Except as provided by the Zoning Act or in this chapter, in
each district no building, structure or land shall be used or occupied
except for the purposes permitted in the district as prescribed in
this article. Any use not listed shall be construed to be prohibited.
In the following Table of Use Regulations, the uses permitted by right in the district shall be designated by the letter P. Those uses that may be permitted by special permit in the district, in accordance with § 173-47, shall be designated by the letter S. Uses designated "-" shall not be permitted in the district.
Uses permitted by right or by special permit shall be subject,
in addition to use regulations, to all other provisions of this chapter.
[Amended 5-13-1980 ATM, Art. 39]
In the Table of Use Regulations, the uses permitted by right in the district shall be designated by the letter P. Those uses that may be permitted by special permit in the district, in accordance with § 173-47, shall be designated by the letter S. Uses designated "-" shall not be permitted in the district.[2]
[1]
Editor's Note: The Table of Area Regulations is included at the end of this chapter.
[2]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
The following uses are hereby specifically declared to be customary
home occupations within the meaning of this chapter:
A.
The use of a room or any area in a dwelling or in a subordinate building
thereto as an office, studio or workshop, provided that:
(1)
No stock-in-trade is regularly maintained for display or sale.
(2)
No offensive noise, vibration, smoke, dust, odor, heat or glare is
produced.
(3)
There is no exterior display and no exterior sign (except as hereinafter
permitted in this chapter).
(4)
There is no exterior storage of material or equipment, including
the exterior parking of commercial vehicles, and no other exterior
indication of such use or variation from the residential character
of the premises.
B.
Private greenhouses, toolshed, playhouse or other similar structure
for domestic storage or use.
C.
The keeping of animals, principally for personal enjoyment or household
use.
D.
Private garage for not more than three vehicles, one of which may
be a commercial vehicle if not exceeding 2 1/2 tons in load capacity.
No person shall suffer or permit two or more unregistered motor
vehicles or parts thereof to remain on his premises, and no person
shall suffer or permit any unregistered or disabled motor vehicle
or parts thereof to remain within 75 feet of any public way, unless
a written permit is issued therefor by the Board of Selectmen. Said
permit shall not be required for vehicles or parts thereof stored
or garaged inside of buildings.
A.
Trailer camps or parks shall not be permitted in any zoning district.
B.
Utility trailers and trailers used primarily for recreational purposes
may be parked in any zoning district.
C.
A trailer may be lived in for a period of no more than four months
in any residential district, provided that a special permit has been
issued by the Board of Selectmen. In such cases, such trailer shall
be subject to the same requirements as for a one-family detached dwelling
for the zoning district in which it is located.
D.
The Building Inspector may grant a temporary permit for the use of
a trailer or trailers for business use in connection with a construction
project.
E.
The owner and occupier of a residence which has been destroyed by
fire or other natural holocaust may place a mobile home on the site
of such residence, and said owner or occupier may reside in such mobile
home for a period of time not to exceed 12 months while the residence
is being rebuilt. Any such mobile home shall be subject to the provisions
of the State Sanitary Code.
[Amended 1-25-1992 STM, Art. 1; 6-11-2002 ATM, Art. 23; 10-23-2007 ATM, Art. 13]
Uses permitted in Industrial One (I-1) District and Limited
Industrial District I-2 include:
A.
Office for administrative, executive, professional, sales and other
similar use.
B.
Laboratory for scientific, agricultural or industrial research.
C.
Light industrial use, including manufacturing, storage, processing,
fabrication, packaging and assembly, provided that such activities
will not be offensive, injurious or noxious because of sewage and
refuse, vibration, smoke or gas, fumes, dust or dirt, odors, danger
of combustion or unsightliness.
D.
Printing or publishing establishments.
E.
Horse racing facility and all accessory uses incidental to a horse track, on a site containing at least 50 acres, provided that no accessory uses will be permitted on the site until a track is constructed for live horse racing; and further provided, however, that notwithstanding the provisions of the first sentence of § 173-49.1D(3)(c), the period for site plan review shall be 90 days.
F.
With a special permit, year-round greenhouse or stand for wholesale
or retail sale of agricultural or farm products.
G.
With a special permit, stores usually selling a combination of two
or more of the following: dry goods, apparel and accessories, furniture
and home furnishings, small wares, hardware and food.
H.
With a special permit, establishment primarily selling food and drink
for home preparation and consumption or on its premises.
I.
With a special permit, personal service establishments.
J.
With a special permit, motion picture establishment.
K.
With a special permit, miscellaneous business offices and services.
L.
With a special permit, hotels and motels.
M.
With a special permit from the Planning Board, planned business development.
[Added 6-26-1990 STM, Art. 1]
A.
In area(s) of the Town designated as Forest Products Overlay District(s),
the existing underlying zoning designation shall remain applicable
and any use permitted in the underlying zone shall continue to be
permitted on the terms and conditions provided for such uses in such
underlying district.
(1)
The boundaries of the Forest Products Overlay District (FPOD) are
shown on a map entitled Northbridge, Massachusetts Zoning Overlay
Districts prepared by CMRPC (Central Mass Regional Planning Commission)
dated October 2012.
[Added 10-23-2012 ATM,
Art. 15]
C.
Within the Forest Products Overlay District, cutting and packaging
of cord wood and wood products shall not be conducted within 300 feet
of any public or private street or within 300 feet of any dwelling
without the express written permission of the owner and only while
such permission remains in force. Cutting or packaging or warehousing
shall only be conducted as long as a visual barrier screens such activity
from streets and dwellings, and so long as noise generated by the
activity does not create a public nuisance.
D.
In the Forest Products Overlay District, the frontage, area and setback
requirements of the underlying district shall apply.
A.
General. In a Residential Six (R-6) District, the Board of Appeals may grant a special permit in accordance with Subsection G, Site plan review, hereafter, for the construction of a planned townhouse development subject to the provisions of this and other sections intended to encourage:
B.
