[Added by 9-19-1979 STM, Art. 9; amended by 4-7-1980 ATM, Art. 20; 10-18-2011 STM, Art. 5]
The Flood Hazard District is herein established as an overlay
district. The District includes all special flood hazard areas within
the Town of Blackstone designated as Zones A and AE on the Worcester
County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency
Management Agency (FEMA) for the administration of the National Flood
Insurance Program. The map panels of the Worcester County FIRM that
are wholly or partially within the Town of Blackstone are panel numbers
25027C1030E, 25027C1033E, 25027C1034E, 25027C1037E, 25027C1039E, 25027C1041E,
25027C1042E, 25027C1043E, 25027C1044E, and 25027C1055E dated July
4, 2011. The exact boundaries of the District may be defined by the
one-hundred-year base flood elevations shown on the FIRM and further
defined by the Worcester County Flood Insurance Study (FIS) report
dated July 4, 2011. 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.
A. Permitted uses. The following uses are of low flood damage potential
and cause no obstructions to flood flows and are therefore encouraged,
provided they are permitted in the underlying district and they do
not require structures, fill, or storage of materials or equipment:
(1) Agricultural uses 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 and wildlife;
(5) Wildlife management areas, foot 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;
(7) Buildings lawfully existing prior to the adoption of these provisions.
B. 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 the 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.
C. Notification of watercourse alteration. In a riverine situation,
the Conservation Agent shall notify the following of any alteration
or relocation of a watercourse:
(3) NFIP State Coordinator, Massachusetts Department of Conservation
and Recreation, 251 Causeway Street, Suite 600-700, Boston, MA 02114-2104;
(4) NFIP Program Specialist, Federal Emergency Management Agency, Region
1, 99 High Street, 6th Floor, Boston, MA 02110.
D. Reference to existing regulations.
(1) The 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:
(a)
Section of the Massachusetts State Building Code which addresses
floodplain and coastal high hazard areas (currently 780 CMR) which
address floodplain and coastal construction;
(b)
Wetlands Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00);
(c)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(d)
Minimum requirements for the Subsurface Disposal of Sanitary
Sewage, DEP (currently 310 CMR 15, Title 5).
(2) 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.
E. Other use regulations.
(1) In Zone AE, along watercourses that have a regulatory floodway designated
within the Town of Blackstone on the Worcester County FIRM, 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.
(2) All subdivision proposals must be designed to assure that:
(a)
Such proposals minimize flood damage;
(b)
All public utilities and facilities are located and constructed
to minimize or eliminate flood damage; and
(c)
Adequate drainage is provided to reduce exposure to flood hazard.
[Added by 9-20-1982 STM, Art. 5]
A building or portion of a building then or formerly in municipal use may be converted from that use to multifamily dwellings, business or professional office or other business use not involving retail sales, provided that if the use is not allowed outright at that location, the following shall apply. A special permit must be obtained from the Board of Appeals, subject to the criteria of §
123-4C and subject to the following.
A. Any building additions shall not increase lot coverage
by more than 5% of lot area.
B. Off-street parking must be provided to meet the requirements of §
123-15.
C. In the case of multifamily dwellings, lot area plus
contiguous land dedicated to public recreation or conservation use
must equal at least 5,000 square feet per dwelling unit.
[Added by 9-24-1984 STM, Art. 1; amended by 11-19-1984 STM, Art. 1; 4-28-1986 ATM, Art. 10; 4-28-1986 ATM, Art. 40]
A. Submittals. Applicants for a special permit for multifamily dwellings shall simultaneously file for site plan review, as provided at §
123-2C. In addition to the information required there, the following shall also be submitted:
(1) Ground floor plan, sections and elevations of all
proposed buildings.
(2) Materials indicating the proposed number of dwelling
units, distinguishing units by number of bedrooms and any special
occupancies (elderly or handicapped); form of tenure; any subsidies
anticipated; rent or sales prices including any commitments for price
ceilings; methods of water supply and sewage disposal; time schedule
for construction of units and improvements; service improvements proposed
at the developer's and those anticipated at the Town's expense; and
means, if any, of providing for design control.
(3) Analysis of the consequences of the proposed development,
evaluating the following impacts at a level of detail appropriate
to the number of units proposed.
(a)
Natural environment: ground water and surface
water quality, groundwater level, stream flows, erosion and siltation,
vegetation removal (especially unusual species and mature trees) and
wildlife habitats.
(b)
Public services: traffic safety and congestion,
need for water or sewer system improvements, need for additional public
recreation facilities, need for additional school facilities.
(c)
Economics: municipal costs and revenues, local
business activity, local jobs.
(d)
Social environment: rate of Town population
growth, range of available housing choice.
(e)
Visual environment: visibility of buildings
and parking, visual compatibility with existing development in the
area.
(4) In the case of proposals for 30 or more dwelling units,
a site analysis shall also be submitted, consisting of a series of
site analysis drawings at the same scale as the site plan, each on
a separate sheet, indicating analysis of hydrologic considerations,
vegetative cover, slope and land form, soils and geology and such
other characteristics as the applicant deems advisable.
(5) If involving more than 10 dwelling units, a phasing schedule, to be acted upon under §
123-14, Phasing of development.
[Added by 5-27-2008 ATM, Art. 19]
B. Locational requirements.
(1) Multifamily dwellings must be so located as to allow
connection to the municipal sewerage system at the time of construction.
(2) Multifamily dwellings must be so located that the
traffic they are projected to generate will not increase average daily
traffic by more than 10% on any existing street.
(3) Egress from multifamily developments of 24 or more
dwelling units must be so located that there is at least 250 feet
visibility in each travel direction at the curb line.
C. Intensity of use requirement The following shall apply to multifamily dwellings instead of the requirements of §
123-13.
(1) Minimum lot area per dwelling unit shall equal 30%
of the required lot area for a single-family dwelling at that location
plus 10% of that required lot area per bedroom. (e.g., a two-bedroom
dwelling unit requires 30% plus 10% plus 10% or 50% of the lot area
required for a single-family dwelling.)
(2) Minimum lot frontage and maximum lot coverage shall be as required at §
123-13.
(3) Front, side and rear yards shall be as required at §
123-13, except that front yard shall be not less than twice building height and side and rear yards shall be not less than building height, if more restrictive than the underlying requirement. No parking area for more than two cars shall be located within a required yard unless that yard abuts a lot committed to multifamily use.
D. Site design requirements.
(2) Light intrusion shall be controlled by having no building
floodlighting, and by having lighting for drives and parking areas
employ shielded fixtures mounted not more than 15 feet high.
E. Building design requirements.
(1) No structure shall contain more than 12 dwelling units.
(2) Not more than four dwelling units shall be served
from a single building entrance.
(3) No building shall exceed 200 feet in length, 32 feet
in height, or have an unbroken roof area of more than 2,000 square
feet.
(4) No occupied floor shall be below grade at its entire
perimeter.
F. Decision. In deciding on a special permit for multifamily dwellings, the following more detailed criteria shall be used rather than those of §
123-4C. Such special permit shall be granted only if the Planning Board determines that the proposal would have beneficial effects which overbalance any adverse impacts on the neighborhood or the Town, considering the following:
(1) Municipal costs and revenues.
(2) Effect on the range of available housing choice.
(3) Service to identified housing needs.
(4) Support for local business activity and jobs.
(5) Impact on the natural environment, especially on ground
and surface water quality and level.
(6) Impacts on traffic safety and congestion, adequacy
of water service and need for school facilities.
(7) Impacts on the visual environment through preservation
or displacement of visual assets and consistency with existing development
in area.
(8) Architectural design compatible with the local area
and the nature of the Town.
[Added by 4-25-1988 ATM, Art. 7; amended by 4-29-1991 ATM, Art. 33]
A. Purposes. The purposes of this section are to protect
public health from contamination of existing and potential public
and private water supplies and to protect the general welfare by preserving
limited water supplies for present and future use.
B. Delineation of Groundwater Protection District.
(1)
For the purposes of this section, there is hereby
established within the Town of Blackstone an overlay district consisting
of certain groundwater protection areas, including aquifers and recharge
areas, which are delineated on the map entitled "Groundwater Protection
District Map, Town of Blackstone," dated October 2011 and which shall
be considered as superimposed over other districts established by
the zoning bylaws of this Town. This map, as it may be amended from
time to time, is on file with the office of the Town Clerk and, with
any explanatory material thereon, is hereby made a part of this chapter.
