Town of Freetown, MA Article IV Overlay Districts

§ 300-4.1 Floodplain Overlay District.

[Amended 5-5-1980 ATM; 10-27-2008 STM; 6-1-2009 ATM; 6-16-2014 ATM; 6-15-2015 ATM; 6-7-2021 ATM by Art. 17]

A. Statement of purpose. The purposes of the Floodplain District are to:

(1) Ensure public safety through reducing the threats to life and personal injury;

(2) Eliminate new hazards to emergency response officials;

(3) Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;

(4) Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility networks and impact regions of the community beyond the site of flooding;

(5) Eliminate the costs associated with the response and cleanup of flooding conditions;

(6) Reduce damage to public and private property resulting from flooding waters.

B. Floodplain district boundaries and base flood elevation and floodway data.

(1) Floodplain district boundaries and base flood elevation data. The Floodplain District is herein established as an overlay district. The district includes all special flood hazard areas within Freetown designated as Zone A, AE, AH, AO, A99, V, or VE on the Bristol Flood Insurance Rate Map (FIRM) dated July 6, 2021, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Bristol County FIRM that are wholly or partially within the Town of Freetown are panel numbers 25005C0291H, 25005C0293H, 25005C0357G, 25005C0359G, 25005C0376G, 25005C0377G, 25005C0378G, 25005C0381G, and 25005C0268G, dated July 6, 2021; 25005C0258F, 25005C0264F, 25005C0267F, 25005C0269F, 25005C0286F, and 25005C0288F, dated July 7, 2009; panel numbers 25005C0254G, 25005C0261G, 25005C0262G, 25005C0263G, and 25005C0266G, dated July 16, 2014; and panel numbers 25005C0287G, 25005C0289G, dated July 16, 2015. The exact boundaries of the district shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Bristol Flood Insurance Study (FIS) report dated July 6, 2021. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission.

C. Base flood elevation and floodway data.

(1) Floodway data. In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(2) Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.

D. Notification of watercourse alteration. In a riverine situation, the Town of Freetown Board of Selectmen shall notify the following of any alteration or relocation of a watercourse:

Adjacent Communities

NFIP State Coordinator

Massachusetts Department of Conservation and Recreation

251 Causeway Street, Suite 800

Boston, MA 02114-2104

NFIP Program Specialist

Federal Emergency Management Agency, Region 1

99 High Street, 6th Floor

Boston, MA 02110

E. Use regulation.

(1) Abrogation and greater restriction. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinance or codes.

(2) Disclaimer of liability. The degree of flood protection required by this section is considered reasonable but does not imply total flood protection.

(3) Severability. If any subsection, provision, or portion of this section is deemed to be unconstitutional or invalid by a court, the remainder of the section shall be effective.

(4) Designation of community floodplain administrator. The Town of Freetown hereby designates the position of Planning Technician to be the official floodplain administrator for the Town.

(5) Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s).

(a) Notification shall be submitted to:

FEMA Region 1 Risk Analysis Branch Chief

99 High St., 6th floor, Boston, MA 02110

(b) And copy of notification to:

Massachusetts NFIP State Coordinator

MA Dept. of Conservation and Recreation, 251 Causeway Street, Boston, MA 02114

(6) Variances to building code floodplain standards.

(a) The Town/City will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.

(b) The Town/City shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official, that:

[1] The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

[2] Such construction below the base flood level increases risks to life and property.

(c) Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.

(7) Variances to local zoning bylaws related to community compliance with the National Flood Insurance Program (NFIP). A variance from this section must meet the requirements set out by state law and may only be granted if:

(a) Good and sufficient cause and exceptional, nonfinancial hardship exist;

(b) The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

(c) The variance is the minimum action necessary to afford relief.

(8) Permits are required for all proposed development in the Floodplain Overlay District. The Town of Freetown requires a permit for all proposed construction or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

(9) Assure that all necessary permits are obtained. Freetown's permit review process includes the use of a checklist of all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District. The proponent must acquire all necessary permits and must submit the completed checklist, demonstrating that all necessary permits have been acquired.

(10) Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

(11) Recreational vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway-ready.

(12) Local enforcement. The Building Commissioner will be the one to enforce the codes in the ICC R322 section and for commercial sections on page 675 of ICC IBC.

(13) Reference to existing regulations.

(a) The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit must be in compliance with MGL c. 131, § 40, and with the following:

[1] Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR);

[2] Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

[3] Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

[4] Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15.00, Title 5);

(b) Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

(14) Other use regulations.

(a) In Zone AE, along watercourses that have a regulatory floodway within the Town of Freetown as designated on the Bristol County FIRMs, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(b) All subdivision proposals must be designated to ensure that:

[1] Such proposals minimize flood damage;

[2] All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

[3] Adequate drainage is provided to reduce exposure to flood hazards (existing contour intervals of site and elevations of existing structures must be included on plan proposals).

(c) Man-made alteration of sand dunes within Zone VE which would increase potential flood damage are prohibited.

(d) All new construction within Zone VE must be located landward of the reach of mean high tide.

F. Permitted uses. The following uses, which are of low flood damage potential and cause no obstructions to flood flows, are permitted, provided they are allowed in the underlying district and they do not require structures, fill or storage of materials and/or equipment:

(1) Agricultural use such as farming, grazing, truck farming, horticulture, etc.

(2) Forestry and nursery uses.

(3) Outdoor recreational uses, including fishing, boating, play areas, etc.

(4) Conservation of water, plants, wildlife.

(5) Wildlife management areas, footpaths, bicycle and/or horse paths.

(6) Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.

G. Definitions.

100-YEAR FLOOD

See "base flood."

AREA OF SPECIAL FLOOD HAZARD

Is the land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The Zone may be designated as Zone A or AE.