PLANNED TOWNHOUSE DEVELOPMENT
Definitions. For the purposes of this section, the following terms
shall have the meanings indicated:
A subdivision to be developed as an entity by a landowner
with residential buildings comprising three or more dwelling units
and having an exterior entrance serving no more than two dwelling
units unless otherwise permitted by the Board of Appeals by special
permit. Each unit shall have a screened yard or balcony.
D.
Number of dwelling units permitted. The number of dwelling units
permitted in a planned townhouse development for which a special permit
is issued shall not exceed an average of eight dwelling units per
net buildable acre.
E.
Design requirements.
(1)
A minimum distance of 35 feet shall be maintained between any two
structures unless it can be shown that a reduction in that distance
will better serve the design.
(2)
A minimum of 30% of the total tract area or 2,000 square feet per
dwelling unit, whichever is greater, shall be set aside and not built
upon or paved, but shall be landscaped and/or left in its natural
state with an acceptable balance of trees, shrubs and grass.
(3)
A landscaped side or rear yard buffer area of at least 50 feet in
width shall be provided adjacent to each property line of the tract.
All buffer areas shall be planted or preserved in its natural state
with a mixture of coniferous and deciduous trees and shrubs and shall
be maintained so as to protect adjacent properties with a natural
visual barrier.
(4)
Each tract shall include organized recreational areas, such as for
tennis, play and swimming, easily accessible to building complexes,
of a size equal to 300 square feet per dwelling unit. Such areas shall
not be included in the buffer area.
(5)
All utilities shall be placed underground.
(6)
Open spaces provided in Subsection E(2) above shall be used for conservation, outdoor recreation or park purposes and shall be of a size and shape appropriate for its intended use as determined by the Board of Appeals. Such open space land shall be conveyed to and accepted by the Town of Northbridge or to all homeowners within such tract jointly or to a trust, the beneficiaries of which shall be the homeowners within such tract. Such trust shall have as one of its purposes the maintenance of such land for conservation, recreation or park purposes. The future ownership of such unsubdivided land, which may differ from parcel to parcel, shall be specified by the Board of Appeals as a condition of the special permit.
F.
Parking requirements. Two paved, off-street parking spaces shall
be provided for each dwelling unit. Each parking area shall be conveniently
located to those dwelling units for which they are intended but shall
not be located within the designated buffer area.
G.
Site plan review.
(1)
General. The application for a special permit for a planned townhouse
development shall be accompanied by a site plan, a copy of which shall
also be submitted to the Planning Board. Such plan for a planned townhouse
development shall show the following;
(2)
Report by Planning Board. The Planning Board shall submit, in writing,
to the Board of Appeals its report and recommendations as to said
application for special permit, to include at least the following:
(a)
A general description of the tract in question and surrounding
areas.
(b)
An evaluation of the appropriateness of the proposed development
and the extent to which the objectives of planned townhouse development
are accomplished.
(c)
Recommendations for the granting or denial of the special permit,
including recommendations for modifications, restrictions or requirements
to be imposed as a condition of granting the special permit.
(3)
Action by Board of Appeals.
(a)
The Board of Appeals shall not take any action on a petition
for a special permit for a planned townhouse development until a public
hearing is held in accordance with MGL C. 40A, §§ 9
and 11, and until the Planning Board shall have submitted its written
recommendations to the Board of Appeals or 35 days shall have elapsed
from the date of submission of the site plan and application for a
special permit to the Planning Board. In determining whether to grant
a special permit for a proposed townhouse development which meets
the minimum standards stated herein, the Board of Appeals shall consider:
[1]
The report and recommendation of the Planning Board.
[2]
The general objectives of planned townhouse development.
[3]
The existing and probable future development of surrounding
areas.
[4]
The appropriateness of the proposed development in relation
to the topography, soils and other characteristics of the tract in
question.
(b)
Where its decision differs from the recommendations of the Planning
Board, the Board of Appeals shall state in its decision the reasons
therefor.
(4)
Relationship to other Town regulations. Nothing contained herein
shall in any way exempt a proposed subdivision from compliance with
the rules and regulations of the Planning Board, nor shall it in any
way affect the right of the Board of Health and of the Planning Board
to approve, with or without conditions and modifications, or disapprove
a subdivision plan in accordance with the provisions of such rules
and regulations and of the Subdivision Control Law.[1]
(5)
Conditions of approval. The Planning Board shall not recommend and
the Board of Appeals shall not grant a special permit for a planned
townhouse development if it appears that because of soil, drainage,
traffic or other conditions the granting of such permit would be detrimental
to the neighborhood or to the Town or inconsistent with the purposes
of planned townhouse. In granting a special permit, the Board of Appeals
shall impose such additional conditions and safeguards as public safety,
welfare and convenience may require, either as recommended by the
Planning Board or upon its own initiative.
[Added 5-10-1983 ATM, Art. 10[1]; amended 9-22-1987 STM, Art. 11; 10-28-1997 ATM, Art. 21; 11-13-2001 ATM, Art. 12; 5-3-2011 ATM, Art. 23; 10-23-2012 ATM, Art. 15; 10-26-2021 ATM by Art.
6]
A.
Purpose. The purposes of the Floodway and Floodplain Overlay District
are to: a) ensure public safety through reducing the threats to life
and personal injury; b) eliminate new hazards to emergency response
officials; c) prevent the occurrence of public emergencies resulting
from water quality, contamination, and pollution resulting from flooding;
d) avoid the loss of utility services which if damaged by flooding
would disrupt or shut down the utility network and impact regions
of the community beyond the site of flooding; e) eliminate costs associated
with the response and cleanup of flooding conditions; and f) reduce
damage to public and private property resulting from flooding waters.
B.
District delineation.
(1)
The Floodway and Floodplain Overlay District is herein established
as an overlay district. The District includes all special flood hazard
areas within the Town of Northbridge designated as Zone A, AE, AH,
AO, or A99 on the Worcester County Flood Insurance Rate Map (FIRM)
dated July 16, 2014, issued by the Federal Emergency Management Agency
(FEMA) for the administration of the National Flood Insurance Program.
