A.
Description. An open space/cluster development shall mean a residential
development in which the buildings are clustered together into one
or more groups on reduced lot sizes with the remaining land permanently
undeveloped.
B.
Purpose. The purpose of open space/cluster development is to allow
for a flexible design in residential development of single-family,
two-family, and multifamily housing. The intention is to:
(1)
Promote a more efficient use of land in harmony with its natural
features;
(2)
Encourage a less sprawling form of development that consumes less
open land;
(3)
Encourage the permanent preservation of open space, agricultural
lands and other natural resources;
(4)
Facilitate the construction and maintenance of streets, utilities,
and public services in a more economical and efficient manner;
(5)
Promote diverse housing at a variety of costs.
C.
Open space/cluster developments are allowed in the Urban Residential
(RA), Suburban Residential (RB), and Rural Residential (RC) zoning
districts subject to site plan review by the Planning Board with the
following regulations and conditions.
D.
Procedures.
(1)
Preapplication review. To promote communication and avoid misunderstanding,
applicants are strongly encouraged to submit preliminary materials
for informal review by the Planning Board prior to formal application.
(2)
Application.
(a)
Applicants for an open space/cluster development shall submit
to the Planning Board 12 copies of an application and 12 prints of
the development plan, with one set being reduced to 11 inches by 17
inches. If the land on the plan involves more than one ownership,
each owner of land included on the plan shall be a party to the application
and, upon plan approval, subject to its provisions for any land shown
on the plan as part of the open space/cluster development.
(b)
The Planning Board approval of a cluster development site plan
hereunder shall not substitute for compliance with the Subdivision
Control Act[1] or oblige the Planning Board to approve a related definitive
plan for subdivision, nor reduce any time periods for Planning Board
consideration under that law. However, in order to facilitate processing,
the Planning Board may, insofar as practical under law, adopt regulations
establishing procedures for submission of a combined development plan
and application which shall satisfy this section and the Board's
regulations under the Subdivision Control Act.
[1]
Editor's Note: See MGL c. 41, § 81k et seq.
(3)
Submittal requirements. The development plan shall be prepared by a registered professional civil engineer, a registered land surveyor or other qualified professional at a scale of one inch equals 40 feet and shall be on standard twenty-four-inch-by-thirty-six-inch sheets prepared, at a minimum, in accordance with the site plan review section, § 200-61, of this chapter and the requirements for a preliminary subdivision plan under the Greenfield Subdivision Regulations.[2] The plan shall also include the following information:
(a)
Identification of existing vegetative cover, natural resources,
topography and land uses, including the boundaries of all wetlands
on the site as determined by the Greenfield Conservation Commission;
(b)
Existing structures, wells, septic systems, sewer lines, water
lines, utilities, and drainage;
(c)
Soil types, based on the Soil Conservation Service Soil Survey
and on-site soil boring logs, approximate depth to groundwater, location
and results of percolation tests and other subsurface tests;
(d)
Proposed uses of land and buildings;
(e)
The location and dimension of all proposed lots;
(f)
Proposed lot lines, streets, parking areas, walkways, drainage
and utilities, existing and proposed easements;
(g)
The general location and description of proposed public water
lines, private wells, sewer systems, water systems, and septic systems;
(h)
The location, size and description of proposed common open space,
parks, and other community or recreational uses. The proposed use
of the open space shall be specified in the application. If several
uses are proposed, the plans shall specify what uses will occur in
what areas. The Planning Board shall have the authority to approve
or disapprove particular uses proposed for the open space.
(i)
A proposed landscaping plan and grading plan;
(j)
The location, number, and types of residential dwelling units.
(4)
Additional submittal requirements:
(a)
The number of dwelling units and lots which could be constructed
under this chapter by means of a conventional development plan without
open space/cluster approval;
(b)
Proposed design features to integrate the development into the
existing landscape, the surrounding neighborhoods, and enhance aesthetic
assets;
(c)
Pre- and post-development runoff calculations;
(d)
If phasing of the development is proposed, a phasing schedule
indicating which portions of the development including buildings,
dwelling units, infrastructure, etc., to be constructed during each
phase;
(e)
Materials indicating the landowner's interest in the land
to be developed, the form of organization proposed to own and maintain
the common land and the substance of covenants and grants of easements
to be imposed upon the use of land and structures;
(f)
If necessary to determine compliance with the requirements or
intent of this provision, the Planning Board may require further engineering
or environmental analysis to be prepared at the expense of the applicant.
(5)
Review by other boards. Within 10 days of receiving the application
and development plan, the Planning Board shall transmit one copy of
the plan to the Department of Public Works, Fire Department, Inspector
of Buildings, Board of Health and Conservation Commission for review
and comment. Failure to comment within 30 days shall be deemed as
no objection to the development plan.
E.
Permitted uses.
(1)
The permitted uses in an open space/cluster development may include
single-family, two-family, and/or multifamily dwellings. In mixed-use
developments, multifamily dwelling units shall not exceed 30% of the
total number of dwelling units.
F.
Lots/units.
(1)
The number of lots/dwelling units shall not exceed that which could
be built on the tract in the district under this Zoning Ordinance.
The number of lots/dwelling units shall be computed by subtracting
from the total land area any land used for roadways, any lots not
buildable in accordance with this chapter, Title V of the State Sanitary
Code (if not connected to municipal sewer), or any other local or
state regulation and then dividing by the minimum lot requirement
for each type of dwelling unit proposed. Total lots/dwelling units
shall be rounded to the nearest whole number.
(2)
Each lot shall be of a size and shape to provide a building site
which shall be in harmony with the natural terrain and other features
of the land.
G.
Dimensional requirements.
(1)
The area of the tract to be developed shall be not less than five
contiguous acres.
(2)
The minimum lot size per unit may be reduced to no less than the minimum lot area requirement of the Residential A District in § 200-26 of this chapter.
(3)
Lot frontage and lot width may be reduced to a minimum of 50 feet
in the RA, RB and RC Districts.
(5)
The minimum front and rear setback requirements and the open space
per lot shall be the same as normally required in the district. The
side yard requirements shall be 10 feet for single- and two-family
dwellings and 20 feet for multifamily structures in all residential
districts.
The Planning Board may reduce, by up to one-half, the setbacks
otherwise listed in the Table of Dimensional Requirements[4] in this chapter if the Board finds that such reduction
will result in better design, improve protection of natural and scenic
resources and will otherwise comply with this chapter.
[4]
Editor's Note: Said table is included as an attachment to this chapter.
(6)
Further reduction of frontage, lot width, lot size, and setbacks
from those set forth in this chapter may be granted by the Planning
Board by special permit if the Board finds that such reduction will
result in better design, improve protection of natural and scenic
resources and will otherwise comply with this chapter.
(7)
The maximum building height in any open space/cluster development
shall be 35 feet.
(8)
All buildings and accessory structures and uses on a lot which adjoins
a lot not within the open space/cluster development shall meet the
minimum setback requirements for the district.
H.
Common open space requirements.
(1)
All land not devoted to dwellings, accessory uses, roads, or other
development shall be set aside as common land for recreation, conservation,
or agricultural uses which preserve the land in essentially its natural
condition.
(2)
Common space shall be equivalent to the total reduction in lot sizes
but shall be at least 25% of the total land area of the tract in Urban
Residential (RA) zones and 25% in Suburban Residential (RB) and Rural
Residential (RC) zones not including wetlands determined by the Conservation
Commission under the Wetlands Protection Act, floodplains, and slopes
in excess of 25%. In no case shall a parcel of common open space be
less than one acre in Urban Residential (RA) zones or 1 1/4 acres
in Suburban Residential (RB) or Rural Residential (RC) zones. At least
1/2 of the open space shall be shaped for land uses such as recreation
and agriculture.
(3)
Further subdivision of common open space or its use for other than
the above-listed uses, except for easements for underground utilities
and septic systems, shall be prohibited. Structures or buildings accessory
to recreation, conservation, or agricultural uses may be erected but
shall not exceed 5% coverage of such common open land.
(4)
Such common open space shall be either:
(a)
Conveyed to a corporation or trust owned or to be owned by the
owners of lots or units within the development. If such a corporation
or trust is utilized, ownership thereof shall pass with conveyances
of the lots in perpetuity;
(b)
Conveyed to a corporation or trust owned or to be owned by the
owners of lots or units within the development and to be managed by
a nonprofit organization, the principal purpose of which is the conservation
or preservation of open space;
(c)
Conveyed to the City of Greenfield, at no cost, and accepted
by it for a park or open space use. Such conveyance shall be at the
option of the City and shall require the approval of the City Council.
(5)
In any case where such land is not conveyed to the City, a conservation
restriction enforceable by the City shall be recorded to ensure that
such land shall be kept in an open or natural state and shall not
be built for residential use or developed for accessory uses such
as parking or roadways. Such restrictions shall further provide for
maintenance of the common land in a manner which will ensure its suitability
for its function, appearance, cleanliness and proper maintenance of
drainage, utilities and the like.
I.
Improvements.
(2)
All lots shall be served by adequate water and sewage disposal service.
The proposed water system shall be either connected to a municipal
water system or to an individual water supply approved by the Greenfield
Board of Health and the Massachusetts Department of Environmental
Protection. The proposed sewage disposal system shall be either municipal
sanitary sewer or individual or community septic systems approved
by the Board of Health and/or the Massachusetts Department of Environmental
Protection.
(3)
Shared (community) septic systems shall be built in compliance with
regulations for shared systems found in 310 CMR 15.000 (Title V).
Septic systems shall be placed in the development to maximize the
distance between systems and leaching areas shall be placed within
common open areas rather than on individual lots. Individual on-site
septic systems shall also be allowed on lots which meet all the standard
dimensional requirements in the district and the requirements of Title
5 of the State Environmental Code.
(4)
Community septic systems shall only be permitted if a properly recorded
ownership and maintenance agreement has been submitted and approved
by the Planning Board and, if required, by the Massachusetts Department
of Environmental Protection.
(5)
There shall be an adequate, safe, and convenient arrangement of pedestrian
circulation, facilities, roadways, driveways, and parking.
J.
Community association. Ownership and maintenance of common open space,
community water and sewage disposal systems, private ways, recreational
facilities or any other commonly held property or facility shall be
permanently assured through a nonprofit homeowners' or condominium
association recorded by a covenant or other agreement in the Franklin
County Registry of Deeds. Such agreements shall be submitted with
the development plan and shall be subject to approval by the Planning
Board and City Council.
(1)
Such agreements shall specify ownership of all common land, facilities,
etc.; method of maintenance; responsibility for maintenance; compulsory
membership in the association as a requirement of ownership of any
lot or unit in the development; compulsory assessments for the cost
of maintenance and the creation of a lien on the property assessed
for failure to pay such assessment; guarantees that the association
formed to own and maintain the common land and facilities shall not
be dissolved without the consent of the Planning Board; guarantees
that the ownership of common open space shall not be transferred without
first offering the land to the City of Greenfield; and any other specifications
deemed necessary by the Planning Board.
(2)
Such agreements shall provide that in the event that the association
or any successor organization fails to maintain the common open space
or any commonly owned facility in reasonable order and condition in
accordance with the development plan, the City may enforce such agreements
and may enter onto such land and maintain it in order to preserve
the taxable values of the properties within the development and to
prevent the common land or facility from becoming a public hazard
or nuisance. If the City is required to perform any maintenance or
repair work, the members of the association shall pay the cost thereof
and the cost, if unpaid, shall become a lien upon their properties
until said cost has been paid.
