A.Â
Except as provided by the Zoning Act,[1] in each district no land, structure or building shall be used except for the purposes permitted in the district as set forth in Article III and the Schedule of Principal Use Regulations unless otherwise specifically permitted in this bylaw. It is the intent of this bylaw to prohibit in any district any use which is not specifically permitted herein and those uses denoted in the Schedule of Principal Use Regulations by the letter "N."
[1]
Editor's Note: See Massachusetts General Laws Ch. 40A.
B.Â
A use listed in the Schedule of Principal Use Regulations is permitted as of right in any district under which it is denoted by the letter "Y." If denoted by "S1," the use may be permitted by special permit from the Board of Appeals; if denoted by "S," the use may be permitted by special permit of the Planning Board. Where any uses permitted as of right are followed by the letter "Y" in the column "SPA," site plan approval is required in accordance with § 230-5.3, and where the letter "N" appears site plan approval is not required.
C.Â
See the Schedule of Principal Use Regulations included as Attachment
1 of this chapter.
A.Â
Agriculture: land for primary use of agriculture, horticulture, viticulture
and, if upon more than two acres, a commercial farm for the raising
of cattle, horses, sheep, goats, poultry or a farm stand for the sale
of farm products.
B.Â
Greenhouse: a commercial greenhouse, sales room or stand for the
cultivation and sale of nursery or garden products.
C.Â
Conservation: land and water resource management, passive recreation
and preservation of wildlife.
D.Â
Recreation:
(1)Â
A recreation facility owned or operated by a nongovernmental
agency, including some or all of the following uses: a golf course,
riding stable, playground and play fields, a swimming pool, tennis
or basketball court(s). In addition, temporary outdoor recreational
events such as festivals or fairground-type events may be permitted.
(2)Â
A riding stable located upon five or more acres of land is exempt
from the provisions of this bylaw. No indoor or outdoor active recreation
area or parking for same shall be located any nearer the lot line
than the minimum building setback, or landscaping and buffering area
setback, whichever is greater.
E.Â
Recreation, Mansfield nonprofit: a recreation facility/area not run
for private gainful business and operated by a nongovernmental agency
or organization, whose primary purposes is to provide opportunities
to Mansfield residents.
G.Â
Forestry: cultivating and harvesting of forest products, including,
if upon more than five acres, the sale of firewood.
A.Â
Single-family dwelling: a detached dwelling unit designed and used
exclusively as a single housekeeping unit with common cooking and
living facilities. No more than one building for dwelling purposes
shall be located upon a lot.
B.Â
Two-family dwelling: a building containing two dwelling units and
designed for two families.
C.Â
Accessory apartments: a single-family dwelling existing prior to January 1, 1989, may be altered and used for two dwelling units, provided that it meets the requirements § 230-3.9.
D.Â
Multiple residence: a building containing three or more dwelling
units for families, which dwelling units contain kitchen and toilet
facilities. Developments of 20 or more multifamily residential dwelling
units require a special permit.
[Amended 4-14-2020 ATM by Art. 24]
E.Â
Rowhouse, townhouse: a building comprising three or more attached
dwelling units separated by party walls.
H.Â
Recreational vehicle storage: outdoor parking or storage of not more
than one uninhabited recreational vehicle.
I.Â
Assisted care retirement facilities. a residential facility which
provides services exclusively to residents 55 years or older, in a
managed residential community. Such a development must include the
following:
(1)Â
The facility shall be located on a lot of not less than 10 acres
under one ownership.
(2)Â
No site shall accommodate more than 250 units or exceed a density
of 10 units per acre.
(3)Â
Each site shall contain at least 35% of the total lot area as
permanent open space, which shall not include land devoted to streets
or parking areas, but may include land within the minimum setback
areas required herein.
(4)Â
Included within the open space requirement set forth in Subsection I(3) above, the Planning Department shall require the development of outside recreation areas suitable to serve the occupants of the assisted living facility. Such recreation area shall contain at least 100 square feet of lot area for each unit proposed, with a minimum of 6,000 square feet landscaped providing benches, walkways, site lighting and beneficial views, shielded from traffic.
(5)Â
Public sanitary sewer and public water shall be required.
(6)Â
All utilities shall be underground.
(7)Â
All outside utilities and mechanicals shall be fenced and screened
from view by suitable shrubbery and/or construction of a closed picket
or screen-type fence. All dumpsters are to be located on a concrete
pad and enclosed with a privacy fence.
(8)Â
Buildings shall be residential in appearance and shall be in
harmony with the surrounding properties. No wing of a building shall
exceed a length of 300 feet; no wall of such building shall exceed
100 feet in length in an unbroken plane without an offset of at least
four feet. No building shall exceed 40 feet in height; and the total
building footprint coverage shall not exceed 20% of the total lot
area.
(9)Â
No building shall be constructed within 75 feet of any public
street and 50 feet of any other property. Suitable buffer plantings
shall be provided to assure maximum privacy to the residents and to
the occupants of adjoining properties, in accordance with the requirements
for landscaping and screening of the Mansfield Zoning Bylaw or any
other applicable bylaw.
(10)Â
Parking for an assisted care retirement facility shall be 1/2
space per unit and one space for every 6,000 square feet of building
space for employee and visitor parking.
(11)Â
Assisted care retirement facility units shall be limited to
occupancy by no more than two persons who are 55 years of age or older,
and each community shall have common space of not less than 150 square
feet for each dwelling unit, which shall consist of dining rooms,
kitchen facilities, medical, dental or clinical care rooms, meeting
or activity rooms, recreation rooms, and similar uses in support of
those living in the facility.
(12)Â
Any assisted care retirement facility must meet the requirement
for an assisted living residence as outlined by the Executive Office
of Elder Affairs of the Commonwealth of Massachusetts in MGL c. 19A,
§ 6, and St. 1994, Chapter 354, Section 10, or Regulation
No. 651, CMR 12.00.
(13)Â
A traffic study shall be submitted to the Planning Board for
its review and approval.
J.Â
Residential facilities for residents 55 years of age or older: a
residential facility which provides housing units exclusively for
residents 55 years of age or older. Such a facility must include the
following:
(1)Â
The facility shall be located on a parcel, or contiguous parcels,
of land which has a total acreage of not less than six acres. In the
Residential 1 Zone, the parcel shall be not less than 15 acres.
[Amended 4-11-2017 ATM
by Art. 35]
(2)Â
No site shall accommodate more than 100 units nor exceed a density
of 10 units per acre of upland land area.
(3)Â
Each site shall contain at least 35% of the total area as permanent
open space, which shall not include land devoted to streets or parking
area, but may include land within the minimum setback areas required
herein.
(4)Â
Deed description: A deed or other recorded instrument shall
be filed showing the applicant to be the owner of the land to be designated
as a residential facility for persons 55 years of age or older and
that the land is in single or consolidated ownership at the time of
final plan application.