BASE FLOOD

Means the flood having a 1% chance of being equaled or exceeded in any given year.

DEVELOPMENT

Means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials (US Code of Federal Regulations, Title 44, Part 59).

DISTRICT

Means Floodplain District.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Administers the National Flood Insurance Program (NFIP).

FLOOD BOUNDARY AND FLOODWAY MAP

Means an official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)

FLOOD HAZARD BOUNDARY MAP (FHBM.)

An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E (US Code of Federal Regulations, Title 44, Part 59).

FLOOD INSURANCE RATE MAP (FIRM)

Means an official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

Means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.

FLOODWAY

The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height (Base Code, Chapter 2, Section 202).

FUNCTIONALLY DEPENDENT USE

Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities (US Code of Federal Regulations, Title 44, Part 59; also Referenced Standard ASCE 24-14).

HIGHEST ADJACENT GRADE

Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure (US Code of Federal Regulations, Title 44, Part 59).

HISTORIC STRUCTURE

Means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior; or

(b) Directly by the Secretary of the Interior in states without approved programs (US Code of Federal Regulations, Title 44, Part 59).

LOWEST FLOOR

Means the lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of NFIP Regulations 60.3.[1]

MANUFACTURED HOME

Means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers and other similar vehicles placed on-site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

MANUFACTURED HOME PARK OR SUBDIVISION

Means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement (Referenced Standard ASCE 24-14).

RECREATIONAL VEHICLE

Means a vehicle which is:

(1) Built on a single chassis;

(2) Four hundred square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light-duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use (US Code of Federal Regulations, Title 44, Part 59).

REGULATORY FLOODWAY

See "floodway."

SPECIAL FLOOD HAZARD AREA

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30 (Base Code, Chapter 2, Section 202).

START OF CONSTRUCTION

(1) The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual "start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

(2) Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building (Base Code, Chapter 2, Section 202).

STRUCTURE

Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home (US Code of Federal Regulations, Title 44, Part 59).

SUBSTANTIAL DAMAGE

Means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

(1) Before the improvement or repair is started; or

(2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

SUBSTANTIAL REPAIR OF A FOUNDATION

When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile-, column- or pier-supported foundation, the Building Official shall determine it to be substantial repair of a foundation. Applications determined by the Building Official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR (as amended by MA in 9th Edition BC).

VARIANCE

Means a grant of relief by a community from the terms of a floodplain management regulation (US Code of Federal Regulations, Title 44, Part 59).

VIOLATION

Means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)[2] is presumed to be in violation until such time as that documentation is provided (US Code of Federal Regulations, Title 44, Part 59).

ZONE A

Means an area of special flood hazard without water surface elevations determined.

ZONE A1-30 and ZONE AE

Means area of special flood hazard with water surface elevations determined.

ZONE A99

Means area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes (flood elevations may not be determined).

ZONE AH

Means areas of special flood hazards having shallow water depths and/or unpredictable flow paths between one foot and three feet, and with water surface elevations determined.

ZONE AO

Means area of special flood hazards having shallow water depths and/or unpredictable flow paths between one foot and three feet (velocity flow may be evident; such flooding is characterized by ponding or sheet flow).

ZONE B, C, AND X

Means areas of minimal or moderate flood hazards or areas of future-conditions flood hazard (Zone X replaces Zones B and C on new and revised maps).

ZONE V

Area of special flood hazards without water surface elevations determined, and with velocity that is inundated by tidal floods (coastal high hazard area).

ZONE V1-30 and ZONE VE

For new and revised maps, means area of special flood hazards, with water surface elevations determined and with velocity that is inundated by tidal floods (coastal high hazard area).

[1] Editor's Note: See 44 CFR 60.3.

[2] Editor's Note: See 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5).

§ 300-4.2 South Main Street Corridor Overlay District.

[Amended 2-25-2008 STM]

A. Purposes. This overlay district shall be called the "South Main Street Corridor Overlay." The purpose of this overlay district is to maintain the integrity, viability, and safety of South Main Street, particularly as it relates to the Route 79/Exit 9 highway corridor. As the Town of Freetown grows and in order to protect the public interest, it is vital to ensure that the region encompassing the limited highway, public way, private way, and ancillary traffic resources adjacent to and contributing to traffic along South Main Street and the intersection of Rt. 24 and Rt. 79 is not overburdened, becoming an inoperable and unsafe "gateway" to our community and causing detriment to the public safety and harm to the existing businesses and residents currently within this district.

B. Special permit granting authority. The Planning Board of the Town of Freetown shall be the special permit granting authority (SPGA) for all approvals and special permits required under this section.

C. Relationship to other districts.

(1) This overlay district's regulations supplement the zoning regulations of the underlying zoning district. The overlay district is an additional zoning requirement that does not change the underlying zoning.

(2) When the overlay district standards conflict with applicable standards of the underlying zoning district or with other regulations of this bylaw, the regulations of the overlay district always govern. When no special overlay district standards are specified, the base district standards and all other applicable regulations of this bylaw will govern.

D. Requirements.

(1) Traffic impact study. A detailed traffic impact analysis shall be submitted to the Planning Board for any application for a new development whose principal use or an existing development whose change in use or anticipated change in traffic volume would have an anticipated average daily peak hour trip generation in excess of 100 vehicle trips. This traffic impact analysis shall analyze access and egress from South Main Street and Rt. 79 and their correlation to the Rt. 24 highway access ramps where applicable.

(a) Determination of traffic impact. In determining traffic generation under this provision, the data contained in the most recent edition of the Institute of Transportation Engineers' publication "Trip Generation" shall be used. In the event that "Trip Generation" shall no longer be published, then its successor publication issued by the Institute of Transportation Engineers (or its successor organization) shall be used. In the event that there is no such successor publication, then the SPGA shall designate a successor publication or standard in its reasonable judgment, provided that such successor publication or standard is generally accepted by professional transportation engineers and the SPGA has made such determination in consultation with state and federal transportation authorities.

