[Amended 10-21-2024 STM by Art. 17]
A. 
Purpose and intent. The purpose of this bylaw is to encourage development of new housing that is affordable to low- and moderate-income households. At minimum, affordable housing produced through this bylaw should be in compliance with the requirements set forth in Massachusetts General Laws (MGL) c. 40B, §§ 20 through 23, and other affordable housing programs developed by state, county, and local governments. It is intended that the affordable housing units that result from this bylaw be considered as local action units, in compliance with the requirements for the same as specified by the Massachusetts Executive Office of Housing and Livable Communities (EOHLC).
B. 
Definitions.
AFFORDABLE HOUSING RESTRICTION
A contract, mortgage agreement, deed restriction, or other legal instrument acceptable in form and substance to the Town of Westborough, that effectively restricts occupancy of an affordable housing unit to a qualified purchaser or renter, and which provides for administration, monitoring, and enforcement of the restriction during the term of affordability. An affordable housing restriction shall run with the land in perpetuity or for the maximum period allowed by law and be entered into and enforceable under the provisions of MGL c. 184, §§ 31 through 33, or other applicable provision of state law.
AFFORDABLE UNITS
A dwelling unit that is affordable to and occupied by a low- or moderate-income household and meets the requirements for inclusion on the Massachusetts EOHLC Chapter 40B Subsidized Housing Inventory (SHI). Affordable units shall remain affordable in perpetuity. These units shall have the same construction methods, physical characteristics as, and be intermingled with, other units in the development of which they are a part.
AREA MEDIAN INCOME (AMI)
The median family income for the metropolitan area that includes the Town as defined in the annual schedule of low- and moderate-income limits published by the U.S. Department of Housing and Urban Development (HUD), adjusted for household size.
EOHLC
The Massachusetts Executive Office of Housing and Livable Communities, or any successor agency.
HOUSING DEVELOPMENT PROJECT
Any development which results in the construction of additional dwelling units, whether by new construction and/or by the alteration, expansion, reconstruction, or change of pre-existing residential or nonresidential space.
LOCAL INITIATIVE PROGRAM (LIP)
A program administered by EOHLC pursuant to 760 CMR 56.00, or successor regulation, to develop and implement local housing initiatives that produce low- and moderate-income housing, with or without a comprehensive permit as defined in MGL c. 40B, §§ 20 through 23.
LOW INCOME
Household income that does not exceed 50% to 80% of the area median family income (AMI) adjusted for household size as determined by HUD, then in effect.
MODERATE INCOME
Household income that does not exceed 80% to 120% of the area median family income (AMI) adjusted for household size as determined by HUD, then in effect.
QUALIFIED AFFORDABLE HOUSING PURCHASER or TENANT
A low- or moderate-income household that purchases or rents and occupies an affordable housing unit as its principal residence.
SUBSIDIZED HOUSING INVENTORY (SHI)
Chapter 40B Subsidized Housing Inventory as provided in 760 CMR 56.03, or successor regulation.
WESTBOROUGH AFFORDABLE HOUSING TRUST FUND
The affordable housing trust authorized by vote of the 2020 Special Town Meeting and existing under MGL c. 44, § 55C.
C. 
Applicability. In all zoning districts, the provisions of this section shall apply to:
(1) 
Any housing development project, other than a conventional subdivision, that results in the creation of 10 or more dwelling units, whether by new construction or by the alteration, expansion, reconstruction, or change of existing residential or nonresidential space including mixed-use developments; and
(2) 
To address the possible segmentation of projects over time, any construction that results in a net increase of 10 or more dwelling units measured over any five-year period will be subject to the provisions of this section.
(3) 
The provisions of this section shall not apply to multi-family dwelling units in the MCMOD (§ 4.11). Multi-family dwelling units constructed within and pursuant to the requirements of the MCMOD (§ 4.11) shall be subject to the affordability requirements set forth in § 4.11L.
D. 
Mandatory provision of affordable units.
(1) 
All housing development projects shall allocate a percentage of the total number of dwelling units as affordable units. Affordable units are divided into two tiers based on their level of affordability. Tier 1 represents units affordable to households at or below 50% of AMI and units affordable to households with annual gross incomes at or below 80% of AMI; and Tier 2 represents middle-income units affordable to households with annual gross incomes greater than 80% AMI, but at or below 120% of AMI.
Tier Level
Percentage Required
Tier 1: 50% - 80% AMI (rental projects)
80% (ownership projects)
15%
Tier 2: 120% AMI
5%
Total
20%
(2) 
For rental housing development projects, under Tier 1, the AMI used for establishing rent and income limits for these affordable units must average no more than 70% of AMI. Alternatively, at least 50% of such units may be priced for households having incomes at 50% AMI and the remaining affordable units may be priced for households at 80% of AMI.
(3) 
For the purpose of calculating the number of units of affordable housing required within a development project, a fractional unit shall be rounded up to the next whole number.
(4) 
The units that are to be designated affordable must comply with the requirements of EOHLC or a successor agency. Such units shall have deed restrictions regarding affordability which will continue in perpetuity and will allow the units to count as state-recognized affordable units.
(5) 
In the event that an approved rental housing proposal is converted to ownership units at any time, then the percentage of affordable units, as described above, shall be 20% of the total dwelling units. The affordable units must be subject to restrictions sufficient to maintain perpetual affordability exclusively to persons with qualifying incomes and to qualify the units as affordable under the Local Initiative Project Unit Application criteria of EOHLC. The applicant shall be responsible for preparing the marketing plan and obtaining EOHLC approval of the affordable units such that they are included in the Town's inventory of affordable housing.
E. 
Contribution in lieu of on-site units. The inclusionary zoning requirements of this section may be satisfied through monetary contributions in lieu of providing inclusionary units under the following circumstances:
(1) 
By special permit from the Planning Board, where the Planning Board makes specific findings that there will be an unusual net benefit to achieving the Town's housing objectives as a result of allowing a monetary payment rather than requiring the development of inclusionary units. The findings shall include the current balance of the Affordable Housing Trust Fund and the Town's current Subsidized Housing Inventory (SHI) as measured and described in MGL c. 40B.