(5)Â
Common open space instrument: In order to ensure that the corporation,
nonprofit organization or trust will properly maintain the common
open space, an instrument(s) shall be recorded at the Bristol North
District Registry of Deeds which shall, at a minimum, provide:
(a)Â
A legal description of the common open space;
(b)Â
A statement of the purpose for which the common open space is
intended to be used and the restriction on its use and alienation;
(c)Â
The type and name of the corporation, nonprofit organization
or trust of each owner of a dwelling in the cluster development and
a provision that such ownership or beneficial interest shall be appurtenant
to the dwelling to which it relates and may not be conveyed or encumbered
separately therefrom;
(d)Â
Provisions for the number, term of office, and the manner of
election to office, removal from office and the filling of vacancies
in the office of directors and/or officers of the corporation or nonprofit
organization or trustees of the trust;
(e)Â
Procedures for the conduct of the affairs and business of the
corporation, nonprofit organization or trust, including provision
for calling and holding of meetings of members and directors and/or
officers of the corporation or nonprofit organization or beneficiaries
and trustees of the trust and provision for quorum and voting requirements
for action to be taken. Each owner of a dwelling shall have voting
rights proportional to their ownership or beneficial interest in the
corporation, nonprofit organization or trust;
(f)Â
Provision for management, maintenance, operation, improvement
and repair of the common open space and facilities thereon, including
provisions for obtaining and maintaining adequate insurance and levying
and collecting from the dwelling owners common charges to pay for
expenses associated with the common open space, including real estate
taxes. It shall be provided that common charges are to be allocated
among the dwelling owners in proportion to their ownership or beneficial
interests in the corporation, nonprofit organization or trust, and
that each owner's share of the common charge shall be a lien against
their real estate in the RD, which shall have priority over all other
liens with the exception of municipal liens and first mortgages of
record.
(6)Â
All roadways within the facility shall be maintained by the
owner or owners of such roadways. Street lighting shall be constructed
in accordance with the Mansfield Zoning Bylaw.
(7)Â
Each dwelling unit shall have a minimum of two parking spaces.
(8)Â
Public sanitary sewer and public water shall be required.
(9)Â
All public utilities shall be underground.
(10)Â
All outside building utilities and mechanical equipment shall
be fenced and/or screened from view by suitable design and construction
of fencing and/or shrubbery. All dumpsters are to be located on concrete
pads and enclosed in privacy fences.
(11)Â
All buildings shall be residential in appearance, and no building
shall contain more than eight units or exceed a length of 340 feet.
No wall of any dwelling unit shall exceed 50 feet in an unbroken plane
without an offset of at least four feet. No building shall exceed
40 feet in height, and the total building footprint coverage shall
not exceed 20% of the total lot area, excluding terraces, decks and
garages.
(12)Â
No building shall be constructed within 50 feet of a public
way nor within 40 feet of any other property. Suitable buffer plantings
shall be provided to assure maximum privacy to the residents and also
to the occupants of adjoining properties, in accordance with the requirements
for landscaping of the Mansfield Zoning Bylaw.
(13)Â
Each housing unit shall be designed and used exclusively as
a single housekeeping unit with cooking, living and sanitary facilities;
and each housing unit shall contain not more than two sleeping rooms.
There shall be no additional boarding or lodging within any housing
unit.
(14)Â
The site may contain accessory buildings or structures for maintenance
and recreational facilities incidental to the exclusive use by the
residents of the facility.
(15)Â
In no case shall an accessory building or structure be located
between a principal structure and a public way.
(16)Â
The facility shall comply with the provisions set forth in 42
U.S.C. § 3601 et seq.
A.Â
Municipal use: use of land, buildings and structures by the Town
of Mansfield.
B.Â
Educational: use of land, buildings and structures for providing
learning in a general range of subjects on land owned or leased by
the commonwealth or any of its agencies, subdivisions of bodies politic,
or by a nonprofit educational entity. Such use may include athletic
facilities, dormitories, administrative offices and similar facilities
and activities whose purpose is substantially related to furthering
learning.
C.Â
Religious: use of land, buildings and structures for religious purposes
by a recognized religious sect or denomination, which may include
religious instruction, maintenance of a convent, parish house and
similar facilities and activities whose purpose is substantially related
to furthering the beliefs of such sect or denomination.
D.Â
Philanthropic: charitable or nonprofit library, museum, art gallery,
theatrical entertainment center or other similar use.
E.Â
Day-care center: use of land, buildings and structures for a nursery
school or similar facility for the day care of children or adults
and duly licensed by the Commonwealth of Massachusetts.
F.Â
Hospital and nursing home: hospital, community health center, sanitarium,
nursing, rest or convalescent home.
G.Â
Community life care center: a campus-type development of multiple facilities and buildings to provide a continuum of residential alternatives for the aged, chronically ill or disabled; with the particular goal of assisting them to better cope with their particular limitations and to lead a productive existence, through the provision of appropriate care, rehabilitation, psychological counseling, and educational programs. Such a development may include any combination of the following, but must include a skilled nursing facility and either an assisted-living facility or an independent-living facility as defined in Subsection G(1), (2) and (3):
(1)Â
A skilled nursing facility including ancillary support and rehabilitation
services, including but not limited to: an adult day care or respite
facility to provide short-term custodial care to individuals with
special needs; food services; social, psychological, and educational
programs; twenty-four-hour supervision; and nursing care as appropriate,
all with the purpose of assisting the individual to continue to develop
and to overcome the limitations imposed by their condition, and providing
the individual's family or other caregiver a respite from the provision
of such care;
(2)Â
A congregate housing or assisted-living facility, providing
a sheltered living environment for the aged, chronically ill, or disabled,
including such services as housekeeping; cooking and common dining;
social, psychological, and educational programs; assistance with personal
needs; and crisis intervention, all with the purpose of assisting
each resident to continue to develop and to lead a productive and
fulfilling life;
(3)Â
Independent-living facilities providing private living and dining
accommodations to persons, 55 years of age or older, also including
common areas and the provision of social, psychological, and educational
programs and crisis intervention as needed, all with the purpose of
providing an environment in which older persons can continue to derive
the personal and psychological benefits of independent living while
also enjoying the substantial social and educational benefits of community
living;
(4)Â
Home health-care facilities serving as a base for the provision
of medical, nutritional, social, psychological and educational services
for the aged, chronically ill, or disabled;
(5)Â
Multipurpose facilities for resident and nonresident senior
citizens, which may include social, educational, wellness, counseling,
recreational, outreach, and other activities;
(6)Â
Facilities for the provision of ancillary services to residents
of the development, which may include, but are not limited to, a beauty
parlor/barber shop, convenience store, ice cream parlor, bank, exercise
center, and other such services, provided that such services shall
be available only to residents, their guests, and employees and not
to members of the general public.