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
Worcester County Flood Insurance Study (FIS) report dated July 16,
2014. The FIRM and FIS report are incorporated herein by reference
and are on file with the Town Clerk, Planning Board, Inspector of
Buildings, Conservation Commission and Board of Assessors.
(2)
The boundaries of the Floodway and Floodplain Overlay District are
shown on map entitled "Town of Northbridge, Massachusetts Floodway
& Floodplain Overlay Districts" prepared by CMRPC Central Massachusetts
Regional Planning Commission dated October 26, 2021.
(3)
Floodplain management regulations found in this section shall take
precedence over any less restrictive conflicting local laws, provisions,
or codes.
C.
General information.
D.
Designation of Floodplain Administrator. Northbridge hereby designates
the position of Inspector of Buildings to be the official Floodplain
Administrator for the Town of Northbridge. The Floodplain Administrator
may adopt regulations and standard forms for the purpose of administering
and implementing this section.
E.
Requirement to submit new technical data. If the Town acquires data
that changes the base flood elevations 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). Notification shall be submitted to: FEMA Region
1 Risk Analysis Branch Chief, 99 High Street, 6th Floor, Boston, MA
02110 and copy of notification to: Massachusetts NFIP State Coordinator,
MA Department of Conservation & Recreation, 251 Causeway Street,
Boston, MA 02114.
F.
Variances to Building Code floodplain standards.
(1)
If the state issues variances to the flood-resistant standards as
found in the State Building Code:
(a)
The Town of Northbridge 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 Town's files.
(b)
The Town shall also issue a letter to the property owner(s)
regarding potential impacts to the annual premiums for the flood insurance
policy covering that property, in writing over the signature of a
Town official that i) 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 ii) 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 Floodway and
Floodplain Overlay District.
G.
Variances from the Northbridge Zoning Bylaw related to community
compliance with the National Flood Insurance Program (NFIP). An application
for a variance from the requirements of the Floodway and Floodplain
Overlay District must meet the requirements set out by state law and
may only be granted if: good and sufficient cause and exceptional
non-financial hardship exist; the variance will not result in additional
threats to public safety, extraordinary public expense, or fraud or
victimization of the public; and the variance is the minimum action
necessary to afford relief.
H.
General provisions.
(1)
Permits required for all proposed development in the Floodway and
Floodplain Overlay District.
(a)
The Town of Northbridge shall require a permit for all proposed construction or other development in the Floodway and Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities (consistent with and to the extent permitted by MGL c. 40A, § 3), fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.
(b)
Assure that all necessary permits are obtained.
[1]
The Town's permit review process includes the requirement that
the proponent obtain all local, state, and federal permits that will
be necessary in order to carry out the proposed development in the
Floodway and Floodplain Overlay District. The proponent must acquire
all necessary permits and must submit to the Floodplain Administrator
a list demonstrating that all necessary permits have been acquired.
(2)
Subdivision proposals.
(a)
All subdivision proposals and development proposals for property
in the Floodway and Floodplain Overlay District shall be reviewed
to assure that: such proposals minimize flood damage; public utilities
and facilities are located and constructed so as to minimize flood
damage; and adequate drainage is provided.
(b)
When proposing subdivisions or other developments greater than
50 lots or five acres (whichever is less), the proponent must provide
technical data to establish base flood elevations for each developable
parcel shown on the design plans.
(3)
Unnumbered A Zones and Floodway encroachment.
(a)
In A Zones, in the absence of FEMA base flood elevation 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 to comply with one or more of the following: elevating residential
structures to or above base flood level; floodproofing or elevating
nonresidential structures to or above base flood level; and prohibiting
encroachments in floodways.
(b)
In Zones A, A1-30, 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. In
Zones A1-30 and AE, along watercourses that have a regulatory floodway
designated on the Town's FIRM, encroachments in the regulatory floodway
which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge are prohibited.
(4)
Watercourse alteration or relocations in riverine areas.
(a)
In a riverine situation, the Conservation Commission shall notify
the following of any alteration or relocation of a watercourse: 1)
adjacent communities, especially upstream and downstream; 2) bordering
states, if affected; 3) NFIP State Coordinator: Massachusetts Department
of Conservation and Recreation, 251 Causeway Street, 8th floor Boston,
MA 02114; NFIP Program Specialist: Federal Emergency Management Agency,
Region I, 99 High Street, 6th Floor, Boston, MA 02110.
(5)
AO and AH zones drainage requirements.
(a)
Within Zones AO and AH on the FIRM, adequate drainage paths
must be provided around structures on slopes, to guide floodwaters
around and away from proposed structures.
(6)
Recreational vehicles.
(a)
In A1-30, AH, and AE 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.
I.
Floodway use regulations.
(1)
Except by special permit of the Zoning Board of Appeals, only the
following uses of low flood damage potential and causing no obstructions
to flood flows shall be allowed, provided that they do not require
structures, fill or storage of materials or equipment:
(a)
Agricultural uses such as farming, grazing, truck farming, horticulture
and forestry and nursery uses;
(b)
Outdoor recreational uses, including fishing, boating and play
areas, etc.;
(c)
Conservation of water, plants, and wildlife; wildlife management;
and foot-, bicycle or horse paths;
(d)
Temporary nonresidential structures used in connection with
fishing or with growing, harvesting or storage of crops raised on
the premises;
(e)
Buildings lawfully existing prior to May 10, 1983; and
(f)
In Zone AE, along watercourses that have a regulatory floodway
designated on the Northbridge 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.
J.
Floodway and Floodplain Overlay District use regulations.