(2) 
The monetary payment per unit shall be equal to two times the most current HUD income limit for a household of four in the metropolitan area that includes Westborough.
(3) 
Such contribution shall be made to fund designated for affordable housing related needs such as the Affordable Housing Trust Fund, the Westborough Housing Authority, the Senior/Disabled Tax Relief Fund, or the Westborough Youth and Family Services for housing related case management, or other alternatives deemed suitable to the Planning Board.
F. 
Preservation of affordability.
(1) 
All ownership home development projects with affordable units shall provide deed restrictions on the applicable units to ensure that they remain affordable housing units in perpetuity. The deed restriction shall be consistent with deed riders approved by EOHLC for affordable housing programs it administers and shall grant the Town the right of first refusal to purchase any ownership units in the event that a qualified purchaser cannot be obtained.
(2) 
All multi-family rental developments with affordable units shall provide a regulatory agreement for the applicable units to ensure that they remain affordable housing units in perpetuity. The regulatory agreement shall be consistent with regulatory agreements approved by EOHLC for affordable housing programs it administers, and shall grant the Town, the Affordable Housing Trust, or the Westborough Housing Authority, as agreed to by the Planning Board, the right of first refusal to lease any rental unit in the event that a qualified tenant cannot be obtained.
(3) 
The right of refusal in the deed restriction or regulatory agreement, as applicable, shall be for a period of not less than 90 days from receipt of the notice that, despite diligent efforts, a subsequent qualified purchaser or tenant cannot be obtained.
(4) 
In the event that any rental unit is converted to an ownership unit, the unit shall be restricted in perpetuity, per the requirements for home-ownership developments, and the restriction shall be established at or before the time of the first ownership purchase of the unit.
(5) 
The Planning Board may designate the Affordable Housing Trust or its agent, or other suitable entity engaged in the creation, maintenance or preservation of affordable housing, to monitor, oversee, and administer the resale or re-lease of any affordable units created under this bylaw to ensure compliance with the requirements of the bylaw and applicable affordability restrictions.
G. 
General provisions.
(1) 
Development applicants are encouraged to consult with the Town, including the Affordable Housing Trust, early in the development process concerning the Town's affordable housing needs and the optimum manner in which the Town's needs and the applicant's affordable housing requirement can be met by the proposed development consistently with any housing and/or master plan then in effect.
(2) 
Each affordable unit shall be subject to an affordable housing restriction as defined herein. The developer shall be responsible for preparing any documentation required by EOHLC and the Town to qualify the unit for listing on the SHI.
(3) 
The developer shall provide an Affirmative Fair Housing Marketing and Resident Selection Plan (AFHMP) for all affordable units, which, at a minimum, meets the requirements set out in the Comprehensive Permit Guidelines of the EOHLC as in effect at the time of application. Copies of the plan shall be provided to the Town of Westborough Planning Department and Affordable Housing Trust, on an annual basis.
(4) 
Developers may sell affordable for-sale units to the Town, the Affordable Housing Trust, or to a private nonprofit entity serving the Town for the purpose of providing affordable housing opportunities, marketing the affordable housing units, and managing the selection of buyers. All costs shall be paid by the developer and placed in escrow if required. Nothing herein shall be construed as requiring the Town, the Affordable Housing Trust, or a private nonprofit entity serving the Town to purchase affordable for-sale units if offered by a developer.
H. 
Local preference. To the extent practicable and consistent with reasonable marketing efforts, local preference shall be given for the maximum number of affordable housing opportunities in each development subject to this bylaw. To the extent permitted by law, and to the extent permitted by programs under the jurisdiction of EOHLC, local preference for all rentals, sales and resales shall be given as follows, but not necessarily in this order:
(1) 
Current residents living in the Town at the time of the development application;
(2) 
Employees of businesses located in the Town;
(3) 
An individual employed by the Town;
(4) 
Active-duty servicemen or servicewomen, and veterans as defined in MGL c. 4, § 7, clause 43. Pursuant to MGL c. 40A, § 18, the Town may enter into an agreement with a housing developer or residential development owner to provide a preference for affordable housing to low- or moderator-income veterans according to the requirements and conditions contained therein.
I. 
Development standards.
(1) 
Affordable units shall be:
(a) 
Integrated with the rest of the development and shall be compatible in design, appearance, and construction with the other units and/or lots;
(b) 
Dispersed throughout the development;
(c) 
Located such that the units have equal access to shared amenities, including light and air, and utilities (including any bicycle storage and/or electric vehicle charging stations) within the development;
(d) 
Distributed proportionately among unit sizes; and
(e) 
Distributed proportionately across each phase of a phased development.
(2) 
To the extent permitted by law, 25% of the affordable units must be a fully accessible unit, as defined under the Americans with Disabilities Act (ADA).
(3) 
At a minimum, the affordable units must have an equivalent level of accessibility as that of the market-rate units, and the affordable units must have an equivalent mix of disabled-accessible units as that of the market-rate units.
(4) 
A phasing schedule shall be provided for all housing development proposals at the time of building permit application.
(5) 
No certificate of occupancy shall be issued for any market-rate units in a development subject to this bylaw until all deed restrictions, agreements with the Town, and/or other documents necessary to ensure compliance by the applicant (and any purchasers of the affordable housing units) with the requirements of the bylaw have been executed and recorded.
J. 
Conflict with other bylaws. The provisions of this bylaw shall be considered supplemental to the other sections of the Zoning Bylaw. To the extent that a conflict exists between this bylaw and other bylaw provisions, the more restrictive bylaw, or provisions therein, shall apply.
[Amended 10-21-2024 STM by Art. 17; 10-21-2024 STM by Art. 18]
A. 
Purpose. The Highway Business District encompasses the majority of land fronting on Route 9 lying west of Connector Road. The area is highlighted by a series of strip shopping centers, restaurants, other commercial uses, and multi-family residential development. The purpose of this bylaw is to allow additional flexibility for development in the Highway Business District in exchange for providing public benefit amenities and/or a sustainable design, while maintaining an appropriate mix and scale of development.