H.Â
Public service utility: the use of land, buildings and structures
by a public service corporation, provided that in the residence districts
the use is essential to the service of the residential area in which
it is located.
I.Â
Aviation: activities including and related to the operation of a
general aviation airport for the cooperation, fueling, maintenance
and storage of aircraft.
J.Â
Temporary use.
(1)Â
A use permitted by right in all districts in this bylaw lasting
a limited amount of time. For the purposes of this bylaw, a "limited
amount of time" shall mean no more than 10 consecutive days and a
total of not more than 10 days within any given calendar year. Temporary
uses shall be limited to the following: temporary noncommercial fair,
festival, auction, or flea market. All temporary uses shall be strictly
limited to usual and customary not-for-profit, fraternal, or charitable
organizations.
(2)Â
The Mansfield Select Board may issue a special permit to extend
a temporary use beyond 10 days if said use conforms with this section.
(3)Â
The Select Board, acting as special permit granting authority, may authorize by special permit in accordance with § 230-5.5, Special permits, of the Zoning Bylaw, a temporary use in the I-1 Zoning District to be conducted by a Mansfield nonprofit organization for up to an additional one time per permit 45 consecutive days beyond the 10 consecutive days allowed in this section, provided that the such special permit for additional days may only be granted in conjunction with the grant of an entertainment or festival license by the Select Board members under MGL c. 140. Such a special permit shall be issued only to the Mansfield nonprofit organization conducting the temporary use, is nontransferable, and does not revert to or run with the title of the land upon which such a temporary use is conducted. For the purposes of this subsection, a "Mansfield nonprofit organization" is defined as a not-for-profit, fraternal or charitable organization based in Mansfield and whose primary purpose is to provide cultural, social, educational, religious or recreational opportunities for Mansfield residents.
K.Â
Medical marijuana treatment center special permit.
[Amended 11-4-2021 STM by Art. 15]
(1)Â
Purpose:
(a)Â
To protect the health, safety, convenience and general welfare
of the inhabitants of the Town of Mansfield;
(b)Â
To minimize congestion in the streets and prevent blight;
(c)Â
To protect and conserve the value of property within the Town;
(d)Â
To encourage the most appropriate use of land throughout the
Town;
(e)Â
To guide development consistent with the Town's Master Plan;
and
(f)Â
To prevent crime and delinquency of children.
(2)Â
MEDICAL MARIJUANA TREATMENT CENTER
Definitions.
As defined in § 230-1.5.
(3)Â
Applicability.
(a)Â
The Planning Board shall be the special permit granting authority
for all medical marijuana treatment center special permit applications.
(b)Â
The Planning Board may grant a special permit for a medical
marijuana treatment center only in the following zoning district:
Planned Business District. Medical marijuana treatment centers shall
be prohibited in all other zoning districts.
(c)Â
All medical marijuana treatment center special permit applications shall satisfy the applications, fees, plans, and information requirements identified in § 230-5.5, Special permits, of this Zoning Bylaw. In addition, all medical marijuana treatment center special permit applications shall include proof of license (as defined in 935 CMR 501.002).
(d)Â
Application for a special permit shall be filed by the petitioner
with the Town Clerk and the Planning Board. Notice of public hearing
shall be given in accordance with MGL c. 40A, § 11. The
public hearing shall be held within 65 days from the date of filing
said application. The decision of the Planning Board shall be made
within 90 days of the public hearing, and the decision may be extended
by written agreement between the petitioner and the Planning Board.
A copy of the agreement shall be filed with the Town Clerk.
(4)Â
Special permit considerations.
(a)Â
Special permits granted under the provisions of this bylaw are nontransferable. All medical marijuana treatment center special permits may be granted for a term not to exceed two years, which may be automatically renewed. In deciding whether to renew a special permit for a medical marijuana treatment center, the special permit granting authority may consider whether any complaints have been filed with the Town based upon alleged violations of the standards set forth in Subsection K(4)(c) of this bylaw or upon alleged violation of the conditions of the special permit.
(b)Â
Special permits granted under this section shall lapse within
two years unless substantial use of the permit is made or construction
has commenced.
(c)Â
In considering a special permit application, the Planning Board
shall take the following into consideration:
[1]Â
Impact on the health, safety, convenience, general welfare and
amenities of the inhabitants of the Town;
[2]Â
Effects on adjoining premises, neighborhood character and property
values;
[3]Â
Vehicular and pedestrian traffic convenience, safety, and adequacy,
including an assessment of movement within the site and in relation
to adjacent streets, properties, or improvements;
[4]Â
Adequacy of municipal facilities and services, including, but
not limited to, fire and police protection, water provision, and wastewater
disposal;
[5]Â
Effects on the natural environment.
(d)Â
No special permit shall be issued for a medical marijuana treatment center use unless the use conforms to the following minimum setback (distance) requirements.* [*All measurements, with the exception of Subsection K(4)(d)[3], are to and from parcel limits (lot lines).]
(e)Â
No special permit shall be approved until the special permit granting authority has determined that the application and plans meet all the applicable submission and technical requirements of this bylaw and that the benefits of the proposed project outweigh its detrimental effects after consideration of all the criteria of Subsection K(4)(c) of this section and § 230-5.5 of this bylaw.
(f)Â
No special permit shall be approved until the applicant has
provided the special permit granting authority with proof that the
proposed medical marijuana treatment center has been issued a license
(as defined in 935 CMR 501.002) by the Commonwealth Cannabis Control
Commission.
L.Â
(1)Â
Purpose.
(a)Â
Cultivation of recreational marijuana may be allowed by special
permit granted by the Planning Board in the Planned Business District
Marijuana Cultivation Overlay District, further described as follows
and shown on a map titled "Southwest PBD Cultivation Overlay District,"
dated February 16, 2018.[3] No other type of marijuana establishment may be allowed
in the Planned Business District Marijuana Cultivation Overlay District.
[3]
Editor's Note: Said map is included as an attachment to this chapter.
(b)Â
The purpose of this bylaw is to establish a local process for
the locating, permitting and regulation of the use and distribution
of marijuana not medically prescribed, in accordance with MGL c. 64N
and MGL c. 94G; to protect the health, safety and general welfare
of the inhabitants of the Town of Mansfield; and to properly locate
the subject use in order that the use has the minimal possible exposure
to Mansfield's children and impact on housing values, and to provide
a destination location that is least disruptive to Mansfield's residential
neighborhoods, schools, commercial areas and downtown business districts.
(c)Â
In accordance with MGL c. 94G, § 3, Local control,
the Town of Mansfield, having one medical marijuana facility, hereby
limits the number of recreational marijuana cultivators to one establishment.
(2)Â
CANOPY
CONSUMER
MARIJUANA
MARIJUANA CULTIVATOR
MARIJUANA ESTABLISHMENT
MARIJUANA PRODUCTS
MARIJUANA RETAILER
Definitions.