(1)
The Floodway and Floodplain Overlay 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 requirements of the following:
(a)
Massachusetts State Building Code provisions addressing floodplain
areas;
(b)
Wetland Protection Regulations, Department of Environmental
Protection (DEP);
(c)
Inland Wetlands Restriction, DEP; and
(d)
Minimum requirements for the subsurface disposal of sanitary
sewage, DEP.
|
Any variation 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.
|
(2)
No structure or building shall be erected, constructed substantially
improved or otherwise created or moved and no earth or other materials
shall be dumped, filled, excavated, or transferred unless a special
permit is granted by the Zoning Board of Appeals. Said Board may issue
a special permit hereunder, subject to other applicable provisions
of this section if the application is in compliance with the following
provisions:
(a)
Proposed use shall comply in all respects with the zoning provisions
of the underlying district.
(b)
All encroachments, including fill, new construction, substantial
improvements to existing structures and other development, are prohibited
unless certification by a registered professional engineer is provided
by the applicant demonstrating that such encroachment shall not result
in any increase in flood levels during the occurrence of the one-hundred-year
flood.
(c)
Within 10 days of receipt of the application, the Zoning Board
of Appeals shall transmit a copy of the development plan (application)
to the Conservation Commission, Planning Board, Board of Health, Town
Engineer, Inspector of Buildings, and the Board of Selectmen. Final
action shall not be taken until reports have been received from the
above boards and officials or until 35 days have elapsed.
(d)
In granting a special permit, the Zoning Board of Appeals may
specify such additional requirements and conditions as it finds necessary
to protect the health, safety and welfare of the public and the occupants
of the proposed use or take any other action relating thereto.
(3)
New construction and improvements.
K.
DEVELOPMENT
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
NEW CONSTRUCTION
RECREATIONAL VEHICLE
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
ZONE A
ZONE A1-30 AND ZONE AE
ZONE A99
ZONE AH
ZONE AO
Definitions.
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]
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 - 2015 International Building Code, Chapter 2, Section 202]
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 ship building 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]
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]
Any structure that is: a) listed individually in the National
Register of Historic Places (a listing maintained by the Department
of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register; b) 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; c)
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 d) individually listed on a local inventory
of historic places in communities with historic preservation programs
that have been certified either: 1) By an approved state program as
determined by the Secretary of the Interior or 2) Directly by the
Secretary of the Interior in states without approved programs. [US
Code of Federal Regulations, Title 44, Part 59]
Structures for which the start of construction commenced
on or after the effective date of the Town's first Floodway and Floodplain
District Bylaw, including any subsequent improvements to such structures.
New construction includes work determined to be substantial improvement.
[Referenced Standard ASCE 24-14]
A vehicle which is: a) built on a single chassis; b) 400
square feet or less when measured at the largest horizontal projection;
c) designed to be self-propelled or permanently towable by a light
duty truck; and d) 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]
See FLOODWAY.
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 - 2015 International Building Code, Chapter 2, Section 202]
The date of issuance of a building permit 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. 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 - 2015 International Building Code, Chapter 2, Section 202]
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home. [US Code of Federal Regulations,
Title 44, Part 59]
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 9th Edition of
Massachusetts State Building Code]
A grant of relief by a community from the terms of a floodplain
management regulation. [US Code of Federal Regulations, Title 44,
Part 59]
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
U.S. Code of Federal Regulations, Title 44, Part 60, § 60.3(b)(5),
(c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to
be in violation until such time as that documentation is provided.
[US Code of Federal Regulations, Title 44, Part 59]
An area of special flood hazard without water surface elevations
determined.
Area of special flood hazard with water surface elevations
determined.
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.)
Areas of special flood hazards having shallow water depths
and/or unpredictable flow paths between (1) and (3) feet, and with
water surface elevations determined.
Area of special flood hazards having shallow water depths
and/or unpredictable flow paths between (1) and (3) feet (Velocity
flow may be evident; such flooding is characterized by ponding or
sheet flow.)
[1]
Editor's Note: Prior ordinance history includes 9-22-1977 STM, Art.
11.
[Added 5-2-1989 STM, Art. 23]
For the purpose of creating reasonable use of backland for residential
uses, there may be established so-called retreat lots, pork chop lots
or hammer head lots, the building upon which may be authorized by
the issuance of a special permit by the Zoning Board of Appeals as
special permit granting authority, subject to the following requirements:
A.
Said lot shall be entirely within a residential zoning district (R-1,
R-2, R-3, R-4, R-5).
B.
Said lot has a minimum street frontage of not less than 40 feet and
a width of not less than 40 feet at all points between the street
and the nearest part of the principal building.
C.
The area of said lot is to be at least twice the minimum lot size
allowed in R-1 and R-2, three times the minimum in R-3, four times
the minimum in R-4 and five times the minimum in R-5.
D.
The minimum lot width at the building line equals or exceeds the
required street frontage distance.
E.
Said lot shall otherwise be in compliance with all requirements of
the Zoning Chapter applicable to the zoning district in which said
lot is located.
F.
Said lot shall not have contiguous frontage with any other lot which
has been granted a special permit pursuant to this section.
G.
At the time the application for a special permit is submitted, all
other lots contiguous to said lot shall conform to the requirements
of the zoning district in which it is located.
H.
Said lot shall not be further subdivided.
I.
The access of said lot shall be within the boundary lines of the
lot and shall not be subject to any right-of-way nor any public or
private easement.
J.
No permit shall be issued, pursuant to this chapter, unless said
lot is situated on a public way accepted by the Town of Northbridge.
K.
Said lot shall be in harmony with the general purpose and intent
of the Zoning Chapter.
[Added 1-23-1996 STM, Art. 17]
Site design, materials and construction processes shall be designed
to avoid erosion damage, sedimentation or uncontrolled surface water
runoff by conformance with the following:
A.
Grading or construction which will result in final slopes of 15%
or greater on 50% or more of lot area or on 30,000 square feet or
more on a single lot, even if less than half the lot area, shall be
allowed only under special permit from the Planning Board, which shall
be granted only upon demonstration that adequate provisions have been
made to protect against erosion, soil instability, uncontrolled surface
water runoff or other environmental degradation. Applications and
plans for such special permits shall be referred to the Conservation
Commission for its advisory review.