[Amended by 10-18-2011 STM, Art. 4]
(2)
Where the bounds of the Groundwater Protection
District, as delineated on the Groundwater Protection District Map,
are in doubt or in dispute, the burden of proof shall be upon the
owner(s) of the land in question to show where they should properly
be located. At the request of the owner(s), the Town may engage a
professional hydrogeologist or soil scientist to determine more accurately
the location and extent of an aquifer or recharge area and may charge
the owner(s) for all or part of the cost of the investigation.
C. Use regulations. Within the Water Resource District, the use requirements of the underlying zoning districts continue to apply, except that uses are prohibited or require a special permit from the Planning Board as provided in Subsections
D and
E below, even where the underlying district requirements are more permissive.
D. Prohibited uses. Within the Groundwater Protection
District, the following uses are prohibited.
(1)
All uses required to be prohibited in wellhead
protection zones by 310 CMR 22.21 (2)a. Generally, those are the following
[see 310 CMR 22.21 (2)a, on file with the Building Inspector, for
exact provisions]:
(a)
Landfills, open dumps, and sludge or septage
landfills.
(b)
Auto graveyards or junkyards.
(c)
Stockpiling and disposal of snow from outside
of the district, if containing ice control chemicals.
(d)
Individual sewage disposal systems designed
to receive more than 110 gallons per day per 1/4 acre or 440 gallons
per day on any one acre.
(e)
Sewage treatment facilities subject to 314 CMR
5.00, until such time as that regulation may be amended to specifically
allow them.
(f)
Facilities that generate, treat, store or dispose
of hazardous waste subject to MGL c. 21 and 310 CMR 30.00, except:
[1]
Very small quantity generators, as defined under
310 CMR 30.00.
[2]
Household hazardous waste centers and events
under 310 CMR 30.390.
[3]
Waste oil retention facilities required by MGL
c. 21, § 52A.
[4]
Remediation treatment works approved under 314
CMR 5.00.
(2)
All uses required to be prohibited in wellhead
protection zones by 310 CMR 22.21 (2)b, unless designed in accordance
with specified performance standards. Generally, those are the following
[see 310 CMR 22.21 (2)b, on file with the Building Inspector, for
exact provisions]:
(a)
Storage of sludge and septage unless in accordance
310 CMR 32.30 and 310 CMR 32.31.
(b)
Storage of ice removal chemicals, commercial
fertilizers and soil conditioners unless within a structure designed
to prevent generation and escape of contaminated runoff or leachate.
(c)
Storage of animal manure, unless covered or
contained.
(d)
Storage of liquid hazardous materials as defined
in MGL c. 21E, unless in a freestanding container within a building
or above ground with adequate secondary containment.
(e)
Earth removal to within four feet of historical
high groundwater, unless regraded to a higher level within 45 days,
except for excavations for building foundations or utility works.
(f)
Storage of liquid petroleum products, provided
that such storage is in a freestanding container within a building
or above ground with adequate secondary containment, except
[1]
Normal household use, outdoor maintenance and
heating of a structure.
[2]
Waste oil retention facilities required by MGL
c. 21, § 52A.
[3]
Emergency generators required by statute, rule
or regulation.
[4]
Treatment works approved under 314 CMR 5.00
for treatment of contaminated ground or surface waters.
(g)
Industrial uses that discharge process wastewater
on site.
(i)
Dry-cleaning establishments.
(j)
Boat and motor vehicle service, washing and
repair establishments.
(k)
Mining of land, except as incidental to a permitted
use.
E. Special permit uses.
(1)
The following uses, unless prohibited by a specific provision of §
123-23.1D, may be permitted, but only by a special permit from the Planning Board under such conditions as the Planning Board may require:
(a)
Commercial and industrial activities permitted
in the underlying district and involving the manufacture, storage,
transportation or use of any hazardous material other than hazardous
wastes as defined in MGL c. 21C.
(b)
Rendering impervious more than 15% of lot area
or 2,500 square feet, to be approved only if using a system for artificial
recharge of stormwater that will not degrade groundwater quality.
(2)
Any application for a special permit shall be
made, reviewed, and acted upon in accordance with the following procedures:
(a)
Each application for a special permit shall
be filed, in writing, with the Planning Board and shall contain a
complete description of the proposed use together with any supporting
information and plans which the Planning Board may require.
(b)
The Planning Board shall refer copies of the
application to the Board of Health, Board of Selectmen, Conservation
Commission and Department of Public Works, which shall review, either
jointly or separately, the application and shall submit their recommendations
to the Planning Board.
(c)
After notice and public hearing and after due
consideration of the reports and recommendations of the local boards
and departments, the Planning Board may grant such a special permit,
provided that it finds that the proposed use:
[1]
Is in harmony with the purpose and intent of
this section and will promote the purposes of the Groundwater Protection
District.
[2]
Is appropriate to the natural topography, soils
and other characteristics of the site to be developed.
[3]
Will not, during construction or thereafter,
have an adverse environmental impact on the aquifer or recharge area.
[4]
Will not adversely affect an existing or potential
water supply.
F. Design and operations guidelines. Within the Groundwater
Protection District, the following design and operations guidelines
shall be observed, except for single- and two-family dwellings:
(1)
Safeguards. Provision shall be made to protect
against toxic or hazardous materials discharge or loss through corrosion,
accidental damage, spillage or vandalism through such measures as
provision for spill control in the vicinity of chemical or fuel-delivery
points, secure storage areas for toxic or hazardous materials and
indoor storage provisions for corrodible or dissolvable materials.
(2)
Locations. Where the premises are partially
outside of the Groundwater Protection District, such potential pollution
sources as on-site waste disposal systems shall, to the degree feasible,
be located outside the district.
(3)
Monitoring. Periodic monitoring may be required
by the Building Inspector or by the Planning Board either in performing
the site plan review or in acting on a special permit. That monitoring
may include sampling of wastewater disposed to on-site systems or
dry wells and sampling from groundwater-monitoring wells, to be located
and constructed as specified by the Building Inspector or Planning
Board, with reports to be submitted to the Building Inspector, the
Planning Board, the Department of Public Works and the Board of Health.
The costs of monitoring, including sampling and analysis, shall be
borne by the owner of the premises.
G. Violations. Written notice of any violation shall
be provided by the Building Inspector to the owner of the premises,
specifying the nature of the violation and specifying a time for compliance,
including cleanup of any spilled materials. The time allowed shall
be reasonable in relation to the public health hazard involved and
the difficulty of compliance, but in no event shall more than 30 days
be allowed for either compliance or finalization of a plan for longer-term
compliance. The costs of achieving compliance shall be borne by the
owner of the premises or, if uncollectable from the owner, by the
responsible occupant.
[Added by 4-25-1994 ATM, Art. 22]
A. Purposes. The purposes of the Village Overlay District
are to facilitate new investment within the district, to build pedestrian-scale
convenience and amenity, to meet housing needs, to serve entrepreneurial
interests of Blackstone residents and to protect and enhance the village
heritage.
B. Village-compatible development. Applicants for development within the Village Overlay District may choose to develop subject to the alternative use and dimensional regulations of Subsections
C and
D, rather than those normally applicable, provided that the Planning Board grants the development proposal a special permit for village-compatible development upon its determination that the proposal is consistent with one or the other of the following:
[Amended by 5-31-2005 ATM, Art. 37]
(1)
The development proposed is an alteration or addition to an
existing structure, increasing the total floor area by up to 50% above
that existing on the premises as of January 1, 1994; or
(2)
The Planning Board finds that the building as proposed would
be compatible with development within a comparison area consisting
of all lots abutting the premises in question plus all lots in whole
or part within 300 feet of the boundary of the premises. That determination
is to be based upon compliance with the following, unless the Planning
Board finds that, owing to peculiarities of the location or of the
proposed building but not found generally in the District, the proposal
would on balance advance the purposes of the Village Overlay District
despite noncompliance with one of more of the following standards,
or conversely finds that despite compliance with these standards the
proposal would not on balance advance the purposes of the Village
Overlay District:
(a)
Any proposed buildings are in scale with those existing within
the comparison area, which means:
[1] The total floor area proposed to be on the premises
is to be no more than 1/4 greater than the total floor area existing
on at least one lot within the comparison area; and
[2] The ratio of total floor area (as proposed) to
total lot area is to be no more than 1/4 greater than the ratio existing
on at least one lot within the comparison area; and
[3] The maximum building height is to be no more than
10% greater than the tallest building existing within the comparison
area and no less than 2/3 that of the lowest building existing within
that area.