That aboveground portion of the marijuana plant that forms
the uppermost layer, or crown, of the plant.
A person who is at least 21 years of age.
All parts of any plant of the genus Cannabis, not excepted
below and whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin
including tetrahydrocannabinol as defined in Section 1 of Chapter
94C of the General Laws.
A marijuana cultivator may cultivate, process and package
marijuana, to deliver marijuana to marijuana establishments and to
transfer marijuana to other marijuana establishments, but not to consumers.
A marijuana cultivator, marijuana testing facility, marijuana
product manufacturer or any other type of licensed marijuana-related
growing, process or concentrating facility. For the purposes of this
bylaw, marijuana establishments are strictly prohibited.
Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use or consumption, including edible products, beverages,
topical products, ointments, oils and tinctures.
An entity licensed to purchase and deliver marijuana and
marijuana products to deliver, sell or otherwise transfer marijuana
to consumers. A marijuana retailer may only be allowed by special
permit.
(3)Â
Applicability.
(a)Â
All marijuana cultivator operations shall be prohibited in Mansfield
except such operations as may be allowed by special permit in the
Southwest PBD Cultivation Overlay District. Such prohibition shall
not be construed to prohibit transportation of marijuana or marijuana
products as may be allowed by law, subject to any bylaw, special permit
or permit requirement.
(b)Â
The Planning Board shall be the special permit granting authority
for all recreational marijuana cultivation applications.
(c)Â
The special permit granting authority may only grant a special
permit for a recreational marijuana cultivation application within
the Planned Business District Marijuana Cultivation Overlay District.
(d)Â
In no case shall the number of recreational marijuana cultivators
exceed the number of licensed medical marijuana dispensaries within
the Town of Mansfield.
(e)Â
All recreational marijuana cultivator special permit applications shall provide all applications, fees, plans, and information identified in § 230-5.5, Special permits, of this Zoning Bylaw.
(f)Â
Application for a special permit shall be filed by the petitioner
with the Town Clerk and the special permit granting authority. Notice
of public hearing shall be given in accordance with MGL c. 40A, § 11.
Public hearing shall be held within 65 days from the date of filing
said application. The decision of the special permit granting authority
shall be made within 90 days of the public hearing, and decision may
be extended by written agreement between the petitioner and the special
permit granting authority. A copy of the agreement shall be filed
with the Town Clerk.
(4)Â
Special permit consideration.
(a)Â
No special permit shall be issued to any person convicted of
violating the provisions of MGL c. 119, § 63 or MGL c. 272,
§ 28. Special permits granted under the provisions of this
bylaw are nontransferable. All recreational marijuana cultivator special
permits may be granted for a term not to exceed five years, which
may be renewed, unless complaints are filed based upon violations
of the standards set forth in this section. In the event of complaints,
the special permit granting authority shall hold a public hearing
to hear said complaints before considering renewal of the special
permit.
(b)Â
Special permits granted under this section shall lapse within
three years if a substantial use thereof has not sooner commenced
except for good cause or, in the case of permit for construction,
if construction has not begun by such date except for good cause.
(c)Â
In considering a special permit application, the special permit
granting authority shall take the following into consideration:
[1]Â
Impact on the health, safety, convenience, general welfare and
amenities of the inhabitants of the Town;
[2]Â
Effects on adjoining premises, neighborhood character, social
structure, and community values and standards;
[3]Â
Vehicular and pedestrian traffic convenience, safety, and adequacy,
including an assessment of movement within the site and in relation
to adjacent streets, properties, or improvements;
[4]Â
Adequacy of municipal facilities and services, including but
not limited to, fire and police protection, water provision, and wastewater
disposal;
[5]Â
Effects on the natural environment; and
[6]Â
Fiscal impacts, including effect on the tax and employment base,
municipal finances, and property values.
(d)Â
In addition, the special permit granting authority shall take
the following into consideration:
[1]Â
The premises have been designed to be compatible with other
buildings in the area and to mitigate any adverse visual or design
impacts that might result from required security measures and restrictions
on visibility into the building's interior;
[2]Â
The premises provides a secure indoor waiting area for individuals
and clients;
[3]Â
Traffic generated by client trips, employee trips, deliveries
to and from the premises, and parking and queuing especially during
peak periods, shall not create a substantial adverse impact on nearby
residential uses.
[4]Â
No special permit shall be issued for a recreational marijuana
cultivator use unless the use(s) conforms to the following minimum
setback (distance) requirements.
Use
|
Minimum Setback1
(feet)
|
---|---|
Public/private schools
|
500
|
Day-care center
|
500
|
NOTE:
| |
1
|
All measurements are to and from parcel limits (lot lines).
|
[5]Â
No special permit shall be approved until the special permit granting authority has determined that the application and plans meet all the submission and technical requirements of this bylaw and that the benefits of the proposed project outweigh its detrimental effects after consideration of all the criteria of § 230-5.5, Special permits, and this section, Planned Business District Marijuana Cultivation Overlay District, of this bylaw.
(5)Â
Application process.
(a)Â
The application process for a special permit for a recreational marijuana cultivator within the Planned Business District Marijuana Cultivation Overlay District shall comply with all the requirements of § 230-5.5, Special permits.
(b)Â
Each application shall demonstrate a safe, secure structure
and parking area in a nonintrusive manner, in the opinion of the special
permit granting authority.
(c)Â
All special permit public hearings shall be conducted in accordance
with MGL c. 40A.
(d)Â
Before submitting the application for a recreational marijuana
cultivator, the applicant shall schedule an appointment to meet with
staff to discuss the procedure for approval of a special permit for
the project, including submittal requirements and site standards.
At the conclusion of the meeting(s), staff will prepare summary notes/minutes
of the meetings for distribution.
(6)Â
Design standards.
(a)Â
All landscaping and screening and exterior lighting shall conform to § 230-4.3 of the Mansfield Zoning Bylaw.
(c)Â
Signage.
[1]Â
One three-foot-by-five-foot wall sign containing the name of
the establishment may be permitted on the exterior wall above the
public entrance.
(d)Â
Context map. A map depicting all lots and land uses within a
500-foot radius of the premises.
(7)Â
Special permit conditions. The Planning Board shall impose conditions
reasonably appropriate to improve site design, traffic flow, public
safety, air quality, and preserve the character of the surrounding
area and otherwise serve the purpose of this section. In addition
to any specific conditions applicable in the applicant's recreational
marijuana cultivator, the Planning Board shall include the following
conditions in any special permit under this section:
(a)Â
The permit holder shall provide to the Building Inspector, Police
and Fire Departments and the Board of Health 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.
(b)Â
The designated contact person(s) shall notify in writing the
Police and Fire Departments, Building Inspector, Board of Health and
the Planning Board within a minimum of 12 hours following a violation,
potential violation, or any attempts to violate any applicable law,
or any criminal, potential criminal, or attempted criminal activities
as a recreational marijuana cultivator under this section.
