Board may conduct a site visit during
the public hearing. At the site visit, the Community Development Board
and/or its agents shall be accompanied by the applicant and/or its
agents.
(6)
Other information.
(a)
The submittals and permits of this section shall be in addition
to any other requirements of the Subdivision Control Law or any other
provisions of this Zoning Ordinance. To the extent permitted by law,
the Community Development Board shall coordinate the public hearing
required for any application for a special permit for an OSRD with
the public hearing required for approval of a definitive subdivision
plan.
(b)
All OSRD subdivisions must be served with public water and public
sewer services.
G.
Basic maximum number of lots.
(1)
Determination of yield, sketch plan. The basic maximum number shall be derived from a yield plan. The yield plan shall show the maximum number of lots (or dwelling units) that could be placed upon the site under a conventional subdivision. The yield plan shall contain the information required for a preliminary plan in accordance with the Subdivision Rules and Regulations as set forth above in Article VI. The proponent shall have the burden of proof with regard to the basic maximum number of lots (or dwelling units) resulting from the design and engineering specifications shown on the yield plan. Each lot shall contain at least 50% upland based upon actual flagged wetlands.
H.
Reduction of dimensional requirements.
(1)
Flexible (zero-lot-line).
(a)
The Community Development Board encourages applicants to modify
lot size, shape and other dimensional requirements for lots within
an OSRD, subject to the following limitations:
[1]
Lots having reduced area or frontage shall not have frontage
on a street other than a street created by the OSRD; provided, however,
that the Community Development Board may waive this requirement where
it is determined that such reduced lot(s) will further the goals of
this ordinance.
[2]
There shall be no less than 20 feet between structures and no
less than a twenty-foot front and rear setback.
(b)
The Community Development Board may waive these provisions if
it furthers the intent of the ordinance and is not more detrimental
to the neighborhood.
I.
Open space and affordable housing requirements. In order to qualify
for an open space residential development special permit hereunder,
the proposed project must include the following minimum open space
and affordable housing requirements:
(1)
Open space. A minimum of 50% of the tract shown on the development
plan shall be open space. Any proposed open space, unless conveyed
to the town or its Conservation Commission, shall be subject to a
recorded restriction enforceable by the town, provided that such land
shall be perpetually kept in an open state, that it shall be preserved
exclusively for the purposes set forth herein and that it shall be
maintained in a manner which will ensure its suitability for its intended
purposes.
(a)
The percentage of the open space that is wetlands shall not
normally exceed the percentage of the tract that is wetlands; provided,
however, that the applicant may include a greater percentage of wetlands
in such open space upon a demonstration that such inclusion promotes
the purposes of this ordinance.
(b)
The open space shall be contiguous. "Contiguous" shall be defined
as being connected. Open space will still be considered connected
if it is separated by a roadway or an accessory amenity. The Community
Development Board may waive this requirement for all or part of the
required open space where it is determined that allowing noncontiguous
open space will promote the goals of this ordinance and/or protect
identified primary and secondary conservation areas.
(c)
The open space shall be used for wildlife habitat and conservation
and the following additional purposes: historic preservation, education,
outdoor education, recreation, park purposes, agriculture, horticulture,
forestry, a combination of these uses, and shall be served by suitable
access for such purposes. The Community Development Board may permit
up to 10% of the open space to be paved or built upon for structures
accessory to the dedicated use or uses of such open space (i.e., pedestrian
walks and bike paths).
(d)
Wastewater and stormwater management systems serving the OSRD
may be located within the open space. Surface systems, such as retention
and detention ponds, shall not qualify towards the minimum open space
required. Use of low-impact development techniques is encouraged.
(e)
Ownership of the open space. The open space shall, at the Community
Development Board's election, be conveyed to:
[1]
The town or its Conservation Commission;
[2]
A nonprofit organization, the principal purpose of which is
the conservation of open space and any of the purposes for such open
space set forth above;
[3]
A corporation or trust owned jointly or in common by the owners
of lots within the OSRD. If such corporation or trust is utilized,
ownership thereof shall pass with conveyance of the lots in perpetuity.
Maintenance of such open space and facilities shall be permanently
guaranteed by such corporation or trust that shall provide for mandatory
assessments for maintenance expenses to each lot. Each such trust
or corporation shall be deemed to have assented to allow the town
to perform maintenance of such open space and facilities, if the trust
or corporation fails to provide adequate maintenance, and shall grant
the town an easement for this purpose. In such event, the town shall
first provide 14 days' written notice to the trust or corporation
as to the inadequate maintenance, and, if the trust or corporation
fails to complete such maintenance, the town may perform it. Each
individual deed, and the deed or trust or articles of incorporation,
shall include provisions designed to effect these provisions. Documents
creating such trust or corporation shall be submitted to the Community
Development Board for approval, and shall thereafter be recorded.