(b)
The site design is consistent with that of the comparison area
and abutting premises, which means:
[1] The building is proposed not to be separated from
the street line except by a landscaped yard and usual walks and drives;
and
[2] If abutting properties to the left and right both
have some physical definition of the street line (such as walls, fences,
hedges, or building location at the street line) development on the
premises in question is proposed to also provide some physical street
line definition; and
[3] The location of parking facilities relative to
the principal building is consistent with that found on the majority
of developed lots within the comparison area.
C. Use regulations. Within the Village Overlay District, the use requirements of §
123-11, Use schedule, for the underlying districts shall continue to apply, except that
[Amended by 5-28-2013 ATM, Art. 30]
(1) multifamily dwellings may be allowed on special permit from the Planning
Board; and
(2) within the Commercial "C" District portion, a mix of uses may be allowed without regard to Subsection
F of §
123-12
provided that in both cases the development is determined to be village-compatible as specified in Subsection
B above.
D. Dimensional regulations. For village-compatible development as specified in Subsection
B above, the following dimensional regulations shall apply rather than those of §
123-13.
[Amended by 5-30-2006 ATM, Art. 22; 5-28-2013 ATM, Art. 30]
|
Minimum lot area
|
7,500 square feeta
|
|
Minimum lot frontage
|
70 feet
|
|
Minimum front yard
|
20 feetb
|
|
Minimum side or rear yard:
|
|
|
|
At Village Overlay Boundary
|
15 feet
|
|
|
Elsewhere
|
8 feet
|
|
Maximum lot coverage
|
40%
|
|
NOTES:
|
|
a Except not less than 5,000 square
feet per dwelling unit for two-family or multifamily dwellings in
the R-1 portion of the overlay district.
|
|
b Except that the front yard need
not be larger than the average of the front yards provided on lots
adjoining it on the same street, with a vacant lot considered to have
a front yard of 20 feet.
|
E. Conforming and grandfathered lots. By-right development on lots that comply with the dimensional requirements of the underlying district and those lots grandfathered for single- and two-family dwellings under MGL c. 40A, § 6, shall be subject to the site design standards of Subsection
B as determined by site plan review by the Planning Board.
[Added by 5-30-2017 ATM,
Art. 20]
[Added by 5-27-1997 ATM, Art. 9]
A. Purpose. Earth removal must meet the requirements of Chapter
109, Soil Removal, of the Code of the Town of Blackstone in addition to meeting the requirements of the Zoning Bylaw. The purpose of this section is to provide a procedure for the determination of whether given locations are suitable for certain earth removal activities.
B. Procedure. Upon their receipt by the Selectmen, a
copy of earth removal special permit application materials shall be
forwarded to the Planning Board. Within 35 days of receiving the materials,
the Planning Board shall review them and submit a report with recommendations
to the Selectmen, as provided in MGL c. 40A, § 11. If the
decision of the Selectmen is inconsistent with the recommendation
of the Planning Board, the Selectmen shall explain the reasons for
the inconsistency to the Planning Board in writing.
C. Criteria. Special permits are to be approved by the Board of Selectmen only if it finds that the criteria of §
123-4C are met and that the location of the proposed activity relative to dwellings, means of access, environmental resources likely to be displaced by the operation and natural buffering through topography and vegetation assure that environmental and residential disturbance will meet the performance standards of §
123-16 of the Zoning Bylaw and Chapter
109, Soil Removal, of the Code of the Town of Blackstone and that any other environmental or residential impacts will be small.
[Added by 5-31-2005 ATM, Art. 38]
A. Purpose. This section regulates personal wireless service facilities
within the Town for the following purposes:
(1)
To protect the scenic, historic, environmental and natural or
man-made resources of the Town;
(2)
To protect property values;
(3)
To minimize any adverse impacts on the residents of the Town
(such as attractive nuisance, noise and falling objects) or on the
general safety, welfare and quality of life in the community;
(4)
To minimize the total number and height of towers located within
the community through, among other things:
(a)
Encouraging the use of existing structures and towers wherever
appropriate; and
(b)
Requiring tower sharing and clustering of wireless communications
facilities where they reinforce the other purposes and objectives
in this section.
(5)
To accomplish those purposes through:
(a)
Providing standards and requirements for regulation, placement,
construction, monitoring, design, modification and removal of wireless
communications facilities; and
(b)
Providing a procedural basis for action within a reasonable
period of time for requests for authorization to place, construct,
operate or modify wireless communications facilities; and
(c)
Acting consistent with the Federal Telecommunications Act of
1996.
B. Applicability. Special permits may be granted for personal wireless service facilities as defined in §
123-24 only in accordance with the standards and criteria below. However, facilities erected and maintained by the Town of Blackstone for the exclusive use of schools, public works, emergency and safety services, and facilities, such as satellite dishes of less than one-meter diameter, preempted from local control by the Federal Telecommunications Act, do not require special permits and are not subject to the following restrictions.
C. Site location. The Town's priorities for siting wireless communications
facilities are as follows, in descending order. Applicants shall document
that they have investigated locations higher in priority ranking than
the one for which they are applying, indicating whether sites are
available within those higher-ranked categories and, if so, under
what conditions.
(1)
Concealed within an existing structure so as not to be visible
from outside the structure, achieved without damage to historic features
of the structure or its context.
(2)
On an existing building but not damaging important historic
features of it, or on an existing structure such as an electric transmission
tower or water tower, in either case camouflaged through location,
design, color, or other means to resemble a compatible architectural
feature or other element of the primary structure.
(3)
Co-located with existing wireless communications facilities.
(4)
On Town-owned land which complies with other requirements of
this section and where visual impact can be minimized and mitigated;
(5)
On other sites so located that the following are satisfied for
the area within a radius equal to four times the height of the tower:
(a)
No portion of an historic district established under MGL c.
40C or a district on or eligible to be on the National or State Register
of Historic Places lies within that area.
(b)
No portion of a Town-designated scenic road passes through that
area.
(c)
The area is not a densely settled residential or mixed-use one,
evidenced by having no more than five existing principal buildings
used as dwellings, churches, schools, or similar nonbusiness uses
located in whole or in part within that area.
(d)
The area is a low visibility one, meaning that no major arterial,
arterial, or collector street (as classified in the Blackstone Municipal
Plan as most recently approved by the Planning Board) passes within
it.
D. Design requirements.
(1)
Height. The height of personal wireless service facilities shall
comply with the following:
(a)
Ground-mounted facilities. The height of ground-mounted personal
wireless service facilities (towers or other facilities attached directly
to the ground rather than onto a building or other structure) measured
above average grade at the base of the tower shall be less than 200
feet or, if smaller, a height equal to 40% of the distance from the
tower center to the nearest point of an existing dwelling. For example,
if the nearest portion of a dwelling were 300 feet from the proposed
tower base, then the maximum allowable height would be 40% of 300
feet or 120 feet.
(b)
Building-mounted facilities. Building-mounted personal wireless service facilities shall comply with the height limitations of §
123-13.3A. Personal wireless service facilities may be located on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building height.
(c)
Location on existing structures. New antennas located on a water
tower or personal wireless service facility existing on the effective
date of this bylaw shall be exempt from the height restrictions of
this section, provided that they do not increase the height of the
existing structure. New antennas located on electric transmission
and distribution towers, telephone poles and similar existing utility
structures shall be exempt from the height restrictions of this bylaw,
provided that there is no more than a twenty-foot increase in the
height of the existing structure as a result of the installation of
a personal wireless service facility.
(2)
Setbacks.
(a)
All personal wireless service structures and their equipment
shelters shall comply with the building setback provisions of the
zoning district in which the facility is located. In addition, the
minimum distance from the center of the base of any ground-mounted
personal wireless service facility to any property line shall be the
height of the facility, including any antennas or other appurtenances.
(b)
In reviewing a special permit application for a personal wireless
service facility, the Planning Board may reduce the required setback
distance by as much as 50% if it finds that on balance visual and
safety impacts will be improved through such reduction.
(3)
Security and signs. Ground-mounted communications towers shall
be secured from trespass or vandalism by eight-foot-high fencing or
other means approved by the Planning Board, but fencing shall not
include barbed or razor wire. A sign not larger than one square foot
shall be posted adjacent to the entry gate indicating the name of
the facility owner(s) and a twenty-four-hour emergency telephone number,
along with any other signs or notices required by state or federal
agencies. Advertising on any antenna, tower, fencing, accessory building
or communications equipment shelter is prohibited.
(4)
Buffering. Existing on-site vegetation shall be preserved to
the degree feasible, supplemented to the extent necessary to provide
dense buffering from adjacent premises and streets by both trees and
understory growth. Security fencing shall be screened by a landscaped
buffer of evergreen plantings having a mature height at least equal
to the fence height.