K.
Criteria for approval. Approval of an open space/cluster development
shall be granted only if the Planning Board determines that it complies
with all pertinent criteria in the Subdivision Regulations and:
(1)
The requirements of this open space/cluster development provision
have been complied with;
(2)
The plan is superior to a conventional one in preserving open space
for conservation, recreation, or agriculture, in utilizing the natural
features of the land, in allowing for more efficient provision of
streets, utilities, and other public services, or in providing for
affordable housing, and is at least equal in all aspects to a conventional
subdivision plan;
(3)
The applicant has shown to the satisfaction of the Planning Board
that the potential for groundwater pollution is no greater from the
proposed open space/cluster development than would be expected from
a conventional development meeting the minimum lot size requirements
located on the parcel. The burden of proof shall be on the applicant
and the Board may hire professional assistance to certify impacts
to groundwater at the expense of the applicant. The Board may impose
conditions, including monitoring, to ensure groundwater protection;
L.
Further requirements upon approval.
(1)
There shall be no increase in density, change in street layout, type
of use or dwelling, or open space or any other substantial change
as determined by the Planning Board to an approved development plan
without review and further hearing by the Planning Board unless specified
differently as a condition of approval.
(2)
No lot within an approved open space/cluster development may be further
subdivided so as to increase the number of lots unless approved as
a major amendment, and a notation to this effect shall be shown on
any definitive plan of a subdivision based upon this section.
(3)
Prior to development or sale of any lot within an open space/cluster
development, all lots to be so developed shall be shown on a plan
recorded in the Registry of Deeds or registered with the Land Court,
and a covenant or other instrument satisfactory to the Planning Board
shall have been executed assuring the open land or recreational use
of lands so designated in the development plan and the ownership and
maintenance of any communal septic systems or other commonly owned
facility.
A.
Special permit required. The Zoning Board of Appeals may grant a special permit for multifamily dwellings under the following procedures and requirements. Multifamily dwellings in open space/cluster developments shall also comply with the requirements of § 200-39 of this chapter.
B.
Procedure.
(1)
Applicants shall submit seven copies of an application and the proposed site plan, prepared by a registered engineer, architect, or other qualified professional, showing proposed structures, parking, drives, landscaping, topography and drainage, plus architectural elevations of all proposed buildings and any other site plan submittal requirements specified in the site plan regulations, § 200-61 of this chapter. Where the development of a priority development site (PDS) requires a special permit hereunder, the aforesaid application and site plan shall be submitted simultaneously with any other permit application(s) required a) by this section or b) by the Code, generally, relating to the use or development of land, buildings or structures and not otherwise exempted by MGL c. 43D.
(2)
Within 10 days of its receipt, one copy of the application and site
plan shall be forwarded by the Clerk of the Board of Appeals to the
Planning Board, who shall submit a report of recommendations to the
Board of Appeals within 30 days.
(3)
The Board of Appeals shall not hold a public hearing on the application
until receipt of the Planning Board report, or until 45 days has lapsed
from the date of filing. Where the special permit sought hereunder
is for the development of one or more multifamily dwellings on a priority
development site (PDS), the Zoning Board of Appeals shall render a
decision thereon no later than 180 days from the date of submission
of the application.
(4)
More than one building may be placed on one lot, but no structure
may contain more than 24 dwelling units and no more than six dwelling
units shall be served by a single primary entrance. Each structure
will be separated by a minimum of 40 feet. The Zoning Board of Appeals
may allow more than 24 dwellings per building in existing structures
being converted to multifamily units.
(5)
Multifamily structures shall be served by a public way having sufficient
width, suitable grades, and adequate construction to accommodate the
increase in traffic generated by the site.
(6)
The site shall be designed so that access, grading, water and sewer
systems, drainage, roads and sidewalks meet all applicable standards
established in the Greenfield Planning Board Subdivision Regulations,[1] and the specifications and standards of the Department
of Public Works; no building shall be floodlit; driveways and parking
areas shall be illuminated only by shielded lights not higher than
15 feet; no lighting shall cast observable shadows onto adjoining
premises; major topographic changes or removal of existing trees shall
be avoided and effective use shall be made of the topography, landscaping,
and building placement to make maximum use of solar energy, protect
the character of the environs, and protect scenic views seen from
public ways.
(7)
Parking areas shall be screened from public ways and adjacent properties
by building location, grading, fencing, or planting. Parking shall
be off-street and shall provide for forward moving ingress and egress
onto any traveled way. No parking area shall contain more than 36
parking spaces.
(8)
A development phasing schedule may be established by the Board of Appeals in accordance with § 200-60.
(9)
If the development will not be connected to a public water or sewer
system, the applicant shall submit plans for an individual water supply
system and a septic system designed by a registered sanitary engineer
approved by the Greenfield Board of Health and if necessary, the Massachusetts
Department of Environmental Quality Engineering. No septic system
serving the development shall exceed 2,000 gallons per day sewage
flow as determined under 310 CMR 15.02, Title 5 of the State Environmental
Code. More than one septic system may serve the site in order to meet
this requirement.
Any removal of earth products shall be undertaken only in accordance
with the Soil Removal Ordinance[1] of the City of Greenfield under a permit issued by the
Licensing Commission.
The use of a single-family dwelling for a bed-and-breakfast/tourist
home may be allowed under special permit from the Zoning Board of
Appeals, provided that:
A.
The bed-and-breakfast shall be owner-operated and may be owner-occupied;
B.
No more than 10 rooms may be rented for transient occupancy. Such
rooms shall share a common entrance, shall not have individual cooking
facilities, and shall be served by private or shared bath/toilet facilities
separate from those required for the single-family dwelling;
C.
The use of the single family dwelling for transient occupancy shall
be secondary to the use of the dwelling as a single-family residence
and shall not alter the single-family residential appearance of the
building;
D.
One off-street parking space shall be provided for each room;
E.
If the building is not served by public sewers, the Board of Health
shall certify that the on-site sewage disposal system meets the requirements
of the State Environmental Code and local Board of Health regulations;
The Zoning Board of Appeals may grant a special permit for the
construction of a congregate housing facility in the RA, RB, SR, H,
CC Districts, provided that:
A.
A congregate housing facility may have more than one building on
a lot, but each building may contain no more than 24 dwelling units
except that the Zoning Board of Appeals may allow more than 24 units
in existing structures being converted to congregate housing;
B.
A congregate housing facility shall require the minimum lot area
and frontage requirements in the district for the first unit plus
an additional 2,000 square feet of lot area for each additional unit
in the RA, SR, H, and CC Districts and 4,000 square feet for each
additional unit in the RB District;
C.
Connecting walkways shall be provided between structures and parking
areas within the development;
D.
A minimum of one off-street parking space shall be provided for each
dwelling unit plus one visitor parking space for every two dwelling
units.
The Planning Board may issue a special permit to reduce the
frontage on lots used for single-family dwellings in the RB and RC
Districts, provided that:
A.
A flag lot shall be created from one lot which was in existence at
the effective date of this flag lot provision and which conforms to
all provisions of this chapter;
B.
No more than two flag lots shall be created from one lot unless approved
as part of a definitive subdivision plan;
C.
There shall be a minimum frontage of not less than 50 feet;
D.
The lot area, excluding the access strip, shall be at least twice
the minimum lot area required in the district;
E.
There shall be at least two lots which have the required frontage
in the district between any two flag lots. Continuous double or triple
rows of lots comprised of standard lots along the street and parallel
lines of flag lots in the rear shall not be permitted;
F.
The principal structure shall not be located more than 750 feet from
the street line;
G.
Each flag lot shall have access over the frontage to the lot and
an access strip of not less than 50 feet wide from the front lot line
to the buildable portion of the lot;
H.
The width of the lot where the principal building is to be constructed
shall equal or exceed 1 1/2 times the minimum lot width required
in the district;
I.
Front, rear and side yards shall equal or exceed those required in
the district. Any lot line which adjoins the rear lot line of a front
lot shall have a front yard setback requirement as shown below:
 |
J.
The access driveways shall be constructed and maintained to meet
the following standards:
(1)
A width of at least 15 feet. Drainage and culverts may be required
where necessary;
(2)
A maximum grade of 10% and a distance of no closer than 10 feet to
any abutting property;
(3)
Access and turnaround space shall be provided year-round for all
vehicles including emergency and sanitary vehicles;
(4)
No parking areas or structures shall be allowed in the access strip;
K.
The Planning Board may require that there be maintained a naturally
occurring or a planted vegetated buffer zone between any flag lot
and any adjacent lot sufficient to provide an effective visual screen
between the buildings at grade level;
L.
Once approved as a flag lot, such lot shall not be used for other
than a single-family use or subsequently be subdivided unless as part
of an approved definitive subdivision plan;
M.
Plans submitted under this section shall be the same as the plans
submitted to the Planning Board under the Subdivision Control Law,[1] and shall include the statement "Lot(s) _____ is a flag
lot; building is permitted only in accordance with the special permit
flag lot provision of the Greenfield Zoning Ordinance";
[1]
Editor's Note: See MGL c. 41, § 81k et seq.
N.
The Planning Board shall not endorse any plan under the Subdivision
Control Law for the purpose of creating a flag lot unless a special
permit has been issued for the flag lot.
The Zoning Board of Appeals may issue a special permit for a
commercial campground provided the following minimum requirements
are met:
A.
Parcel is a minimum of 10 acres;
B.
Each rental plot shall have an area of not less than 2,500 square
feet, inclusive of parking and exclusive of access drives;
C.
If each plot is not serviced with water and sanitary sewer, common
sanitary facilities shall be provided in accordance with the Title
5 of the State Environmental Code and local Board of Health regulations;
D.
No unit for overnight occupancy shall be placed within 100 feet of
a street or other lot line, except that the Board of Appeals may reduce
this requirement to 50 feet if dense planting or topography provides
effective screening;
E.
A condition for approval of a special permit for a campground shall
be that the campground be developed and operated in accordance with
a plan which has been reviewed by the Planning Board, designating
plots, vehicular access, auto parking facilities and water and sewer
systems.
The use of an existing or a new structure for mixed business
and residential uses is permitted in the CC District without a special
permit and in the GC, LC, SR and H Districts under a special permit
from the Zoning Board of Appeals provided the following conditions
are met in all districts:
A.
All dwelling units shall be above the first-floor level (the street
level which faces the street with the highest traffic use);
B.
Business uses mixed with residential uses on the same floor shall
be limited to office uses only;
C.
Business uses shall be limited to only those business uses allowed
by right in the district in which the building is located;
D.
Mixed uses requiring building permits shall require two off-street parking spaces for each residential unit, except in the Central Commercial (CC) District. Mixed uses in the Central Commercial District shall not be required to have off street parking spaces for residential units. Mixed uses shall not be exempt from parking regulations, § 200-32;
E.
Balconies and decks, other than those required for access or by the
State Building Code, shall not be placed on the front of the building;
F.
Extra floors added to the building shall be in harmony with the design
and character of the existing structure and the area. The maximum
height shall not exceed the height limitations for the district;
G.
The design and size of each unit shall conform to all applicable
building, health, and other codes;
I.
Mixed uses requiring a special permit shall also comply with the special permit requirements of § 200-60 of this chapter. The Zoning Board of Appeals may require additional or more stringent conditions when deemed necessary to protect the public health, safety, and welfare such as additional parking;
A.