(2)
Affordable housing. A minimum of 10% of the number of units
allowed shall be affordable units as that term is defined in eligibility
standards as set forth in § 11.11B and E hereof.
(a)
A minimum of 10% of the number of units allowed in the yield
plan shall be added to the development as affordable housing. For
example, if the yield plan shows 10 units, then the developer shall
be required to build one additional unit as an affordable housing
unit, for a total of 11 units. All fractions of units shall be rounded
up to the nearest whole number.
(b)
The SPGA, as a condition of a special permit, may require the
applicant to build a specified number of affordable units before the
issuance of all of the building permits for the project.
(c)
The affordable units shall be restricted in perpetuity by a
recorded deed restriction.
J.
Design standards. The following generic and site-specific design
standards shall apply to all OSRDs and shall govern the development
and design process:
(1)
Generic design standards.
(a)
The landscape shall be preserved in it natural state, insofar
as practicable, by minimizing tree and soil removal. Any grade changes
shall be in keeping with the general appearance of the neighboring
developed areas. The orientation of individual building sites shall
be such as to maintain maximum natural topography and cover. Topography,
tree cover and natural drainageways shall be treated as fixed determinants
of road and lot configuration rather than as malleable elements that
can be changed to follow a preferred development scheme.
(b)
Streets shall be designed and located in such a manner as to
maintain and preserve natural topography, significant landmarks and
trees; to minimize cut and fill; and to preserve and enhance views
and vistas on or off the subject parcel.
(c)
Mixed-use development shall be related harmoniously to the terrain
and the use, scale and architecture of existing buildings in the vicinity
that have functional or visual relationship to the proposed buildings.
Proposed buildings shall be related to their surroundings.
(d)
All open space (landscaped and usable) shall be designed to
add to the visual amenities of the area by maximizing its visibility
for persons passing the site or overlooking it from nearby properties.
(e)
The removal or disruption of historic, traditional or significant
uses, structures or architectural elements shall be minimized insofar
as practicable, whether these exist on the site or on adjacent properties.
(2)
Site-specific design standards.
(a)
Mix of housing types. The OSRD may consist of any combination
of single-family, two-family and multifamily residential structures.
A multifamily structure shall not contain more than four dwelling
units. Multifamily structures may only be built within districts where
multifamily structures are allowed by right or with a special permit.
Residential structures shall be oriented toward the street serving
the premises and not the required parking area.
(b)
Parking. Each dwelling unit shall be served by two off-street
parking spaces. Parking spaces in front of garages may count in this
computation. All parking areas with greater than four spaces shall
be screened from view.
(c)
Buffer areas. A buffer area of 50 feet may be provided at the
following locations: 1) perimeter of the property where it abuts residentially
zoned and occupied properties; and 2) existing public ways. Driveways
necessary for access and egress to and from the tract may cross such
buffer areas. No vegetation in this buffer area will be disturbed,
destroyed or removed, except for normal maintenance of structures
and landscapes approved as part of the project. The Community Development
Board may waive the buffer requirement in these locations when it
determines that a smaller buffer (or no buffer) will suffice to accomplish
the objectives set forth herein.
(d)
Drainage. The Community Development Board shall encourage the
use of "soft" (nonstructural) stormwater management techniques (such
as swales) and other drainage techniques that reduce impervious surface
and enable infiltration where appropriate.
(e)
Screening and landscaping. All structural surface stormwater
management facilities shall be accompanied by a conceptual landscape
plan.
(f)
On-site pedestrian and bicycle circulation. Walkways and bicycle
paths shall be provided to link residences with parking areas, recreation
facilities (including parkland and open space) and adjacent land uses
where appropriate.
(g)
Disturbed areas. Not more than 5% of the open space shall be
disturbed areas. A disturbed area is any land not left in its natural
vegetated state.
K.