(b) The traffic impact analysis shall be prepared by a registered professional engineer experienced and qualified in traffic engineering. Such engineer shall be acceptable to the SPGA. The SPGA may require a second study to be performed by a registered professional engineer identified by the SPGA acting in its sole discretion. All costs of any such second study shall be borne by the applicant.

(c) The traffic impact analysis shall be approved or disapproved by the SPGA by special permit. The SPGA must find that the traffic and any corresponding mitigation generated by the proposal will adequately protect the public interest and will not cause detriment to the public safety and harm to the existing businesses and residents within this district and the Town of Freetown.

(2) Curb cut permit. All new curb cuts or proposed changes for existing curb cuts whose service use would have any anticipated average daily peak hour trip generation in excess of 100 vehicle trips shall require the receipt of a special permit from the special permit granting authority (SPGA).

(a) Performance guidelines:

[1] The SPGA shall base its decisions on the safety, design and expected performance of the proposed access/egress point as detailed in the aforementioned required traffic impact study.

[2] Joint or shared curb cuts with adjoining parcels are encouraged. When it will facilitate such an arrangement, the SPGA may reduce the required side yard setback on the parcel.

[3] New curb cuts shall be no closer than 250 feet to a limited access highway ramp.

[4] Existing curb cuts whose serviced use will be changed in a proposed development must demonstrate that this use will not cause undue traffic and safety concerns to other existing curb cuts, public ways, private ways, pedestrian access, highway, or otherwise.[1]

[1] Note: Original Subsection 5, which immediately followed, was repealed 6-4-2008 AG.

(3) Multiple parcel regulation. Where a proposed development encompasses more than one parcel, and where said parcels are of differing zoning classifications and/or dimensional and site plan requirements (i.e., setbacks, building caps etc), the proposed development shall be governed by the strictest dimensional and site plan requirements contained therein.

E. Description. The South Main Street Corridor Overlay shall apply to all land abutting the South Main Street and Rt. 24 layouts from the Assonet Burial Ground to the Fall River City Line and consist of a fifty-foot setback area from the South Main Street and Rt. 24 layouts, as shown on the overlay plan attached hereto.[2] The South Main Street Overlay shall apply to any curb cut onto a road or way whose sole access to any public way is South Main Street and provided that the service use of such curb cut would have any anticipated average daily peak hour trip generation in excess of 100 vehicle trips onto South Main Street.

[2] Editor's Note: Said overlay plan is on file in the Town office.

§ 300-4.3 Planned Mixed-Use Overlay District.

[Amended 6-4-2012 ATM]

A. Purpose. The intent of this Planned Mixed-Use District is to promote a lively, prosperous village that serves as an attractive place to live, work, shop and recreate with less reliance on the automobile. This section may encourage development of harmonious, efficient and convenient neighborhoods by promoting variety in land use, residential density and site design through clustering of buildings and preservation of unique natural features. The intent, furthermore, is to encourage interaction among activities located within the planned mixed use development, to enhance business vitality, reduce vehicular traffic, provide employment opportunities for residents close to home, ensure the compatibility of the commercial, industrial and residential uses, ensure that the appearance and effects of buildings and uses are harmonious with the character of the area in which they are located. This Planned Mixed-Use District (PMUD) is also established to fulfill the following additional intents:

(1) To provide an opportunity to comprehensively plan a large tract of land in a pedestrian-friendly, campus-like setting, around a public green.

(2) To ensure high-quality site planning, architecture and landscape design to create a distinct visual character and identity for the development that provides an environment with safety, convenience and amenity.

(3) To ensure any potential traffic impacts of the planned mixed-use developments are properly mitigated and in keeping with the character of the Town of Freetown.

(4) To generate positive tax revenue while providing the opportunity for new business growth and additional local jobs.

(5) To accommodate the needs of a sustainable community by providing a framework for regional growth while creating employment opportunities that maximize the economic benefits of transit investment, minimize sprawl development and preserve the natural assets of the south coast for future generations.

B. Applicability. The area known as the "PMUD" shall be designated as an overlay district as shown on the Official Town of Freetown Zoning Map dated March 15, 2011, or as amended. The provisions of § 300-2.6, Site plan review, shall apply to land within a PMUD Overlay District on the Zoning Map, as amended from time to time. As such, all zoning rules of the underlying zone shall remain in full force and effect, except when an applicant chooses to apply the requirements of the PMUD Overlay District and vary uses or dimensional requirements as set forth herein, in which case the terms and conditions of the PMUD Overlay District shall control.

C. Special permit granting authority. The Planning Board is hereby designated the special permit granting authority (SPGA) for an applicant seeking a mixed-use project within the PMUD Overlay District. The SPGA shall follow the procedural requirements for special permits as set forth in MGL c. 40A, § 9. After notice and public hearing and after due consideration of the reports and recommendations of other Town boards, commissions and/or departments, the SPGA may grant a higher density for residential uses than allowed by right. The SPGA may also impose, in addition to any applicable conditions specified in this section, such conditions as the SPGA finds reasonably appropriate to improve the site design and address concerns, including, but not limited to, water and air quality, other environmental resources, traffic, safety and/or other concerns related to the purpose of this section. In reviewing a request for a special permit under this section, the SPGA may properly consider the design, capacity and adequacy of public ways serving the proposed site. The applicant may also be required, as a condition to special permit, to post a bond or other surety for compliance with said conditions in an amount satisfactory to the SPGA. All such conditions shall be imposed in writing.