(5)
Tower design. New towers are to be monopole (single shaft without
guy wires) type unless the applicant documents to the satisfaction
of the Planning Board that an alternative would better serve the objectives
of minimizing visual intrusion and adequately protecting safety.
(6)
Co-location capacity. New towers are to be designed to accommodate
facilities for at least six wireless communications carriers, and
the owner/applicant shall allow co-location for such carriers under
fair-market leases without discrimination against other wireless service
providers.
(7)
Accessory buildings. Shelters and other accessory buildings
shall be located and designed to minimally intrude into or depart
from the character of the environs, including use of underground facilities
where feasible. Consistency with the appearance of buildings in the
vicinity shall include use of gable roofs with eave heights averaging
not more than 20 feet above grade and exterior wall appearance being
that of wood.
(8)
Interconnections. To the extent technologically feasible, all
network interconnections from the facility shall be via land lines.
(9)
Noise impact. Noise levels shall not exceed eight db(A) above
ambient L90 levels measured at any property
line or the nearest residence, exclusive of noise from construction,
maintenance, and emergency alarms, and shall not result in tonal sounds
[sounds in an octave band level exceeding the levels in adjacent bands
by three db(A) or more] or in impulsive noise [noise which repetitively
varies more than five db(A) more than 10 times in an hour].
E. Procedure. Special permits for personal wireless service facilities
shall require justification of need for the facility, approval of
the location, and approval of the project design and other provisions.
(1)
Justification of need. In applying for determination of justification
of need, the applicant shall submit the following:
(a)
A map of the geographic area in which the proposed facility
will provide coverage that is adequate as expected by the FCC, locating
existing or pending facilities in and abutting the Town, indicating
those in which the applicant has a legal or equitable interest, whether
by ownership, leasehold or otherwise.
(b)
Written documentation of any facility sites in the Town and
in abutting towns in which the applicant has a legal or equitable
interest, whether by ownership, leasehold or otherwise. Said documentation
shall demonstrate that these facility sites do not already provide
adequate coverage, or do not have the potential to do so by site adjustment.
(c)
Written documentation that the applicant has investigated all
facility sites located in the Town and in abutting towns in which
the applicant has no legal or equitable interest to determine whether
those existing facility sites can be used to provide adequate coverage.
(d)
Written documentation that the proposed facility uses the least
disruptive technology (through the use of repeaters or other similar
technology as it may be developed subsequent to adoption of this bylaw)
in which it can provide adequate coverage in conjunction with all
facility sites listed above.
(2)
Location approval. In applying for location approval, the applicant
shall submit the following:
(a)
Mapping and other graphic material documenting justification for the location selection in light of the Town's location priorities outlined at §
123-23.4C, and illustrating coverage adequacy.
(b)
Visual evidence of the visibility and appearance of any proposed
tower through photo simulation from locations selected by the Planning
Board.
(c)
Technical reports from qualified professional engineers describing:
[1] The technical, economic and other reasons for the
facility height and location.
[2] The capacity of the facility, including the number
and types of transmitters and receivers it can accommodate and the
basis for the calculations of the capacity.
[3] The basis for determining that the proposed facility
location and design uses the least disruptive technology in which
it can reasonably provide adequate coverage.
[4] The basis for determining that the proposed technology
and location are the safest and least intrusive to the vicinity that
is currently feasible.
[5] How the proposed facility complies with all applicable
federal and state standards.
(3)
Project design. In applying for project design approval, the
applicant shall submit the following:
(a)
All information required under the site plan requirements of §
123-2C.
(b)
Written statements of compliance with, or exemption from, the
regulations of all federal and state agencies governing personal wireless
facilities or uses, including, but not limited to, the FAA, FCC, Massachusetts
Aeronautics Commission, and Massachusetts Department of Health.
(c)
A report certified by an acoustical engineer documenting that the projected impact upon noise levels will meet the standard of §
123-23.4D(9).
(d)
For proposed ground-mounted towers, a report prepared by a certified general appraiser documenting the projected difference in real estate values resulting between these two scenarios for any existing dwellings within the six-times tower height area specified at §
123-23.4C(5):
[1] Development of that area with the proposed communications
facility plus nothing else; or
[2] Development of that area with the maximum amount
of residential development feasible under current zoning and other
regulations.
(4)
Approval criteria.
(a)
A special permit shall be granted under this section only if
the Planning Board finds that the projects is in harmony with the
general purpose and intent of this bylaw. In addition, the Planning
Board shall make all the applicable findings before granting the special
permit, as follows:
[1] That the applicant is not already providing adequate
coverage or is unable to maintain adequate coverage without the special
permit;
[2] That the applicant is not able to use existing
facility sites either with or without the use of repeaters to provide
adequate coverage;
[3] That the proposed wireless service facility minimizes
any adverse impact on historic resources, scenic views, residential
property values, and natural or man-made resources;
[4] That the applicant has agreed to implement all
reasonable measures to mitigate the potential adverse impacts of the
facilities;
[5] That the applicant has agreed to rent or lease
available space on any tower it controls within Blackstone, under
the terms of a fair-market lease, without discrimination to other
wireless service providers.
(b)
In granting a special permit the Planning Board may, in addition
to such terms and conditions as may be specified above, impose such
additional conditions and safeguards as public safety, welfare and
convenience may reasonably require.
(c)
All special permit decisions by the Planning Board under this
section shall be in writing and supported by substantial evidence
contained in a written record, as required by the Federal Telecommunications
Act and by MGL c. 40A.
(5)
Term of permit. Each special permit shall be valid for a fixed
or conditional period of time as determined by the Planning Board,
but not to exceed 25 years. At the end of the approved time period,
the carrier shall remove the facility unless a new special permit
has been approved.
(6)
Monitoring and reporting. Each carrier utilizing wireless communications
facilities authorized under these provisions shall file a report with
the Town every year on operational aspects of the facility, including
power consumption; power radiation; frequency transmission; the number,
location, and orientation of antennas; and types of services provided.
With the report the application shall file a fee of $1,000 per carrier
for compliance monitoring.
(7)
Expert testimony and review.
(a)
To ensure a well-informed process, the Planning Board will place
important reliance on the written submittals required above. Those
submittals shall be prepared by professionals who are expert on the
topics which they are addressing and who, if requested by the Planning
Board, will be available to provide oral testimony as well.
(b)
The applicant shall pay the reasonable costs for the Planning
Board to engage independent consultants to review the application
submittals.
F. Removal requirements. Any personal wireless service facility that
ceases to perform the normal functions associated with the wireless
service facility and its equipment on a continuous and ongoing basis
for a period of one year shall be removed. At the time of removal,
the facility owner shall remediate the site such that all wireless
communications facilities that have ceased to operate are removed.
If all facilities on a tower have ceased to operate, the owner shall
also remove the tower (including the foundation). Existing trees shall
only be removed if necessary to complete the required removal. The
applicant shall, as a condition of the special permit, provide a bond
or other form of financial guarantee acceptable to the Planning Board
to cover the cost of removal of the facility and the remediation of
the landscape.
[Added by 5-31-2011 ATM, Art. 26]
A. Purposes. The purpose of this section is to provide for the construction
and operation of wind energy facilities and to provide standards for
the placement, design, construction, monitoring, modification and
removal of wind facilities that address public safety, minimize impacts
on scenic, natural and historic resources of the Town and provide
adequate financial assurance for decommissioning. 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 wind energy facilities.
B. Applicability. This section applies to all utility-scale, on-site
wind facilities, and small wind energy systems, proposed to be constructed
after the effective date of this section. This section also includes
building integrated wind systems, and physical modifications to existing
wind facilities that materially alter the type, configuration, or
size of such facilities or other equipment.
C. General requirements for all wind energy facilities.
(1)
Exemptions. Wind turbines constructed, reconstructed, or renovated
for the primary purpose of generating power for use as part of a commercial
agriculture operation shall be considered a structure pursuant to
MGL c. 40A, § 3 and, therefore, shall be exempt from this
section.
(2)
A permit shall be granted unless the Planning Board finds, in
writing, that there is substantial evidence that:
(a)
The specific site is not an appropriate location for such use;
(b)
There is expected to be a serious hazard to pedestrians or vehicles
from the use;
(c)
A nuisance is expected to be created by the use; and
(d)
Adequate and appropriate facilities will not be provided for
the proper operation and maintenance of the use.
(3)
Permit needed. The following wind energy facilities shall require
a special permit from the Planning Board:
(a)
Small wind - meteorological towers.
(b)
Large wind - utility-scale, on-site wind use.
(c)
Building-integrated wind.