(c)Â
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.
(d)Â
The design of the building, facade and signage shall be constructed
exactly as approved by the Planning Board. Any deviations from the
approved plan shall be approved by the Planning Board or the special
permit shall be void.
(e)Â
The special permit shall be limited to the current applicant
and shall lapse if the permit holder ceases operating the marijuana
establishment.
(f)Â
Any marijuana establishment that the Planning Board determines
has become a public nuisance due to odor or continuous or excessive
queuing outside the establishment may be found in violation of the
special permit.
(8)Â
Prohibited uses.
(a)Â
No person shall use or consume, or attempt to use or consume
any marijuana product as defined herein, in or upon any public place
or place to which the public has a right of access as invitees or
licensees, including, but not limited to all public ways, roads, sidewalks,
parking lots, parks and commons, Town-owned open space or land owned
by or managed by the Conservation Commission, cemeteries, municipal
buildings and the grounds appurtenant thereto, and schools and the
grounds and athletic fields appurtenant thereto and which shall include
any motor vehicle or bicycle when parked or moving upon any of the
aforementioned places or locations. A violation of this bylaw shall
be deemed a breach of the peace.
(b)Â
No consumption of purchased product may occur on site or within
a vehicle parked on site.
(c)Â
Outdoor marketing events, outdoor promotions or outdoor gatherings
or displays are strictly prohibited.
(9)Â
Defrayment of local cost incurred. The special permit granting
authority may also establish a written agreement between each recreational
marijuana cultivator and the Town of Mansfield that requires payment
from the recreational marijuana cultivator for all costs directly
and indirectly proportioned and reasonably related to the costs imposed
on the Town of Mansfield as a result of the recreational marijuana
cultivator conducting business in Mansfield and its impacts on police,
fire, health, public education and community values. The Town of Mansfield
should document its costs related to the operation of a recreational
marijuana cultivator; these documented costs shall be considered a
public record.
(10)Â
Severability; conflict with other laws.
(a)Â
To the extent a conflict exists between this bylaw and other
bylaws of the Town of Mansfield, the more restrictive provisions shall
apply.
(b)Â
If a court of competent jurisdiction holds any provision of
this bylaw invalid, the remainder of the bylaw shall not be affected
thereby. The invalidity of any section or sections, or part of any
section or sections, of this bylaw shall not affect the validity of
the remaining sections or parts of sections or any other bylaws of
the Town of Mansfield.
[1]
Editor's Note: Former Subsection L, Recreational marijuana,
temporary moratorium, added 4-11-2017 ATM by Art. 28, as amended,
was removed as the Town has adopted provisions on the cultivation
and sale of recreational marijuana.
[2]
Editor's Note: This article was approved at a special election
held 10-16-2018.
M.Â
Recreational
marijuana retailer special permit.
[Added 4-10-2018 ATM by Art. 30[4]]
(1)Â
Purpose.
(a)Â
Retail sale of recreational marijuana may be allowed by special permit
granted by the Planning Board in the Route 140 Industrial 1 Retail
Recreational Marijuana Overlay District, further described as follows
and shown on a map titled "Rt. 140 I1 Retail Marijuana Overlay District,"
dated February 28, 2018.[5] No other type of marijuana establishment may by allowed
in the Route 140 Industrial 1 Retail Recreational Marijuana Overlay
District.
[5]
Editor's Note: Said map is included as an attachment to this chapter.
(b)Â
The purpose of this bylaw is to establish a local process for the
locating, permitting and regulation of the use and distribution of
marijuana not medically prescribed, in accordance with MGL c. 64N
and MGL c. 94G; to protect the health, safety and general welfare
of the inhabitants of the Town of Mansfield; and to properly locate
the subject use in order that the use has the minimal possible exposure
to Mansfield's children and impact on housing values, and to provide
a destination location that is least disruptive to Mansfield's residential
neighborhoods, schools, commercial areas and downtown business districts.
(c)Â
In accordance with MGL c. 94G, § 3, Local control, the
Town of Mansfield, having one medical marijuana facility, hereby limits
the number of recreational marijuana retailers to one retail establishment.
(2)Â
CANOPY
CONSUMER
MARIJUANA
MARIJUANA CULTIVATOR
MARIJUANA ESTABLISHMENT
MARIJUANA PRODUCTS
MARIJUANA RETAILER
Definitions.
That aboveground portion of the marijuana plant that forms
the uppermost layer, or crown, of the plant.
A person who is at least 21 years of age.
All parts of any plant of the genus Cannabis, not excepted
below and whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin,
including tetrahydrocannabinol as defined in Section 1 of Chapter
94C of the General Laws.
A marijuana cultivator may cultivate, process and package
marijuana, to deliver marijuana to marijuana establishments and to
transfer marijuana to other marijuana establishments, but not to consumers.
A marijuana cultivator, marijuana testing facility, marijuana
product manufacturer or any other type of licensed marijuana-related
growing, process or concentrating facility. For the purposes of this
bylaw, marijuana establishments are strictly prohibited.
Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use or consumption, including edible products, beverages,
topical products, ointments, oils and tinctures.
An entity licensed to purchase and deliver marijuana and
marijuana products to deliver, sell or otherwise transfer marijuana
to consumers. A marijuana retailer may only be allowed by special
permit.
(3)Â
Applicability.
(a)Â
All marijuana retail operations shall be prohibited in Mansfield
except such operations as may be allowed by special permit in the
Route 140 Industrial 1 Retail Recreational Marijuana Overlay District.
Such prohibition shall not be construed to prohibit transportation
of marijuana or marijuana products as may be allowed by law, subject
to any bylaw, special permit or permit requirement.
(b)Â
The Planning Board shall be the special permit granting authority
for all recreational marijuana retailer applications.
(c)Â
The special permit granting authority may only grant a special permit
for a recreational marijuana retailer application within the Route
140 Industrial 1 Retail Recreational Marijuana Overlay District.
(d)Â
In no case shall the number of recreational marijuana retailers exceed
the number of licensed medical marijuana dispensaries within the Town
of Mansfield.
(e)Â
All recreational marijuana retailer special permit applications shall provide all applications, fees, plans, and information identified in § 230-5.5, Special permits, of this Zoning Bylaw.
(f)Â
Application for a special permit shall be filed by the petitioner
with the Town Clerk and the special permit granting authority. Notice
of public hearing shall be given in accordance with MGL c. 40A, § 11.
Public hearing shall be held within 65 days from the date of filing
said application. The decision of the special permit granting authority
shall be made within 90 days of the public hearing, and decision may
be extended by written agreement between the petitioner and the special
permit granting authority. A copy of the agreement shall be filed
with the Town Clerk.
(4)Â
Special
permit consideration.
(a)Â
No special permit shall be issued to any person convicted of violating
the provisions of MGL c. 119, § 63 or MGL c. 272, § 28.