B. 
Scope and authority. The Planning Board shall be the site plan review authority for any project submitted in accordance with this section. The Highway Business (BA) District allows for expanded density, dimensional standards, and/or open space reduction subject to special permit review, as further described in Subsection K. All applications must meet all applicable dimensional, density, design, drainage, safety, parking, signage, lighting, and other land use standards and regulations set forth in this bylaw for the underlying zone, except for those standards that are specifically modified by the Planning Board in its review of the application for a special permit.
C. 
Permitted uses. Uses shall be permitted as indicated in § 5.1C, Use Regulations Schedule, under the column BA.
D. 
Site plan review. Site plan review shall apply to all uses in the BA Zoning District in accordance with § 3.0 Site Plan Review of the Westborough Zoning Bylaw.
E. 
Rules and regulations. In accordance with MGL Ch. 40A, § 9, the Planning Board has established Procedural Rules and Regulations which guide the applications as specified in this bylaw. The Planning Board may from time to time establish rules and regulations governing special permits and site plan review under this section.
F. 
Public hearing and approval. The Planning Board shall hold a public hearing on any proposal alleging compliance with § 6.2 in accordance with the public hearing and notice requirements of MGL c. 40A, §§ 9 and 11. In considering the grant of a special permit or site plan review for the application, the Planning Board shall make a finding that the provisions of the special permit guidelines of Section 2.3C and this § 6.2 are satisfied.
G. 
Special permit criteria. The Planning Board shall have authority to grant a special permit for a use listed in § 5.1C, Use Regulations Schedule, under column BA. The Board shall evaluate proposed projects and require all such projects to conform to the requirements, standards and guidelines as set forth in this § 6.2 in addition to the opportunity to request waivers as described under § 6.2J.
H. 
Special permit findings and decision.
(1) 
Special permits may be granted unless, because of conditions peculiar to the particular case but not generally true for similar permitted uses on other sites in the same district, it appears that nuisance, hazard or congestion will be created, or for other reasons there will be substantial harm to the neighborhood or derogation from the intent of the bylaw. In the event any special permit required under this bylaw or amendment thereto requires specific findings of the Planning Board as described in MGL c. 40A, § 9, such a finding is mandatory to the granting of such exception.
(2) 
In the case of a residential development project, access shall only be allowed from roadways other than Route 9, unless specifically waived by the Planning Board.
(3) 
The Planning Board may also require, in addition to any applicable conditions specified in this bylaw, such conditions as it finds reasonably appropriate to serve the purposes of this bylaw, including, but not limited to, the following: screening buffers or planting strips, fences, or walls; lighting; regulation of the number and location of driveways, or other traffic features; off-street parking or loading or any other special features beyond the minimum required by this bylaw.
(4) 
The Planning Board shall specifically require project mitigation and/or enhancement of services, including possible integration with other Town services, as appropriate for the type and scale of development proposed.
(5) 
Such conditions shall be provided in writing, and the applicant shall be required to post a performance guarantee to ensure compliance with said conditions in an amount satisfactory to the Planning Board.
(6) 
The special permit is granted for a period of three years and shall lapse if substantial use or construction has not commenced by such date, except for good cause shown as determined by the Planning Board. Once construction has begun, it shall be actively and continuously pursued to completion within a reasonable time.
I. 
Dimensional requirements. All minimum standards in the Highway Business District (BA) shall be consistent with those requirements found in § 5.4A or B with the following exceptions:
(1) 
The limitation on height of buildings shall not apply to chimneys, ventilators, towers, silos, spires, or other ornamental features of buildings, which features are in no way used for living purposes and do not constitute more than 25% of the ground floor area of the building.
(2) 
Renewable energy installations. The Planning Board may waive the height and setbacks in § 5.4 Dimensional Schedule, to accommodate the installation of sustainable features, such as, but not limited to solar photovoltaic, solar thermal, high albedo, green roof, energy storage, and heat pump equipment. Such installations shall not create a significant detriment to abutters in terms of noise or shadow and must be appropriately integrated into the architecture of the building and the layout of the site. The installations shall not provide additional habitable space within the development.
J. 
Waivers. Through a special permit, the Planning Board may waive strict compliance from some or all of the dimensional, parking and sign requirements contained in this bylaw and applicable to any property subject to this district, in accordance with the following procedures:
(1) 
Findings required for a waiver: In addition to the special permit guidelines of § 2.3C of the Westborough Zoning Bylaw, the Planning Board shall make a specific finding, in writing, that a waiver and/or modification will not create conditions which are substantially more detrimental to the existing site and the neighborhood in which the site is located, than if the waiver and/or modification were not granted. As the basis for its decision, the Planning Board shall consider factors, including, but not limited to, the impact of the waiver on traffic; municipal services and facilities; the character of the neighborhood including environmental and visual features; and whether the objectives of these regulations are achieved.
(2) 
Performance standards for waivers: The applicant will be required to demonstrate that the waiver, if granted, will accomplish the following design and performance objectives, as are applicable:
(a) 
Landscaped buffer strips which create a clear visual separation between developed areas and adjacent residential streets and/or residential areas.
(b) 
Landscaped parking areas and landscaped areas adjacent to buildings to provide shade and visual relief from large expanses of impervious surfaces.
(c) 
Improved pedestrian circulation within the subject site and, where possible, create pedestrian access to adjoining sites.
(d) 
Maintenance of all landscaped spaces and buffer areas.
(e) 
Improved vehicular access, reduced curb cuts for access drives, improved on-site circulation.
(f) 
Improved building architecture and facade to achieve compatibility and harmony with the surrounding neighborhood.
(g) 
Improved site signage.
K. 