(4)
Compliance with laws, ordinances and regulations. The construction
and operation of all such proposed wind energy facilities shall be
consistent with all applicable local, state and federal requirements,
including but not limited to all applicable safety, construction,
environmental, electrical, communications and aviation requirements.
(5)
Proof of liability insurance. The applicant shall be required
to provide evidence of liability insurance satisfactory to the Planning
Board in an amount, and for a duration, sufficient to cover loss or
damage to persons and property occasioned by the failure of the facility.
(6)
Site control. At the time of its application for a special or
building permit, the applicant shall submit documentation of actual
or prospective control of the project site sufficient to allow for
installation and use of the proposed facility. Documentation shall
also include proof of control over setback areas and access roads,
if required. Control shall mean the legal authority to prevent the
use or construction of any structure for human habitation within the
setback areas.
(7)
Utility notification. No wind energy facility shall be installed
until evidence has been given to the Planning Board that the utility
company has been informed of the customer's intent to install an interconnected
customer-owned generator. Off-grid systems shall be exempt from this
requirement.
(8)
Temporary meteorological towers (met towers). Met towers shall
be permitted under the same standards as a small wind system, except
that the requirements apply to a temporary structure. A permit for
a temporary met tower shall be valid for a maximum of three years,
after which an extension may, in the discretion of the Planning Board,
be granted. Small anemometers installed directly on buildings shall
not require a building or special permit.
(9)
Design standards.
(a)
Appearance, color and finish. FAA safety consideration on color
and appearance should be respected. Where an applicant is seeking
a nonstandard color in an area not regulated by the FAA, the permit
granting authority shall have authority to regulate the color of the
turbine.
(b)
Lighting. Wind turbines shall be lighted only if required by
the Federal Aviation Administration. Lighting of other parts of the
wind energy facility, such as appurtenant structures, shall be limited
to that required for safety and operational purposes, and shall be
reasonably shielded from abutting properties.
(c)
Signage. Signs on the wind energy facility shall comply with
the requirements of the Town's sign regulations, and shall be limited
to those necessary to identify the owner, provide a twenty-four-hour
emergency contact phone number, and warn of any danger as well as
educational signs providing information about the facility and the
benefits of renewable energy.
(d)
Advertising. Wind turbines shall not be used for displaying
any advertising except for reasonable identification of the manufacturer
or operator of the wind energy facility.
(e)
Utility connections. Reasonable efforts shall be made to locate
utility connections from the wind energy facility underground, depending
on appropriate soil conditions, shape, and topography of the site
and any requirements of the utility provider. Electrical transformers
for utility interconnections may be aboveground if required by the
utility provider.
(f)
Appurtenant structures. All appurtenant structures to such wind
energy facilities shall be subject to reasonable regulations concerning
the bulk and height of structures and determining yard sizes, lot
area, setbacks, open space, parking and building coverage requirements.
All such appurtenant structures, including, but not limited to, equipment
shelters, storage facilities, transformers, and substations, shall
be architecturally compatible with each other and shall be contained
within the turbine tower whenever technically and economically feasible.
Whenever reasonable, structures should be shaded from view by vegetation
and/or located in an underground vault and joined or clustered to
avoid adverse visual impacts.
(10)
Safety and environmental standards.
(a)
Emergency services. The applicant shall provide a copy of the
project summary, electrical schematic, and site plan to the local
emergency services entity, as designated by the Planning Board. Upon
request, the applicant shall cooperate with local emergency services
in developing an emergency response plan. All means of disconnecting
the wind energy facility shall be clearly marked. The applicant or
facility owner shall maintain a phone number and identify a responsible
person for the public to contact with inquiries and complaints throughout
the life of the project.
(b)
Unauthorized access. Wind turbines or other structures part
of a wind energy facility shall be designed to prevent unauthorized
access. For instance, the tower shall be designed and installed so
as to not provide step bolts or other climbing means readily accessible
to the public for a minimum height of eight feet above the ground.
Electrical equipment shall be locked where possible.
(c)
Shadow/flicker. Wind energy facilities shall be sited in a manner
that minimizes shadowing or flicker impacts. The applicant has the
burden of proving that this effect does not have significant adverse
impact on neighboring or adjacent uses.
(d)
Sound. The wind facility and associated equipment shall conform
with the provisions of the Department of Environmental Protection's
Division of Air Quality noise regulations (310 CMR 7.10), unless the
Department and the Planning Board agree that those provisions shall
not be applicable. A source of sound will be considered to be violating
these regulations if the source either increases the broadband sound
level by more than 10 dB(A) above ambient, or 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. These criteria are measured both at the property
line and at the nearest inhabited structure. "Ambient" is defined
as the background A-weighted sound level that is exceeded 90% of the
time measured during equipment hours. The ambient may also be established
by other means with consent from DEP. An analysis prepared by a qualified
engineer shall be presented to demonstrate compliance with these noise
standards, if required by the Planning Board. The Planning Board,
in consultation with the Department, shall determine whether such
violations shall be measured at the property line or at the nearest
inhabited residence.
(e)
Land clearing, soil erosion and habitat impacts. Clearing of
natural vegetation shall be limited to that which is necessary for
the construction, operation and maintenance of the wind facility and
is otherwise prescribed by applicable laws, regulations, and ordinances.
(11)
Monitoring and maintenance.
(a)
Facility conditions. The applicant shall maintain the wind energy
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 Fire Chief and emergency medical services. The project owner shall
be responsible for the cost of maintaining the wind energy facility
and any access road(s), unless accepted as a public way, and the cost
of repairing any damage occurring as a result of operation and construction.
(b)
Modifications. All material modifications to a wind energy facility
made after issuance of the permit shall require approval by the Planning
Board as provided in this section.
(12)
Abandonment or decommissioning.
(a)
Removal requirements. Any wind energy facility which has reached
the end of its useful life or has been abandoned shall be removed.
When the wind energy facility is scheduled to be decommissioned, the
applicant shall notify the Town by certified mail of the proposed
date of discontinued operations and plans for removal. The owner/operator
shall physically remove the wind facility no more than 150 days after
the date of discontinued operations. At the time of removal, the wind
facility site shall be restored to the condition it was in before
the facility was constructed or any other legally authorized use.
More specifically, decommissioning shall consist of: physical removal
of all wind turbines, structures, equipment, security barriers and
transmission lines from the site; disposal of all solid and hazardous
waste in accordance with local and state waste disposal regulations;
and stabilization or revegetation of the site as necessary to minimize
erosion. The Planning Board may allow the owner to leave landscaping
or designated below-grade foundations in order to minimize erosion
and disruption to vegetation.
(b)
Abandonment. Absent notice of a proposed date of decommissioning,
the facility shall be considered abandoned when the facility fails
to operate for more than one year without the written consent of the
Planning Board. The Planning Board shall determine in its decision
what proportion of the facility is inoperable for the facility to
be considered abandoned. If the applicant fails to remove the wind
energy facility in accordance with the requirements of this section
within 150 days of abandonment or the proposed date of decommissioning,
the Town shall have the authority to exercise any remedies available
under applicable law to compel such removal.
(13)
Expiration. A permit issued pursuant to this section shall expire
if: (a) The wind energy facility is not installed and functioning
within 48 months from the date the permit is issued; or (b) The wind
energy facility is abandoned.
(14)
Violations. It is unlawful for any person to construct, install,
or operate a wind energy system that is not in compliance with this
section or with any condition contained in a permit issued pursuant
to this section. Wind energy systems installed prior to the adoption
of this section are exempt from the provisions hereof.
D. Requirements for small wind energy facilities.
(1)
Special permit required. No small wind energy system shall be
erected, constructed, installed or modified as provided in this section
without first obtaining a special permit from the Planning Board.
All such wind energy systems shall, where economically feasible, be
constructed and operated in a manner that minimizes adverse visual,
safety and environmental impacts. The construction of a small wind
facility shall be permitted in any zoning district subject to the
issuance of a special permit and provided that the use complies with
all applicable requirements set forth in this section.
(2)
Height. Small wind turbines shall be no higher than 250 feet
above the current grade of the land, as measured at the uppermost
point of the rotor's swept area. A small wind turbine may exceed 250
feet if:
(a)
The applicant demonstrates by substantial evidence that such
height reflects industry standards for a similarly sited wind facility;
(b)
Such excess height is necessary to prevent financial hardship
to the applicant; and
(c)
The facility satisfies all other criteria for the granting of
a building permit under the provisions of this section.
(3)
Setbacks. Small wind turbines shall be set back a distance equal
to a minimum of 1.5 times the overall blade tip height of the wind
turbine from the nearest property line and any abutting private or
public way.