Special permits granted under the provisions of this bylaw are nontransferable.
All recreational marijuana retailer special permits may be granted
for a term not to exceed five years, which may be renewed, unless
complaints are filed based upon violations of the standards set forth
in this section. In the event of complaints, the special permit granting
authority shall hold a public hearing to hear said complaints before
considering renewal of the special permit.
(b)Â
Special permits granted under this section shall lapse within three
years if a substantial use thereof has not sooner commenced except
for good cause or, in the case of permit for construction, if construction
has not begun by such date except for good cause.
(c)Â
In considering a special permit application, the special permit granting
authority shall take the following into consideration:
[1]Â
Impact on the health, safety, convenience, general welfare and amenities
of the inhabitants of the Town;
[2]Â
Effects on adjoining premises, neighborhood character, social structure,
and community values and standards;
[3]Â
Vehicular and pedestrian traffic convenience, safety, and adequacy,
including an assessment of movement within the site and in relation
to adjacent streets, properties, or improvements;
[4]Â
Adequacy of municipal facilities and services, including but not
limited to, fire and police protection, water provision, and wastewater
disposal;
[5]Â
Effects on the natural environment; and
[6]Â
Fiscal impacts, including effect on the tax and employment base,
municipal finances, and property values.
(d)Â
In addition, the special permit granting authority shall take the
following into consideration:
[1]Â
The premises have been designed to be compatible with other buildings
in the area and to mitigate any adverse visual or design impacts that
might result from required security measures and restrictions on visibility
into the building's interior;
[2]Â
The premises provides a secure indoor waiting area for individuals
and clients;
[3]Â
Traffic generated by client trips, employee trips, deliveries to
and from the premises, and parking and queuing especially during peak
periods, shall not create a substantial adverse impact on nearby residential
uses.
[4]Â
No special permit shall be issued for a recreational marijuana retailer
use unless the use(s) conforms to the following minimum setback (distance)
requirements:
Use
|
Minimum Setback1
(feet)
|
---|---|
Public/private schools
|
500
|
Day-care center
|
500
|
NOTE:
| |
1
|
All measurements are to and from parcel limits (lot lines).
|
[5]Â
No special permit shall be approved until the special permit granting authority has determined that the application and plans meet all the submission and technical requirements of this bylaw and that the benefits of the proposed project outweigh its detrimental effects after consideration of all the criteria of § 230-5.5, Special permits, and this section, Route 140 Industrial 1 Retail Recreational Marijuana Overlay District, of this bylaw.
(5)Â
Application
process.
(a)Â
The application process for a special permit for a recreational marijuana retailer within the Route 140 Industrial 1 Retail Recreational Marijuana Overlay District shall comply with all the requirements of § 230-5.5, Special permits.
(b)Â
Each application shall demonstrate a safe, secure structure and parking
area in a nonintrusive manner, in the opinion of the special permit
granting authority.
(c)Â
All special permit public hearings shall be conducted in accordance
with MGL c. 40A.
(d)Â
Before submitting the application for a recreational marijuana retailer,
the applicant shall schedule an appointment to meet with staff to
discuss the procedure for approval of a special permit for the project,
including submittal requirements and site standards. At the conclusion
of the meeting(s), staff will prepare summary notes/minutes of the
meetings for distribution.
(6)Â
Design
standards.
(a)Â
All landscaping and screening and exterior lighting shall conform to § 230-4.3 of the Mansfield Zoning Bylaw.
(c)Â
Signage.
[1]Â
One three-foot-by-five-foot wall sign containing the name of the
establishment may be permitted on the exterior wall above the public
entrance.
(d)Â
Context map: a map depicting all lots and land uses within a 500-foot
radius of the premises.
(7)Â
Special
permit conditions. The Planning Board shall impose conditions reasonably
appropriate to improve site design, traffic flow, public safety, air
quality, and preserve the character of the surrounding area and otherwise
serve the purpose of this section. In addition to any specific conditions
applicable in the applicant's recreational marijuana retailer, the
Planning Board shall include the following conditions in any special
permit under this section:
(a)Â
The permit holder shall provide to the Building Inspector, Police
and Fire Departments and the Board of Health 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.
(b)Â
The designated contact person(s) shall notify in writing the Police
and Fire Departments, Building Inspector, Board of Health and the
Planning Board within a minimum 12 hours following a violation, potential
violation, or any attempts to violate any applicable law, or any criminal,
potential criminal, or attempted criminal activities as a recreational
marijuana retailer under this section.
(c)Â
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.
(d)Â
The design of the building, facade and signage shall be constructed
exactly as approved by the Planning Board. Any deviations from the
approved plan shall be approved by the Planning Board or the special
permit shall be void.
(e)Â
The special permit shall be limited to the current applicant and
shall lapse if the permit holder ceases operating the marijuana establishment.
(f)Â
Any marijuana establishment that the Planning Board determines has
become a public nuisance due to odor or continuous or excessive queuing
outside the establishment may be found in violation of the special
permit.
(8)Â
Prohibited
uses.
(a)Â
No person shall use or consume, or attempt to use or consume any
marijuana product as defined herein, in or upon any public place or
place to which the public has a right of access as invitees or licensees,
including, but not limited to all public ways, roads, sidewalks, parking
lots, parks and commons, Town-owned open space or land owned by or
managed by the Conservation Commission, cemeteries, municipal buildings
and the grounds appurtenant thereto, and schools and the grounds and
athletic fields appurtenant thereto and which shall include any motor
vehicle or bicycle when parked or moving upon any of the aforementioned
places or locations. A violation of this bylaw shall be deemed a breach
of the peace.
(b)Â
No consumption of purchased product may occur on site or within a
vehicle parked on site.
(c)Â
Outdoor marketing events, outdoor promotions or outdoor gatherings
or displays are strictly prohibited.
(9)Â
Defrayment
of local cost incurred. The special permit granting authority may
also establish a written agreement between each recreational marijuana
retailer and the Town of Mansfield that requires payment from the
recreational marijuana retailer for all costs directly and indirectly
proportioned and reasonably related to the costs imposed on the Town
of Mansfield as a result of the recreational marijuana retailer conducting
business in Mansfield and its impacts on police, fire, health, public
education and community values. The Town of Mansfield should document
its costs related to the operation of a recreational marijuana retailer;
these documented costs shall be considered a public record.
(10)Â
Severability; conflict with other laws.
(a)Â
To the extent a conflict exists between this bylaw and other bylaws
of the Town of Mansfield, the more restrictive provisions shall apply.
(b)Â
If a court of competent jurisdiction holds any provision of this
bylaw invalid, the remainder of the bylaw shall not be affected thereby.
The invalidity of any section or sections, or part of any section
or sections, of this bylaw shall not affect the validity of the remaining
sections or parts of sections or any other bylaws of the Town of Mansfield.