Decision of the Community Development Board. The Community Development
Board may grant a special permit for an OSRD if it determines that
the proposed OSRD has less detrimental impact on the tract than a
conventional development proposed for the tract, after considering
the following factors:
(1)
Whether the OSRD achieves greater flexibility and creativity
in the design of residential developments than a conventional plan;
(2)
Whether the OSRD promotes permanent preservation of open space,
agricultural land forestry land, other natural resources, including
water bodies and wetlands, and historical and archeological resources;
(3)
Whether the OSRD promotes a less sprawling and more efficient
form of development that consumes less open land and conforms to existing
topography and natural features better than a conventional subdivision;
(4)
Whether the OSRD reduces the total amount of disturbance on
the site;
(5)
Whether the OSRD furthers the goals and policies of the Master
Plan;
(6)
Whether the OSRD facilitates the construction and maintenance
of streets, utilities and public services in a more economical and
efficient manner.
(7)
Whether the concept plan and its supporting narrative documentation
complies with all sections of this Zoning Ordinance.
L.
Increases in permissible density. Based upon the basic number of lots set forth on the accepted yield plan, the following bonuses will be considered in addition to those requirements as set forth in Subsection I hereof:
(1)
The Community Development Board may award a density bonus to
increase the number of dwelling units beyond the basic maximum number.
The density bonus for the OSRD shall not, in the aggregate, exceed
50% of the basic maximum number. Computations shall be rounded to
the lowest number. A density bonus may be awarded in the following
circumstances:
(a)
For each additional 10% of the site (over and above the required
50%) set aside as open space, a bonus of 5% of the basic maximum number
may be awarded; provided, however, that this density bonus shall not
exceed 25% of the basic maximum number.
(b)
For every two dwelling units restricted to occupancy by persons
over the age of 55, one dwelling unit may be added as a density bonus;
provided, however, that this density bonus shall not exceed 10% of
the basic maximum number.
(c)
Where the Community Development Board determines that the development
is in substantial conformance with the City of Methuen Master Plan
and for every two dwelling units restricted to occupancy in perpetuity
by persons or families who qualify as low or moderate income, as those
terms are defined for the area by the Commonwealth's Department of
Housing and Community Development, one dwelling unit may be added
as a density bonus; provided, however, that this density bonus shall
not exceed 15% of the basic maximum number may be awarded.
(d)
For every two dwelling units restricted to occupancy in perpetuity
by persons or families who qualify as low or moderate income, as those
terms are defined for the area by the Commonwealth's Department of
Housing and Community Development, one dwelling unit may be added
as a density bonus; provided, however, that this density bonus shall
not exceed 10% of the basic maximum number.[1]
[1]
Editor's Note: Original Sec. XI-D(19), Temporary moratorium
on medical marijuana treatment centers and registered marijuana dispensaries,
which followed this section, was repealed eff. 6-15-2015 by Ord. No.
890. See now § 11.24.
A.
Purpose: to assure the public safety and community welfare by the
regulation of the location of billboards; to protect the environment
and assure the continued nature of the historic and open space features
of the City.
B.
Applicability. An application for a billboard special permit shall
be allowed in the BH and IL Zoning Districts.
C.
Applications.
(1)
Billboards require a special permit, as set forth in Article XI. The special permit granting authority shall be the Board of Appeals. Prior to the grant of any special permit, the Department of Economic and Community Development shall provide a written recommendation to the Board.
(2)
Applications for billboard special permits shall be completed
and filed in accordance with the rules and regulations of the SPGA,
in addition to the general requirements of § 11.2B.
D.
Criteria. In addition to the special permit criteria as set forth
in § 11.2B hereof, the applicant shall:
(1)
Demonstrate compliance with the Outdoor Advertising Board Regulations,
as amended;
(2)
Demonstrate that the proposed location does not adversely interfere
with the uses of adjacent properties;
(3)
Demonstrate that the proposed billboard does not cause an adverse
shadow or flicker on adjacent properties;
(4)
Demonstrate that the proposed location does not cause any noise
on adjacent properties such that the increased noise is in violation
of any state regulation or local noise ordinance; and
(5)
Demonstrate that the billboard is in harmony with or suitable
for the surrounding area and would not do significant damage to the
visual environment. In making this determination the SPGA may consider,
among other factors, health, safety, general welfare of the public,
the scenic beauty of the area, the physical, environmental, cultural,
historical or architectural characteristics of the location and area,
the structure, height, size of the sign, the number of signs on the
premises and in the area where the billboard is to be located.
E.
Dimensional requirements. There shall be a front yard setback of
40 feet for all billboards, a side yard setback of 20 feet and a rear
yard setback of 30 feet, notwithstanding the requirements of the Table
of Dimensional Controls.[1]
[1]
Editor's Note: See the Table of Dimensional Regulations included
as an attachment to this chapter.
G.
Prohibitions. No billboard permitted hereunder shall have any moving
parts.