(4)
Setback waiver. The Planning Board may reduce the minimum setback
distance as it may deem appropriate, based on site-specific considerations,
or written consent of the affected abutter(s), if the project satisfies
all other criteria for the granting of a special permit under the
provisions of this section.
(5)
Application process and requirements. A building permit shall
be required for the installation of a small wind energy system.
(a)
General required documents. The building permit application
shall be accompanied by deliverables, including the following: (i)
a plot plan showing property lines and physical dimensions of the
subject property within two times the total height of the wind turbine
from the proposed tower location; (ii) location, dimensions, and types
of existing major structures on the property; (iii) location of the
proposed wind system tower, foundations, guy anchors and associated
equipment; (iv) the right-of-way of any public road that is contiguous
with the property; (v) any overhead utility lines; and (vi) location
and approximate height of tree cover.
(b)
Wind system specifications, including manufacturer and model,
rotor diameter, tower height, tower type (freestanding or guyed).
(c)
One- or three-line electrical diagram detailing wind turbine,
associated components, and electrical interconnection methods, with
all NEC compliant disconnects and overcurrent devices.
(d)
Foundations for towers less than or equal to 160 feet must have
blueprints or drawings signed by a professional engineer.
(e)
Foundations for towers greater than 160 feet must have blueprints
or drawings signed by a professional engineer licensed to practice
in the Commonwealth of Massachusetts.
(f)
Name, address, phone number and signature of the applicant,
as well as all co-applicants or property owners, if any.
(g)
The name, contact information and signature of any agents representing
the applicant.
(h)
A plan for maintenance of the small wind energy facility.
(6)
Fees. The application for a special permit for a wind energy
system must be accompanied by the applicable special permit fee.
E. Requirements for large wind energy facilities (utility and on-site
projects).
(1)
Special permit. No wind energy facility over 100 kilowatts of
rated nameplate capacity shall be erected, constructed, installed
or modified as provided in this section without first obtaining a
permit from the Planning Board. The construction of a wind energy
facility shall be permitted subject to the issuance of a special permit
and provided that the use complies with all requirements set forth
in the this section. All such wind energy facilities shall, where
economically feasible, be constructed and operated in a manner that
minimizes adverse visual, safety, and environmental impacts.
(2)
Financial surety. The Planning Board may require the applicant
for utility-scale wind facilities to provide a form of surety, either
through escrow account, bond or otherwise, to cover the cost of removal
of the permitted facilities in the event the Town must remove the
same. Said surety shall be in an amount and form determined by the
Planning Board, but shall in no event exceed more than 125% of the
cost of removal and compliance with the additional requirements set
forth herein, as determined by the applicant. Such surety will not
be required for municipally or state-owned facilities. The applicant
shall submit a fully inclusive estimate of the costs associated with
removal, prepared by a qualified engineer. The surety amount shall
include a mechanism for periodic cost of living adjustment.
(3)
Height. Large wind energy facilities shall be no higher than
450 feet above the current grade of the land, provided that wind facilities
may exceed 450 feet if:
(a)
The applicant demonstrates by substantial evidence that such
height reflects industry standards or manufacturer recommendations
for a similarly sited wind facility;
(b)
The applicant can demonstrate significant financial gain due
to additional height; and
(c)
The facility satisfies all other criteria for the granting of
a building permit under the provisions of this section.
(4)
Setbacks.
(a)
Large wind turbines shall be set back a distance equal to three
times the overall blade tip height of the wind turbine from the nearest
existing residential or commercial structure and from the nearest
property line and private or public way.
(b)
The Planning Board may reduce the minimum setback distance as
appropriate based on site-specific considerations, or written consent
of the affected abutter(s), if the project satisfies all other criteria
for the granting of a special permit under the provisions of this
section.
(5)
Required supporting documentation. The applicant shall provide
the special Planning Board with a description of the proposed project,
which shall include:
(a)
General. All plans and maps shall be prepared, stamped and signed
by a professional engineer licensed to practice in Massachusetts.
Included in the application shall be: (i) name, address, phone number
and signature of the applicant, as well as all co-applicants or property
owners, if any; (ii) the name, contact information and signature of
any agents representing the applicant; and (iii) documentation of
the legal right to use the wind facility site.
(b)
Technical documentation. The applicant shall, at a minimum,
submit the following technical documentation regarding the proposed
wind energy facility to the Planning Board: (i) wind energy facility
technical specifications, including manufacturer and model, rotor
diameter, tower height/type, foundation type/dimensions; (ii) tower
foundation blueprints or drawings signed by a Professional Engineer
licensed to practice in the Commonwealth of Massachusetts; (iii) tower
blueprints or drawings signed by a Professional Engineer licensed
to practice in the Commonwealth of Massachusetts; and (e) Electrical
schematic.
(c)
Location map: utility-scale projects. The applicant shall submit
to the Planning Board a copy of a portion of the most recent USGS
quadrangle map, at a scale of 1:25,000, showing the proposed facility
site, including turbine sites, and the area within at least two miles
from the facility. Zoning district designation for the subject parcel
should be included; however, a copy of a zoning map with the parcel
identified is suitable.
(d)
Site plan. A one inch equals 200 feet plan of the proposed wind
facility site, with contour intervals of no more than 10 feet, showing
the following: (i) property lines for the site parcel and adjacent
parcels within 300 feet; (ii) outline of all existing buildings, including
purpose (e.g., residence, garage, etc.) on the site parcel and all
adjacent parcels within 500 feet, including distances from the wind
facility to each building shown; (iii) location of all roads, public
and private, on the site parcel and adjacent parcels within the setback
distance of 1.2 times the blade tip height, and proposed roads or
driveways, either temporary or permanent; and (iv) Existing areas
of tree cover, including average height of trees, on the site parcel
and adjacent parcels within the setback distance of 1.2 times the
blade tip height.
(e)
Proposed location and design of wind facility, including all
turbines, ground equipment, appurtenant structures, transmission infrastructure,
access, fencing, exterior lighting, etc.
(f)
Location of viewpoints referenced below in Subsection
E(6) and
(7) of this section.
(6)
Visualizations: utility-scale projects. The Planning Board may
select up to four sight lines, including from the nearest building
with a view of the wind facility, for pre- and post-construction view
representations. Sites for the view representations shall be selected
from populated areas or public ways within a two-mile radius of the
proposed wind energy facility. View representations shall have the
following characteristics:
(a)
View representations shall be in color and shall include actual
pre-construction photographs and accurate post-construction simulations
of the height and breadth of the wind facility (e.g., superimpositions
of the wind facility onto photographs of existing views).
(b)
All view representations will include existing, or proposed,
buildings or tree coverage.
(c)
Include description of the technical procedures followed in
producing the visualization (distances, angles, lens, etc.).
(7)
Visualizations: on-site projects. The Planning Board may select
up to three sight lines, including from the nearest building with
a view of the wind facility, for pre- and post-construction view representations.
Sites for the view representations shall be selected from populated
areas or public ways within a two-mile radius of the proposed wind
energy facility. View representations shall have the following characteristics:
(a)
View representations shall be in color and shall include actual
pre-construction photographs and accurate post-construction simulations
of the height and breadth of the wind facility (e.g., superimpositions
of the wind facility onto photographs of existing views).
(b)
All view representations will include existing, or proposed,
buildings or tree coverage.
(c)
Include description of the technical procedures followed in
producing the visualization (distances, angles, lens, etc.).
(8)
Operation and maintenance plan. The applicant shall submit a
plan for maintenance of access roads and stormwater controls, as well
as general procedures for operational maintenance of the wind facility.
(9)
Compliance documents. The applicant will provide with the application:
(a)
Description of the proposed financial surety that satisfies Subsection
E(2) of this section;
(b)
Proof of liability insurance that satisfies Subsection
C(5) of this section;
(c)
Certification of height approval from the FAA;
(d)
A statement that satisfies Subsection
C(10)(d), listing existing and maximum projected sound levels from the wind energy facility.
(10)
Landscape plan. A plan indicating all proposed changes to the
landscape of the site, including temporary or permanent roads or driveways,
grading, vegetation clearing and planting, exterior lighting, other
than FAA lights, screening vegetation or structures. Lighting shall
be designed to minimize glare on abutting properties and except as
required by the FAA be directed downward with full cutoff fixtures
to reduce light pollution.
F. Requirements for building-integrated wind energy facility.
(1)
Special permit granting authority. No building-integrated wind
energy facility shall be erected, constructed, installed or modified
as provided in this section without first obtaining a permit from
the Planning Board. The construction of a building-integrated wind
energy facility shall be permitted, subject to the issuance of a special
permit and provided that the use complies with all requirements set
forth in this section. All such wind energy facilities shall, where
economically feasible, be constructed and operated in a manner that
minimizes any adverse visual, safety, and environmental impacts.
