[Amended 8-2-2024; 9-9-2024; 10-16-2024]
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 protected.
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" x 17". 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] nor 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 registered landscape architect at a scale of one inch equals 40 feet and shall be on standard twenty-four-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, public water lines, private wells, sewer systems, water systems, and septic systems, and telecommunications infrastructure and other 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, septic systems, connections for fire hydrants, and telecommunications infrastructure and other utilities;
(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.
[2]
Editor's Note: See Ch. 550, Planning Board, Art. V, Subdivision Regulations.
(4) 
Additional submittal requirements:
(a) 
Proposed design features to integrate the development into the existing landscape, the surrounding neighborhoods, and enhance aesthetic assets;
(b) 
Pre- and post-development runoff calculations;
(c) 
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;
(d) 
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;
(e) 
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.
(2) 
Multifamily dwellings shall also meet the design requirements for multifamily dwellings, § 200-40, of this chapter.
F. 
Lots/units.
(1) 
The maximum initial number of dwelling units permitted in an OSCD shall be calculated by a formula based upon the net acreage of the parcel. This formula takes into account site-specific development limitations that make some land less suitable for development than other land. The factors named below are included for net acreage calculation purposes only and do not convey or imply any regulatory constraints on development that are not contained in other applicable provisions of law, including the City of Greenfield Zoning Ordinance. To determine net acreage, subtract the following from the total (gross acreage of the site):
(a) 
10% of the acreage of land with slopes of 25% or greater;
(b) 
10% of the total acreage of land subject to easements or restrictions prohibiting development, lakes, ponds, vernal pools, 100-year floodplains as most recently delineated by FEMA, Zone I and A around public water supplies, and all wetlands as defined in Chapter 131, Section 40 of the General Laws and any state or local regulations adopted there under, as delineated by an accredited wetlands specialist and approved by the Conservation Commission; and
(c) 
10% of the remaining acreage after the areas of Subsection F(1)(a) and (b) are removed to account for subdivision roads and infrastructure;
(2) 
The maximum initial number of allowable dwelling units on the parcel shall be determined by dividing the net acreage determined under § 200-39F(1) above, by the minimum lot area requirement of the district under this zoning ordinance. Fractional units of less than 0.5 shall be rounded down and fractional units of 0.5 or more shall be rounded up.
(3) 
For parcels located in more than one zoning district, the maximum initial allowable number of dwelling unit for each zoning district shall be computed separately first. These totals shall be added together and then rounded as above. The allowable number of maximum bonus dwelling units for the entire OSCD shall be calculated based upon this combined total number of dwelling units. The permitted location of the dwelling units and Protected Open Space shall be wherever the Planning Board determines best fits the characteristics of the land, based upon the Conservation Analysis and Findings described in Article 2 of the Subdivision Regulations.[3]
[3]
Editor's Note: See Ch. 550, Planning Board, Art. V, Subdivision Regulations.
G. 
Density bonus.
(1) 
The Planning Board may award via special permit a density bonus to increase the number of dwelling units beyond what is allowed under § 200-39F of this chapter. The additional number of dwelling units permitted under this § 200-39G shall be known as the OSCD's "density bonus." When determining the final total number of bonus dwelling units, fractional units of less than 0.5 shall be rounded down and fractional units of 0.5 or more shall be rounded up. The maximum density bonus award is subject to the adequate spacing needed for utilities (see Subsection J(2) of this section).
(2) 
Bonus density incentives:
Design Feature
Bonus
OSCD protects 10% above the minimum requirement for the District
10%
OSCD protects 15% above the minimum requirement for the District
5% for each additional 5% protected
OSCD protects 20 or more contiguous acres
10%
OSCD protects land contiguous to an already protected area outside the OSCD parcel so as to increase the practical area of working agricultural land, forest, or wildlife habitat in the already protected area by 25%
10%
OSCD allocates more than 30% of the allowed lots for two-family, three-family, or multi-family homes
10%
OSCD contains units that have a maximum HERS rating of 0 (Net-Zero Energy homes)
10% bonus if 20% or more of the units meet this standard
OSCD design orients all homes for future rooftop solar PV installations
5%
OSCD design includes the installation of solar PV on all rooftops
10%
OSCD contains dwelling units that can be counted towards Greenfield's 10% affordable housing requirement set by Chapter 40B
10% bonus if 20% or more of the units meet this standard
OSCD contains dwelling units designated as affordable senior housing (55+)
5% if at least 10% of the units meet this standard
All homes in the OSCD include water collection for irrigation
5%
OSCD design includes recreational opportunities for the public by providing access to walking trails or other passive forms of recreation
5%
OSCD protects mature trees in the development area
5%
H. 