No mobile home, trailer or camper shall be used for permanent residence.
B.
A mobile home or camper may be temporarily occupied:
(1)
By nonpaying guests of the owner of the premises for a period not
to exceed two weeks in any calendar year upon issuance of a permit
by the Inspector of Buildings;
(2)
As a temporary office incidental to construction or development of
the premises on which it is located upon issuance of a permit by the
Building Inspector;
(3)
Within a duly licensed campground; provided, however, a permit for
this purpose is first obtained from the licensing authority before
the land can be so occupied;
(4)
By the owner and occupier of a residence which has been destroyed
by fire or other natural holocaust while the residence is being rebuilt
for a period not to exceed 12 months.
C.
Whenever a mobile home, trailer or camper is parked for occupancy,
said trailer, camper or mobile home must conform with local and state
health and sanitation regulations and any rules, regulations or building
codes adopted by the inhabitants of the City of Greenfield.
A.
Purpose. The purpose of this section is to identify and attempt to
mitigate potential negative impacts to the City of Greenfield, such
as to City services, traffic patterns, the environment, abutting properties,
or the public health and safety, caused directly or indirectly by
major development.
B.
Application. The provisions of this section shall apply to any of
the following uses:
(1)
All new uses as defined by the Greenfield Zoning Ordinance that generate
3,000 vehicle trips per day or more in the General Commercial District,
and/or 1,500 vehicle trips per day in any other district.
(2)
All uses that create 50 or more dwelling units.
(3)
All subdivisions of land into 50 or more building lots.
(4)
All new nonresidential uses of 150,000 square feet of gross floor
area or more in the Planned Industry District, 35,000 square feet
of gross floor area in the Central Commercial and Limited Commercial
Districts, and 75,000 square feet or more of gross floor area in all
other districts.
C.
Reviewing authority. The special permit granting authority shall
be as follows:
(1)
The SPGA shall be the Zoning Board of Appeals.
D.
Submittal requirements. Uses subject to this section shall require a special permit and site plan approval in accordance with §§ 200-60 and 200-61 of this chapter.
(1)
In addition to the submittal requirements for special permits and site plans in §§ 200-60 and 200-61 of this chapter, the following additional information shall also be submitted:
(a)
Facade elevations of all sides of any new building or structure
or alterations to any existing building or structure.
(b)
Photographs showing the proposed building site and abutting
properties.
(c)
Plans for phased construction.
(d)
Contingency plans or bond relative to financial ability to complete
the project.
(e)
An impact statement prepared in accordance with the Major Development
Review Rules and Regulations for Impact Statements.
(2)
The SPGA may require an independent consultant, contracted by the
City and paid for by the applicant, to perform a peer review to review
all or portions of the project's impact statement.
E.
Criteria for approval of a major development. The special permit
granting authority may issue a special permit for a major development
only after finding that the proposed project will not create a materially
adversely impact on adjacent properties, the neighborhood, the City,
or the environment. The following criteria shall be considered:
F.
Project decision.
(1)
Notwithstanding the provisions of MGL c. 40A, all decisions of the
SPGA shall be made within 210 days from the initial date of application.
The failure to issue a decision within 210 days shall result in the
granting of the special permit as presented and a constructive grant
shall be issued in accordance with the provisions of MGL c.40A.
(2)
The provisions of this regulation shall be severable. Should any
section or provision of this regulation be held to be invalid or unenforceable
for any reason, this shall not affect the validity or enforceability
of any other section or provision of this regulation and this regulation,
exclusive of the invalid or unenforceable section or provision, shall
to the full extent consistent with law remain in full force and affect.
A.
Purpose and intent.
(1)
The purpose of this section is to establish reasonable and uniform
regulations of adult entertainment uses within the City of Greenfield.
The intent of the section is to address and mitigate the negative
secondary effects of adult entertainment uses. Numerous studies have
documented that the quality of life in a community is degraded by
adult entertainment establishments as a result of increased levels
of crime; depreciation of property values; adverse impacts on the
business climate; adverse impacts on neighborhood character; and adverse
impacts on public health including noise, litter, unsanitary conditions,
traffic, and adverse influence on children.
(2)
The provisions of this section have neither the purpose nor the effect
of imposing limitation or restriction on the content of any communicative
materials including sexually oriented materials; and it is not the
intent nor effect of this section to restrict or deny access by adults
to sexually oriented materials protected by the First Amendment, or
to deny access by the distributors and exhibitors of adult entertainment
to their intended market. It is not the intent nor the effect of this
section to condone or legitimize the distribution of obscene or other
illegal matter or materials.
B.
ADULT ENTERTAINMENT USES
(1)
(2)
(a)
(b)
(c)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Definitions. For purposes herein:
Includes the following uses:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock in trade, books, magazines, periodicals, pictures and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement.
ADULT CABARETA nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment which features:
Persons who appear in a state of nudity; or
Live performances which are characterized by an emphasis on
depicting anatomical areas specified as less than completely and opaquely
covered human genitals, pubic region, buttock and female breast below
a point immediately above the top of the areola, and human genitals
in a state of sexual arousal, or relating to sexual conduct or sexual
excitement; or
Motion pictures, films, video cassettes, cable television, slides,
DVDs or other photographic reproductions which are characterized by
the depiction or description of anatomical areas specified as above,
or relating to sexual conduct or sexual excitement.
ADULT MOTION-PICTURE THEATERAn enclosed building or outdoor venue used for public uses, for presenting material (motion pictures, films, video cassettes, cable television, slides, DVDs or any other such visual or electronic media) distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement.
ADULT PARAPHERNALIA STOREAn establishment having as a substantial or significant portion of its stock in devices, objects, tools, toys or electronic media which are distinguished or characterized by their association with sexual activity, including sexual intercourse, sexual conduct or sexual excitement.
ADULT VIDEO STOREAn establishment having a substantial or significant portion of its stock in trade (for sale or rent) motion pictures, films, video cassettes, DVDs and other film material or similar audio/visual media and electronic media which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement.
ESTABLISHMENTS WHICH DISPLAY LIVE NUDITY FOR THEIR PATRONSAn establishment which provides live entertainment for its patrons, that includes persons in the state of nudity; or live performances which are characterized by an emphasis on depicting anatomical areas specified as less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola, and human genitals in a state of sexual arousal, or relating to sexual conduct or sexual excitement.
NUDITY (as defined in MGL c. 272, § 31)Uncovered or less than opaquely covered human genitals, pubic areas, the human female breast below a point immediately above the top of the areola, or the covered male genitals in a discernibly turgid state. For the purposes of this definition, a female breast is considered uncovered if the nipple or areola only are covered.
SEXUAL CONDUCT (as defined in MGL c. 272, § 31)Human masturbation, sexual intercourse, actual or simulated, normal or perverted, any lewd exhibitions of the genitals, flagellation or torture in the context of a sexual relationship, any lewd touching of the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals, and any depiction or representation of excretory functions in the context of a sexual relationship. Sexual intercourse is simulated when it depicts explicit sexual intercourse which gives the appearance of the consummation of sexual intercourse, normal or perverted.
SEXUAL EXCITEMENT (as defined in MGL c. 272, § 31)The condition of human male or female genitals or the breasts of the female while in a state of sexual stimulation or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.
SUBSTANTIAL OR SIGNIFICANT PORTION OF STOCKMore than 25% of the total display, shelf, rack, table, stand or floor area, utilized for display to rent or sell.
C.
Applicability.
(1)
Adult entertainment uses shall be prohibited in all zoning districts except for: adult bookstores, adult paraphernalia stores, and adult video stores as defined in § 200-51B shall only be allowed in the General Commercial District.
(2)
Adult cabarets, adult motion-picture theaters and establishments which display live nudity for their patrons as defined in § 200-51B shall only be allowed in the Adult Entertainment Overlay District which shall be defined as the portion of land within the General Commercial District located west of the I-91 and Route 2 rotary. See Adult Entertainment Overlay District Reference Map.[1] All adult entertainment uses may be permitted only upon
granting of a special permit by the Zoning Board of Appeals.
[1]
Said map is included as an attachment to this chapter.
D.
Application procedures and submittal requirements. Applications for a special permit under this section shall comply with the requirements of the special permit and site plan review and approval, §§ 200-60 and 200-61 of this chapter. In addition to the submittal requirements required in §§ 200-60 and 200-61, the special permit application and site plan shall include the following information:
(1)
The name and address of the legal owner of the establishment, the
legal owner of the property, and the manager of the proposed establishment.
(2)
The distances between the proposed adult entertainment use and the property line of all uses listed in § 200-51E(1) of this provision.
E.
Criteria for approval. The Zoning Board of Appeals may issue a special
permit for an adult entertainment use only if the following minimum
criteria are met:
(1)
Adult entertainment uses shall not be located within:
(a)
Fifty feet from any residence.
(b)
One thousand feet from any public or private school, state approved
child-care facility, or nursery school.
(c)
One thousand feet from any church or other facility used for
religious purposes.
(d)
One thousand feet from any public park, playground or other
facility where children congregate.
(e)
One thousand feet from any other adult entertainment use within
the General Commercial District.
(f)
Eight hundred fifty feet from any other adult entertainment
use within the Adult Entertainment Overlay District (to be measured
in a straight line without regard to intervening structures, from
the closest exterior structural wall of each adult entertainment use).
(g)
Five hundred feet from any establishment licensed under MGL
c. 138, § 12.
|
[Measure of distance. The distances specified above (besides
the distances between adult entertainment uses in the Adult Entertainment
Overlay District) shall be measured by a straight line from the nearest
property line of the premises on which the proposed adult entertainment
use is to be located to the nearest boundary line of a residential
zoning district or to the nearest property line of any of the other
designated uses set forth above.]
|
(2)
Adult bookstores, adult paraphernalia stores and adult video stores as defined in § 200-51B shall not be permitted to open for business earlier than 8:00 a.m. and close no later than 12:00 midnight.
(3)
Adult cabarets and establishments which display live nudity for their patrons as defined in § 200-51B shall not be permitted to open for business earlier than 11:00 a.m. and close no later than 1:00 a.m.
(4)
No adult entertainment use special permit shall be issued to any
person convicted of violating the provisions of MGL c.119, § 63,
or MGL c. 272, § 28.
(5)
All building openings, entries and windows shall be screened in such
a manner as to prevent visual access to the interior of the establishment
by the public.
(6)
No adult entertainment use 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 oriented material as defined in MGL c. 272,
§ 31.
(7)
No adult entertainment use shall be allowed to disseminate or offer
to disseminate adult matter or paraphernalia to minors or suffer minors
to view displays or linger on the premises.
(8)
No adult entertainment use shall have any flashing lights visible
from outside the establishment.
(9)
No adult entertainment use shall have a freestanding accessory sign.
(10)
Any special permit granted for an adult entertainment use shall
be personal to the applicant, shall not run with the land and shall
expire upon expiration of the applicant's lease or upon sale
or transfer of the subject's property/business.
(11)
Any adult entertainment use granted a special permit shall comply
with all other City ordinances and all statutes of the Commonwealth
of Massachusetts regarding public nuisances, sexual conduct, lewdness,
obscene or harmful matter, or the exhibition or public display thereof.
F.
Conditions, safeguards, limitations for adult entertainment uses.
In granting a special permit, the Zoning Board of Appeals may impose
additional conditions, safeguards and limitations on the permit including
but not limited to additional buffer zones or screening.
G.