B.
All slopes exceeding 15% which result from site grading or construction
activities shall either be covered with topsoil to a depth of four
inches and planted with vegetative cover sufficient to prevent erosion
or be retained by a wall constructed of masonry, reinforced concrete
or treated pile or timber.
C.
No area or areas totaling two acres or more on any parcel or contiguous
parcels in the same ownership shall have existing vegetation clear-stripped
or be filled six inches or more so as to destroy existing vegetation
unless in conjunction with agricultural activity, or unless necessarily
incidental to construction on the premises under a currently valid
building permit, or unless within streets which are either public
or designated on an approved subdivision plan, or unless a special
permit is approved by the Planning Board on condition that runoff
will be controlled, erosion avoided and either a constructed surface
or cover vegetation will be provided not later than the first full
spring season immediately following completion of the stripping operation.
No stripped area or areas which are allowed by special permit shall
remain through the winter without a temporary cover of winter rye
or similar plant material being provided for soil control, except
in the case of agricultural activity where such temporary cover would
be infeasible.
D.
The Building Inspector shall require the submission of information
from the building permit applicant, in addition to that otherwise
specified herein, necessary to ensure compliance with these requirements,
including, if necessary, elevations of the subject property, description
of vegetative cover and the nature of impoundment basins proposed,
if any.
F.
Hillside areas, except naturally occurring ledge or bedrock outcropping
or ledge cuts, shall be retained with vegetation cover as follows:
|
Average Slope
|
Minimum Land to Remain in Vegetation
| ||
|---|---|---|---|
|
10.0% - 14.9%
|
25%
| ||
|
15.0% - 19.9%
|
40%
| ||
|
20.0% - 24.9%
|
55%
| ||
|
25.0% - 29.9%
|
70%
| ||
|
30.0% and above
|
85%
|
[Added 10-28-1997 ATM, Art. 19]
A.
Authority and purpose.
(1)
This section is enacted pursuant to MGL C. 40A and pursuant
to the town's authority under the Home Rule Amendment to the Massachusetts
Constitution to serve the compelling Town interests of limiting location
of and preventing the clustering and concentration of certain adult
entertainment uses, as defined and designated herein, in response
to studies demonstrating their deleterious effects.
(2)
It is the purpose of this Adult Entertainment Bylaw to address
and mitigate the secondary effects of the adult entertainment establishments
and sexually oriented business that are referenced and defined herein.
Secondary effects have been shown to include increased crime, adverse
impacts on public health, adverse impacts on the business climate,
adverse impacts on the property values of residential and commercial
property and adverse impacts on the quality of life. All of said secondary
impacts are adverse to the health, safety and general welfare of the
Town of Northbridge and its inhabitants.
(3)
The provisions of the this bylaw have neither the purpose nor
intent of imposing a limitation on the content of any communicative
matters of materials, including sexually oriented matter or materials.
Similarly, it is not the purpose or intent of this bylaw to restrict
or deny access by adults to adult entertainment establishments or
to sexually oriented matter or materials that are protected by the
Constitution of the United States or the Commonwealth of Massachusetts,
nor to restrict or deny rights to distribute or exhibit such matter
or materials. Neither is it the purpose or intent of this bylaw to
legalize the sale, rental, distribution or exhibition of obscene or
other illegal matter or materials.
B.
ADULT BOOKSTORE
ADULT MOTION PICTURE THEATERS
ADULT PARAPHERNALIA STORE
ADULT VIDEO STORE
ESTABLISHMENTS WHICH DISPLAY LIVE NUDITY
Definitions.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other matter which is distinguished
or characterized by its emphasis depicting, describing or relating
to sexual conduct or sexual excitement as defined in MGL C. 272, § 31.
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing or relating to sexual
conduct or sexual excitement as defined by MGL C. 272, § 31.
An establishment having as a substantial or significant portion
of its stock devices, objects, tools or toys which are distinguished
or characterized by their emphasis depicting, describing or relating
to sexual conduct or sexual excitement as defined in MGL C. 272, § 31.
An establishment having a substantial or significant portion
of its stock-in-trade videos, movies or other film, material which
is distinguished or characterized by its emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in said
MGL C. 272, § 31.
Any establishment which provides live entertainment for its
patrons, which include the display of nudity as defined in MGL C.
272, § 31.
C.
Rules and application requirements. Adult entertainment uses shall
be prohibited in all zoning districts except the Industrial-Two Zone
(I-2) and may be permitted only upon the grant of a special permit
by the Zoning Board of Appeals. Such a special permit shall not be
granted unless each of the following standards has been met:
(1)
The application for a special permit for an adult use shall
provide the name and address of the legal owner of the establishment,
the legal owner of the property and the manager of the proposed establishment.
(2)
No adult entertainment use special permit shall be issued to
any person convicted of violating the provisions of MGL C. 119, § 63,
or MGL C. 272, § 28.
(3)
Dimensional requirements.
(a)
Any such proposed use shall be located:
[1]
A minimum of 200 feet from the nearest residential
district designated by the Northbridge Zoning Bylaws;
[2]
A minimum of 2,000 feet from any public school,
public library, day-care facility or religious facility;
[3]
A minimum of 1,000 feet from any public playground,
park or recreational area, youth center;
[4]
A minimum of 4,000 feet from any other adult use;
[5]
A minimum of 2,000 feet from the nearest establishment
licensed under MGL C. 138, § 12.
(b)
The distances specified above shall be measured by a straight
line from the nearest property line of the premises on which the proposed
adult entertainment use is to be located to the nearest boundary line
of a residential zoning district or to the nearest property line of
any of the other designated uses set forth above.
(4)
All building openings, entries and windows shall be screened
in such a manner to prevent visual access to the interior of the establishment
by the public.