Open space reduction. Through the issuance of a special permit, the Planning Board may allow a development to reduce the open space requirements in return for providing public benefit amenities and/or sustainable design features which compensate for one or more specific effects of increased density. To qualify for area reduction in the open space requirement, a public benefit amenity and/or sustainable design must be specifically listed in the standards below. Alternatively, the Planning Board has the discretion to determine equivalency and/or the point allocation of public benefit amenities under Subsection K(1) and/or sustainable design elements under Subsection K(2). Should applicants fail to meet the requisite points, they may elect to contribute to the Green Revenue Account in lieu of public benefit amenities and/or sustainable design elements, at the discretion of the Planning Board. Any proposed project seeking a reduction of the open space requirements shall obtain a maximum of 12 points which will be included in the calculation towards a reduction in the required open space requirement as stated Table 1: Point Allocation for Open Space Requirement. In no case shall the open space requirement be less than 30% of the total lot size. Points are allocated as described in the subsections below. A development may choose to include one or multiple items in order to obtain the maximum of 12 points. The Planning Board shall adopt regulations detailing the calculation formula for this point system and the eligible options that may be utilized to reduce the open space requirement.
Table 1: Point Allocation for Open Space Requirement
Number of Points
Open Space Requirement
12
30%
10
35%
8
40%
6
45%
4
50%
2
55%
(1) 
Public benefit amenity. A public benefit amenity that is a physical space shall be one to which the public is assured access on a regular basis, or an area that is dedicated to and accepted by the Town for public use and/or open space preservation purposes.
(a) 
The number of points calculated for the transfer of undeveloped land is calculated based on the square footage of the reduction in the open space requirement. For example, a 100,000 sq. ft. lot, seeking an open space requirement of 30%, shall provide a separate parcel of land equal or greater than 30,000 sq. ft. and would be entitled to a total of 12 points.
(b) 
The undeveloped land must be transferred to one of the following entities: The Town of Westborough, which shall use this land as a public benefit amenity; a nonprofit organization primarily focused on conserving open spaces and natural resources. If a corporation or trust is chosen, ownership of the land will transfer with the conveyance of the lot(s). If the land is transferred to a nonprofit organization, and not the Town of Westborough, a local Conservation Restriction, enforceable by the Town of Westborough, must be placed on the property and recorded with the Worcester County Registry of Deeds.
(2) 
Sustainable design. A sustainable design feature is an integrated element or system within a development that enhances environmental performance, conserves resources, or promotes renewable energy use. This feature must be permanently incorporated into the building or site design and provide measurable sustainability benefits, such as energy efficiency, water conservation, or improved air quality, contributing to the long-term environmental goals of the Town. Only elements implemented subsequent to the passage of this bylaw at Town Meeting shall be eligible. Additional information may be found as an attachment to the Planning Board Rules and Regulations.
(3) 
Contribution of fee in lieu. In lieu of improvements, the applicant may also elect to contribute to the Green Revenue Account, as provided under M.G.L., Ch. 44, Section 53K. The payment shall be calculated based on the number of points requested according to Table 1: Point Allocation for Open Space Requirement. In no case can the points allocated for a contribution exceed 8 points. The payment calculation may be found as an attachment to the Planning Board Rules and Regulations.
(a) 
A fee imposed in accordance with this section becomes payable no sooner than the issuance of the building permit at the start of construction, which could involve site preparation activities. This fee must be placed into the Green Revenue Account.
(b) 
The purpose of a Green Revenue Account will be to fund various purposes related to environmental conservation, sustainability, and green initiatives. Guidelines pertaining to the usage of the funds shall be set by the Select Board.
(c) 
Compliance. The Building Commissioner may not issue any Certificate of Occupancy for development until any authorized in-lieu payment has been made in accordance with this section.
L. 
Parking. Parking requirements can be found in § 8.1 that are applicable to development in the Highway Business (BA) Zoning District, with the addition of the following requirements.
(1) 
Number of bicycle parking spaces. The following minimum numbers of covered bicycle storage spaces shall be provided by use:
Use
Minimum Spaces
Multi-family
0.5 spaces per Residential Dwelling Unit
Mixed-Use (Non-residential)/Commercial
2 spaces per 5,000 sq. ft.
All other uses
Refer to § 8.1 (Parking and Loading Requirements)
(2) 
Bicycle storage. For a multi-family development of 25 units or more, or a mixed-use development of 25,000 square feet or more, covered bicycle parking spaces shall be integrated into the structure of the building(s).
M. 
Affordable housing requirements for residential and mixed-use developments. Development projects with residential uses, including developments with a mix of residential and non-residential uses, are subject to the requirements of Westborough's Inclusionary Zoning Bylaw.[1] The provisions of this section shall not apply to multi-family dwelling units in the MCMOD (§ 4.11). Multi-family dwelling units constructed within and pursuant to the requirements of the MCMOD (§ 4.11) shall be subject to the affordability requirements set forth in § 4.11(L).
[1]
Editor's Note: See § 6.1, Inclusionary zoning.
N. 
Administration. The Zoning Enforcement Officer/Building Commissioner shall be responsible for administering and enforcing the requirements in this section.
O. 
Severability. If any provision of § 6.2 is found to be invalid by a court of competent jurisdiction, the remainder of § 6.2 shall not be affected but shall remain in full force. The invalidity of any provision of this § 6.2 shall not affect the validity of the remainder of the Town of Westborough's Zoning.
A. 
Purpose. The purpose of this section is to:
(1) 
Provide for the public interest by the preservation of open space and natural landscape features in perpetuity, and ensure that residential development, to the maximum possible extent, respects the natural features of the land.
(2) 
Promote housing patterns which are designed to be sensitive to and accommodate a site's physical characteristics. Such features include wetlands and water bodies, topography, vegetation, wildlife habitats, scenic views and vistas, the integrity of ancient ways, historic sites, and the remaining rural character of the community which is exemplified by its farmlands, open field and orchards.
B. 
Applicability. Open space communities shall be allowed within the residential zoning district subject to the requirements of this bylaw for that district and in accordance with the additional requirements specified herein and in the Subdivision Rules and Regulations.
C. 
General requirements. Any parcel of land located within the residential zone containing 10 or more acres shall be considered for open space community development.