(2)
Required supporting documentation for building-integrated wind
energy facilities. The special permit application submitted to the
Planning Board must, at a minimum, include:
(a)
Analysis and design documents, completed by a structural engineer
registered to practice in the Commonwealth of Massachusetts, demonstrating
that the proposed building is structurally sufficient to support the
permanent installation of the proposed building-integrated wind energy
facility. At a minimum, the analysis should address vibration, wind
load, and ice load.
(b)
Elevation drawings of the building with the building-integrated
wind energy facility installed, viewed from north, south, east, and
west.
(c)
Building schematic detailing point(s) of connection and associated
supports for the building integrated wind energy facility.
(d)
Schematic of attachment method for connecting the building-integrated
wind energy facility to the building.
(e)
Specification sheets for wind turbine and all related components
(inverters, controllers, disconnects, etc.).
(f)
One- or three-line electrical diagram detailing wind turbine,
associated components, and electrical interconnection and overcurrent
devices.
G. Independent consultants. Upon submission of an application for a
special permit, the Planning Board will be authorized to hire outside
consultants, pursuant to MGL c. 44, § 53G.
[Added 5-29-2012 ATM, Art. 19]
A. Purposes. The purpose of this section is to promote and regulate
the creation of new commercial ground-mounted solar photovoltaic installations
and to provide 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 be applied in a manner consistent
with the provisions of MGL c. 40A, § 3, and shall take precedence
over all other sections of the Zoning Bylaws when considering applications
related to the construction, operation, and/or repair of commercial
ground-mounted solar photovoltaic installations.
B. Applicability. This section applies to commercial 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 commercial solar power generation installations.
(1)
Exemptions.
(a)
Solar photovoltaic facility constructed, reconstructed, or renovated
for the primary purpose of generating power for use as part of a commercial
agriculture operation shall be considered a structure pursuant to
MGL c. 40A, § 3, and, therefore, shall be exempt from this
section.
(b)
Solar photovoltaic facilities that are otherwise exempt from
local zoning provisions under MGL c. 40A, § 3, shall be
exempt from this section.
(2)
Permit required. A special permit from the Planning Board shall
be required for commercial ground-mounted solar photovoltaic facilities.
(3)
A special permit for a solar photovoltaic facility shall be
granted unless the Planning Board finds, in writing, that there is
substantial evidence that:
(a)
The specific site is not an appropriate location for such use
due to the physical of topographic characteristics of the site or
the proximity of the proposed solar photovoltaic facilities to other
structures on or existing uses of the site or abutting parcels;
(b)
There would be a serious hazard to pedestrians or vehicles from
the proposed use;
(c)
A nuisance would be created by the proposed use; or
(d)
Adequate and appropriate facilities will not be provided for
the proper operation and maintenance of the proposed use.
(4)
Compliance with laws, bylaws and regulations. The construction
and operation of all commercial solar photovoltaic installations shall
comply with all applicable local, state and federal laws, statutes,
regulations, codes and policies, 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 applicable provisions of the
State Building Code.
(5)
Proof of liability insurance. The applicant shall be required
to provide evidence of liability insurance in an amount, and for duration,
sufficient, by determination of the Planning Board, to cover loss
or damage to persons and property occasioned by the failure of the
facility.
(6)
Site control. At the time of its application for a special permit,
the applicant shall submit documentation of actual or prospective
control of the project site sufficient to allow for installation and
use of the proposed facility. Documentation shall also include proof
of control over setback areas and access roads, if required. Control
shall mean the legal authority to prevent the use or construction
of any structure for human habitation within the setback areas.
(7)
Utility notification. No solar photovoltaic facility shall be
installed until evidence has been provided to the Planning Board that
the utility company has been informed of the customer's intent to
install an interconnected customer-owned generator. Off-grid systems
shall be exempt from this requirement.
(8)
Design standards.
(a)
Lighting. Lighting of solar photovoltaic installations shall
comply with local, state and federal law and regulations. Lighting
of other parts of the installation, such as appurtenant structures,
shall be sufficient for safety and operational purposes, and shall
be reasonably shielded from abutting properties. Where feasible, lighting
of the solar photovoltaic installation shall be directed downward
and shall incorporate full cutoff fixtures to reduce light pollution.
(b)
Signage. Signs on commercial ground-mounted solar photovoltaic
installations shall comply with the sign bylaw. A sign consistent
with the sign bylaw shall be required to identify the owner and provide
a twenty-four-hour emergency contact phone number.
(c)
Advertising. 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.
(d)
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 placed aboveground if required by the utility provider.
(e)
Appurtenant structures. All appurtenant structures to commercial
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. Whenever possible,
structures should be reasonably shaded from view by vegetation or
other buffers and/or joined or clustered to avoid adverse visual impacts.
(9)
Safety and environmental standards.
(a)
Emergency services. Upon approval of a special permit, the commercial
solar photovoltaic installation owner or operator shall provide a
copy of the project summary, electrical schematic, and site plan to
the Fire and Police Chiefs, Building Inspector and other emergency
response personnel. 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 contact
person to be accessible 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 commercial ground-mounted solar photovoltaic
installation or otherwise prescribed by applicable laws, regulations,
and bylaws.
(10)
Monitoring and maintenance.
(a)
Conditions. The commercial ground-mounted solar photovoltaic
installation owner or operator shall maintain the solar photovoltaic
facility in good condition at all times. Maintenance shall include,
but not be limited to, painting, structural repairs, removal of debris
and implementation of security measures. Site access shall be maintained
to a level acceptable to the Fire Chief and emergency medical services.
The owner or operator shall be responsible for the cost of maintaining
the solar photovoltaic facilities and any access road(s), unless said
roads have been accepted as public ways.
(b)
Modifications. All material modifications to a solar photovoltaic
installation made after issuance of a special permit shall require
approval by the Planning Board.
(11)
Abandonment or decommissioning.
(a)
Removal requirements. Any commercial ground-mounted solar photovoltaic installation that has reached the end of its useful life or has been abandoned consistent with Subsection
C(11)(b) of this section shall be removed. The owner or operator shall physically remove the installation and restore the property, as near as possible, to its pre-installation condition 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 decommissioning and provide detailed plans for removal, including protection of abutting properties, and restoration of the site, for review and approval by the Planning Board prior to the start of removal operations. Decommissioning shall consist of physical removal of all commercial ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site; disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; and stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(b)
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the solar photovoltaic
installation shall be considered abandoned if it fails to operate
for more than 12 continuous months without the written consent of
the Planning Board. If the owner or operator of the commercial ground-mounted
solar photovoltaic installation fails to remove the installation in
accordance with the requirements of this section within 150 days of
the issuance of a notice of abandonment by the Planning Board or the
owner/operator's proposed date of decommissioning, the Town may enter
the property and physically remove the installation. Any and all costs
or expenses incurred by the Town in this regard shall be the responsibility
of the owner/operator, and the Town reserves any and all rights and
recourse with respect to collection thereof.
(c)
Financial surety. Owners/operators of commercial ground-mounted
solar photovoltaic projects shall provide a form of surety, either
through escrow account, bond or other mechanism, satisfactory to the
Planning Board, to cover the cost of removal in the event the Town
must remove the installation and remediate the landscape, in an amount
and form approved by the Planning Board. Such surety will not be required
for municipally or state-owned facilities. The project proponent shall,
upon issuance of a special permit, submit a fully inclusive estimate
of the costs associated with removal, prepared by a qualified engineer.
The surety shall remain in effect for the life of the facility, and
shall include a mechanism for periodically adjusting removal costs
due to inflation and the amount of the surety to correspond to those
increasing costs.
(12)
Expiration. A permit issued pursuant to this section shall expire
if:
(a)
The solar photovoltaic facility is not installed and functioning
within 24-months from the date the permit is issued; or
(b)
The facility is abandoned.
(13)
Violations. It is unlawful for any person to construct, install,
or operate a solar photovoltaic facility that is not in compliance
with this section or with any condition contained in a permit issued
pursuant to this section.
D. Requirements for solar photovoltaic facilities.
(1)
Special permit. No solar photovoltaic facility over 100 kilowatts of rated nameplate capacity shall be erected, constructed, installed or modified as provided in this section without first obtaining a special permit from the Planning Board. The construction of a solar photovoltaic facility shall be permitted subject to the issuance of a special permit and provided that the use complies with all requirements set forth in this §
123-23.6. All such solar photovoltaic facilities shall be constructed and operated in a manner that minimizes adverse visual, safety, and environmental impacts. No special permit shall be issued for a solar photovoltaic facility for any parcel that will result in more than 25% of the total land area of an Industrial District consisting of parcels that are the site of commercial ground-mounted solar photovoltaic installations.