D. Multiple review procedures. In the instance that a project requires both a site plan review and special permits for which the Planning Board serves as the special permit granting authority, the SPGA shall consolidate the site plan review into the special permit procedures and the timetable for decision shall conform thereto. If multiple special permits are required for a project, the SPGA shall consolidate the review processes for all special permits into one review procedure.

E. Process. A planned mixed-use development is a two-step process which allows the Town and an applicant greater flexibility in the development of the Industrial (I) and General Use Zones within the PMUD Overlay District. In addition to compliance with this section, all applicants shall comply with the requirements set forth herein and as may be amended from time to time.

(1) Step 1. The applicant files a development concept plan for a phase or combination of phases for land within the PMUD Overlay District. The area for each phase must include at least five contiguous acres within the PMUD Overlay District. Additional land can be added to or substituted within a phase, from time to time, provided the total acreage of the project is not greater than 44 acres and that a revised development concept plan is filed. The plan shall contain the overall road network, roadway drainage, locations of the village green, bike- and pedestrianways, lots and proposed uses by phase.

(2) Step 2. The applicant files a special permit application and design plan with the SPGA for a phase showing all elements. An "element" may be a single use or group of uses within a phase of the overall project.

(a) The design plan must include at least the following:

[1] Building footprints and setbacks, total floor space area in square feet, building use or uses and their corresponding percentages of area within each mixed-use building. Building heights measured from post-construction grades to the top of the highest structure must be included.

[2] All ways providing for vehicular access and egress for each building, as well as walks and handicap ramps, are to be shown. Parking layouts with all designated residential spaces being clearly indicated and the number of parking spaces in each area labeled.

[3] All roads necessary for access to the phase(s), beginning at South Main Street or the nearest existing public or private roadway, must be shown with sufficient detail to allow the SPGA to determine their adequacy for serving the purpose proposed.

[4] Drainage serving the site and roadways.

[5] Buffer zones.

(b) Sufficient plan detail and other documented information must be presented with the application to assist and enable the SPGA in determining compliance with the requirements of this subsection of this section.

F. Allowed uses. In the PMUD Overlay District, all of the uses allowed by right in the underlying zone shall be allowed by right.

G. Uses permissible by special permit. In addition to the uses allowed by right in the underlying zone, the following uses may be allowed by special permit:

(1) Any use permitted by special permit in the underlying zone in accordance with the provisions of each zone.

(2) A mixed-use building and/or buildings with dwelling units located above a first-floor nonresidential use.

(3) Stand-alone residential dwelling units.

(4) Of the total residential dwelling units permitted for each project:

(a) Residential uses not to exceed five dwelling units per acre;

(b) At least 30% will be one bedroom or less;

(c) At least 20% of the units will be dedicated to people age 55+;

(d) No greater than 5% of the units can be two-bedroom plus den without a closet or door;

(e) Three bedroom or greater units are not permitted;

(f) A development can add two units per acre if the additional units are restricted for age 55+ or considered assisted living or specialty nursing living units;

(g) A developer may purchase the residential development rights of other parcels in the overlay district area and add these units to its own project.

(5) Office.

(6) Banquet facilities less than or equal to 15,000 square feet.

(7) Retail restaurant less than or equal to 7,500 square feet, including drive-in establishments.

(8) Museum or art gallery less than 2,500 square feet.

(9) Theater, bowling alley or other commercial amusement, provided all business is conducted within the structure.

(10) Bank with or without drive-through.

(11) Membership or wholesale club.

(12) Bus or railroad terminal or passenger station.

(13) Hospital, convalescent or nursing home, not to exceed 24 beds per acre.

(14) Continuing care retirement community use.

(15) Retail (including grocery store).[1]

[1] Note: Original Sec. 11.29H, Density and Dimensional Requirements, which immediately followed, was repealed 10-28-2019 STM.

H. Required performance standards.

(1) Uses shall be grouped together to maximize pedestrian access by connecting sidewalks and pathways. Building entrances shall be oriented around the village green; however, uses that front on South Main Street shall also have pedestrian-friendly orientation on entrance roadway and linear linkage.

(2) The ratio of the gross floor area of the building(s) to the total lot area shall not exceed 45%.

(3) There is a maximum percentage of land area allowed by use within the Planned Mixed-Use Overlay District as shown in Table 3. As a requirement for the first phase for mixed-use approval, there must be a residential component and at least one of the following uses:

Table 3: Use Requirements
Use	Percentage of the Project Acreage*
Retail (including grocery store)	0% to 35% [see Subsection H(4) and (5), below]
Office/research medical	0% to 40%
Residential	0% to 25%
Nursing home/assisted living/continuing care retirement community	0% to 40%
Recreation	0% to 30%
Hotel	0% to 10%
Municipal	Allowed by right

*	Note that percentages do not add to 100% to allow flexibility when deciding upon mix of uses.

(4) The total retail use within the PMUD Overlay District shall be restricted to a maximum gross floor area of 200,000 square feet or 35% of the overlay district, whichever is more restrictive.

(5) Individual retail establishments shall be limited to a maximum gross floor area of 55,000 square feet. An individual retail establishment may be increased up to 65,000 square feet where the SPGA finds that individual sections of the retail establishment front the village green with pedestrian access and windows or where the additional space is used as small retail uses lining the wall facing the village green of the large retail establishment.

I. Design requirements:

(1) Village green. A village green shall be required for each phase of development within the PMUD Overlay District. The village green should be centrally located and shall be a minimum of 1/2 acre in size per project and shall be designed as a pedestrian-friendly park and may be included in the calculations for open space area. The village green(s) shall be lighted and contain some combination of benches, tables, playground equipment, sidewalks, and landscaping. Each green shall be used solely for active and passive recreation purposes and shall be open to the public. The total acreage of the green in each project may be used toward the land area calculations to determine allowable density for one of the uses within that project. A landscaping design shall be submitted to the SPGA for approval.