[4]
Editor's Note: This article was approved at a special election
held 10-16-2018.
N.Â
Recreational marijuana manufacturing, independent laboratory testing
or research special permit.
[Added 4-9-2019 ATM by
Art. 38[6]]
(1)Â
Purpose.
(a)Â
The manufacturing independent laboratory testing or research
of recreational marijuana may be allowed by special permit granted
by the Planning Board in the I-2 Zoning District as shown on the existing
Town of Mansfield Zoning Map printed July 24, 2018.[7]
[7]
Editor's Note: Said Map is included as an attachment to this chapter.
(b)Â
The purpose of this bylaw is to establish a local process for
the locating, permitting and regulation of marijuana manufacturing,
independent laboratory testing or research for marijuana in accordance
with MGL c. 64N and MGL c. 94G; to protect the health, safety and
general welfare of the inhabitants of the Town of Mansfield; and to
properly locate the subject uses in order that the uses have the minimal
possible exposure to Mansfield's children and impact on housing values,
and to provide a destination location that is consistent with other
allowed activities in the I-2 Zoning District.
(2)Â
HOST COMMUNITY
INDEPENDENT TESTING LABORATORY
(a)Â
(b)Â
(c)Â
MANUFACTURE
MARIJUANA
MARIJUANA ESTABLISHMENT
MARIJUANA PRODUCT MANUFACTURER
MARIJUANA PRODUCTS
MARIJUANA RESEARCH FACILITY
MARIJUANA TESTING FACILITY
Definitions.
A municipality in which a marijuana establishment is located
or in which an applicant has proposed locating an establishment.
A laboratory that is licensed by the commission and is:
Accredited to the most current International Organization for
Standardization 17025 by a third-party accrediting body that is a
signatory to the International Laboratory Accreditation Cooperation
mutual recognition arrangement or that is otherwise approved by the
commission;
Independent financially from any medical marijuana treatment
center or licensee or marijuana establishment for which it conducts
a test; and
Qualified to test marijuana in compliance with regulations promulgated
by the commission pursuant to MGL c. 94G.
To compound, blend, extract, infuse or otherwise make or
prepare a marijuana product.
All parts of any plant of the genus Cannabis, not excepted
below and whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin
including tetrahydrocannabinol as defined in MGL c. 94C, § 1,
provided that "Marijuana shall not include: (i) The mature stalk of
the plant, fiber produced from the stalks, oil, or cake make from
the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture or preparation of the mature stalks, fiber, oil, cake made
from the seeds of the plant or the sterilized seed of the plant that
is incapable of germination; (ii) hemp; or (iii) the weight of any
other ingredient combined with marijuana to prepare topical or oral
administrations, food, drink or other products."
A marijuana cultivator, craft marijuana cooperative, marijuana
product manufacturer, marijuana retailer, independent testing laboratory,
marijuana research facility, marijuana transporter, or any other type
of licensed marijuana-related business, except a medical marijuana
treatment center.
An entity licensed 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.
Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use or consumption, including edible products, beverages,
topical products, ointments, oils and tinctures.
An academic institution, nonprofit corporation or domestic
corporation or entity authorized to do business in the Commonwealth
of Massachusetts. A marijuana research facility may cultivate, purchase
or otherwise acquire marijuana for the purpose of 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 licensed to test marijuana products, including
certification for potency and the presence of contaminants.
(3)Â
Applicability.
(a)Â
Marijuana manufacturing, independent laboratory testing or research
shall be permitted by special permit in the I-2 Zoning District.
(b)Â
The Planning Board shall be the special permit granting authority
for all marijuana manufacturing independent laboratory testing or
research.
(d)Â
The special permit granting authority may only grant a special
permit for a use permitted by the bylaw if such use is proposed to
be carried out completely within the confines of a building on a lot
that has a minimum size of four acres.
(e)Â
All marijuana manufacturing, independent laboratory testing or research special permit applications shall provide all applications, fees, plans, and information identified in § 230-5.5, Special permits, of this zoning bylaw.
(f)Â
Application for a special permit shall be filed by the petitioner
with the Town Clerk and the special permit granting authority. Notice
of public hearing shall be given in accordance with MGL c. 40A, § 11.
Public hearing shall be held within 65 days from the date of filing
said application. The decision of the special permit granting authority
shall be made within 90 days of the public hearing and decision may
be extended by written agreement between the petitioner and the special
permit granting authority. A copy of the agreement shall be filed
with the Town Clerk.
(4)Â
Special permit consideration.
(a)Â
No special permit shall be issued to any person convicted of
violating the provisions of MGL c. 119, § 63, or MGL c.
272, § 28. Special permits granted under the provisions
of this bylaw are nontransferable. All recreational marijuana special
permits may be granted under this bylaw for a term not to exceed five
years, which may be renewed, unless complaints are filed based upon
violations of the standards set forth in this section. In the event
of complaints, the special permit granting authority shall hold a
public hearing to hear said complaints before considering renewal
of the special permit.
(b)Â
Special permits granted under this section shall lapse within
three years if a substantial use thereof has not sooner commenced
except for good cause or, in the case of permit for construction,
if construction has not begun by such date except for good cause.
(c)Â
In considering a special permit application, the special permit
granting authority shall take the following into consideration:
[1]Â
Impact on the health, safety, convenience, general welfare and
amenities of the inhabitants of the Town;
[2]Â
Effects on adjoining premises, neighborhood character, social
structure, and community values and standards;
[3]Â
Vehicular and pedestrian traffic convenience, safety, and adequacy,
including an assessment of movement within the site and in relation
to adjacent streets, properties, or improvements;
[4]Â
Adequacy of municipal facilities and services, including, but
not limited to, fire and police protection, water provision, and wastewater
disposal;
[5]Â
Effects on the natural environment; and
[6]Â
Fiscal impacts, including effect on the tax and employment base,
municipal finances, and property values.
(d)Â
In addition, the special permit granting authority shall take
the following into consideration:
[1]Â
The premises provide adequate security for the marijuana products
that are used in the operation for which the special permit is sought.
[2]Â
Traffic generated by the operation shall be that which is normal
and customary for other business operations in the I-2 Zoning District.
[3]Â
Minimum setbacks.
[a]Â
No special permit shall be issued for a marijuana
manufacturing, independent laboratory testing or research use unless
the use(s) conforms to the following minimum setback (distance) requirements.
Use
|
Minimum Setback
(feet)
|
---|---|
Public/private schools
|
500
|
Day-care center
|
500
|
[b]Â
Such distances shall be measured building to building.
(5)Â
Application process.
(a)Â
The application process for a special permit for a marijuana manufacturing, independent laboratory testing or research facility shall comply with all the requirements of § 230-5.5, Special permits.
(b)Â
Each application shall demonstrate a safe, secure structure
and parking area in a nonintrusive manner, in the opinion of the special
permit granting authority.