[Amended 5-28-2019 ATM by Art. 28]
(2)
Setbacks.
(a)
Commercial solar photovoltaic facilities shall be set back a
minimum of 50 feet from the nearest property line and private or public
way.
(b)
The Planning Board may reduce the minimum setback distance as
appropriate based on site-specific considerations, if the project
satisfies all other criteria for the granting of a special permit
under the provisions of this section.
(3)
Required supporting documentation. The applicant shall provide
the special Planning Board with a description of the proposed project,
which shall include:
(a)
General. All plans and maps shall be prepared, stamped and signed
by a professional engineer licensed to practice in Massachusetts.
Included in the application shall be:
[1] Name, address, phone number and signature of the
applicant, as well as all co-applicants or property owners, if any;
[2] The name, contact information and signature of
any agents representing the applicant;
[3] Name, address, and contact information of proposed
facility installer; and
[4] Documentation of the legal right to access and
use the proposed solar photovoltaic facility site.
(b)
Property lines and physical features, including roads, for the
project site;
(c)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, roadways or driveways, exterior lighting, screening
vegetation or structures;
(d)
Blueprints or drawings of the solar photovoltaic installation
showing the proposed layout of the system and any potential shading
from nearby trees or structures;
(e)
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;
(f)
Documentation of the major system components to be used, including
the PV panels, mounting system, and inverter;
(g)
A site plan in compliance with the provisions of §
123-2C(2) through
(5);
(h)
The project proponent shall submit a plan for the operation
and maintenance of the commercial 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.
(i)
A list of potential dangers that may result from construction,
operation and removal of the facility.
(4)
Compliance documents. The applicant will provide with the application:
(a)
Description of financial surety that satisfies Subsection
C(11)(c) of this section;
(b)
Description of liability insurance that satisfies Subsection
C(5) of this section;
E. Independent consultants. Upon submission of an application for a
special permit, the Planning Board shall be authorized to retain outside
consultants, pursuant to MGL c. 44, § 53G, and require that
the permit applicant deposit a reasonable fee for such services.
[Added by 5-27-2014 ATM, Art. 25; amended 5-28-2019 ATM by Art. 27]
A. Purpose. This section regulates marijuana establishments and marijuana retailers for the following purposes as defined in §
123-24 (Definitions):
(1)
To provide for marijuana establishments and marijuana retailers
in appropriate places and under strict conditions in accordance with
Chapter 369 of the Acts of 2012 and Chapter 55 of the Acts of 2017.
(2)
To minimize the adverse impacts of marijuana establishments
and marijuana retailers on adjacent properties, residential neighborhoods,
schools, parks and other places where children congregate, local historic
districts, and other land uses potentially incompatible with said
facilities.
(3)
To regulate the siting, design, placement, security, safety,
monitoring, modification, and removal of marijuana establishments
and marijuana retailers, but shall not supersede the requirements
of any host community agreement.
B. Applicability.
(1)
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 or marijuana retailer under this §
123-23.7.
(2)
No marijuana establishment or marijuana retailer shall be established except in compliance with the provisions of this §
123-23.7.
(3)
Nothing in this bylaw shall be construed to supersede federal
and state laws governing the sale and distribution of narcotic drugs.
(4)
If any provision of this section or the application of any such
provision to any person or circumstance shall be 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. Eligible locations for marijuana establishments and marijuana retailers.
(1)
Marijuana establishments may be allowed by special permit from the Blackstone Planning Board in the Industrial Zoning District provided the facility meets the requirements of this §
123-23.7.
(2)
Marijuana retailers may be allowed by special permit from the
Blackstone Planning Board in the Commercial or Industrial Zoning Districts.
(3)
Marijuana retailers may also be allowed in an R-1 or R-2 District
by special permit from the Blackstone Planning Board, but only for
sites that abut a Commercial or Industrial District and that have
previously been used for commercial purposes.
D. General requirements and conditions for all marijuana establishments
and marijuana retailers.
(1)
A medical marijuana facility shall not be located in buildings
that contain any medical doctor's offices or the offices of any
other professional practitioner authorized to prescribe the use of
medical marijuana.
(2)
No marijuana establishments and marijuana retailers shall be
located within 500 feet of a public or private school or within 200
feet of a library, church, child-care facility, park or playground.
Distances shall be measured from the property line of the proposed
use or from a line 100 feet from the building in which the use is
located, whichever is less.
(3)
No marijuana establishment and marijuana retailers shall be
located inside buildings containing residential units, including transient
housing such as motels and dormitories, or inside a movable or mobile
structure such as a van or truck.
(4)
Signage for the medical marijuana facility shall include the
following language: "Registration card issued by the Massachusetts
Cannabis Control Commission required." The required text shall be
a minimum of two inches in height.
(5)
Marijuana establishments and marijuana retailers shall provide
the Blackstone Police Department, Building Inspector and the special
permit granting authority with the names, phone numbers and email
addresses of all management staff and key holders to whom one can
provide notice if there are operating problems associated with the
establishment.
E. Special permit requirements.
(1)
Marijuana establishments and marijuana retailers shall only
be allowed by special permit from the Blackstone Planning Board in
accordance with MGL c. 40A, § 9, subject to the following
statements, regulations, requirements, conditions and limitations.
(2)
The proposed marijuana establishment or marijuana retailer shall meet the special permit criteria of §
123-4.
(3)
In addition to the application requirements set forth in Subsections
D and
E of this bylaw, a special permit application for a marijuana establishment or marijuana retailer shall include the following:
(a)
The name and address of each owner of the facility;
(b)
The following information may be provided in the form of copies
of the applicant's submittal to the Cannabis Control Commission
for authorization to operate the proposed facility:
[1] Evidence of the applicant's right to use the
site of the marijuana establishment or marijuana retailer, such as
a deed or lease;
[2] 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;
[3] A certified list all parties in interest entitled
to notice of the hearing for the special permit application, taken
from the most recent tax list of the Town and certified by the Town
Assessor;
[4] Proposed security measures for the marijuana establishment
or marijuana retailer, including lighting, fencing, gates and alarms,
etc., to ensure the safety of persons and to protect the premises
from theft.
(c)
For marijuana cultivation or grow facilities, the following
additional requirements shall apply:
[1] Proposed odor mitigation plan, including floor
plans indicating locations of odor mitigation equipment. Odor mitigation
equipment shall be state-of-the-art equipment to the maximum extent
practicable. Such odor mitigation plan shall be subject to peer review
by a qualified marijuana odor mitigation consultant.
[2] Proposed noise mitigation plan for mechanical equipment.
Noise mitigation facilities shall be state-of-the-art to maximum extent
practicable. The plan must document compliance with Massachusetts
Department of Environmental Protection standards for noise.
(4)
Mandatory findings. The special permit authority shall not issue
a special permit for a marijuana establishment or marijuana retailer
unless it finds that:
(a)
The facility 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 facility demonstrates how it plans to meet all the permitting
requirements of all applicable agencies within the Commonwealth of
Massachusetts; and
(c)
The applicant has satisfied all of the conditions and requirements of Subsections
D and
E herein.
(5)
Annual reporting. Each marijuana establishment or marijuana
retailer permitted under this bylaw shall as a condition of its special
permit file an annual report to and appear before the special permit
granting authority and the Town Clerk no later than January 31, providing
a copy of all current applicable state licenses for the facility and/or
its owners and demonstrate continued compliance with the conditions
of the special permit.
(6)
A special permit granted under this section shall have a term limited to the duration of the applicant's ownership or tenancy of the premises as a marijuana establishment or marijuana retailer. A special permit may be transferred only with the approval of the special permit granting authority in the form of an amendment to the special permit with all information required in this §
123-23.7.
(7)
The Board shall require the applicant to post a bond at the
time of construction to cover costs for the removal of the marijuana
establishment or marijuana retailer in the event the Town must remove
the facility. Documentation of a bond posted with the Cannabis Control
Commission shall satisfy this requirement.
F. Abandonment or discontinuance of use.
(1)
A special permit shall lapse if not exercised within one year
of issuance.
(2)
A marijuana establishment or marijuana retailer shall be required
to remove all material, plants equipment and other paraphernalia:
(a)
Prior to surrendering its state-issued licenses or permits;
or
(b)
Within six months of ceasing operations, whichever comes first.