(a) A large retail establishment 55,000 square feet to 65,000 square feet shall either provide an entrance to the village green or side facade to the village green and shall be lined with uses to enhance the pedestrian activities and the use of the village green(s).

(b) Subject to approval by the SPGA, all areas designated as village green(s) shall be either placed under a permanent conservation restriction or deeded to the Town as a condition of special permit approval. If placed under a conservation restriction, said restriction shall be in a form approved by Town Counsel and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, that shall be recorded to ensure that such land shall be kept in an open state. Such restriction shall be submitted to the SPGA prior to approval of the project and recorded at the Registry of Deeds/Land Court with the issuance of the building permit.

(c) Maintenance of village green. The Town shall be granted an easement to and over such village green sufficient to ensure its perpetual maintenance as recreation land. Such easement shall provide that in the event the owner fails to maintain the village green in reasonable condition, the Town may, in its discretion, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance or dilapidated condition. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. Such assessment shall be deemed a municipal charge for purposes of MGL c. 40, §§ 57 and 58, and the Town may file a lien against the project property to ensure payment of such maintenance expenses.

(d) Monumentation. Where the boundaries of the village green are not readily observable in the field, the SPGA may require placement of survey bounds sufficient to identify the location of the village green.

(2) Open space requirements. A minimum of 30% of area within the project shall be contiguous open space. The village green area may be noncontiguous to the remaining open space areas and be included in the 30% requirement. Such open space may be separated by the road(s) constructed within the Step 1 plan without being considered noncontiguous. Not more than 25% of such minimum open space shall be wetland resource area, as identified in MGL c. 131, § 40.

(a) The required open space may only be used for conservation, historic preservation, education, outdoor education, nonmotorized recreation, wildlife and plant habitat, aquifer recharge and protection, park purposes, agriculture, horticulture or for a combination of these uses, and shall be served by suitable access and parking for such purposes. The open space shall be arranged so as to achieve the preservation or other objective for which it is intended.

(b) The required open space shall remain unbuilt upon, except provided that up to 10% of such open space may be paved or built upon for structure accessory to the dedicated uses or uses of such open space, examples being pedestrian walks, bike paths, and agriculture.

(c) The open space shall be preserved in its natural state, insofar as practicable.

(d) The applicant shall provide an open space management plan that will conform to the PMUD Special Permit Rules and Regulations, to be adopted by the SPGA.

(e) Existing and proposed utility easements and other easements placed on the property prior to Step 1 submittal shall not be counted towards the minimum open space requirements.

(f) Stone or concrete bounds shall be used to define open space areas.

(g) The required open space shall be placed under a conservation restriction in accordance with the provisions of MGL. c. 184, §§ 31 to 33, as amended.

(3) Signage. Freestanding signs are limited in number to one per structure.

(a) The top edge of any freestanding sign shall not be higher than 25 feet vertical measured above the average level of the ground between the supports of each sign exclusive of base planters.

(b) For public safety, the whole of the signboard or display elements of any freestanding sign shall be either less than three feet in height above the adjacent traveled way or greater than seven feet in height above the adjacent traveled way. Such freestanding sign or its supports shall be located a minimum of 12 feet from any lot line.

(c) No freestanding, double-faced sign shall have a single face area for display or signs in excess of 120 square feet, a total of 240 feet total for both sides, measured from the tops of the topmost display elements to the bottoms of the lowest display elements, and from exterior side to exterior side of display elements, and including in such measurements any sign size and not just the display area. There shall be no printing or display on the thickness dimension.

[1] The maximum allowed thickness from face to face of a double-faced sign is 12 inches, plus 10% of either the height or width, whichever is smaller.

[2] The support members shall not extend beyond the vertical planes of the faces and ends of freestanding signs, except single-pole cantilever-mounted signs wherein such pole shall not exceed 12 inches in diameter.

[3] All support members shall be rigidly secured in the ground at every point of contact with the ground.

[4] Protective bumpers or bases shall not exceed 18 inches from the surface of support members or from the plane between the faces of adjacent supporting members unless such base is of a built-in-place planter type. Such planter is not limited.

(d) No sign shall be animated, digital, or otherwise moving, except as permitted in Article VII, Signs.

(e) One sign is allowed at each South Main Street entrance to the development.

[1] It may provide a list of businesses within the development.

[2] The maximum size is to comply with this section and Article VII, Signs.

(4) Pedestrian amenities. Pedestrian amenities such as benches, public art, planters, trash receptacles, etc., shall be provided and located along sidewalks, and in landscaped areas, open spaces and plazas.

(5) Crosswalks. All crosswalks shall be constructed to provide a change in color and/or texture from the regular roadway surface. All crosswalks, sidewalks and walkways shall be ADA compliant.

(6) Lighting. Lighting for interior roadways or streets shall be limited between nine feet and 16 feet in height and have shields directing light downward with a total cutoff of all light at less than 90° from vertical.

(7) Street trees. Street trees shall be planted by the developer along all public and private rights-of-way. Street trees shall be planted at intervals of no more than 50 feet. Tree species shall be selected that require minimal maintenance and are of native/naturalized origin. Trees shall be maintained pruned to provide proper headway for cars and pedestrians.

(8) Utilities. All new utilities shall be placed underground.

(9) Stormwater management. Stormwater management shall be designed to incorporate low-impact development standards pursuant to the regulations of the Wetlands Protection Act Regulation 310 CMR 10.04.

(10) Architectural details. Architectural details of new buildings and additions, including the texture of walls and roof materials, should reflect historical southern New England architecture. The mass, proportions and scale of the building, roof shape, roof pitch, and relationships between doors and windows should be harmonious among themselves.

(a) Commercial uses. The commercial uses on the first floor of the buildings may be placed close to the street or facing a transit station.