[Added eff. 9-2-2014 by Ord. No. 883]
A.
Purpose. The general objectives of this section are to:
(1)
Encourage preservation of buildings or structures of historical
or architectural significance, in concert with the goals and policies
of the Methuen Master Plan.
(2)
Encourage the restoration of existing historic buildings and
structures in the community.
(3)
Establish eligibility criteria for buildings or structures of
historical or architectural significance attaining protected status.
(4)
Expand economic options for the owner/investor, by broadening
the permitted uses in various zoning districts and removing barriers
presented by development standards governing those permitted uses.
(5)
Permit the flexibility of development options by modifying dimensional
requirements that might be an impediment to historic preservation.
(6)
Preserve and enhance community character.
B.
Applicability. An application for an historic preservation special
permit shall be allowed in all zoning districts.
C.
Special permit granting authority. The Community Development Board
shall be the special permit granting authority (SPGA) for an historic
preservation special permit (HPSP).
D.
Historic eligibility. Any historic building or structure, as defined
below, may qualify for eligibility under this section if:
(1)
It is included on any of the following lists or surveys or meets
the following criteria:
(a)
National Register of Historic Places or pending nominations
in good standing;
(b)
State (Commonwealth of Massachusetts) Register of Historic Places
or pending nominations in good standing;
(c)
Inventory of Historic Assets of the Commonwealth for the City
of Methuen, or designated for inclusion in said inventory; including
those buildings listed for which complete surveys may be pending;
(d)
Properties in existence on or before 100 years from the date
of the application for an historic preservation special permit;
(e)
Properties within the Searles Nevins Tenney Historic District;
and
(2)
It has been determined by a vote of the Methuen Preservation
Committee to be historically or architecturally significant.
E.
Findings required.
(1)
In
order to grant a special permit, the SPGA shall determine:
(a)
That the uses authorized by this special permit or the modification
of standards and requirements authorized are necessary to maintain
the historic or architecturally significant building or structure
on the site on which it was originally constructed or to relocate
it to such a site;
(b)
That the proposed renovation, repair, additions, adaptive reuse
or removal preserves, to the maximum extent feasible, the historical
and architectural features of the building or structure;
(c)
That failure to grant the special permit is likely to result
in inappropriate use or physical modification or pursuit of a demolition
permit; and
(d)
That the proposed use will not generate negative impacts to
the surrounding area or zoning district or that any negative impacts
generated may be feasibly mitigated.
(2)
Priority in granting special permits under this historic preservation
ordinance shall, in all cases, be placed upon keeping buildings and
structures in place, rather than moving them to other locations, provided
that the existing siting can be shown to represent valid historical
setting and context. Moving of buildings, structures and elements
to other locations shall be considered only if no other preservation
measures are practical or reasonable on the existing site, or if the
proposed removal is to return a building or structure to an original
or more historically accurate location. The SPGA shall determine the
validity of any such requests.
F.
Parent parcel. The parent parcel is the original parcel of land containing
the historically or architecturally significant building or structure.
G.
The SPGA may grant a special permit to authorize certain uses as
listed below, create new lots or construct one new dwelling unit on
the parent parcel. It is the intent of this ordinance that only one
of these options will be granted for the parent parcel.
H.
Special permit for a use on the parent parcel.
(1)
The SPGA may grant a special permit to authorize certain uses,
listed below, not otherwise allowed in the Table of Use Regulations
for the zoning district of the parent parcel.
(2)
The following uses, as defined in this Zoning Ordinance, may
be allowed in any zoning district by special permit:
(a)
Single-family dwelling.
(b)
Two-family dwelling or multifamily dwelling. Each dwelling unit
shall be an independent dwelling unit intended for use by a single
family with its own bath and toilet facilities and its own kitchen.
The square footage of the interior living space of each dwelling unit
shall be not less than 1,000 square feet.
(c)
Conversion of municipal buildings to residential use.
(d)
Office, general.
(e)
Office, medical.
(f)
Hospice facility.
(g)
Funeral parlor.
(h)
Customary home occupation. The SPGA may allow greater than 25%
of the existing gross floor area of the dwelling unit and/or more
than 700 square feet to be devoted to such use.
(i)
Assisted living.
(j)
Nursing/Rest home, long-term care facility.
(3)
If it is determined to be in the best interest of the overall project to meet the goal of historic preservation, then the SPGA may waive the front, side and rear yard setbacks for zoning district of the parent parcel and the Article VIII parking and loading requirements.