Expiration. Any adult entertainment use special permit granted shall
expire after a period of two calendar years from its date of issuance
and shall be automatically renewable for successive two-year periods
thereafter, provided that a written request for such renewal is made
to the special permit granting authority prior to said expiration
and that no objection to said renewal is made and sustained by the
special permit granting authority based upon the public safety factors
applied at the time that the original special permit was granted.
H.
Preexisting adult entertainment uses. Any existing adult entertainment
use shall apply for a special permit from the Zoning Board of Appeals
within 90 days following the adoption of this chapter.
I.
Severability. The provisions of this section are severable and, in
the event that any provision of this section is determined to be invalid
for any reason, the remaining provisions shall remain in full force
and effect.
A.
Purpose. The purpose of this section is to encourage the development
of telecommunications and wireless services while minimizing the adverse
impacts of these facilities on adjacent properties, residential neighborhoods,
historic or scenic resources and the environment; minimize the overall
number and height of such facilities to only what is necessary; and
promote shared use of existing facilities in order to reduce the need
for constructing new facilities.
B.
CARRIER
CO-LOCATION
WIRELESS COMMUNICATION BUILDING
WIRELESS COMMUNICATION DEVICE
WIRELESS COMMUNICATION FACILITY
WIRELESS COMMUNICATION STRUCTURE
Definitions.
A company that provides wireless communication services.
The use of a single wireless communication structure by more
than one carrier.
Any building or shelter used to house equipment primarily
used for wireless communication devices.
Any antenna, appurtenance, wiring, or equipment used in connection
with the reception or transmission of radio frequency signals. Such
signals shall include but not be limited to radio, television, cellular,
paging, personal communication services (PCS), and microwave communications.
A general term to include wireless communication structures,
communication devices, and wireless communication buildings.
Any structure, monopole or tower intended to support wireless
communication devices. Any wireless communication device that extends
vertically more than 15 feet.
C.
Applicability. Wireless communication structures shall only be erected
upon the issuance of a special permit by the Zoning Board of Appeals.
New wireless communication structures shall only be considered upon
a finding by the Zoning Board of Appeals that all existing or approved
structures cannot accommodate the wireless communication devices planned
for the proposed structure. Wireless communication devices shall only
be erected upon the issuance of a building permit from the Inspector
of Buildings.
D.
E.
Siting requirements. The following requirements shall be used when
preparing plans for siting all wireless communication facilities.
(1)
Siting preferences. The following is a guideline of preferred locations
for proposed wireless communication facilities, from most to least
favorable districts/properties. The applicant must demonstrate that
it is not feasible to locate in a more preferred districts/properties.
(2)
The height of a wireless communication structure shall be the minimum
necessary to accommodate anticipated future use.
(3)
The applicant shall float a balloon the same height as the proposed
structure, for 14 days prior to the public hearing. The balloon should
be of a size and color to be seen from a distance of at least one
mile.
(4)
Wireless communication structures shall, to the greatest extent possible,
be sited off ridgelines and located where their visual impact is least
detrimental to historic and scenic resources.
(5)
The minimum distance from the base of the wireless communication
structure to any property line or road right-of-way shall be at least
the height of the wireless communication structure in nonresidential
zones and 1 5/10 (1.5) times the height of the structure in residential
zones, including the height of any mounted wireless communication
devices. This distance will be designated as the "fall zone" of the
wireless communication structure.
(6)
The setback requirements for any wireless communication buildings
shall comply with that of the zoning district.
F.
Design requirements. The following guidelines shall be used when
preparing plans for the construction of all wireless communication
facilities.
(1)
Wireless communication facilities shall be designed for co-location
and accommodate the maximum number of carriers as technologically
feasible.
(2)
Only freestanding monopoles are allowed. Lattice-style towers and
similar facilities requiring three or more legs and/or guy wires for
support are not permitted.
(3)
There shall be no signs or advertisements, except for "no trespassing"
signs and a required sign giving a phone number where the owner can
be reached on a twenty-four-hour basis. Any signs required by the
Federal Communications Commission (FCC) or Federal Aviation Administration
(FAA) are allowed.
(4)
All wireless communication structures, devices and buildings shall
be colored, molded, and installed to blend into the structure and
landscape to the greatest extent feasible.
(5)
Existing trees and vegetation shall be preserved to the maximum extent
possible. Vegetative screening shall be used to screen all abutting
residential properties and roadways and shall be species that are
consistent with the surrounding natural vegetation.
(6)
Fencing shall be provided to control access to the facility and shall
not consist of razor or barbed wire.
(7)
All utilities serving the facility shall be installed underground.
(8)
Lighting of the wireless communication structure shall be prohibited.
(9)
There shall be a minimum of one parking space for each wireless communication
facility to be used in connection with maintenance of the site and
not to be used for the storage of vehicles or other equipment.
G.
Procedures. An application for a special permit for the siting a
wireless communication facility shall be filed in accordance with
the established special permit procedures as stated in the Greenfield
Zoning Ordinances and all rules and regulations adopted by the Zoning
Board of Appeals.[1]
(1)
In the event the Zoning Board of Appeals determines that circumstances
necessitate expert technical review, all reasonable expenses shall
be paid for by the applicant. The Zoning Board of Appeals shall notify
the applicant in writing of the estimated costs of the review. The
applicant shall be responsible for the cost of all review fees and
the fees shall be paid to the City within 10 days of receipt of notification.
The City Treasurer shall hold in a separate account all review fees.
The Board may request additional funds if needed to cover the cost
of an outside review in the same manner as above. Failure by the applicant
to make timely payments shall be adequate reason to deny the application.
(a)
The selection of an outside consultant may be appealed to the
City Council. Such appeals are limited to claims that the consultant
selected has a conflict of interest or does not possess the minimum
required qualifications. The minimum qualifications consist of either
an educational degree or three or more years of practice in the field.
The required time limits for action upon an application by the Zoning
Board of Appeals shall be extended by the duration of the administrative
appeal. In the event that no decision is made by the City Council
within 30 days following the filing of the appeal, the selection made
by the Zoning Board of Appeals shall stand.
(b)
Any excess amount in review fees paid by the applicant, including
any accrued interest, at the completion of the project shall be repaid
to the applicant or to the applicant's successor in interest,
and a final expenditures report on the fees shall be made available
along with a copy of any reports produced by the consultant.
(2)
For siting a new wireless communication facility.
(a)
Site plans shall be prepared by a professional engineer licensed
in Massachusetts, on twenty-four-inch-by-thirty-six-inch sheets at
a scale of one inch equals 40 feet or one inch equals 200 feet, where
appropriate, and one copy reduced to an eleven-inch-by-seventeen-inch
sheet which includes the following:
[1]
North arrow, date, scale, seal(s) of the licensed professional
engineer(s) who prepared the plans.
[2]
Name and address of the landowner and the name and address of
all abutters.
[3]
The exact location of the proposed wireless communication facility
with the maximum height and setback distances of the wireless communication
structure clearly indicated.
[4]
Property lines and the location of permanent structures and
buildings within a 300-foot radius of the proposed wireless communication
structure.
[5]
Existing and proposed contours at a minimum of two-foot intervals
and spot elevations at the base of all the proposed and existing structures.
[6]
Plans for anchoring and supporting the structure, including
specifications of hardware and other building material.
[7]
Plans for drainage of surface water and erosion control both
during construction and as a permanent measure.
[8]
Delineation of all wetlands, if applicable.
[9]
A landscape plan including a description of the existing vegetation
to be removed or altered and the location, size, and description of
any proposed fencing, landscaping and/or screening.
[10]
Layout and details of surfacing for the access
road or driveway and parking.
(b)
A locus map at a scale one inch equals 1,000 feet which shows
streets, buildings, and significant landscape features.
(c)
A description of the soil and surficial geology at the proposed
site.
(d)
A color photograph or rendition of the wireless communication
facility with all proposed wireless communication devices clearly
shown in the photo.
(e)
Photographs of four view lines of the balloon float from any
historic, scenic or other areas as determined by the Zoning Board
of Appeals.
(f)
A map showing the signal coverage areas of the proposed wireless
communication structure including the location of other proposed or
existing facilities, the interface with adjacent service areas, and
the results of any drive tests.
(g)
Proof of approval of all federal, state and local permits required
for construction and operation.
(h)
A detailed narrative report written by a licensed professional
engineer that includes:
[1]
Justification of the selection of the proposed site location including why it is not feasible in a more preferred district/property as described in Subsection E(1).
[2]
Demonstration that the height of the proposed structure is the
minimum feasible to provide the intended service.
[3]
Description of the capacity of the structure, including the
number and type of additional wireless communication devices it can
accommodate.
[4]
Projected future needs of the carrier for at least the next
five years, and how the proposed wireless communication facility will
meet future demand projections for the City and for adjacent towns.
[5]
A sample lease agreement should another carrier desire to co-locate.
[6]
All special design features used to minimize the visual and
environmental impacts of the proposed wireless communication facility.
(3)
For siting a wireless communication device on an existing wireless
communication structures or existing nonresidential structures, such
as buildings, silos, water towers, utility poles, steeples, and co-location
with another carrier, provided that the new device does not add more
than 15 feet to the height of the structure.
(a)
Site plans shall be prepared by a professional engineer licensed
in Massachusetts, on twenty-four-inch-by-thirty-six-inch sheets at
a scale of one inch equals 40 feet or one inch equals 200 feet, where
appropriate, and a reduced copy on an eleven-inch-by-seventeen-inch
sheet which shows the following:
[1]
North arrow, date, scale, seal(s) of the licensed professional
engineer(s) who prepared the plans.
[2]
Plans for supporting and attaching the device to the structure
including specifications of hardware and all other building materials.
[3]
Plans for any new wireless communication buildings.
[4]
Layout and details of surfacing for an access road and parking,
if the site is to be altered from existing conditions.
(b)
A map showing the signal coverage areas of proposed device(s)
and their interface with adjacent service areas and results of any
drive tests.
(c)
A color photograph or rendition of the wireless communication
device(s) as it will look on the structure.
(d)
A detailed narrative report written by a licensed professional
engineer that includes:
[1]
A draft of the contract between the structure/building owner
and the applicant.
[2]
Demonstration that the wireless communication structure or nonresidential
structure to which the device will be mounted has the structural integrity
to support such a device.
[3]
Demonstration that the wireless communication devices installed
on preexisting structures preserves the character of such structures
to the greatest extent possible.
[4]
Demonstration of coordination of services with adjacent towns
to minimize the number of devices.
[5]
Description of the projected future needs of the carrier, and
how the proposed facility addresses those future projections.
[6]
All design features used to minimize the visual impact of the
proposed wireless communication device.
H.
Criteria for approval. In granting a special permit for a wireless
communication facility, in addition to the findings required by the
Greenfield Zoning Ordinance for special permits, the Zoning Board
of Appeals shall find:
(1)
The applicant clearly demonstrated that no existing or approved structures
can accommodate the wireless communication devices planned for the
proposed structure.
(2)
The size and height of the structure is the minimum necessary.
(3)
The proposed wireless communication facility minimizes its impacts
on adjacent properties, residential neighborhoods, the environment,
and areas of historic or scenic value.
I.
Conditions of use.
(1)
All wireless communication facilities shall be maintained in good
order and repair. Any paint and finish must be maintained and repaired
when blemishes are visible from the property line. Failure to perform
the required maintenance shall be grounds for revoking the special
permit.
(2)
Any extension, construction or replacement of the structures or buildings
within the wireless communication facility shall be subject to an
amendment to the special permit.