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.
(4) 
Flag lots which meet the requirements of § 200-46 of this chapter shall be permitted.
(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 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.
(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.
I. 
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 50% in Rural Residential (RC) zones. In no case shall a parcel of common open space be less than one acre in Urban Residential (RA) zones or one and one-quarter acres in Suburban Residential (RB) or Rural Residential (RC) zones. At least one-half of the open space shall be shaped for land uses such as recreation and agriculture. To the extent possible, the preserved land shall form a contiguous tract.
(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 principle 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.
(d) 
Conveyed to a non-profit land trust whose principal purpose is to conserve farmland and/or forestland, subject to the covenant requiring employment of land management practices that will ensure existing agricultural fields and pastures will be mowed or plowed at least once per year. Included with the covenant shall be copies of the lease, for a minimum of five years, with a farmer or operator who will use the land for agricultural purposes.
(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.
J. 
Improvements.
(1) 
Roadways, drainage, utilities, sidewalks, and grading shall be designed in accordance with the Greenfield Subdivision Regulations.[4]
[4]
Editor's Note: See Ch. 550, Planning Board, Art. V, Subdivision Regulations.
(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.
(6) 
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.
(7) 
Each lot shall have adequate access on a public way or on a private way approved under the Greenfield Subdivision Regulations.[5]
[5]
Editor's Note: See Ch. 550, Planning Board, Art. V, Subdivision Regulations.
(8) 
The design shall include a planting plan that includes sufficient native trees and plantings to improve the visual character of the development and screen structures from public ways.
K. 
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.
L. 
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 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;
(3) 
The Planning Board may impose a development phasing schedule in accordance with § 200-60 of this chapter.
M. 
Further requirements upon approval.
(1) 
There shall be no 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.
[1]
Editor's Note: See Ch. 550, Planning Board, Art. V, Subdivision Regulations.
(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.
(10) 
A special permit for multifamily dwellings shall not be granted unless the Zoning Board of Appeals finds that the requirements of § 200-60 of this chapter have been met.
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.
[1]
Editor's Note: See Ch. 368, Soil Removal.
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;
F. 
A sign identifying the operation shall not exceed the sign requirements for the district in which it is located in accordance with § 200-34 of this chapter.
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.
[Amended 5-8-2025]
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. 
First-floor dwelling units shall not be allowed along the street side with the highest traffic use, and shall be ADA compliant. First-floor dwelling units shall be located behind commercial space(s). First floor commercial space(s) shall occupy no less than 50% of first floor square footage;
B. 
Business uses mixed with residential uses above the first 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;
H. 
Mixed uses shall comply with the site plan review requirements of § 200-61;
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;
J. 
Mixed uses in the GC, LC, SR, and H Districts shall comply with the dimensional requirements for multifamily dwellings as specified in Article V of this chapter.
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:
(1) 
The special permit criteria in § 200-60F of this chapter.
(2) 
The site plan approval guidelines in § 200-61 of this chapter.
(3) 
The standards for evaluating the impacts of a project set forth in the Major Development Review Rules and Regulations for Impact Statements.
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.
(3) 
Upon review of the project, the SPGA shall:
(a) 
Deny the special permit, stating specific conditions which cannot be sufficiently mitigated; or
(b) 
Grant the special permit with conditions, safeguards and/or limitations, stated in writing; or
(c) 
Grant the special permit as presented.
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. 
Definitions. For purposes herein:
ADULT ENTERTAINMENT USES
Includes the following uses:
(1) 
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.
(2) 
ADULT CABARETA nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment which features:
(a) 
Persons who appear in a state of nudity; or
(b) 
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
(c) 
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.
(3) 
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.
(4) 
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.
(5) 
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.
(6) 
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.
(7) 
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.
(8) 
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.
(9) 
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.
(10) 
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.
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. 
Definitions.
CARRIER
A company that provides wireless communication services.
CO-LOCATION
The use of a single wireless communication structure by more than one carrier.
WIRELESS COMMUNICATION BUILDING
Any building or shelter used to house equipment primarily used for wireless communication devices.
WIRELESS COMMUNICATION DEVICE
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.
WIRELESS COMMUNICATION FACILITY
A general term to include wireless communication structures, communication devices, and wireless communication buildings.
WIRELESS COMMUNICATION STRUCTURE
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. 
Exemptions. The following shall be exempt from this section:
(1) 
Wireless communication facilities used solely for City, state, or federal emergency services.