(4)
Any new use or modified dimensional standards must be in keeping
with and enhance the overall historic and/or architecturally significant
nature of the parent parcel and adhere to design guidelines of the
Historic District Commission.
I.
Special permit for the creation of one new lot from the parent parcel.
(1)
The SPGA may grant a special permit to modify certain dimensional
standards for the creation of one new lot from the parent parcel.
(2)
In order to create one new lot, the parent parcel must conform
to the minimum lot area and frontage requirements contained in Appendix
B, Table of Dimensional Regulations, for that zoning district.[1]
[1]
Editor's Note: The Table of Dimensional Requirements is included
as an attachment to this chapter.
(3)
If the parent parcel conforms to the minimum lot area and frontage
requirements, then one new lot may be created from the parent parcel;
however, both the new lot and the parent parcel must contain a minimum
of 50% of the required frontage and area for the zoning district of
the parent parcel.
(4)
If it is determined to be in the best interest of the overall
project to meet the goal of historic preservation, then the SPGA may
waive the front, side and rear yard setbacks for the zoning district
of the parent parcel.
(5)
The dwelling unit to be constructed on the new lot must be in
keeping with and enhance the overall historic and/or architecturally
significant nature of the parent parcel and adhere to design guidelines
of the Historic District Commission.
J.
Special permit for the construction of one additional dwelling unit
on the parent parcel.
(1)
The SPGA may grant a special permit authorizing the construction
of one additional dwelling unit on the parent parcel.
(2)
In order to construct one additional dwelling unit, the parent
parcel must conform to the minimum lot area and frontage requirements
contained in Appendix B, Table of Dimensional Regulations, for the
zoning district of the parent parcel.[2]
[2]
Editor's Note: The Table of Dimensional Regulations is included
as an attachment to this chapter.
(3)
The additional dwelling unit must be in keeping with and enhance
the overall historic and/or architecturally significant nature of
the parent parcel and adhere to design guidelines of the Historic
District Commission.
K.
Relocation of an existing historic building or structure.
(1)
If the historic building or structure is to be relocated, the
SPGA shall determine whether or not it can be placed on a new lot
without detrimental effect to abutting properties or the street on
which the lot has its frontage.
(2)
If the historic building or structure is to be relocated, a
map showing the route over which the historic structure or building
will be moved must be submitted for review and approval by the SPGA,
with input from the Police Chief, Fire Chief and the Director of Public
Works approving the route. It is the responsibility of the applicant
to contact and obtain approvals (if needed) from utility companies
having overhead cables, lines or wires along the route, and from the
Massachusetts Highway Department if a state roadway is involved and
from the Director of Public Works, Police Chief and Fire Chief of
any city or town included on the route. The applicant is responsible
for any costs associated with police supervision along the route.
(3)
In the event that the owner of the lot wishes to make changes
to the historic building or structure after it is relocated, the owner
must seek a modification of the special permit from the Community
Development Board. The Community Development Board shall request that
the Historic District Commission review the proposal and provide a
recommendation prior to its decision.
L.
Procedural requirements. The following shall be submitted to the
Community Development Board as part of the application process:
(1)
Applications, site plans, architectural plans and other documents
as may be required in accordance with the rules and regulations of
the Board.
(2)
A statement from the Methuen Preservation Committee that the
historic building or structure found on the property is historically
or architecturally significant and any recommended conditions for
the special permit, or demonstrate that said property is within the
Searles Nevins Tenney Historic District.
(3)
A statement detailing all of the proposed changes to be made
to the historic building or structure. The SPGA may seek input from
the Historic District Commission regarding any proposed changes.
(4)
Detailed plans and architectural renderings for the restoration
of the historic building or structure and any new buildings or structures
proposed. Any new buildings or structures must be in keeping with
the historic and/or architecturally significant nature of the parent
parcel.
(5)
Statement from the applicant as to the financial cost of restoring
the historic building or structure, demonstrating the need for the
incentives allowed by this special permit in order to restore and
preserve the historic building or structure.
M.
Conditions to be imposed on all HPSPs.
(1)
The applicant shall record at the Registry of Deeds an historic
preservation restriction on the parent parcel in a form approved by
the Community Development Board, which shall at a minimum provide
for conditions under which alterations, additions or modifications
may be made.
(2)
The applicant shall take all actions necessary to have the parent
parcel included in the Methuen Historic District as required by MGL
c. 40C.