(3)
Regulatory compliance.
(a)
The holder of the special permit shall file an annual certification
demonstrating structural integrity and continuing compliance with
current standards of the FCC, FAA and the American National Standards
Institute (ANSI), which shall be filed with the Building Inspector.
(b)
If the FCC or the FAA regulations are changed, the owner or
operator shall bring the facilities into compliance within 90 days
unless a more stringent compliance schedule is included in the regulation.
(c)
Failure to comply with any federal, state, or local regulations
shall be grounds for removal of all noncomplying structures, buildings,
and devices at the owner's expense. The Building Inspector shall
give the holder of the special permit 90 days' written notice
in advance of any demolition action.
(4)
Removal.
(a)
An applicant shall post a performance bond with the City for
the dismantling and removal of the telecommunications facility. The
Zoning Board of Appeals prior to the issuance of the special permit
shall determine a bond amount that will cover the full cost of dismantling
and removal of the facility.
(b)
Wireless communication facilities shall be removed within one
year of cessation of use at the owner's expense. The Building
Inspector shall give the holder of the special permit 90 days'
written notice in advance of any demolition action.
A.
Purpose. The purpose of this section is to promote 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 financial assurance for the eventual decommissioning
of such installations. The provisions set forth in this section shall
apply to the construction, operation, and/or repair of large-scale
ground-mounted solar photovoltaic installations.
B.
Applicability. This section applies to large-scale ground-mounted
solar photovoltaic installations proposed to be constructed after
the effective date of this section. This section also pertains to
physical modifications that materially alter the type, configuration,
or size of these installations or related equipment.
C.
General requirements for all large-scale solar power generation installations.
(1)
Compliance with laws, ordinances and regulations. The construction
and operation of all large-scale 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 solar photovoltaic installation shall be constructed
in accordance with the State Building Code.
(2)
Building permit and building inspection. No large-scale solar photovoltaic
installation shall be constructed, installed or modified as provided
in this section without first obtaining a building permit.
(3)
Site plan review. Large-scale ground-mounted solar photovoltaic installations
with 250 kW or larger of rated nameplate capacity allowed by right
shall undergo site plan review by the Planning Board prior to construction,
installation or modification as provided in this section. Large-scale
ground-mounted solar photovoltaic installations with 250 kW or larger
of rated nameplate capacity allowed by special permit shall undergo
site plan review by the Zoning Board of Appeals.
(4)
All plans and maps shall be prepared, stamped and signed by a professional
engineer licensed to practice in Massachusetts.
(5)
Required documents.
(a)
In addition to the submittal requirements under § 200-61 of the Zoning Ordinance, the project proponent shall provide the following documents:
[1]
Blueprints or drawings of the solar photovoltaic installation
signed by a professional engineer licensed to practice in the Commonwealth
of Massachusetts showing the proposed layout of the system and any
potential shading from nearby structures;
[2]
One- or three-line electrical diagram detailing the solar photovoltaic
installation, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
overcurrent devices;
[3]
Documentation of the major system components to be used, including
the PV panels, mounting system, and inverter;
[4]
Name, address, and contact information for proposed system installer;
[5]
Name, address, phone number and signature of the project proponent,
as well as all co-proponents or property owners, if any;
[6]
The name, contact information and signature of any agents representing
the project proponent;
[7]
Documentation of actual or prospective access and control of
the project site;
[8]
An operation and maintenance plan;
[9]
Zoning district designation for the parcel(s) of land comprising
the project site (submission of a copy of a zoning map with the parcel(s)
identified is suitable for this purpose);
[10]
Proof of liability insurance; and
[12]
A list of any hazardous materials proposed to
be located on the site in excess of household quantities and a plan
to prevent their release to the environment, as appropriate;
[13]
Documentation by an acoustical engineer of the
noise levels projected to be generated by the installation;
[14]
Documentation of soil types on all land involved
with the project;
[15]
Locations of wetlands and Priority Habitat Areas
defined by the Natural Heritage & Endangered Species Program (NHESP);
[16]
Locations of floodplains or inundation areas for
moderate or high hazard dams;
[17]
Provision of water including that needed for fire
protection; and
[18]
Existing trees six-inch caliper or larger.
(b)
In addition to items in Subsection C(5)(a)[1] through [18] above, for large-scale ground-mounted solar photovoltaic installation projects exceeding 10 acres, the following documents are also required:
(c)
The Reviewing Authority may waive documentary requirements that
are not applicable to the project under consideration.
(6)
Site control. The project proponent shall submit documentation of
actual or prospective access and control of the project site sufficient
to allow for construction and operation of the proposed solar photovoltaic
installation.
(7)
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.
(8)
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 solar photovoltaic installation owner or operator's
intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.
(9)
Dimension and density requirements.
(a)
Setbacks.
[1]
For large-scale ground-mounted solar photovoltaic installations,
front, side and rear setbacks shall be as follows:
[2]
For large-scale, ground-mounted solar photovoltaic installations
exceeding 10 acres, all setbacks shall increase to 50 feet when the
boundary line abuts a residential use or district, conservation area,
public recreation area, or public roadway.
(b)
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,
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. Structures should be
screened from view by vegetation and/or joined or clustered to avoid
adverse visual impacts.
(c)
Height of structures. The height of any structure associated
with a large-scale ground-mounted solar electric installation shall
not exceed 20 feet.
(d)
Project area. The total project area of any structure and improvements
associated with a large-scale ground-mounted solar photovoltaic installation
shall not exceed 10 acres, except in the Planned Industry Zoning District
for which the limit shall be 50 acres. Projects greater than 10 acres
in size within the Planned Industry District shall require a special
permit from the Zoning Board of Appeals.
(10)
Design and performance standards.
(a)
Lighting. Lighting of 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 reasonably shielded from abutting properties. Lighting of
the solar photovoltaic installation shall be directed downward and
shall incorporate full cut-off fixtures to reduce light pollution.
(b)
Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with § 200-34. A sign consistent with § 200-34 shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
(c)
Utility connections. Reasonable efforts, as determined by the
Planning Board, shall be made to place all utility connections from
the solar photovoltaic installation 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.
(d)
Control of vegetation. Herbicides shall not be used to control
vegetation at the solar electric installation. Mowing, grazing or
using geotextile materials underneath the solar array are possible
alternatives.
(e)
Noise. Noise generated by large-scale ground-mounted solar electric
installations and associated equipment and machinery shall conform
to applicable state and local noise regulations, including the DEP's
Division of Air Quality noise regulations, 310 CMR 7.10. A source
of sound will be considered in violation of said regulations if the
source:
[1]
Increases the broadband sound level by more than 10 db(A) above
ambient; or
[2]
Produces a "pure tone" condition, when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by three decibels or more. Said 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, unless established by other means with the consent of the DEP. Noise generated shall further comply with § 200-35 of the Greenfield Zoning Ordinance.
(f)
Impact on agricultural and environmentally sensitive land. The
facility shall be designed to minimize impacts to agricultural and
environmentally sensitive land and to be compatible with continued
agricultural use of the land.
[1]
If documentation of soil types under Subsection C(5)(a)[15] above identifies any prime agricultural soils or soils of statewide importance, as identified by the USDA's Natural Resource Conservation Service, on the property or the property is being actively farmed, then a copy of all application materials shall be forwarded to the Agricultural Commission for their review and recommendations. Failure of the Agricultural Commission to comment within 30 days after receipt shall be deemed as no objection to the proposal.
[2]
Identified prime agricultural soils or soils of statewide importance,
as identified by the USDA's Natural Resource Conservation Service,
on the property shall not be removed from the property.
(g)
Visual impacts/screening. Large-scale ground-mounted solar photovoltaic
installations shall be designed to minimize visual impacts including
preserving natural vegetation to the maximum extent possible, blending
in equipment with the surroundings, and adding vegetative buffers
to provide an effective visual barrier from adjacent roads and driveways,
and to screen abutting residential dwellings. Large-scale ground-mounted
solar photovoltaic installations shall be screened from view by a
minimum fifteen-foot-wide staggered and grouped planting of shrubs
and small trees. Such plantings shall use native plants and a mix
of deciduous and evergreen species and may be located within the setback
area.
(11)
Safety and environmental standards.
(a)
Emergency services. The large scale solar photovoltaic installation
owner or operator shall provide a copy of the project summary, electrical
schematic, and site plan to the Greenfield Fire Chief. Upon request
the owner or operator shall cooperate with local emergency services
in developing an emergency response plan. All means of shutting down
the solar photovoltaic installation shall be clearly marked. The owner
or operator shall identify a responsible person for public inquiries
throughout the life of the installation.
(b)
Land clearing, soil erosion and habitat impacts. Clearing of
natural vegetation shall be limited to what is necessary for the construction,
operation and maintenance of the large-scale ground-mounted solar
photovoltaic installation or otherwise prescribed by applicable laws,
regulations, and bylaws.
(c)
For large-scale projects exceeding 10 acres where existing trail
networks or woods roads, which often serve as wildlife corridors,
are disrupted by the location of the ground-mounted solar electric
installation the plans shall show alternative trail alignments to
be constructed by the applicant, although no rights of public access
may be established hereunder.
(12)
Monitoring and maintenance.
(a)
Solar photovoltaic installation conditions. The large-scale
ground-mounted solar photovoltaic installation owner or operator shall
maintain the 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 Greenfield Fire Chief and Emergency Medical Services. The owner
or operator shall be responsible for the cost of maintaining the solar
photovoltaic installation and any access road(s), unless accepted
as a public way.
(b)
Modifications. All material modifications to a solar photovoltaic
installation made after issuance of the required building permit shall
require approval by the Planning Board.
(13)
Abandonment or decommissioning.
(a)
Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with Subsection C(13)(b) of this section 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 Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
[1]
Physical removal of all large-scale ground-mounted solar photovoltaic
installations, structures, equipment, security barriers and transmission
lines from the site.
[2]
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
[3]
Stabilization or re-vegetation of the site as necessary to minimize
erosion. The Planning Board or SPGA may allow the owner or operator
to leave landscaping or designated below-grade foundations in order
to minimize erosion and disruption to vegetation.
[4]
Soil decompaction in areas where prime agricultural soils or
soils of statewide importance, as identified by the USDA's Natural
Resource Conservation Service, have been identified or areas that
are or have been actively farmed prior to the installation of the
facility.
(b)
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the solar photovoltaic
installation shall be considered abandoned when it fails to operate
for more than one year without the written consent of the Planning
Board. If the owner or operator of the large-scale ground-mounted
solar photovoltaic installation fails to remove the installation in
accordance with the requirements of this section within 150 days of
abandonment or the proposed date of decommissioning, the City may
enter the property and physically remove the installation.
(c)
Financial surety. Proponents of large-scale ground-mounted solar
photovoltaic projects shall 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 installation and remediate the
landscape, in an amount and form determined to be reasonable by the
Planning Board, 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 project proponent. Such surety will not
be required for municipally or state-owned facilities. The project
proponent shall submit a fully inclusive estimate of the costs associated
with removal, prepared by a qualified engineer. The amount shall include
a mechanism for calculating increased removal costs due to inflation.
A.
Purpose. The purpose of this section is to allow orderly development
of non-commercial-scale solar energy installations and facilities
and to minimize the impacts on scenic, natural, and historic resources
of the City. The provisions set forth in this section shall take precedence
over all other sections when considering applications related to the
construction, operation, and/or repair of non-commercial-scale solar
energy installations.