(1) 
For major residential development, that is, the potential creation of more than six residential house lots on a property or set of contiguous properties in common ownership, an open space community development is allowed only by special permit issued by the Planning Board, in accordance with § 2.3C.
(2) 
For minor residential development or a parcel of at least five acres but less than 10 acres in size, at the owner's option, an application can be made for an open space community special permit issued by the Planning Board in accordance with § 2.3C in preference to filing a conventional development plan.
D. 
Minimum requirements.
(1) 
Size. The total area of the tract or parcel proposed for the open space community shall be at least 10 acres, and have a minimum of 50 feet of frontage on an existing Town way.
(2) 
Density. The total number of lots shall not exceed the number of lots which could reasonably be expected to be developed under a conventional plan in full conformance with zoning, subdivision regulations, and health codes.
(3) 
Intensity regulations. The Planning Board may grant a reduction of all intensity regulations of the underlying zone regulations for all portions of an open space development if the Board finds that the reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with these regulations, provided that in no instance shall any lot deviate from the following table of requirements:
Table of Requirements
Maximum lot size
15,000 square feet
Minimum lot size
8,000 square feet
Minimum frontage
50 feet
Minimum lot width, at building line
80 feet
Minimum front yard setback
30 feet
Minimum side yard
15 feet
Minimum rear yard
15 feet
(4) 
The minimum front yard setback requirement contained in this bylaw may be waived by the Board in order to achieve the purpose of this bylaw.
E. 
Common open space ownership and management. Common open space in any development under this provision shall be conveyed to:
(1) 
An open space land trust, or any other nonprofit corporation, approved by the Planning Board, the principal purpose of which is the land conservation and the preservation of open space; and/or
(2) 
A corporation, trust or association owned or to be owned by the owners of the lots in the development, hereafter referred to as the "homeowners' association," provided that the land shall be conveyed to the homeowners' association subject to covenants, enforceable by the Town, to keep the dedicated common space, open or in a natural state as approved by the Planning Board; and/or
(3) 
The Town, and may be accepted by it for conservation and/or recreational use; and/or
(4) 
Owners of the lots within the open space community subject to a conservation restriction acceptable to the Board.
F. 
Application and review process. The application process for an open space community development is comprised of two steps. In the first step, the applicant submits a concept plan, as outlined in the Subdivision Rules and Regulations, which describes the overall development plan. The Planning Board shall grant or deny a special permit based upon the information contained in the concept plan. If the special permit is granted, the applicant then submits a preliminary plan based upon the concept plan. The Planning Board reviews the plan and then the applicant submits a definitive subdivision plan which incorporates comments made during the preliminary plan review. Two separate public hearings, one for the special permit and one for the definitive plan, must be held.
G. 
Duration of approval, dedication of open space and recording.
(1) 
Notwithstanding anything to the contrary within/without this bylaw, any special permit granted by the Planning Board for an open space community shall have a life span equal to that of conventional subdivisions.
(2) 
All common open space shall be dedicated and recorded, with covenants, at or prior to the time the permit holder receives a building permit.
H. 
Subsequent to approval. Subsequent to approval of such open space community, no land therein shall be sold and no lot line shall be changed in such a way as to increase the number of lots or the extent of nonconformity with the provisions of § 5.4 of this bylaw.
[Amended 10-21-2024 STM by Art. 17]
In the Town of Westborough the subdivision of land in a residential district shall be completed as follows:
A. 
Where major residential development is proposed, the developer shall prepare two sets of concept plans for the parcel of land to be subdivided. One plan shall describe a conventional subdivision while the second shall describe an open space community according to § 6.3 of this bylaw.
B. 
In accordance with MGL c. 40A, the Planning Board will hold a public hearing to review these conceptual plans. The Board will render a decision within 60 days of the date of the closing of the public hearing as to which development plan the developer shall design. The action of the Board may create a special permit for an open space community in the residential district, if the Board determines that the plan is more beneficial to the Town than the conventional plan. The open space community plan must be, in the judgment of the Planning Board, superior to a conventional plan in preserving open space for conservation, agriculture, or recreation, utilizing natural features of the land, and allowing more efficient provision of public service. The special permit shall be recorded at the Worcester Registry of Deeds.
C. 
The developer may then submit a preliminary plan and then a final definitive plan to the Board for its consideration. For conventional subdivisions, the Subdivision Rules and Regulations and the dimensional use regulations as set forth in § 5.4 shall apply. For open space subdivisions, the Subdivision Rules and Regulations and the requirements of § 6.3 shall apply.
D. 
General:
(1) 
It is the intent of this section to increase the range of housing options for people of different income levels and at different life stages while providing for a variety of housing needs. All residential subdivisions creating lots or dwelling units shall meet the requirements of this section regarding affordable housing.
(2) 
Refer to § 6.1 (Inclusionary Zoning Requirements) of the Zoning Bylaw for requirements.
(3) 
For the purpose of determining the appropriate number of affordable units actually constructed, fractional units shall be rounded up to the nearest whole number.
(4) 
Segmentation. In determining whether a subdivision contains at least five lots and is therefore subject to this affordable requirement, the Planning Board shall consider the entirety of the project, including any likely future expansion, and not separate phases or segments thereof. During or prior to preliminary subdivision review, in conformance with the Rules and Regulations Governing the Subdivision of Land in Westborough, the proponent shall submit a sketch plan showing all adjacent parcels of land, in their entirety, labeled with their current ownership and the owner as of the adoption of this regulation (March 2019),[1] and showing a conceptual layout which utilizes available adjacent land to maximize the number of lots. If the Board determines that the proposed subdivision is part of a larger potential development that could contain five or more lots, then the proposed subdivision will be subject to above affordable housing requirements.
[1]
Editor's Note: This section was originally adopted 3-16-2019.
A. 
Purpose. The purpose of this bylaw is to allow the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate assurance for the eventual decommissioning of such installations.
B. 
Applicability.
(1) 
This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section.[1] This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.
[1]
Editor's Note: This section was originally adopted 10-15-2012.