(b) Facades. Long horizontal facades greater than 40 feet should be avoided by the incorporating of recesses and projections. Said recesses and projections shall be a minimum of 10 feet in width and two feet in depth.

(c) Fenestration. A minimum of 45% of the ground floor of the building's street side facade(s) shall contain fenestration.

(d) Complex roofs are encouraged, with secondary roofs smaller and lower than the main roofline. All buildings shall articulate the line between the ground and upper levels with a cornice, canopy, balcony, arcade, or other visual device.

(11) Traffic impact study. Individual special permit applications shall file a traffic impact study as required in § 300-4.2, South Main Street Corridor Overlay District. The projected traffic increase of the proposed uses to the local road(s) and South Main Street must be within the capacity of the existing road network, or the applicant's proposed traffic mitigation measures shall adequately address proposed increased traffic flow.

(12) Development fiscal impact statement. A development fiscal impact statement shall be required for all projects within the Planned Mixed-Use Development Overlay District. The applicant shall furnish a narrative summary of the vital statistics and nature of the project.

(a) Purpose. To evaluate the fiscal and economic impacts of the proposed development on the Town.

(b) Scope. Projections of costs arising from increased demands for public services and infrastructure. Cost factors, at a minimum, include the following: project effect on police and fire protection, highway, water, sewer, solid waste disposal facilities, educational services, recreation facility impact and health services and inspections. Projections of benefits from increased tax revenues, employment (construction and permanent), and value of public infrastructure shall be provided. Revenue factors include the following: project effect on property taxes, vehicular taxes, licenses and fees, fines and miscellaneous taxes. Projections of the impacts of the proposed development on the values of adjoining properties shall also be provided. A five-year projection of Town revenues and costs resulting from the proposed development.

(c) Recommended: projected positive net fiscal flow for first five years after design year of occupancy.

J. Parking requirements:

(1) Mixed-use buildings may provide both commercial space in the front and parking to the rear within the ground floor (available to residential units above).

(2) The majority of the parking shall be located to the rear and sides of buildings. Residential units shall have a minimum of 1.25 parking spaces for one-bedroom units and 1.50 parking spaces for two-bedroom units. Residential parking should be clearly marked or separated from the commercial or public parking and located within 200 feet of the residential building entrance. Bicycle racks shall be provided.

(3) When parking is provided within the ground floor, it shall be limited to a maximum of 60% of the gross floor area, first floor, of the interior of a building.

(4) The entrance roadways within the mixed-use portion of the overlay district may provide on-street parking lanes and shall provide a minimum six-foot-wide sidewalk along property frontage.

(5) Appropriately designed view corridors of buildings from the roadways within the overlay district shall be allowed.

(6) Parking standards for commercial uses may be reduced by 15% when applicant provides SPGA information on the ability to share parking within the development on the adjacent property. However, in no case shall a parking requirement reduction exceed 15% of those parking spaces required under normal application of requirements for the nonresidential uses proposed.

(7) The parking information shall include data on peak parking times by use. On street parking within 100 feet of the property may be counted towards the commercial parking requirement. Off street parking within 300 feet of the property may be counted towards the commercial parking requirement.

(8) All parking and loading areas shall be completely screened from South Main Street by a minimum fifty-foot-wide raised and landscaped buffer.

(9) Parking lots and loading areas shall be appropriately screened from roadways within the overlay district by a minimum twenty-foot-wide raised and landscaped buffer.

K. Buffers and screening:

(1) A 200-foot landscaped buffer area shall be required for industrial uses and a 100-foot landscaped buffer for commercial uses that abut residential uses located on South Main Street or that abut residential zones. This buffer shall be left in a natural, unimpaired state or be planted with a combination of grass, appropriate shrubs and shade trees.

(2) A fifty-foot buffer zone and/or common land with landscaping for screening shall be required between a residential use and a commercial or industrial use within the PMUD. This does not apply to those residential uses that are within a mixed-use structure with residential uses located above a first-floor commercial use.

(3) Exposed storage areas, machinery, dumpsters, service areas, truck loading areas, utility buildings and structures shall be screened from the view of abutting uses and streets using plantings, fences and other methods compatible with the goals of this section.

L. Criteria for review and approval. The SPGA shall review all plans and available data and make final determinations on the application for a planned mixed-use development to determine compliance of the proposal with the above requirements and the following criteria:

(1) In order to approve the special permit, the SPGA shall also make a positive finding on each of the following criteria:

(a) The development complies with the Town's currently approved plans or reports such as but not limited to: Master Plan, Affordable Housing Plan, and the Open Space and Recreation Plan.

(b) That the development specifically provides one or more of the following actions or benefits:

[1] The applicant provided valuable open space to the Town after consultation with the Conservation Commission;

[2] The applicant provided a larger-than-required village green or public common;

[3] The applicant enhanced the pedestrian/bike infrastructure of Freetown with off-site contributions which link into the development;

[4] The applicant has provided land and/or funding for a public facility such as but not limited to Town offices, school, fire, police or public works uses.

(c) The development provides water, wastewater and stormwater systems that meet DEP standards, including low-impact development methods, Title 5,[2] Board of Health and SPGA drainage requirements.

[2] Editor's Note: See 310 CMR 15.00.

(d) The design and layout of the development streets provides a network of multiple routes for vehicles, bikes, and pedestrians.

(e) The design and layout of the parking and loading meets the requirements of the Rules and Regulations of the Planning Board as special permit granting authority.

M. Invalidity. The invalidity of any subsection or provision of this section shall not affect the validity of any other provision thereof.

N. Exemption. The SPGA shall have the right to waive strict compliance with the provisions of this section for municipal uses proposed within the Planned Mixed-Use Development Overlay District.