B.
Accessory installations, building-mounted. Building-integrated solar
energy systems are permitted in all zoning districts. The installation
shall have an automatic and manual means of shutdown with clear instructional
signage.
C.
Accessory installations, ground-mounted. Small-scale, ground-mounted solar energy systems are permitted by right within the Health (H), Central Commercial (CC), Limited Commercial (LC), General Commercial (GC), Office (O), General Industry (GI), and Planned Industry (PI) Districts and permitted by special permit from the Zoning Board of Appeals within the Rural Residential (RC), Suburban Residential (RB), Urban Residential (RA), and Semi-Residential (SR) Districts subject to § 200-60 of the Zoning Ordinance in addition to the following requirements:
(1)
All installations shall have an automatic and manual means of shutdown
with clear instructional signage.
(2)
The solar installation shall meet the setback and dimensional requirements
of the Zoning District for accessory structures.
(3)
The total surface area of all small-scale, ground-mounted solar energy
systems on the lot shall not exceed 25% of the minimum open space
requirement of the Zoning District in which it is located as specified
in the Table of Dimensional Requirements or 2,500 square feet, whichever
is less.
(4)
Impact on agricultural and environmentally sensitive land. The facility
shall be designed to minimize impacts to agricultural and environmentally
sensitive land and to be compatible with continued agricultural use
of the land. Identified prime agricultural soils on the property shall
not be removed from the property.
(5)
The maximum height of small-scale, ground-mounted solar energy systems
shall not exceed 15 feet.
(6)
The solar installation shall be an on-site solar energy system.
(7)
Dimensional exceptions may be allowed by special permit from the
Zoning Board of Appeals.
D.
General requirements for all non-commercial-scale solar energy installations.
(1)
Compliance with laws, ordinances and regulations. The construction
and operation of all non-commercial-scale solar energy 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 solar energy installation shall be constructed in
accordance with the State Building Code.
(2)
Building permit and building inspection. No non-commercial-scale
solar energy installation shall be constructed, installed, or modified
as provided in this section without first obtaining a building permit.
(3)
Site plan review. Small-scale, ground-mounted solar energy systems permitted by right shall undergo site plan review by the Planning Board and small-scale, ground-mounted solar energy systems permitted by special permit shall undergo site plan review by the Zoning Board of Appeals prior to construction, installation or modification as provided in this section and § 200-61, Site plan review, of the Zoning Ordinance.
[Amended 10-10-2021; 7-2-2022]
A.
Purpose. The purpose of this section is to provide for the orderly
placement of medical and recreational marijuana establishments in
areas where such use is not inconsistent with the neighborhood character
and in accordance with state law.
B.
Applicability.
(1)
Community
host agreement. No special permit shall be granted without first having
an executed community host agreement with the City of Greenfield.
(2)
Community
outreach meeting. No special permit application shall be deemed complete
by the Planning Department until a community outreach meeting in accordance
with 935 CMR 500 has occurred.
(3)
No
person shall operate a marijuana establishment without having a license
in good standing from the Commission.
(4)
No
more than eight marijuana retailers and no more than four marijuana
delivery operators shall be allowed within the City of Greenfield.
The number of licenses for brick-and-mortar marijuana retailers shall
be capped at eight. A marijuana outdoor cultivation is limited to
Tier 1 (5,000 square feet) per license. No person or entity having
direct or indirect control shall be granted or hold more than three
licenses in a particular class. The maximum outdoor canopy permissible
under all licenses for a single parcel is 15,000 square feet.
(5)
All
marijuana establishments shall require a special permit from the Zoning
Board of Appeals.
(6)
The
commercial cultivation, production, processing, assembly, packaging,
retail or wholesale sale, trade, distribution or dispensing of marijuana
is prohibited unless permitted as a marijuana establishment under
this section.
(7)
No
marijuana establishment shall be established except in compliance
with the provisions of this section.
(8)
Nothing
in this section shall be construed to supersede federal and state
laws governing the sale and distribution of narcotic drugs.
(9)
If
any provision of this section or the application of any such provision
to any person or circumstance shall be held invalid, the remainder
of this section, to the extent it can be given effect, or the application
of those provisions to persons or circumstances other than those to
which it is held invalid, shall not be affected thereby, and to this
end the provisions of this section are severable.
C.
Definitions. The following definitions can be found in § 200-3, Terms and words, of the Zoning Ordinance: "cannabis or marijuana," "craft marijuana cooperative," "Commission (ccc)," "hemp," "host community," "host community agreement," "marijuana courier," "marijuana cultivator," "marijuana delivery operator," "marijuana establishment," "marijuana micro-business," "marijuana independent testing laboratory," "marijuana research facility," "marijuana retailer," "marijuana product manufacturer," "marijuana standards testing laboratory," "marijuana transporter," and "medical marijuana dispensary."
D.
Eligible locations for marijuana establishments. See Article IV, Use Regulations, and Appendix A, Table of Uses,[1] of the Greenfield Zoning Ordinance.
[1]
Editor’s Note: Said table is included as an attachment to this chapter.
E.
General requirements and conditions for all marijuana establishments.
(1)
All
processing, testing, product manufacturing, and retail must take place
within a fully enclosed building.
(2)
Marijuana
plants, products, and paraphernalia shall not be visible from outside
the building in which the marijuana establishment is located. No outside
storage is permitted.
(3)
The
hours of operation of marijuana establishments shall be set by the
special permit granting authority, but in no event shall said marijuana
establishments be open and/or operating between the hours of 10:00
p.m. and 7:00 a.m.
(4)
No
marijuana establishment shall be located within a radius of 250 feet
of a preexisting public or private school providing education in kindergarten
or any of Grades 1 through 12. The 250-foot distance under this section
shall be measured in a straight line from the nearest point of the
property line in question to the nearest point of the property line
where the marijuana establishment is or will be located.[2]
[2]
Editor’s Note: The Greenfield Board of Health may require
a greater setback distance.
(5)
No
smoking, burning or consumption of any product containing marijuana
or marijuana-related products shall be permitted on the premises of
a marijuana establishment.
(6)
No
marijuana establishment shall be located inside transient housing,
such as motels and dormitories, or inside a movable or mobile structure,
such as a van or truck.
(7)
All business signage for marijuana establishments shall be subject to the requirements promulgated by the Massachusetts Cannabis Control Commission and the requirements of § 200-34 of the Greenfield Zoning Ordinance.
(8)
Marijuana
establishments shall provide the Greenfield Police Department, Building
Inspector and the special permit granting authority with the names,
phone numbers and email addresses of all management staff and key
holders to whom one can provide notice if there are operating problems
associated with the establishment.
(9)
Marijuana establishments are not permitted as a home occupation, as defined per § 200-30 of the Greenfield Zoning Ordinance.
(10)
All applicants for marijuana establishments shall give 30 days' prior
written notice by certified mail to all preexisting houses of worship
within 300 feet of the public meeting at which the special permit
shall be considered by the Zoning Board of Appeals.
(11)
No marijuana establishment shall be permitted to operate from a movable,
mobile or transitory location, except as permitted for delivery operator
and courier licensees in accordance with 935 CMR 500.000.
(12)
Vehicles owned and operated by delivery operators and couriers must
include in their fleet at least 1/3 total vehicles of either hybrid
or electric vehicles for licensees owning six or more vehicles for
the purpose of delivery.
F.
Special permit requirements.
(1)
In addition to the application requirements set forth in Subsection E of this section, a special permit application for a marijuana establishment shall include the following:
(a)
Proof that the application to the CCC has been deemed complete pursuant
to 935 CMR 500.102.
(b)
The name and address of each owner of the facility.
(c)
Copies of all required licenses and permits issued to the applicant
by the Commonwealth of Massachusetts and any of its agencies for the
marijuana establishment.
(d)
Evidence of the applicant’s right to use the site of the marijuana
establishment for the marijuana establishment, such as a deed, or
lease.
(e)
If the applicant is a business organization, a statement under oath
disclosing all of its owners, shareholders, partners, members, managers,
directors, officers, or other similarly situated individuals and entities
and their addresses. If any of the above are entities rather than
persons, the applicant must disclose the identity of the owners of
such entities until the disclosure contains the names of individuals.
(f)
A certified list of all parties in interest entitled to notice of
the hearing for the special permit application, taken from the most
recent tax list of the City and certified by the City Assessor.
(g)
An approval letter from the Greenfield Chief of Police regarding
the proposed security measures for the marijuana establishment, including
lighting, fencing, gates and alarms, etc., to ensure the safety of
persons and to protect the premises from theft.
(2)
Mandatory
findings. The special permit authority shall not issue a special permit
for a marijuana establishment unless it finds that:
(a)
The marijuana establishment is designed to minimize any adverse visual
or economic impacts on abutters and other parties in interest, as
defined in MGL c. 40A, §11;
(b)
The marijuana establishment demonstrates that it will meet all the
permitting requirements of all applicable agencies within the Commonwealth
of Massachusetts and will be in compliance with all applicable state
laws and regulations; and
G.
Abandonment or discontinuance of use.
(1)
A
special permit shall lapse if not exercised within one year of issuance.
(2)
A
marijuana establishment shall be required to remove all material,
plants, equipment and other paraphernalia prior to surrendering its
state-issued licenses or permits, or within six months of ceasing
operations, whichever comes first.
A.
Purpose. The purpose of permitting accessory dwelling units (aka
accessory apartments or in-law apartments) is to:
(1)
Develop housing units in owner occupied single-family or two-family
homes that are appropriate for households at a variety of stages in
their life cycles;
(2)
Provide older homeowners with a means of obtaining rental income,
companionship, security, and services, thereby enabling them to stay
more comfortably in homes and neighborhoods they might otherwise be
forced to leave;
(3)
Add moderately priced rental units to the housing stock to meet the
needs of smaller households and make housing units available to low-
and moderate-income households who might otherwise have difficulty
finding housing;
(4)
Provide housing units for persons with disabilities;
(5)
Protect stability, property values, and the residential character
of a neighborhood;
(6)
Encourage increased housing density; and
(7)
Legalize existing conversions to encourage compliance with the State
Building Code.
B.
ACCESSORY DWELLING UNIT, ATTACHED
ACCESSORY DWELLING UNIT, DETACHED
ACCESSORY DWELLING UNIT, WITHIN
Definitions.
An attached accessory dwelling unit is a self-contained housing
unit added as an addition to a single-family or two-family home that
is clearly a subordinate part of the single-family or two-family home
and complies with each of the criteria stated in this chapter. This
definition does not include a trailer or mobile home, however mounted.
A detached accessory dwelling unit is a self-contained housing
unit that is located on the same lot as the structure of a single-family
or two-family home and may be incorporated within a garage or carriage
house or other accessory structure or as a standalone structure that
is clearly subordinate to the primary use as a single-family or two-family
home and complies with each of the criteria stated in this chapter.
This definition does not include a trailer or mobile home, however
mounted.
An accessory dwelling unit that is within a single-family
or two-family home is a self-contained housing unit incorporated within
the single-family or two-family home that is clearly a subordinate
part of the single-family or two-family home and complies with each
of the criteria stated in this chapter.
D.
Accessory dwelling unit standards.
(1)
The accessory dwelling unit shall be a complete, separate housekeeping
unit containing both kitchen and bath.
(2)
Only one accessory dwelling unit may be created within a single-family
or two-family house or house lot.
(3)
The owner(s) of the residence in which the accessory dwelling unit
is created must continue to occupy at least one of the dwelling units
as their primary residence.