(5)
No adult entertainment use shall be allowed to display for advertisement
or other purpose any signs, placards or other materials to the general
public on the exterior of the building or on the interior where the
same may be seen through glass or other like transparent material
any sexually explicit figures or words defined in MGL C. 272, § 31.
(6)
No adult entertainment use shall be allowed to disseminate or
offer to disseminate adult entertainment matter or paraphernalia,
as described in Subsection B., Definitions, to minors or suffer minors
to view displays or linger on the premises.
(7)
Compliance with the off-street parking requirements set forth
in the Northbridge Zoning Bylaws.
(8)
No adult entertainment use shall have any flashing lights visible
from the establishment.
(9)
No adult entertainment use shall have a freestanding accessory
sign.
(10)
No adult entertainment use shall be established prior to submission
and approval of a site plan by the Zoning Board of Appeals. The site
plan shall depict all existing and proposed buildings, parking spaces,
driveways, service areas and other open uses. The site plan shall
show the distances between the proposed adult entertainment use and
the boundary of the nearest residential zoning district and the property
line of each of the uses set forth in Subsection (C)3 above.
D.
Conditions. The special permit granting authority may impose reasonable
conditions, safeguards and limitations on a special permit granted.
E.
Expiration. A special permit to conduct an adult entertainment use
shall expire after a period of two calendar years from its date of
issuance and shall be automatically renewable for successive two-year
periods thereafter, provided that a written request for such renewal
is made to the special permit granting authority prior to said expiration
and that no objection to said renewal is made and sustained by the
special permit granting authority based upon the public safety factors
applied at the time that the original special permit was granted.
F.
Severability. The provisions of this section are severable and, in
the event that any provision of this section is determined to be invalid
for any reason, the remaining provisions shall remain in full force
and effect.
[Added 5-7-2013 ATM,
Art. 21; amended 5-6-2014 ATM,
Art. 18]
A.
Purpose.
(1)
To provide for the placement of registered marijuana dispensaries
RMDs, in accordance with the Humanitarian Medical Use of Marijuana
Act, MGL c. 94C, App. § 1-1 et seq., in locations suitable
for lawful medical marijuana facilities and to minimize adverse impacts
of RMDs on adjacent properties, residential neighborhoods, historic
districts, schools, playgrounds and other locations where minors congregate
by regulating the siting, design, placement and security of RMDs within
the Town of Northridge.
B.
Definitions.
(1)
REGISTERED MARIJUANA DISPENSARY
Where not expressly defined in the Zoning Bylaw, terms used
in this section shall be interpreted as defined in the Humanitarian
Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1 et
seq., and the Department of Public Health Regulations promulgated
thereunder, 105 CMR 725.001 et seq., and otherwise by their plain
language.
Also known as a medical marijuana treatment center, means
a not-for-profit entity registered under 105 CMR 725.100, 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.
C.
Location.
(1)
RMDs may be permitted by special permit within the Industrial-Two
(I-2) Zoning District of the Town of Northbridge.
(2)
RMDs may not be located within 500 feet of the following:
(3)
The distance under this section is measured in a straight line from the nearest point of the property line of the protected uses identified in Subsection C(2) to the nearest point of the property line of the proposed RMD.
(4)
The distance requirement may be reduced by 25% or less, but
only if:
(5)
RMDs shall have a minimum lot size of 40,000 square feet with
a minimum frontage of 150 feet. Structures shall be set back a minimum
of 50 feet (front), 50 feet (side) and 50 feet (rear); where RMD sites
abut a Residential Zoning District the rear and side setbacks shall
be 100 feet.
D.
Procedure.
(1)
The Planning Board shall be the Special Permit Granting Authority
(SPGA) for a RMD special permit.
(2)
In addition to the materials to be submitted required under § 173-49.1 (Site plan review by Planning Board) of the Zoning Bylaw, the applicant shall provide the following:
(a)
A copy of its registration as an RMD from the Massachusetts
Department of Public Health (DPH);
(b)
A detailed floor plan of the premises of the proposed RMD that
identifies the square footage available and describes the functional
areas of the RMD, including areas for any preparation of MIPs;
(c)
A detailed site plan that includes 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 to 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 for the RMD;
(e)
A copy of the emergency procedures approved by DPH for the RMD;
(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;
(h)
A copy of proposed waste disposal procedures; and
(i)
A description of any waivers from DPH regulations issued for
the RMD.
(3)
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
(Board of Selectmen), 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.
(4)
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
special permit application.
E.
Special permit conditions on RMDs.
(1)
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 purposes of this section.
In addition to any specific conditions applicable to the applicant's
RMD, the SPGA shall include the following conditions in any special
permit granted under this bylaw:
(a)
Hours of operation, including dispatch of home deliveries.
(b)
The permit holder shall file a copy of any Incident Report required
under 105 CMR 725.110(F) with the Building Inspector, local law enforcement,
Board of Health and the SPGA within 24 hours of creation by the RMD.
Such reports may be redacted as necessary to comply with any applicable
state or federal laws and regulations.
(c)
The permit holder shall file a copy of any summary cease-and-desist
order, quarantine order, summary suspension order, order limiting
sales, notice of a hearing, or final action issued by DPH or the Division
of Administrative Law Appeals, as applicable, regarding the RMD with
the Building Inspector and SPGA within 48 hours of receipt by the
RMD.
(d)
The permit holder shall provide to the Building Inspector 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.
(e)
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.
(f)
The special permit shall be limited to the current applicant
and shall lapse if the permit holder ceases operating the RMD.
(g)
The special permit shall lapse upon the expiration or termination
of the applicant's registration by DPH.
(h)
The permit holder shall notify the Building Inspector and SPGA
in writing within 48 hours of the cessation of operation of the RMD
or the expiration or termination of the permit holder's registration
with DPH.
G.
Prohibition against nuisances.
(1)
No RMD use shall be allowed 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.