(3)
When the decision of the Community Development Board on the
application for the creation of one new lot has become final, the
applicant shall submit the plan upon which the decision is based to
the Community Development Board for certification as an "approval
not required" plan pursuant to MGL c. 41, § 81P. The notice
of decision of the Community Development Board, the approved and endorsed
historic preservation restriction with any required mortgagee subordination
and the approval-not-required plan certified by the Planning Board
shall be recorded concurrently at the Registry of Deeds.
(4)
The historically significant building or structure must be restored
in keeping with the Design Guidelines of the Methuen Historic District
Commission. The SPGA may seek input from the Historic District Commission
regarding any proposed changes and may impose conditions related to
the time frame for the completion of the restoration.
(5)
The SPGA may require performance guarantees to ensure completion
of the requirements of this special permit.
(6)
In the event of a catastrophic event which results in damage
to the historic building or structure such that it cannot be repaired,
the owner may rebuild on the lot, provided that:
(a)
The new dwelling does not contain more than the same interior
floor area as the historic building or structure and meets one of
the following requirements:
(b)
The new dwelling must be in keeping with and enhance the overall
historic and/or architecturally significant nature of the parent parcel
and adhere to design guidelines of the Historic District Commission.
[Added eff. 6-15-2015 by Ord. No. 890]
A.
Purpose: to provide for the placement of registered marijuana dispensaries
(RMDs) and off-site medical marijuana dispensaries (OMMD), in accordance
with the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App.
§ 1-1 et seq.,[1] in locations suitable for lawful medical marijuana facilities
and to minimize adverse impacts of RMDs and OMMDs on adjacent properties,
residential neighborhoods, historic districts, schools, playgrounds
and other locations where minors congregate by regulating the siting,
design, placement, security and removal of RMDs and OMMDs.
[1]
Editor's Note: MGL c. 94C, App. § 1-1 et seq. was
repealed in 2017. See now MGL c. 94G and c. 94I.
B.
MARIJUANA-INFUSED PRODUCT (MIP)
OFF-SITE MEDICAL MARIJUANA DISPENSARY (OMMD)
REGISTERED MARIJUANA DISPENSARY (RMD)
(1)
(2)
Definitions. Where not expressly defined in the ordinance, terms
used in this section of the ordinance 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 (DPH)
regulations promulgated thereunder, 105 CMR 725.001 et seq.,[2] and otherwise by their plain language.
(As defined in 105 CMR 725.004.[3]) A product infused with marijuana that is intended for
use or consumption, including but not limited to edible products,
ointments, aerosols, oils and tinctures. These products, when created
or sold by an RMD or OMMD, shall not be considered a food or a drug
as defined in MGL c. 94, § 1.
A registered marijuana dispensary that is located off-site
from the cultivation/processing facility (and controlled and operated
by the same registered and approved not-for-profit entity which operates
an affiliated RMD), but which serves only to dispense the processed
marijuana, related supplies and educational materials to registered
qualifying patients or their personal caregivers in accordance with
the provisions of 105 CMR 725.000.[4]
A not-for-profit entity registered under 105 CMR 725.000,[5] also known as a "medical marijuana treatment center,"
that acquires, cultivates, possesses, processes (including development
of related products such as edible MIPs, tinctures, aerosols, oils
or ointments), transfers, transports, sells, distributes, dispenses
or administers marijuana, products containing marijuana, related supplies
or educational materials to registered qualifying patients or their
personal caregivers. Unless otherwise specified, "RMD" refers to the
site(s) of dispersing, cultivation and preparation of marijuana.
The cultivation and processing of medical marijuana, including
the production of MIPs, in accordance with these regulations, is considered
to be a manufacturing use and is not agriculturally exempt from zoning.
C.
Additional requirements/conditions. In addition to the standard requirements
for a special permit, the following shall also apply to all registered
marijuana dispensaries (RMD) and off-site medical marijuana dispensaries
(OMMD):
(2)
Location.
(b)
No RMD or OMMD facility shall be located within 500 feet of
a residence, a building containing residences (including commercial
residential uses such as hotels, motels, lodging houses, etc.) or
a residential zoning district or the Conservancy District (CN) Zone.
(c)
No RMD or OMMD facility shall be located inside a building containing
residential units, including transient housing such as lodging houses,
motels and dormitories.
(d)
If the proposed RMD or OMMD is located on a separate parcel
from the protected uses identified in this section, then the distance
under this section is measured in a straight line from the nearest
point of each property line of the protected uses identified in this
section to the nearest point of the property line of the proposed
RMD or OMMD.