(4)
The accessory dwelling unit shall be compatible in design with the
primary residence.
(5)
The maximum gross floor area of accessory dwelling units shall be
900 square feet or 1/3 the total gross floor area of the largest existing
unit in the home, whichever is greater.
(6)
A minimum of two but no more than four off-street parking spaces
must be available for use by the owner-occupants and tenants.
(7)
The construction of any accessory dwelling unit must be in conformity
with the State Building Code, Title V of the State Sanitary Code,
527 CMR - MA Fire Prevention Regulations and other local ordinances
and regulations.
(8)
Prior to issuance of a permit, the owner(s) must send a notarized
letter to the appropriate permitting authority stating that the owner(s)
will occupy one of the dwelling units on the premises as the owner's
permanent/primary residence.
(9)
When a structure which has received a permit for an accessory dwelling
unit is sold, the new owner(s), if they wish to continue to exercise
the permit, must, within 30 days of the sale, submit a notarized letter
to the Inspector of Buildings stating that they will occupy one of
the dwelling units on the premises as their primary residence. This
statement shall be listed as condition on any permits which are issued
under this section.
(10)
Permits issued under this section shall specify that the owner
must occupy one of the dwelling units. The special permit and the
notarized letters must be recorded in the Franklin County Registry
of Deeds or Land Court, as appropriate, in the chain of title to the
property, with documentation of the recording provided to the Inspector
of Buildings, prior to the occupancy of the accessory dwelling unit.
(11)
Prior to issuance of a permit, a floor plan must be submitted
showing the proposed interior and exterior changes to the building.
(12)
For dwellings to be served by on-site septic system, the owner
must obtain a letter from the Board of Health stating that the existing
sewage disposal system is adequate for the proposed accessory dwelling
unit before a building permit can be obtained.
(13)
In order to encourage the development of housing units for disabled
and handicapped individuals and persons with limited mobility, the
Inspector of Buildings, the Planning Board, or Zoning Board of Appeals
may allow reasonable deviation from the stated conditions where necessary
to install features that facilitate access and mobility for disabled
persons.
(14)
No accessory dwelling unit shall be held in separate ownership
from the principal structure or dwelling unit. If ownership is later
divided under Massachusetts Condominium Law, all units of the condominium
must be owner-occupied.
E.
Accessory dwelling units in existence before the adoption of the
Accessory Dwelling Unit Ordinance.
(1)
To ensure that accessory dwelling units or conversions in existence
before the adoption of this Accessory Dwelling Unit Ordinance are
in compliance with the State Building Code the following application
process is available.
(a)
The Zoning Board of Appeals may authorize, in consultation with
the Inspector of Buildings, a use known as an accessory dwelling unit
in an owner-occupied, single-family or two-family dwelling. The Board
in consultation with the Inspector of Buildings will review each existing
use on a case-by-case basis to determine if the dwelling conforms
to State Building Code.
(b)
The applicant must follow the same procedure described in this
section, including the submission of a notarized letter declaring
owner occupancy.
F.
Administration and enforcement.
(1)
It shall be the duty of the Inspector of Buildings to administer
and enforce the provisions of this section.
(2)
No building shall be constructed or changed in use or configuration
until the Inspector of Buildings has issued a permit. No permit shall
be issued until a sewage disposal works permit, when applicable, has
first been obtained from the Board of Health and the proposed building
and location thereof conform with the City's laws and ordinances.
Any new building or structure shall conform to all adopted state and
City laws, ordinances, codes and regulations. No accessory dwelling
unit shall be occupied until a certificate of occupancy has been issued
by the Inspector of Buildings where required.
(3)
The Inspector of Buildings shall refuse to issue any permit, which
would result in a violation of any provision of this chapter or in
a violation of the conditions or terms of any special permit or variance
granted by the special permit granting authority or its agent.
(4)
The Inspector of Buildings shall issue a cease and desist order on
any work in progress or on the use of any premises, either of which
are in violation of the provisions of this chapter.
(5)
Upon request of the homeowner applicant, the Zoning Board of Appeals as SPGA may, after making findings of fact that a waiver is merited given the totality of circumstances based on any or all of the following factors, waive standards of Subsection D of this section.
(a)
The showing of good and sufficient cause that a waiver is not
inconsistent with the purposes of this chapter as a whole;
(b)
A determination that failure to grant the waiver would result
in exceptional hardship to the applicant;
(c)
Danger to life or property;
(d)
The necessity to accommodate requests of the Conservation Commission,
Planning Board or Historical Commission or any municipal department;
(e)
Extraordinary expense which is undue given the purpose of the
provision(s) waived;
(f)
The availability of alternative methods to substantially meet
the purpose of the provision(s) waived;
(g)
No municipal function, nor any direct abutter, will be substantially
affected by the waiver.
A.
Purpose.
(1)
Commercial-scale wood burning is a common practice in Greenfield.
The health effects of wood smoke exposure have been well documented
and the American Lung Association and other health organizations advise
against wood combustion because of the adverse health outcomes. In
order to minimize wood smoke exposure to the residents of Greenfield,
it is important to establish clear and enforceable standards that
take into consideration already existing uses of wood for fuel and
the need to reduce air pollution exposures.
(2)
The rules governing biomass and wood-burning energy systems set forth
in this section are subject to review as biomass and wood-burning
energy system technologies improve efficiency and operating standards.
B.
Applicability. Any new or existing commercial biomass energy systems,
located in the City of Greenfield, for thermal, electricity or combined
heat and power (CHP) use located on any property shall be subject
to all requirements of this section. Commercial biomass energy systems
shall be allowed by right within the Planning Industry (PI) and General
Industry (GI) Zoning Districts with site plan review by the Planning
Board. Commercial biomass energy systems shall be allowed by special
permit from the Zoning Board of Appeals within the Central Commercial
(CC), Limited Commercial (LC), General Commercial (GC), Health Service
(H), and Office (O) Zoning Districts. Commercial biomass energy systems
shall be prohibited within the Rural Residential (RC), Suburban Residential
(RB), Urban Residential (RA), and Semi-Residential (SR) Zoning Districts.
C.
ANAEROBIC DIGESTER
BIOMASS ENERGY SYSTEM
CLEAN DRY WOOD
CLEAN WOOD CHIPS
CLEAN WOOD PELLETS
COMMERCIAL BIOMASS ENERGY SYSTEM
EXISTING BIOMASS BURNING ENERGY SYSTEMS
INDUSTRIAL WOOD-BURNING ENERGY SYSTEM
NEW BIOMASS ENERGY SYSTEM
NONCOMPLIANT ENERGY SYSTEMS, APPLIANCES OR DEVICES
OWNER
RESIDENTIAL BIOMASS ENERGY SYSTEM
SENSITIVE RECEPTOR SITES
STICK WOOD BOILER
TOTAL COMBINED CAPACITY
WASTE-TO-ENERGY SYSTEM
Definitions:
The naturally occurring process that converts organic compounds
such as wastewater sludge and regional or local organic waste to produce
biogas (methane), which can be used as a fuel for thermal use, electricity
production, CHP, or as compressed natural gas.
A thermal and/or energy producing energy system that uses
wood pellets, wood chips or stick wood for fuel.
Wood that has no paint, stains, or other types of coatings,
and wood that has not been treated with preservatives, including,
but not limited to, copper chromium arsenate, creosote, or pentachlorophenol,
and with a moisture content of 20% or less.
Wood chips that are derived from wood that has no paint,
stains, or other types of coatings, and wood that has not been treated
with preservatives, including, but not limited to, copper chromium
arsenate, creosote, or pentachlorophenol.
Pellets that are of 100% wood composition with no construction
or demolition debris such as pressure treated or painted wood (which
may contain heavy metals such as copper, chromium, arsenic, lead and
cadmium) or plastic binders or fillers. Pellets must have a calorific
value of no less than 8000 Btu/lb, low ash content (<1%), low moisture
content (<8%), chlorides less than 300 ppm and no other additives
(0%).
Any biomass burning energy system for thermal, electricity
or combined heat and power located on a single property with a total
and combined capacity over 250,000 and up to one million btu's
per hour rated heat input as rated by the test method identified in
310 CMR 7.26(54)(c)2.
Any biomass energy system contracted and paid for, or installed
before June 17, 2015.
Any biomass energy system for thermal, electricity or combined
heat and power located on a single property with a total and combined
capacity of more than one million btu per hour rated heat input as
rated by the test method identified in 310 CMR 7.26(54)(c)2.
Any biomass energy system contracted and paid for, or installed,
after June 17, 2015.
Any biomass burning use that does not meet the criteria of
this section.
The owner of any wood-burning energy system or appliance
and/or the authorized agent of the owner and/or the person who has
overall responsibility for the operation of a biomass energy system.
A biomass burner or boiler that delivers heat to a home or
apartment.
All institutional applications at schools, health care facilities,
nursing homes, or other locations with similar sensitive populations.
A boiler that burns logs or other unprocessed wood, rather
than wood chips or pellets.
Total or combined capacity means the number of btu's
for all uses on a single property based on the thermal only btu capacity.
Any energy system that produces thermal energy, electrical
energy or combined heat and power from solid waste relying on combustion,
pyrolization or other advance combustion technologies.
F.
Allowable fuels for all new and existing commercial wood-burning
energy systems:
(1)
Only clean dry wood, clean wood pellets or clean wood ships are allowed.
G.
Prohibited fuels. No person shall cause, suffer, allow or permit
the burning of any of the following items in a biomass energy system:
(1)
Any wood that does not meet the definition of "clean dry wood";
(2)
Garbage;
(3)
Tires;
(4)
Lawn clippings, leaves, brush trimmings, or general yard waste;
(5)
Materials containing asbestos;
(6)
Materials containing lead, mercury, or other heavy or toxic metals;
(7)
Materials containing plastic;
(8)
Materials containing rubber;
(9)
Waste petroleum products;
(10)
Paints and paint thinners;
(11)
Chemicals;
(12)
Coal;
(13)
Glossy or colored papers;
(14)
Construction and demolition debris;
(15)
Plywood;
(16)
Particleboard;
(17)
Salt water driftwood and other previously salt water saturated
materials;
(18)
Manure;
(19)
Animal carcasses;
(20)
Asphalt products; and
(21)
Medical waste.
H.
Nuisances for all new or existing commercial wood-burning energy
systems.
(1)
No person shall cause, suffer, allow or permit the operation of any
wood-burning energy system in such a manner as to create a condition
of air pollution as defined in 310 CMR 7.00.
(2)
No person shall cause, suffer, allow or permit the operation of any
biomass energy system except in conformance with the manufacturer's
operating and maintenance instructions.
(3)
No wood-burning energy system shall create a nuisance to the surrounding
properties or the public as defined and enforced under MGL c. 111,
§ 122.
I.
Biomass energy system change-out requirements.
(1)
Any commercial biomass energy system for thermal, electricity or
CHP use located on any property shall be uninstalled, and no longer
used on that property in the case that the property changes ownership,
unless it meets the requirements for biomass energy systems defined
in this chapter within six months of sale.
J.
Performance standards for commercial biomass energy systems.
(1)
All new commercial-scale wood-burning devices or energy systems shall
be subjected to a Board of Health environmental impact site assignment.