(1)
The provisions of this bylaw are severable. If any provision,
paragraph, sentence, or clause of this bylaw 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 bylaw.
[Added 10-23-2018 ATM,
Art. 3]
A.
Purpose: to provide for the placement of recreational marijuana establishments,
in accordance with Chapter 369 of the Acts of 2012 and Chapter 55
of the Acts of 2017 - An Act to Ensure Safe Access to Marijuana, and
the regulations issued by the Massachusetts Cannabis Control Commission,
including but not limited to 935 CMR 500.00 et seq., in locations
suitable for marijuana establishments and to minimize adverse impacts
of such establishments on adjacent properties, residential neighborhoods,
historic districts, schools, and playgrounds by regulating the siting,
design, placement and security of recreational marijuana establishments
within the Town of Northbridge.
B.
Applicability.
(1)
Nothing in this section shall be construed to supersede federal
and state laws governing the sale and distribution of marijuana.
(2)
The number of marijuana retailers that shall be permitted shall
be limited to 20% of the number of licenses issued within the Town
of Northbridge for the retail sale of alcoholic beverages not to be
drunk on the premises where sold under MGL c. 138, § 15.
In the event that 20% of said licenses is not a whole number, the
limit shall be rounded up to the nearest whole number.
C.
INDEPENDENT TESTING LABORATORY
MARIJUANA CULTIVATOR
MARIJUANA ESTABLISHMENT
MARIJUANA PRODUCT MANUFACTURER
MARIJUANA RESEARCH FACILITY
MARIJUANA RETAILER
MARIJUANA TRANSPORTER
Definitions. The following definitions shall apply for purposes of
this section and the Zoning Bylaw. Where not expressly defined in
the Zoning Bylaw, terms used in this section shall be interpreted
as defined in MGL c. 94G and MGL c. 941 and regulations promulgated
and/or incorporated thereunder, and otherwise by their plain language.
A laboratory that is licensed by the Cannabis Control Commission
and is: 1) accredited to the most current version of the International
Organization for Standardization 17025 by a third-party accrediting
body that is a signatory of the International Laboratory Accreditation
Accrediting Cooperation mutual recognition arrangement, or that is
otherwise approved by the Cannabis Control Commission; 2) independent
financially from any medical marijuana treatment center or any licensee
or marijuana establishment for which it conducts a test; and 3) qualified
to test marijuana in compliance with regulations promulgated by the
Cannabis Control Commission.
An entity that may cultivate, process and/or package marijuana,
to transfer and deliver marijuana to marijuana establishments, and
to transfer marijuana to other marijuana establishments, but not to
consumers.
A marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business for the non-medical, including recreational
use of marijuana, as set forth in G.L c. 94G, and any regulations
promulgated thereunder.
An entity authorized to obtain, manufacture, process and
package marijuana and marijuana products, to deliver marijuana and
marijuana products to marijuana establishments and to transfer marijuana
and marijuana products to other marijuana establishments, but not
to consumers.
An academic institution, non-profit corporation or domestic
corporation or entity authorized to do business in the Commonwealth
of Massachusetts which may cultivate, purchase or otherwise acquire
marijuana for conducting research regarding marijuana and marijuana
products. Any research involving humans must be authorized by an Institutional
Review Board. A marijuana research facility may not sell marijuana
it has cultivated.
An entity authorized to purchase and deliver marijuana and
marijuana products from marijuana establishments and to deliver, sell
or otherwise transfer marijuana and marijuana products to marijuana
establishments and to consumers.
An entity not otherwise licensed by the Cannabis Control
Commission, that is licensed to purchase, obtain and possess cannabis
or marijuana product solely for the purpose of transporting, temporary
storage, sale and distribution to marijuana establishments, but not
to consumers.
D.
Prohibited uses.
(1)
On-site consumption of marijuana and marijuana products at marijuana
establishments is not permitted unless expressly approved under this
section and authorized by and pursuant to state law or regulation.
(2)
Clubs, lodges, or other private grounds (non-profit and private)
allowing on-site consumption of marijuana or marijuana products, but
not operating as a licensed marijuana social consumption operator
are prohibited.
(3)
No marijuana or marijuana product shall be smoked, eaten or
otherwise consumed or ingested on the premises of any marijuana establishment
unless expressly permitted under this section and permitted by state
law or regulation. The prohibition on on-site consumption shall also
include private social clubs or any other establishment which allows
for social consumption of marijuana or marijuana products on the premises,
regardless of whether the product is sold to consumers on site.
(4)
No drive-through service shall be permitted at a marijuana establishment.
E.
Location.
(1)
Marijuana establishments may be allowed by special permit of
the Planning Board (SPGA - special permit granting authority) within
the following zoning districts of the Town of Northbridge. The designation
S means allowed by Special Permit, and the designation "-" means not
permitted.[1]
[1]
Editor's Note: See the Table of Area Regulations, included as an attachment to this chapter.
(2)
Marijuana establishments 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 (registered in accordance with Massachusetts
law);
(c)
Public library;
(d)
Town playground, Town of Northbridge ballfield; or
(e)
Youth center.
(3)
The distance under this subsection shall be measured in a straight
line from the nearest point of the property line of the protected
use to the nearest point of the property line of the proposed marijuana
establishment.
(a)
The distance requirement may be reduced by twenty-five percent
or less, but only if the applicant demonstrates that the marijuana
establishment would otherwise be effectively prohibited within the
Town.
F.
Design standards and siting requirements.
(1)
A marijuana establishment shall be located within a fully enclosed,
secured, permanent building, including concrete floor, and may not
be located in a trailer, cargo container, motor vehicle or other similar
non-permanent enclosure.
(2)
All aspects of a marijuana establishment relative to the cultivation,
possession, processing, sales, distribution, dispensing or administration
of marijuana, marijuana products, or related supplies must take place
at a fixed location within a fully enclosed building and shall not
be visible from the exterior of the building. A marijuana establishment
shall not be located in a trailer, storage freight container, motor
vehicle or other similar movable enclosure, unless operating as a
licensed Marijuana Transporter.