(2) 
Large-scale ground-mounted solar photovoltaic installations shall only be allowed in the districts as indicated on the Use Regulation Schedule.[2]
[2]
Editor's Note: The Use Regulation Schedule is included as an attachment to this chapter.
C. 
General requirements for all large scale ground-mounted solar photovoltaic installations: The following requirements are common to all large-scale ground-mounted solar photovoltaic installations to be sited in designated locations.
(1) 
Compliance with laws and regulations. The construction and operation of all large scale ground-mounted solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a large-scale ground-mounted solar photovoltaic installation shall be constructed in accordance with the State Building Code.
(2) 
Building permit and building inspection. No large-scale ground-mounted solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.
(3) 
Fees. The application for a building permit for a large-scale ground-mounted solar photovoltaic installation must be accompanied by the fee required for a building permit.
(4) 
Site plan review. Large-scale ground-mounted solar photovoltaic installations shall undergo site plan review by the site plan review authority, as specified under § 3.1 of this Zoning Bylaw, prior to construction, installation or modification as provided in this section.
(5) 
General. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.
(6) 
Setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:
(a) 
Front yard. The front yard shall have a depth of at least 25 feet; provided, however, that where the lot abuts a residential district or residential use within the district allowing large-scale ground-mounted solar photovoltaic installations, the front yard shall not be less than 100 feet;
(b) 
Side yard. Each side yard shall have a depth of at least 25 feet; provided, however, that where the lot abuts a residential district or residential use within the district allowing large-scale ground-mounted solar photovoltaic installations, the side yard shall not be less than 100 feet;
(c) 
Rear yard. The rear yard shall have a depth of at least 25 feet; provided, however, that where the lot abuts a Residential district or residential use within the district allowing large-scale ground-mounted solar photovoltaic installations, the rear yard shall not be less than 100 feet.
(7) 
Additional considerations.
(a) 
Where large-scale ground-mounted solar photovoltaic installations abut residential uses, there must be increased consideration for mitigating visual impact to the residential use. For example, such items as increased setbacks, visual screening or sound buffering and the like may be required by the site plan review authority;
(b) 
Where the installation panels could pose sun glare to abutting properties or roadways, additional screening or other public safety measures may be considered;
(c) 
The site plan review authority reserves the right to hire independent third-party consultants to review large-scale ground-mounted solar photovoltaic installation proposals in consideration of the proposals' impact to surrounding properties or public safety implications. Fees associated with the hiring of these consultants shall be born solely by the project proponent;
(d) 
Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation;
(e) 
Utility notification. No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the site plan review authority that the utility company that operates the electrical grid where the Installation is to be located has been informed of the installation owner or operator's intent to install an interconnected customer-owned generator. Off-grid installations or systems shall be exempt from this requirement;
(f) 
Appurtenant structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, building coverage requirements, lot area, setbacks, sound or noise level generated by equipment, open space and parking. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures shall be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
(8) 
Design standards.
(a) 
Lighting. Lighting of large-scale ground-mounted solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes and shall be of reasonable height and reasonably shielded from abutting properties. Where feasible, light of the large-scale ground-mounted solar photovoltaic installation and appurtenant structures shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
(b) 
Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with § 8.2, Signs and outside displays, of the Westborough Zoning Bylaw. A sign that identifies the owner and provides a twenty-four-hour emergency contact phone number shall be required. Large-scale ground-mounted solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the installation.
(c) 
Utility connections. Reasonable efforts, as determined by the site plan review authority, shall be made to place all utility connections for large-scale ground-mounted solar photovoltaic installations underground on-site, 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 the ground if required by the utility provider.
(9) 
Modifications. All material modifications to a large-scale ground-mounted solar photovoltaic installation made after issuance of the required building permit shall require approval by the site plan review authority.
D. 
Abandonment or decommissioning.
(1) 
Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the site plan review authority by certified mail of the proposed date of discontinued operations and plans for removal. The owner shall be responsible for all associated decommissioning activities and associated costs. Decommissioning shall consist of:
(a) 
Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site;
(b) 
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;
(c) 
Stabilization or revegetation of the site as necessary to minimize erosion. The site plan review authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
E. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AS-OF-RIGHT SITING
"As-of right siting" shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development shall be subject to site plan review to determine conformance with local zoning bylaws. Projects cannot be prohibited, but can be reasonably regulated by the Building Commissioner or local inspector, or the site plan review authority, as provided in §§ 2.1 and 3.1 through 3.5 of this Zoning Bylaw.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC as measured by the sum of the nameplate ratings at standard test conditions of the solar modules installed at the site or a solar installation that utilizes at least 1,000 square feet, including all supporting equipment, appurtenant structures and ground area between solar panels.
A. 
Purpose and intent. This bylaw is enacted pursuant to MGL c. 40A, § 9A, to serve the compelling Town interests of preventing the clustering and concentration of adult entertainment enterprises as defined herein because of the deleterious effect on adjacent areas and in response to studies demonstrating their effect on generating crime and blight.
B. 
General. Special permits issued by the Planning Board in accordance with § 2.3C shall be required to authorize the establishment of adult bookstores, adult video stores, adult paraphernalia stores, adult live entertainment establishments or adult motion-picture theaters or establishments which display live nudity for their patrons as hereinafter defined. Such permit shall require specific improvements, amenities and locations of proposed use for which such permit may be granted.
C. 
Definitions. As used in this section, the following words shall have the following meanings:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31. For purposes herein, "substantial or significant portion of stock" shall mean more than 25% of the subject establishment's inventory or more than 25% of the subject premises' gross floor area.
ADULT LIVE ENTERTAINMENT ESTABLISHMENT
Any establishment which displays live entertainment which is distinguished or characterized by its emphasis depicting, describing or related to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, and which excludes minors by virtue of age.
ADULT MOTION PICTURE THEATER
An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT PARAPHERNALIA STORE
An establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL c. 272, § 31. For purposes herein, "substantial or significant portion of stock" shall mean more than 25% of the subject establishment's inventory or more than 25% of the subject premises' gross floor area.