(2)
New commercial biomass energy systems must achieve the following
standards. All systems shall be limited to high-efficiency and low-emissions
systems with thermal storage, bulk storage and emission control technology
and use a sustainable premium wood pellet fuel or clean dry wood or
clean wood chips. The system operation must be optimized using an
energy management system to provide maximum efficiency on a seasonal
and diurnal basis and minimize boiler cycling. Commercial biomass
energy systems must follow each of these criteria.
(a)
Efficiency standards. Commercial wood pellet energy systems
and wood chip energy systems must be fully automatic in the case of
pellet boilers, and wood chip boilers must have a fully automated
combustion process, though fuel can be delivered manually from the
bulk storage container to the combustion day bin. They must be low
mass (low volume) and have sensors and controls to optimize combustion
performance. This is most easily achieved using a staged combustion
design with lambda control. All commercial biomass energy systems
must have a minimum efficiency of 85% at rated output using the higher
heating value (HHV) of the pellet fuel or wood chip fuel if tested
using an input/output method. Alternatively a simple full load, steady-state
combustion efficiency measurement by the stack loss method (Canadian
Standards Association B415) may be used, but in this case, the minimum
efficiency requirement is 88% HHV. Where combustion efficiency is
used, the return water temperature must be greater than 130° F.
[1]
Multi-boiler cascade system (recommended for all commercial
biomass energy systems) cascading two or more biomass boilers allows
for the installed equipment to meet seasonal heat demand most efficiently.
Boilers are brought online at maximum efficiency as needed to meet
the heating load.
[2]
Energy-efficient motors. All commercial biomass energy systems
must have motors that are National Electrical Manufacturers Association
(NEMA) designated "premium efficiency" motors. Motors must meet or
exceed NEMA's MG1-1993 standard.
(b)
Emissions standards.
[1]
Fine particles (PM): The biomass system for commercial installations
shall have a PM emissions rate of no more than 0.080 lb/MMBtu. All
institutional applications at schools, health care facilities, nursing
homes, or other locations with similar sensitive populations, must
have a PM emissions rate of no more than 0.030 lb/MMBtu.
Installers and owners shall include advanced emissions control
including bag houses and static precipitator technology to achieve
emissions rates lower than these basic requirements, including emissions
control technologies such as condensing units that can also improve
energy efficiency of the heating system. The owner will be required
to submit particulate emissions performance verification results.
Testing for PM must have been performed by an independent third-party
using the U.S. Environmental Protection Agency (EPA) Conditional Test
Method 39, EPA Federally Referenced Methods 5 and 202, or EPA Other
Test Method 15. Alternatively, European Norm 303-5 test results may
also be considered, but must include dust and organic gases.
[2]
Carbon monoxide (CO): Commercial biomass energy systems must
have a flue gas CO concentration at rated output of no more than 270
ppm at 7% oxygen at high load. For health and safety, a CO detection
system must be included in the boiler room design. The CO monitoring
system must have the ability to sound an audible alarm, provide phone
notification to energy systems staff and trigger an automatic boiler
shutdown if necessary.
[3]
Nitrogen oxide emissions: Wood pellet and wood chip boilers
shall use a staged combustion cycle in order to reduce nitrogen oxide
emissions.
[4]
Stack height: The design of the exhaust stack and location should
be done carefully to prevent exposure to building occupants and visitors
or to people in frequently occupied outdoor areas such as playgrounds.
The energy systems boiler stack height must be sufficient to adequately
disperse emissions from the immediate vicinity and prevent entrainment
of exhaust gases and particles into the building air intakes and to
minimize exposure at ground level adjacent to the building on which
the stack is being located.
At a minimum, the stack shall be five feet above the highest
point of the building that it is serving and above the roof height
of any other taller building within 100 feet of the unit. In no case
should the stack height be at or below the building height. In addition,
the stack should not be placed in close proximity to an air intake
or operable window. Stack design should also minimize horizontal piping
and bends.
(c)
Health and environmental impact assessment. To reduce exposure
to outdoor air pollutants with a particular focus on burdened neighborhoods
commercial biomass energy systems at schools, hospitals or locations
with similar populations, the owner will be required to perform a
health assessment (e.g., air impact assessment) to evaluate the potential
public health risks associated with burning biomass. This assessment
consists of modeling the anticipated emissions due to the new commercial
biomass system and evaluating the resulting concentrations with a
focus on ambient concentrations in the schoolyard, near doors and
windows, and at building air intakes. An estimate of the number of
deliveries by the pellet trucks or wood chip trucks and a comparison
to the current fuel delivery schedule must be included as well. The
resulting ambient particulate and gaseous concentrations are then
compared to the conditions existing prior to the pellet or wood chip
heating system installation. If there is a net increase in ambient
concentrations, then an assessment of exposure is performed. Owners
shall include an assessment of any higher emitting biomass sources
(e.g., outdoor wood boilers or pre-certification wood stoves) to be
switched out with a cleaner burning unit to result in no net increase
in emissions for the immediate vicinity.
(d)
Proper boiler sizing. Commercial biomass energy systems shall
be sized to meet the current heat load of the building, not the anticipated
heat load or the peak load. Cascading boilers using biomass or existing
fossil fuel boilers shall cover peak heat loads. Additionally, the
biomass energy system must be designed for installation in a weatherproof,
insulated space inside a building, either in a basement or a room
designed specifically to accommodate the system. If space does not
permit, it may be installed in a separate structure. Boilers and systems
must be sized and systems planned to optimize performance throughout
the heating season using thermal storage. Use of a cleaner heat source
during heating season shoulders (late October or March) and for supplemental
needs is strongly encouraged. These cleaner heat sources may include,
for example, natural gas-, propane-, or oil-fired boilers and solar
thermal sources. A bin-hour analysis of heating needs based on an
energy audit, previous heating needs, and historical local temperatures
during the heating season should be performed. The annual heat load
profile, diurnal heat load profile on demand day, and diurnal heat
load profile on a shoulder day should also be determined. Biomass
energy systems shall be sized to <60% of
the design load as it will capture the majority of the heating season
and promote higher performance. Higher loads may be met by utilizing
an existing natural gas, propane, or oil-fired boiler, a new boiler,
staging of wood fired boilers, or some other strategy involving careful
energy management and thermal storage. Low loads, common during shoulder
months, can be met by an auxiliary boiler or other energy management
strategy. The energy system must be sized based on the heat load of
the building where the heat load is determined using a well defined
protocol such as Manual J of the Air Conditioning Contractors of America
(ACCA) or an equivalent energy simulation program.
(e)
Thermal storage. Commercial-scale systems must include thermal
storage to minimize boiler cycling and to assist in energy management
strategies. The minimum size thermal storage should be based on the
boiler manufacturer's recommendation for the application and
size of the boiler but must not be less than 20 gallons per 10,000
Btu/h. For example, a commercial 1.0 MMBtu/h boiler would require
a minimum storage of 2,000 gallons.
(f)
Pellet and woodchip storage. The risks of exposures of high
levels of dust and off-gas CO shall be minimized. Due to concerns
regarding explosive dust and CO exposure and the absence of a documented
effective ventilation strategy for pellet and wood chip storage, all
pellets and woodchips storage must be outside of the building. That
may include confined spaces that are: 1) large enough for a person
to enter to perform work, 2) have limited means of ingress and egress,
and 3) are not intended for human occupancy. Pellet storage silos
meet these criteria and because of the CO off-gassing, require an
Occupational Safety and Health and Administration (OSHA) permit. Owners
shall identify fire and building code and health and safety features
including all applicable training requirements for personnel. Signs
communicating potential CO hazards associated with bulk pellet and
wood chip storage must also be posted. In addition:
[1]
Pellet boiler systems must utilize an appropriately sized covered
bulk fuel storage unit suitable for the capacity of the proposed boiler;
and must receive bulk pellet delivery.
[2]
Wood chip boiler systems must utilize an appropriately sized
covered bulk fuel storage unit suitable for the capacity of the proposed
boiler. Recommended: Bulk chip storage units utilizing air flow to
partially remove water vapor from wood chip surfaces and to improve
the caloric value of the feedstock is HIGHLY recommended. Owners should
evaluate incorporating any technology utilizing passive evaporation
from airflow such as solar hot air, waste or by-product heating or
active heating such as fan blown air to partially pre-dry chips. An
accumulator tank is recommended to prolong pump life.
(g)
Energy management system.
[1]
The commercial biomass energy system must use an energy management
system and optimize boiler operation to meet seasonal and diurnal
heating needs of the particular building's heat load. The system
design should use a strategy that optimizes the use of both the pellet
or woodchip boiler and thermal storage and the temperature requirements
of the heat distribution system. By using a large enough thermal storage
tank to help meet the peak demand and a properly sized boiler, the
call for heat may be met with a smaller boiler without the need for
additional heat input from the existing oil-fired boilers. The hot
water storage can be recharged during periods when there is little
call for heat in the building, which is several hours each day.
[2]
All systems shall modulate to lower output and/or shut down
when the heating load decreases or has been satisfied.
[3]
Pellet boilers and wood chip boilers must use a multipass heat
exchanger.
[4]
Containerized high-efficiency biomass systems that offer substantial
savings compared to boiler room renovations are encouraged, but not
required. When containers are used, the stack height must be sufficient
to adequately disperse emissions from the immediate vicinity and prevent
entrainment of exhaust gases and particles into the building air intakes.
Steps should be taken to minimize thermal losses to non-heated spaces
including, but not limited to, insulating the container that houses
the boiler and insulating pipes between the container and building(s)
being served.
(h)
Integration of solar thermal. The integration of solar thermal
water heating technology is encouraged. A solar thermal integration
reduces fuel consumption and can prolong the life of the biomass boiler.
A solar thermal system would be integrated into the biomass heating
system using best engineering practices.
K.
Air plan application. All solid fuel hand fed Biomass Boilers over
1 MMBTU heat input rating, and solid fuel automatic fed Biomass Boilers
over 3 MMBTU heat input rating, as subject to 310 CMR 7.00, must submit
a comprehensive plan application to MassDEP.
L.
Continuous compliance. All institutional, commercial and industrial
boilers, as defined in 40 CFR Part 63 Subpart JJJJJJ, § 63.11237
are subject to a biennial tune-up as defined in 40 CFR Part 63 Subpart
JJJJJJ, § 63.11223, and annual tune ups according to MGL
Chapter 146.
M.
Severability. Each part of this regulation shall be construed as
separate to the end that if any paragraph, sentence, clause, or phrase
thereof shall be held invalid for any reason, the remainder of that
regulation and all other regulations shall continue in full force.
If regulations are promulgated by the Greenfield Board of Health,
or state, federal or other local agencies that are more restrictive
than the present regulations, the state, federal or local regulations
will supersede only those portions of this regulation that are less
restrictive than those state, federal of local regulations.
N.
Remedies. The owner of any biomass energy system operated in violation
of this section shall be warned on two separate occasions. Thereafter,
the owner will be punished for the first offense, by a fine of not
less than $50 nor more than $100 and for a subsequent offense, by
a fine of not less than $200 nor more than $300. For the purpose of
this subsection each day or part thereof of violation of these regulations
whether such a violation is continuous or intermittent shall be construed
as a separate and succeeding offense. The enforcement agents shall
order the energy system cease its operation if the energy system is
deemed a continued nuisance or a health hazard.
O.
Enforcement. This section shall be enforced by the Board of Health,
Fire Department, Building Inspector, or their designees.
The rules governing Biomass and Wood-Burning Energy Systems
set forth in this section are subject to review as biomass and wood-burning
energy system technologies improve efficiency and operating standards.