(3)
Marijuana, marijuana products, associated supplies, and promotional
advertising materials shall not be displayed or visible from the exterior
of a marijuana establishment.
(4)
All business signage shall be subject to the permitting requirements
of all applicable governmental authorities within the Commonwealth
of Massachusetts and the requirements of the Zoning Bylaw.
(5)
A marijuana establishment shall be ventilated in such a manner
that:
(a)
No pesticides, insecticides or other chemicals or products used
in the cultivation or processing are dispersed into the outside atmosphere;
and
(b)
No odor from marijuana or its processing can be detected by
a person with an unimpaired and otherwise normal sense of smell at
the exterior of the marijuana establishment or within any adjoining
property.
(6)
An odor control plan detailing the specific odor-emitting activities
or processes to be conducted on site, the source of those odors, the
locations from which they are emitted, the frequency of such odor-emitting
activities, the duration of such odor-emitting activities, and the
administrative and engineering controls that will be implemented to
control such odors, including maintenance of such controls.
G.
Procedure.
(1)
The Planning Board shall be the special permit granting authority
(SPGA) for marijuana establishments within the Town of Northbridge.
(2)
All applicants are encouraged to contact the Planning Department
staff to schedule a pre-application meeting.
(3)
The SPGA shall refer copies of the application to the Board
of Selectmen, Building Department, Fire Department, Police Department,
Board of Health, Conservation Commission, Director of Public Works,
Highway Department, and the Sewer Department for review of the application
and submission of written recommendations to the Planning Board. Failure
to make recommendations within 35 days of referral of the application
shall be deemed lack of opposition.
(4)
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
special permit application.
(5)
In addition to the materials to be submitted as required under § 173-49.1, Site plan review by Planning Board, of the Zoning Bylaw, the applicant shall provide the following:
(a)
Copies of all documentation demonstrating appropriate application
status under state law, including registration or license, as applicable,
issued to the applicant by the Cannabis Control Commission and other
applicable Commonwealth of Massachusetts agencies for the establishment.
(b)
Evidence that the applicant has site control and the right to
use the site for a marijuana establishment in the form of a deed or
valid purchase and sale agreement, or, in case of a lease, a notarized
statement from the property owner and a copy of the lease agreement.
(c)
A notarized statement signed by the applicant's chief executive
officer and corporate attorney disclosing all of its designated representatives,
including officers and directors, 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 all
individual persons associated with the entity as set forth above.
(d)
A description of all activities to occur on site, including
all provisions for the delivery and storage of marijuana and marijuana
products, and marijuana accessories.
(e)
A detailed floor plan of the premises of the proposed marijuana
establishment that identifies the square footage available and describes
the functional areas of the establishment.
(f)
Details showing all proposed exterior security measures for
the premises, including lighting, fencing, gates and alarms, etc.,
for the purpose of ensuring the safety of employees and patrons and
to protect the premises from theft and other criminal activity. A
letter from the Town of Northbridge Chief of Police, or his/her designee,
acknowledging review and approval of the security plan required and
approved by the Cannabis Control Commission for the marijuana establishment.
To the extent allowed by law, all such documents shall be confidential.
(g)
A description of the security measures, including employee security
policies, approved for the establishment by the Cannabis Control Commission;
(h)
A copy of the policies and procedures for the transfer, acquisition,
or sale of marijuana approved for the establishment by the Cannabis
Control Commission; and
(i)
A copy of proposed waste disposal procedures.
H.
Special permit findings. In addition to the findings required for a special permit under § 173-47 and any other provision of the Zoning Bylaw, the SPGA must also find all of the following:
(1)
The marijuana establishment meets all of the permitting requirements
of all applicable agencies within the Commonwealth of Massachusetts
and will comply with all applicable state laws and regulations.
(2)
The marijuana establishment as proposed adequately addresses
issues of appropriate site layout; security; vehicular and pedestrian
traffic safety and circulation; parking requirements; landscaping/screening
for the establishment; and the requirements of this section.
(3)
The security plan meets all requirements of the Cannabis Control
Commission, including the regulations at 935 CMR 500.110.
I.
Special permit conditions.
(1)
In addition to such as the SPGA may impose for a particular
special permit, the following conditions shall apply to all special
permits issued under this section.
(a)
A special permit granted under this section shall be limited
to the applicant and shall be non-transferable to another owner or
operator.
(b)
The special permit shall lapse within three (3) to five (5)
years of its issuance depending upon the terms and conditions of the
host community agreement between the applicant and the Town, and the
SPGA shall designate the specific period which shall apply. 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. Failure to comply will be
cause for termination of the special permit.
(c)
The special permit shall lapse upon the expiration or termination
of the applicant's registration or licensure required by the Commonwealth
of Massachusetts. The permit holder shall notify the Building Inspector
and SPGA in writing within 48 hours of the cessation of operation
of the marijuana establishment or the expiration or termination of
the license or permit issued for such operation by the Cannabis Control
Commission.
(d)
No outside storage of marijuana, marijuana products or related
supplies, marijuana accessories, or educational materials is permitted.
(e)
The hours of operation of a marijuana establishment shall be
set by the SPGA, but in no event shall a marijuana establishment be
open to the public, nor shall any sale or other distribution of marijuana
occur upon the premises or via delivery from the premises between
the hours of 11:00 p.m. and 8:00 a.m. Monday through Saturday and
before 10:00 a.m. on Sundays.
(f)
The applicant/permit holder shall provide to the Building Inspector
and Chief of the Police the name, telephone number and electronic
mail addresses of a contact person(s) 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.
(2)
All other applicable provisions of the Northbridge Zoning Bylaw
shall apply.
J.
Prohibition against nuisances. No marijuana establishment shall be
allowed 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. Failure
to comply may result in suspension of the special permit and zoning
enforcement action under the law.
K.
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.