§ 300-4.4 Science and Technology Overlay District.

[Amended 10-27-2014 STM; 6-5-2017 ATM]

A. Purpose. The intent of this Science and Technology Overlay District (STOD) is to promote technological, commercial, and light industrial development and employment opportunities. This section may encourage greater flexibility in the development of a variety of commercial sites than is otherwise permitted in the underlying district. The intent, furthermore, is to enhance business vitality and provide employment opportunities for residents close to home. The STOD is also established to fulfill the following additional intents:

(1) Promote high-value buildings and equipment that maximize tax revenues;

(2) Promote and increase the visibility of Freetown as a community open to assisting appropriate commercial, technological, and industrial developments;

(3) Accommodate for the increasing demand for corporate, technological, research and development sites;

(4) Promote professional and technically skilled employment opportunities for our region.

B. Applicability. The area known as the "STOD" shall be designated as an overlay district as shown on the Official Town of Freetown Zoning Map, dated June 4, 2012, or as amended. The provisions of § 300-4.4 shall apply to land within the STOD on the Zoning Map, as amended from time to time. As such, all zoning rules of the underlying zone shall remain in full force and effect, except when otherwise specified in this section.

C. Special permit granting authority. The Planning Board is hereby designated the special permit granting authority (SPGA) for an applicant seeking a use that requires a special permit within the STOD. The SPGA shall follow the procedural requirements for special permits as set forth in MGL c. 40A, § 9. The SPGA may impose, in addition to any applicable conditions specified in this section, such conditions as the SPGA finds reasonably appropriate to improve the site design and address concerns, including, but not limited to, water and air quality, other environmental resources, traffic, safety and/or other concerns related to the purpose of this section. In reviewing a request for a special permit under this section, the SPGA may properly consider the design, capacity and adequacy of public ways serving the proposed site. The applicant may also be required, as a condition to special permit, to post a bond or other surety for compliance with said conditions in an amount satisfactory to the SPGA. All such conditions shall be imposed in writing.

D. Multiple review procedures. In the instance that a project requires both a site plan review and special permits for which the Planning Board serves as the special permit granting authority, the SPGA shall consolidate the site plan review into the special permit procedures and the timetable for decision shall conform thereto. If multiple special permits are required for a project, the SPGA shall consolidate the review processes for all special permits into one review procedure.

E. Uses. Use regulations for the STOD shall be as specified in § 300-5.1, Table of Use Regulations. In addition, the STOD buildings may also be constructed, altered, enlarged, used or reconstructed for one or more of the following specified single or mixed uses and uses customarily accessory to such uses:

(1) Packaging.

(2) Industrial research and development.

(3) Biotechnology.

(4) Wholesaling.

(5) Public or commercial parking lot.

(6) Distribution.

F. Signage. In a specific case, the SPGA shall, after a public hearing, grant a permit for the installation of signage in a location or of a type different from those allowed in the underlying district unless, in the opinion of the Board, such use would be detrimental to the STOD and would not be in the best interest of the Town of Freetown. The Planning Board shall be considered the SPGA unless otherwise noted.

G. Density and dimensional requirements: For any building(s) within the STOD, the following density and dimensional requirements shall apply from interior roadways:

Table 1: Minimum Setbacks
Building Setbacks	Minimum Feet
Front	30
Side	20
Rear	20

Table 2: Minimum Dimensional Requirements
Dimension	Without Municipal Water and Municipal Sewer	With Municipal Water and Municipal Sewer
Minimum lot area	70,000 square feet	10,000 square feet
Minimum frontage	175	100 feet
Maximum height	55	55
Maximum number of stories	3.5	3.5
Maximum impervious coverage	80%	80%

H. District regulations.

(1) No structure shall be constructed, altered, reconstructed, raised up or moved so as to contain more than 3.5 stories, or so as to exceed in any part a height of 55 feet, except in the case of chimneys, ventilators, tanks, bulkheads, and other accessory features required above roofs, and also in the case of towers, spires, domes, and ornamental features of churches and other nonresidential buildings.

(2) No business activities shall be carried on in the overlay district that are injurious, obnoxious, or offensive to the neighborhood by reason of noise, vibration, smoke, cinders, odor, gas, fumes, dust, chemical, radio frequencies, explosive, and hazardous materials or other objectionable features.

(3) Adequate provision is made for the off-street parking provision of all vehicles, including those of employers, employees, and visitors.

§ 300-4.5 Medical and Recreational Marijuana Overlay District.

[Amended 6-5-2017 ATM; 10-23-2017 STM]

A. Establishment. The Medical and Recreational Marijuana Overlay District ("MRMOD") is established as an overlay district. The boundaries of the MRMOD are shown on the Zoning Map on file with the Town Clerk. Within the MRMOD, all requirements of the underlying district(s) remain in effect, except where these regulations provide an alternative to such requirements. Land within the MRMOD may be used either for (1) a registered marijuana dispensary ("RMD"), in which case the requirements set forth in this section shall apply; (2) a recreational marijuana establishment ("RME"), in which case the requirements set forth in this section shall apply; or (3) a use allowed in the underlying district, in which case the requirements of the underlying district shall apply. If the provisions of the MRMOD are silent on a zoning regulation, the requirements of the underlying district shall apply. If the provisions of the MRMOD conflict with the requirements of the underlying district, the requirements of the MRMOD shall control.

B. Purpose. To provide for the placement of RMDs and RMEs in accordance with state law in locations suitable for lawful marijuana facilities, and to minimize adverse impacts of RMDs and RMEs on adjacent properties, residential neighborhoods, historic districts, schools, playgrounds and other locations where minors congregate by regulating the siting, design, placement, security, and removal of such facilities.

C. Definitions. Where not expressly defined in the Zoning Bylaw, terms used in the MRMOD section shall be interpreted as defined within applicable state law, and otherwise by their plain language.