ADULT VIDEO STORE
An establishment having as a substantial or significant portion of its stock-in-trade videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31. For purposes herein, "substantial or significant portion of stock" shall mean more than 25% of the subject establishment's inventory or more than 25% of the subject premises' gross floor area.
ESTABLISHMENT WHICH DISPLAYS NUDITY FOR ITS PATRONS
Any establishment which provides live entertainment for its patrons which includes nudity, as that term is defined in MGL c. 272, § 31.
D. 
Rules and application requirements.
(1) 
The SPGA, the Westborough Planning Board, shall adopt and from time to time amend rules relative to the issuance of the permits, and shall file a copy of said rules in the office of the Town Clerk.
(2) 
No special permit shall be granted by the Planning Board for an adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater or adult live entertainment establishment unless the following conditions are satisfied:
(a) 
When submitting a proposal for a special permit under § 6.6 of this bylaw, the applicant shall obtain a copy of the application and procedures from the Westborough Planning Board, the permit granting authority. The applicant shall file one copy of the application with the Town Clerk and deliver a second, date-stamped copy of the application to the office of the Planning Board. All applications shall be accompanied by 15 copies of the application and required plans and specifications.
(b) 
Dimensional requirements. The proposed use shall observe the following minimum distance separations from all property lines of the proposed adult uses:
[1] 
A minimum of 1,000 feet from any residential district designated by the Westborough Zoning Bylaw;
[2] 
A minimum of 1,000 feet from any public school, public library, day-care facility, or religious facility;
[3] 
A minimum of 500 feet from any public playground, park, or recreational area where large numbers of minors regularly travel or congregate;
[4] 
A minimum of 1,000 feet from any other adult bookstore, adult video store, adult paraphernalia store, adult live entertainment establishment, or adult motion-picture theater or from any establishment licensed under the provision of MGL c. 138, § 12.
(c) 
No pictures, publications, videotapes, movies, covers, or other implements, items, or advertising that fall within the definition of adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater or adult live entertainment establishment merchandise or which are erotic, prurient, or related to violence, sadism, or sexual exploitation shall be displayed in the windows of, or on the building of, any adult bookstore, adult video store, adult paraphernalia store, adult live entertainment establishment or adult motion-picture theater, or be visible to the public from the pedestrian sidewalks or walkways or from other areas, public or semipublic, outside such establishments.
(d) 
No special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 272, § 28.
(e) 
Adult use special permits shall only be issued following public hearings held within 65 days after the filing of an application with the SPGA, a copy of which shall forthwith be given to the Town Clerk by the applicant. The SPGA shall act within 90 days following a public hearing for which notice has been given by publication or posting as provided in MGL c. 40A, § 11, and by mailing to all parties in interest. Failure by a SPGA to take final action upon an application for a special permit within said 90 days following the date of public hearing shall be deemed to be a grant of the permit applied for. Special permits issued by the Planning Board under this section shall require a vote of at least four members of the Board.
(3) 
A special permit granted under this bylaw shall lapse after six months, and including such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for a good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.
(4) 
Existing adult entertainment enterprises. Any existing adult bookstore, adult motion-picture theater, adult paraphernalia store, adult video store or establishment which displays live nudity for its patrons or adult video store shall apply for such permit with 90 days following the adoption of this section.[1]
[1]
Editor's Note: This section was originally adopted 3-12-1996.
E. 
Severability. If any section of this bylaw is ruled invalid by a court of competent jurisdiction, such ruling will not affect the validity of the remainder of the bylaw.
The zoning of marijuana establishments, medical marijuana treatment and dispensing facilities and, marijuana cultivation uses, including, but not limited to, the sale, use, and consumption of marijuana, marijuana accessories, or marijuana products in the Town of Westborough shall be governed in accordance with this section, § 6.7.
A. 
Purpose. It is the purpose of this section titled "Marijuana establishments, medical marijuana treatment and dispensing facilities and marijuana cultivation":
(1) 
To establish specific zoning standards and regulations for marijuana establishments, medical marijuana centers (treatment and dispensing facilities), marijuana products, marijuana accessories, manufacturers, and marijuana growing and cultivation;
(2) 
To provide for the limited establishment of marijuana establishments and medical marijuana treatment and dispensing facilities in appropriate places and under strict conditions;
(3) 
To minimize the adverse impacts of marijuana establishments, medical marijuana treatment and dispensing facilities and marijuana cultivation on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said uses;
(4) 
To regulate the siting, design, placement, safety, monitoring, modification, and removal of marijuana establishments, medical marijuana treatment and dispensing facilities; and marijuana cultivation.
B. 
Applicability. The cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for either general or medical use is prohibited unless permitted as a medical marijuana treatment and dispensing facility under this section.
(1) 
No marijuana establishments, medical marijuana treatment and dispensing facility or any marijuana cultivation use shall be established except in compliance with the provisions of this section.
(2) 
Nothing in this bylaw shall be construed to supersede federal laws governing the sale and distribution of narcotic drugs.
(3) 
If any provision of this section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this section are severable.
C. 
General. Marijuana establishments, medical marijuana treatment and dispensing facilities and marijuana cultivation shall be authorized by special permit only in district(s) provided, as set forth in § 5.1C, Use Regulation Schedule, of the Zoning Bylaw. Any such special permit issued by the SPGA shall comply with all relevant local, state, and federal laws.
D. 
Disallowance. No marijuana establishments, medical marijuana treatment and dispensing facilities or marijuana cultivation special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 94C, or similar laws in other jurisdictions. Any applicant for special permit under this bylaw must allow for a criminal background check which includes jurisdiction beyond Massachusetts.
E. 
Eligible locations.
(1) 
Any marijuana establishment, medical marijuana treatment and dispensing facility or marijuana cultivation activities permitted under this section shall be located only in a zoning district that is designated for their use within this Zoning Bylaw.