(2) 
Amateur radio towers used in compliance with the Federal Communications Commission (FCC) and used solely for that purpose.
(3) 
Wireless communication structures used expressly for television and radio reception and transmission including dish antennae, which are covered in § 200-29D of the Greenfield Zoning Ordinance.
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.
(a) 
Existing or approved wireless communication structure or existing nonresidential structure.
(b) 
General and Planned Industry Districts.
(c) 
General Commercial District.
(d) 
Rural Residential District.
(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.
[1]
Editor's Note: See Ch. 590, Zoning Board of Appeals.
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
[11] 
Description of financial surety that satisfies Subsection C(13)(c) of this section.
[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:
[1] 
Location on the site plan of all existing trail networks and woods roads in the project area; and
[2] 
Map of adjacent properties and land uses.
(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:
[a] 
Front yard: The front yard depth shall be at least 50 feet.
[b] 
Side yard. Each side yard shall have a depth at least 25 feet.
[c] 
Rear yard. The rear yard depth shall be at least 25 feet.
[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; 7-20-2022; 12-21-2022]
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 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.
[Amended 3-20-2024]
(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, Definitions, of the Zoning Ordinance: "cannabis or marijuana," "craft marijuana cooperative," "Commission (CCC)," "hemp," "host community," "host community agreement," "marijuana courier," "marijuana cultivator," "marijuana cultivation-indoor," "marijuana cultivation-outdoor," "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 keyholders 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.
(13) 
No marijuana outdoor cultivation in the RC Zone shall be located within a distance of 400 feet from the nearest residential property line as measured in a straight line as the shortest distance from the edge of the marijuana canopy to the edge of the nearest residential property line.
(14) 
All marijuana establishments shall comply in every respect with the requirements 935 CMR 500.110, which regulates security requirements for marijuana establishments.
(15) 
No outdoor marijuana cultivation establishment shall allow cultivation, processing, manufacture, sale, or display of marijuana or marijuana products to be visible from a public place without the use of binoculars, aircraft, or other optical aids.
(16) 
No marijuana cultivation facility, indoor or outdoor, shall create a nuisance to areas surrounding its premises and to adjacent properties. "Nuisance" includes odors emanating from an outdoor or an indoor cultivation. An indoor marijuana cultivation shall be ventilated and an outdoor marijuana cultivation shall be managed in such a manner that no odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at any exterior boundary line of the cultivation property, or at the property line of any adjoining use or property. The exhaust system to control odor shall be designed by a licensed professional air quality/environmental engineer recognized by the commonwealth. Outdoor cultivation of marijuana will implement industry best practices to eliminate any noticeable trace of marijuana odor at the perimeter of property of the cultivation site. Any property owner may file an odor complaint by filing a report with the City Board of Health for investigation. The Board shall have jurisdiction to regulate and control odors. The Board of Health shall ensure that emissions do not violate MGL c. 111, § 31C, including but not limited to those specified for odors. Marijuana cultivators found to be in violation of an order by the Board of Health shall be subject to the provisions of MGL c. 111, § 31C.
(17) 
Lighting from any Indoor or outdoor marijuana cultivation shall not extend beyond property lines. Artificial lighting from within any building(s) shall not create light pollution.
(18) 
All applications for a special permit for marijuana cultivation must include a water management plan, submitted by the applicant. It shall be prepared by an independent qualified hydrogeologist or other qualified professional who is approved by the City. The plan will then be reviewed by the DPW Director. It must demonstrate that water usage at full capacity will not adversely impact the public water supplies of the City. Said water management plan shall also include recommending best management practices, including mandating the metering of water usage on all cultivations, practices to reduce and recycle water usage to accommodate various levels of drought, and other proposed mechanisms to minimize adverse impacts on the City's water supplies and/or the existing private wells in use in the City and/or adjoining municipalities.
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.
(h) 
Site design and other development related site impacts.
(i) 
Liability insurance coverage or maintenance of escrow as required in 935 CMR 500.105(10).
(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
(c) 
The applicant has satisfied all of the conditions and requirements of Subsections E and F herein.
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.
[Amended 5-8-2025]
A. 
Purpose. The purpose of this section is to allow for accessory dwelling units (ADUs), as defined under MGL c. 40A, § 1A, to be built as-of-right in single-family zoning districts in accordance with Section 3 of the Zoning Act (MGL c. 40A), as amended by Section 8 of Chapter 150 of the Acts of 2024, and the regulations under 760 CMR 71.00: Protected use accessory dwelling units. This zoning provides for by-right ADUs to accomplish the following purposes:
(1) 
Develop housing units in single-family that are appropriate for households at a variety of stages in their life cycle;
(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. 