(e)
If the proposed RMD or OMMD is located on the same parcel as
the protected uses identified in this section, then the distance under
this section is measured in a straight line from the nearest point
of the building housing the protected uses identified in this section
to the nearest point of the building housing the proposed RMD or OMMD.
D.
Special permit granting authority. The Community Development Board
shall be the special permit granting authority (SPGA) for an RMD and
OMMD special permit.
E.
Application.
(1)
In addition to the materials required in Article XI, Special Permits, the applicant shall include:
(a)
Application in a form and manner as set forth in the rules and
regulations of the Community Development Board.
(b)
The name and address of each owner of the RMD or OMMD facility/operation.
(c)
A copy of the RMD certificate of registration from the Massachusetts
Department of Public Health (DPH).
(d)
Evidence that the applicant has site control and right to use
the site for a RMD or OMMD facility in the form of a deed or valid
purchase and sale agreement or, in the case of a lease, a notarized
statement from the property owner and a copy of the lease agreement.
(e)
A detailed floor plan of the premises that identifies the square
footage available and describes the functional areas of the RMD or
OMMD, including areas for any preparation of MIPs.
(f)
Design and appearance of proposed buildings, structures, freestanding
signs, screening and landscaping and lighting.
(g)
A copy of the operational plan for the cultivation of marijuana,
including a detailed summary of policies and procedures for cultivation
of marijuana, including a detailed summary of policies and procedures
for cultivation approved by the Department of Public Health (DPH).
(h)
If the RMD intends to produce MIPS, a description of the types
and forms of MIPs that the RMD intends to produce, and the methods
of production as approved by the DPH.
(i)
A copy of the detailed written operating procedures required
by 105 CMR 725.105(A)[9] approved by DPH, which shall include but not be limited
to provisions for:
[1]
Security measures in compliance with 105 CMR 725.110.
[2]
Employee security policies, including personal safety and crime
prevention techniques.
[3]
A description of the RMD's or OMMD's hours of operation and
after-hours information, which shall be made available to law enforcement
officials.
[4]
Storage of marijuana in compliance with 105 CMR 725.105(d).
[5]
Emergency procedures, including a disaster plan with procedures
to be followed in case of fire or other emergencies.
[6]
Written policies and procedures for the production and distribution
of marijuana, which shall include but not be limited to:
[9]
Editor's Note: See now 935 CMR 500 et seq.
(j)
A description of any waivers from DPH regulations issued for
the RMD.
(2)
The SPGA shall refer copies of the application to the Building
Department, Fire Department, Police Department, Board of Health, the
Conservation Commission and the Engineering Department. These boards/departments
shall review the application and shall submit their written recommendations.
Failure to make recommendations within 35 days of referral of the
application shall be deemed lack of opposition.
(3)
After notice and public hearing and consideration of application
materials, consultant reviews, public comments and the recommendations
of other town boards and departments, the SPGA may act upon such a
permit.
F.
Special permit conditions on RMDs. The SPGA shall impose conditions
reasonably appropriate to improve site design, traffic flow and public
safety, protect water quality, air quality and significant environmental
resources, preserve the character of the surrounding area and otherwise
serve the purpose of this section.
G.
The permit holder shall provide to the Zoning Enforcement Officer
and Chief of the Police Department the name, telephone number and
electronic mail address of a contact person in the event that such
person needs to be contacted after regular business hours to address
an urgent issue. Such contact information shall be kept updated by
the permit holder.
H.
The special permit shall be issued for an initial period of five
years of its issuance. If there are no violations and/or breaches
of the conditions of the special permit during that time frame, the
special permit shall be automatically renewed.
I.
The special permit shall be limited to the current applicant and
shall lapse if the permit holder ceases operating the RMD.
J.
The special permit shall lapse upon the expiration or termination
of the applicant's registration by DPH.
K.
The permit holder shall notify the Zoning Enforcement Officer and
SPGA in writing within 48 hours of the cessation of operation of the
RMD or the expiration or termination of the permit holder's registration
with DPH.
L.
Exemption from RMD special permit requirement. RMDs that demonstrate that they are protected pursuant to the agricultural exemption under MGL c. 40A, § 3 are not required to obtain a special permit, but shall apply for site plan approval pursuant to Article XII of the Zoning Ordinance.
M.
Prohibition against nuisances. No use shall be allowed which creates
a nuisance to the surrounding area, or which creates any hazard, including,
but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious
dust, vapors, offensive noise or vibration, flashes, glare, objectionable
effluent or electrical interference, which may impair the normal use
and peaceful enjoyment of any property, structure or dwelling in the
area.
N.