REGISTERED MARIJUANA DISPENSARY

Also known as a "medical marijuana treatment center," that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana-infused products ("MIPs"), tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.

RECREATIONAL MARIJUANA ESTABLISHMENT

A marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer, or any other type of licensed marijuana-related business, but not to include a medical marijuana treatment center.

D. Location.

(1) RMDs and RMEs may be permitted in the MRMOD pursuant to a special permit; RMDs in the I/2 District will be allowed by right.

(2) RMDs and RMEs may not be located within 500 feet of the following:

(a) School, including a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university;

(b) Child-care facility;

(c) Library;

(d) Playground;

(e) Public park;

(f) Youth center;

(g) Public swimming pool;

(h) Video arcade facility; or

(i) Similar facility in which minors commonly congregate.

(3) The distance under this subsection is measured in a straight line from the nearest point of the property line of the protected uses identified in Subsection D(2) to the nearest point of the property line of the proposed RMD and/or RME.

(4) The distance requirement may be reduced by 25% or less, but only if:

(a) The applicant demonstrates that the RMD or RME would otherwise be effectively prohibited within the municipality; And

(b) The applicant demonstrates that the RMD will employ adequate security measures to prevent diversion of medical marijuana to minors who are not qualifying patients pursuant to 105 CMR 725.004;[1] and/or that the RME will employ adequate measures to prevent the sale of recreational marijuana to minors pursuant to regulations promulgated by the Cannabis Control Commission.

[1] Editor's Note: See now 935 CMR 500 et seq.

E. Procedure. The Planning Board shall be the special permit granting authority (SPGA) for an RMD or RME special permit.

(1) Application. In addition to the materials required under Rules and Regulations of the Planning Board as special permit granting authority, the applicant shall include:

(a) A copy of its registration as an RMD from the Massachusetts Department of Public Health ("DPH"); and/or any registration forms required by the Cannabis Control Commission ("CCC");

(b) A detailed floor plan of the premises of the proposed facility that identifies the square footage available and describes the functional areas of the facility, including areas for any preparation of MIPs;

(c) Detailed site plans that include the following information:

[1] Compliance with the requirements for parking and loading spaces, for lot size, frontage, yards and heights and coverage of buildings, and all other provisions of this bylaw;

[2] Convenience and safety of vehicular and pedestrian movement on the site and for the location of driveway openings in relation to street traffic;

[3] Convenience and safety of vehicular and pedestrian movement off the site, if vehicular and pedestrian traffic off-site can reasonably be expected be substantially affected by on-site changes;

[4] Adequacy as to the arrangement and the number of parking and loading spaces in relation to the proposed use of the premises, including designated parking for home delivery vehicle(s), as applicable;

[5] Design and appearance of proposed buildings, structures, freestanding signs, screening and landscaping; and

[6] Adequacy of water supply, surface and subsurface drainage and light.

(d) A description of the security measures, including employee security policies, approved by DPH and/or the CCC;

(e) A copy of the emergency procedures approved by DPH and/or the CCC;

(f) A copy of the policies and procedures for patient or personal caregiver home delivery approved by DPH for the RMD;

(g) A copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between RMDs approved by DPH and/or the CCC;

(h) A copy of proposed waste disposal procedures; and

(i) A description of any waivers from regulations issued by DPH and/or the CCC.

(2) The SPGA shall refer copies of the application to the Building Department, Fire Department, Police Department, Board of Health, the Conservation Commission, the Highway Department, Board of Water Commissioners, and the Planning Board. These Boards/Departments shall review the application and shall submit their written recommendations. Failure to make recommendations within 35 days of referral of the application shall be deemed lack of opposition.

(3) After notice and public hearing and consideration of application materials, consultant reviews, public comments, and the recommendations of other Town boards and departments, the SPGA may act upon such a permit.

F. Special permit conditions on RMDs and RMEs. The SPGA shall impose conditions reasonably appropriate to improve site design, traffic flow, public safety; protect water quality, air quality, and significant environmental resources; preserve the character of the surrounding area and otherwise serve the purpose of this section. In addition to any specific conditions applicable to the applicant's facility, the SPGA shall include the following conditions in any special permit granted under this section:

(1) Hours of operation, including dispatch of home deliveries.

(2) The permit holder shall file a copy of any incident report required under 105 CMR 725.110(F)[2] or by the CCC with the Zoning Enforcement Officer and the SPGA within 24 hours of creation by the facility. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.

[2] Editor's Note: See now 935 CMR 500 et seq.

(3) The permit holder shall file a copy of any summary cease and desist order, cease and desist order, quarantine order, summary suspension order, order limiting sales, notice of a hearing, or final action issued by DPH, the Division of Administrative Law Appeals, or CCC, as applicable, regarding the facility with the Zoning Enforcement Officer and SPGA within 48 hours of receipt by the facility.

(4) The permit holder shall provide to the Zoning Enforcement Officer and Chief of the Police Department the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder.

(5) The special permit shall lapse within five years of its issuance. If the permit holder wishes to renew the special permit, an application to renew the special permit must be submitted at least 120 days prior to the expiration of the special permit.

(6) The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the facility.

(7) The special permit shall lapse upon the expiration or termination of the applicant's registration by DPH and/or CCC.

(8) The permit holder shall notify the Zoning Enforcement Officer and SPGA, in writing, within 48 hours of the cessation of operation of the facility or the expiration or termination of the permit holder's registration with DPH and/or CCC.

G. Prohibition against nuisances. No use shall be allowed in the MRMOD which creates a nuisance to abutters or to the surrounding area or which creates any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.

H. Severability. The provisions of this section are severable. If any provision, paragraph, sentence, or clause of this section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this section.