Definitions.
ACCESSORY DWELLING UNIT (ADU)
A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that: (a) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the Building Code for safe egress; (b) is not larger in gross floor area than 900 square feet; and (c) is subject to such additional restrictions as may be imposed by a municipality including, but not limited to, additional size restrictions, and restrictions or prohibitions on short-term rental as defined in Section 1 of chapter 64G; provided, however, that no municipality shall unreasonably restrict the creation or rental of an ADU that is not a short-term rental.
BUS STATION
A location serving as a point of embarkation for any bus operated by a transit authority.
COMMUTER RAIL STATION
Any commuter rail station operated by a transit authority with year-round service with trains departing at regular time intervals, rather than intermittent, seasonal, or event-based service.
PROHIBITED REGULATION
Zoning or general ordinances or bylaws, or municipal regulations that are prohibited pursuant to 760 CMR 71.03(2).
PROTECTED USE ADU
An attached or detached ADU that is located, or is proposed to be located, on a lot in a single-family residential zoning district and is protected by MGL c. 40A, § 3, provided that only one ADU on a lot may qualify as a Protected Use ADU. An ADU that is nonconforming to Zoning shall still qualify as a protected use ADU if it otherwise meets this definition.
SHORT-TERM RENTAL
Short-term rental, as defined in MGL c. 64G, § 1.
UNPROTECTED ADU
A second ADU on a single family lot or any ADU on a two-family lot.
UNREASONABLE REGULATION
Zoning or general ordinances or bylaws, or municipal regulations that are unreasonable pursuant to 760 CMR 71.03(3).
C. 
Applicability.
(1) 
See §§ 200-8 through 200-19 and Appendix A, Table of Uses, for permitting requirements.
(2) 
For detached accessory dwelling units that require special permit approval, the Planning Board shall be the SPGA.
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 protected accessory dwelling unit may be created within a single-family house or house lot.
(3) 
The accessory dwelling unit shall be compatible in design with the primary residence.
(4) 
The maximum gross floor area of accessory dwelling units shall be 900 sq. ft.
(5) 
A minimum of two but no more than four off-street parking spaces must be available for use by the owner-occupants and tenants. Off-street parking is not required for an accessory dwelling unit located within one-half mile from a commuter rail station or bus station (bus stop).
(6) 
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.
(7) 
Prior to issuance of a permit, a floor plan must be submitted showing the proposed interior and exterior changes to the building.
(8) 
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.
(9) 
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.
(10) 
Accessory dwelling units shall not be used for short-term rentals.
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 Inspector of Buildings or the Planning Board may authorize a use known as an accessory dwelling unit in a single-family dwelling. 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.
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 section 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 Inspector of Buildings or the Planning Board 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 Section 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. 
Definitions:
ANAEROBIC DIGESTER
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.
BIOMASS ENERGY SYSTEM
A thermal and/or energy producing energy system that uses wood pellets, wood chips or stick wood for fuel.
CLEAN DRY WOOD
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.
CLEAN WOOD CHIPS
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.
CLEAN WOOD PELLETS
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%).
COMMERCIAL BIOMASS ENERGY SYSTEM
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.
EXISTING BIOMASS BURNING ENERGY SYSTEMS
Any biomass energy system contracted and paid for, or installed before June 17, 2015.
INDUSTRIAL WOOD-BURNING ENERGY SYSTEM
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.
NEW BIOMASS ENERGY SYSTEM
Any biomass energy system contracted and paid for, or installed, after June 17, 2015.
NONCOMPLIANT ENERGY SYSTEMS, APPLIANCES OR DEVICES
Any biomass burning use that does not meet the criteria of this section.
OWNER
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.
RESIDENTIAL BIOMASS ENERGY SYSTEM
A biomass burner or boiler that delivers heat to a home or apartment.
SENSITIVE RECEPTOR SITES
All institutional applications at schools, health care facilities, nursing homes, or other locations with similar sensitive populations.
STICK WOOD BOILER
A boiler that burns logs or other unprocessed wood, rather than wood chips or pellets.
TOTAL COMBINED CAPACITY
Total or combined capacity means the number of btu's for all uses on a single property based on the thermal only btu capacity.
WASTE-TO-ENERGY SYSTEM
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.
D. 
Prohibited uses.
(1) 
Waste-to- energy systems shall be prohibited in the City.
(2) 
Industrial biomass energy systems shall be prohibited in the City.
E. 
Exemptions. This section shall not apply to:
(1) 
Anaerobic digesters.
(2) 
Residential biomass energy systems.
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.