Severability. The provisions of this ordinance are severable. If
any provision, paragraph, sentence or clause of this ordinance or
the application thereof to any person, establishment or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this ordinance.
[Added 2-14-2019 by Ord.
No. 933]
A.
Findings and purpose. By vote at the State Election on November 8,
2016, the voters of the commonwealth approved a law regulating the
cultivation, processing, distribution, possession and use of marijuana
for recreational purposes (MGL c. 94G, "Regulation of the Use and
Distribution of Marijuana Not Medically Prescribed"). Effective December
15, 2016, the law allows certain personal use and possession of marijuana,
and further requires the Cannabis Control Commission to issue regulations
regarding the licensing of commercial marijuana activities on or before
March 15, 2018, and subsequently to accept license applications for
commercial operations beginning on April 1, 2018. Nonmedical marijuana
establishments as defined by MGL c. 94G are not otherwise contemplated
or addressed under the present Zoning Ordinance. The regulations promulgated
by the Cannabis Control Commission provide important guidance on aspects
of local regulation of recreational marijuana establishments, as well
as details on how the City may further restrict commercial sales of
recreational marijuana by local ballot questions. The regulation of
recreational marijuana raises novel legal, planning and public safety
issues, necessitating time to study and consider the regulation of
recreational marijuana establishments and address such issues, as
well as to address the potential impact of the aforementioned state
regulations on local zoning; and to undertake a planning process to
consider amending the Zoning Ordinance regarding regulation of recreational
marijuana establishments. The City has been engaged in a planning
process, including the formation of a Cannabis Policy Working Group
comprised of City staff, representatives from the City Council, legal
counsel and representatives from the community, to review these matters
and make recommendations concerning the local regulation of recreational
marijuana establishments. The City initially adopted a Temporary Moratorium
on Recreational Marijuana Establishments extending until November
1, 2018. The City intends to extend its temporary moratorium on the
use of land and structures in the City for recreational marijuana
establishments so as to allow the City additional time to complete
its planning process to address the effects of such structures and
uses in the City and to adopt provisions of the Zoning Ordinance in
a manner consistent with sound land use planning goals and objectives.
B.
MARIJUANA ACCESSORIES
MARIJUANA or MARIHUANA
(1)
(2)
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MARIJUANA PRODUCTS
MARIJUANA RETAILER
RECREATIONAL MARIJUANA ESTABLISHMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Equipment, products, devices or materials of any kind that
are intended or designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, ingesting, inhaling or otherwise introducing
marijuana into the human body.
All parts of any plant of the genus Cannabis, not excepted
below and whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin,
including tetrahydrocannabinol as defined in MGL c. 94C, § 1;
provided that "marijuana" shall not include:
The mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature
stalks, fiber, oil or cake made from the seeds of the plant or the
sterilized seed of the plant that is incapable of germination;
Hemp; or
The weight of any other ingredient combined with marijuana to
prepare topical or oral administrations, food, drink or other products.
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 marijuana establishments and to deliver, sell
or otherwise transfer marijuana and marijuana products to marijuana
establishments and to consumers.
A nonmedical marijuana cultivator, marijuana testing facility,
marijuana product manufacturer, marijuana retailer or any other type
of licensed marijuana-related business as defined in MGL c. 94G, § 1
and 935 CMR 500.002.
C.
Temporary moratorium. For the reasons set forth above and notwithstanding
any other provision of the Zoning Ordinance to the contrary, the City
hereby extends its temporary moratorium on the use of land or structures
for recreational marijuana establishments (which includes dispensing,
processing and cultivation activities, and other related activities
to the sale, storage and distribution of marijuana for nonmedical
use and the operation of a recreational marijuana establishment for
nonmedical use). The moratorium shall be in effect through June 30,
2019, or until the City adopts a zoning ordinance regulating or prohibiting
recreational marijuana establishments, whichever occurs sooner. During
the moratorium period, the City shall continue to engage in the planning
process to address the potential impacts of recreational marijuana
in the City, consider the regulations of the Cannabis Control Commission
regarding recreational marijuana and related uses and shall consider
adopting new zoning ordinances to address the impact and operation
of recreational marijuana establishments (which includes dispensing,
processing and cultivation activities, and other related activities
to the sale, storage and distribution of marijuana for nonmedical
use and the operation of a marijuana establishment for nonmedical
use).
D.
Severability. The provisions of this ordinance are severable. If
any provision, paragraph, sentence or clause of this ordinance or
the application thereof to any person, establishment or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this ordinance.