(2) 
No marijuana establishment, medical marijuana treatment and dispensing facilities use or marijuana cultivation activities shall be located within 500 linear feet of a property line where the following districts or activity or uses occur:
(a) 
Any residential district as defined in this Zoning Bylaw;
(b) 
Any school or child-care establishment; or place where minors frequent (e.g., a library, ball field, sports or family recreation facility, religious facility or the like);
(c) 
Any other medical marijuana treatment or dispensing facility or marijuana cultivation site, or any other general retail establishment where marijuana is sold, consumed, used or where marijuana is grown, cultivated, produced, processed or refined.
(d) 
Any drug or alcohol rehabilitation facility;
(e) 
Any correctional facility, halfway house or similar facility; or
(f) 
Any establishment licensed under the provisions of MGL c. 138, § 12.
(3) 
No marijuana or marijuana-based product shall be sold or grown or cultivated, interior or exterior, of a residential dwelling unit or residential district. Growing and related cultivation activities shall occur only in districts as permitted in this bylaw.
(4) 
Separation. Distances shall be calculated by direct measurement from the nearest property line of the land used for school or child-care purposes or places where minors frequent or any other use listed above in § 6.7E to the nearest portion of the building in which the medical marijuana dispensary or marijuana establishment is located.
(5) 
No entitlement or vested rights to permitting. No person shall be deemed to have any entitlement or vested rights to permitting under this bylaw by virtue of having received any prior permit from the Town, including, by way of example only, any zoning permit or any wholesale food manufacturer's license. In order to lawfully engage in the business of selling, cultivating marijuana, or manufacturing marijuana for medical or general use, or marijuana products in the Town on and after the date of passage of this bylaw, any person must qualify for and obtain a special permit in accordance with the requirements of this bylaw.
(6) 
All sales and distribution of medical marijuana by a licensed medical marijuana treatment and dispensing facility shall occur only upon the permitted premises. In addition, the delivery of general retail, nonmedical marijuana to any consumer at any location shall be strictly prohibited unless specifically permitted through the special permit process governed by this section.
(7) 
Signage. Any permitted marijuana establishment or medical marijuana treatment and dispensing facility site shall comply with the requirements of the Town Sign Bylaws at all times. In addition, upon penalty of special permit revocation, no permitted marijuana establishment, medical marijuana treatment and dispensing facility or marijuana cultivation facility shall use any advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors. Off-site signage or advertising in any form, including billboards, shall not be allowed.
(8) 
Visibility. There shall be no visibility of marijuana accessories, activities, products or treatment occurring within or on the premises of a marijuana establishment, medical marijuana treatment or dispensing facility or marijuana cultivation facility from the exterior of such facility or premises.
(9) 
Manufacturing. A local special permit for marijuana or any marijuana product manufacturing may be issued only in locations where marijuana establishments, medical marijuana treatment and dispensing facilities and marijuana cultivation activities are permitted.
(10) 
Cultivation activities. Cultivation, as defined in this bylaw, by any marijuana establishment or medical marijuana treatment and dispensing facility in any location other than where specifically permitted shall be disallowed.
F. 
Term of special permit.
(1) 
Any local special permit issued pursuant to this section shall be valid for a period of two years from the date of issuance. Any renewal of the special permit shall be governed by the standards and procedures set forth in this section and any regulations adopted pursuant thereto by the Planning Board/Building Commissioner and/or Select Board.
(2) 
Notification. Any new applications sought under this section must be publicly advertised for a period of no less than 14 days, not including the date of the required special permit public hearing. Abutters and abutters-to-abutters within 500 feet shall be notified, in writing, of said application, and the notice shall include any and all dates and locations of public hearings on said application.
G. 
Conflict of laws. In the event of any conflict between the provisions of this bylaw and any other applicable state or local law, the stricter provision, as deemed by the Building Commissioner, shall control.
H. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CONSUMER
A person who is at least 21 years of age.
MANUFACTURE
To compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
MARIJUANA
In addition to the commonwealth's definition under MGL c. 94C, for purposes of this bylaw, the term "marijuana" shall include marijuana, marihuana, cannabis, hashish, cannabis seeds, THC (tetrahydrocannabinol) and its derivatives and extracts as well as any substances containing THC, whether in plant, including its flowers, oil, resin, solid, liquid or aerosol form.
MARIJUANA ACCESSORIES
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.
MARIJUANA CULTIVATION
The process of propagation, including germination, using soil, hydroponics, or other mediums to generate growth and maturity. The intended process of bringing a plant or other grown product to maturity for harvesting, sale, refining or use as an ingredient in further manufacturing or processing. This definition encompasses marijuana cultivation related to medical marijuana treatment and dispensing facilities.
MARIJUANA CULTIVATOR
An entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.
MARIJUANA ESTABLISHMENT
A marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.
MARIJUANA PRODUCT MANUFACTURER
An entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
MARIJUANA 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.
MARIJUANA RETAILER
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.
MARIJUANA TESTING FACILITY
An entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants.
MEDICAL MARIJUANA TREATMENT AND DISPENSING FACILITIES
An entity, as defined by Massachusetts Law as a "medical marijuana treatment center," registered under MGL c. 94I, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments or marijuana accessories), transfers, transports, sells, distributes or dispenses medical-use marijuana and related supplies and educational material to qualifying patients or their personal caregivers. It shall also include any establishment having as any portion of its stock-in-trade marijuana or non-FDA-approved marijuana-based products or its active ingredient, THC (tetrahydrocannabinol); or paraphernalia for the consumption or delivery of marijuana or products containing marijuana as allowed for medical uses under Massachusetts Law, including but not limited to retail distribution, wholesale distribution or growth and/or cultivation of marijuana; production or sale of marijuana (cannabis) seeds; or the refinement or manufacturing or sale of marijuana-infused products.
PROCESS or PROCESSING
To harvest, dry, cure, trim and separate parts of the marijuana plant by manual or mechanical means.
Consistent with MGL c. 94G, § 3(a)(2), all types of marijuana establishments as defined in MGL c. 94G, § 1, to include all marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-related businesses, shall be prohibited within the Town of Westborough.