(c)Â
All special permit public hearings shall be conducted in accordance
with MGL c. 40A.
(d)Â
Before submitting the application for a marijuana manufacturing
independent laboratory testing or research special permit, the applicant
shall schedule an appointment to meet with staff to discuss the procedure
for approval of a special permit for the project, including submittal
requirements and site standards. At the conclusion of the meeting(s),
staff will prepare summary notes/minutes of the meetings for distribution.
(6)Â
Design standards.
(a)Â
All landscaping and screening and exterior lighting shall conform to § 230-4.3 of the Mansfield Zoning Bylaw.
(c)Â
Signage.
[1]Â
One three-foot-by-five-foot wall sign containing the name of
the establishment may be permitted on the exterior wall above the
public entrance.
(d)Â
Context map. A map depicting all lots and land uses within a
500-foot radius of the building that is intended to be used as the
building that contains the operation proposed for the special permit.
(7)Â
Special permit conditions. The Planning Board shall impose conditions
reasonably appropriate to improve site design, traffic flow, public
safety, air quality, and preserve the character of the surrounding
area and otherwise serve the purpose of this section. In addition
to any specific conditions applicable in the applicant's marijuana
manufacturing, independent laboratory testing or research application,
the Planning Board shall include the following conditions in any special
permit under this section:
(a)Â
The permit holder shall provide to the Building Inspector, Police
and Fire Departments and the Board of Health 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.
(b)Â
The designated contact person(s) shall notify, in writing, the
Police and Fire Departments, Building Inspector, Board of Health and
the Planning Board within a minimum 12 hours following a violation,
potential violation, or any attempts to violate any applicable law,
or any criminal, potential criminal, or attempted criminal activities
as a marijuana manufacturing, independent laboratory testing or research
facility under this section.
(c)Â
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.
(d)Â
The design of any new building, facade or signage shall be constructed
exactly as approved by the Planning Board. Any deviations from the
approved plan shall be approved by the Planning Board or the special
permit shall be void.
(e)Â
The special permit shall be limited to the current applicant
and shall lapse if the permit holder ceases operating the marijuana
manufacturing, independent laboratory testing or research operation.
(8)Â
Prohibited uses.
(a)Â
No person shall use or consume, or attempt to use or consume,
any marijuana product, as defined herein, in or upon any public place
or place to which the public has a right of access as invitees or
licensees, including, but not limited to, all public ways, roads,
sidewalks, parking lots, parks and commons, Town-owned open space
or land owned by or managed by the Conservation Commission, cemeteries,
municipal buildings and the grounds appurtenant thereto, and schools
and the grounds and athletic fields appurtenant thereto and which
shall include any motor vehicle or bicycle when parked or moving upon
any of the aforementioned places or locations. A violation of this
bylaw shall be deemed a breach of the peace.
(b)Â
No consumption of purchased product may occur on site or within
a vehicle parked on site.
(c)Â
Outdoor marketing events, outdoor promotions or outdoor gathering
or displays are strictly prohibited.
(9)Â
Host community agreement. Pursuant to MGL c. 94G, § 3(d),
a marijuana manufacturing, independent laboratory testing or research
facility seeking to conduct business in Mansfield shall execute an
agreement with the Town of Mansfield that may include a community
impact fee; provided, however, that the community impact fee shall
be reasonably related to the costs imposed by the Town by the operation
of the marijuana manufacturing, independent laboratory testing or
research facility and shall not amount to more than 3% of the gross
sales of the marijuana manufacturing, independent laboratory testing
or research facility or be effective for longer than five years. Any
cost to the Town of Mansfield imposed by the operation of a marijuana
manufacturing, independent laboratory testing or research facility
shall be documented and considered a public record as defined by Massachusetts
law.
(10)Â
Severability; conflict with other laws.
(a)Â
To the extent a conflict exists between this bylaw and other
bylaws of the Town of Mansfield, the more restrictive provisions shall
apply.
(b)Â
If a court of competent jurisdiction holds any provision of
this bylaw invalid, the remainder of the bylaw shall not be affected
thereby. The invalidity of any section or sections, or part of any
section or sections, of this bylaw shall not affect the validity of
the remaining sections or parts of sections or any other bylaws of
the Town of Mansfield.
A.Â
Retail store: store(s) for the display and sale of merchandise within
a building, including, but not limited to: grocery, deli, bakery and
package stores, drugstore, book, stationery and gift shop, antique
shop, florist, pet shop, television and radio sales, hardware store,
department and furniture stores, seasonal farmer's market or garden
center with open-air sales, and all other retail stores, except adult
bookstores, which shall be allowed by special permit only. Specifically
excluded from this definition and use are all resident-only service
uses, as well as tenant rental storage space.
[Amended 4-14-2020 ATM by Art. 23]
B.Â
Mall: an enclosed retail shopping facility containing store(s) for
the display and sale of merchandise within a building containing a
total aggregate floor area of more than 100,000 square feet.
C.Â
Office: office of a business, profession, medical office, and outpatient
clinic, including laboratories incidental thereto and all other office
uses.
D.Â
Bank: bank, loan agency or similar financial facility.
E.Â
Restaurant: establishment where the principal service is the sale
of food and beverage to be consumed at tables within the building
and the incidental sale of food to take out.
F.Â
Fast-food restaurant: an establishment whose principal business is
the sale of preprepared or rapidly prepared food directly to the customer
in a ready-to-consume state for the consumption within the restaurant
building, in an on-premises patio, in automobiles in an on-premises
parking lot, or consumed off premises and usually requires ordering
food at a counter, but may include drive-up window service.
G.Â
Hotel/motel: a building or portion thereof used for the temporary
occupancy of individuals who are lodged with or without meals and
in which provision for cooking is made predominately in a central
kitchen and not in the individual rooms or suites. Said use may incorporate
small shops and restaurants.
H.Â
Lodge and club: private lodge or club operated for members or employees.
I.Â
Funeral home: undertaking or funeral establishment.
J.Â
Veterinary clinic and/or hospital: any establishment maintained and
operated by a Massachusetts licensed veterinarian for routine care,
surgery, diagnosis and treatment of diseases and injuries of animals.
K.Â
Kennel: any premises wherein any person engages in the business of
boarding, buying, letting for hire, training for a fee, or selling
dogs.
L.Â
Personal service shop: barber or beauty shop, tailor or dressmaking
shop, laundry or dry-cleaning shop, copy/blueprint shop, private postal
center.
M.Â
Craft shop and building trade: shop or studio of an artist, sculptor
or craftsperson, repair shop for appliances, office equipment, bicycles,
lawn mowers or similar equipment, printer, carpenter and shop of a
builder, electrician, mason, plumber or similar occupation.
N.Â
Commercial and trade school: private educational facility for profit,
including training centers, business schools, centers for dancing,
martial arts and music or other similar educational facilities for
profit.
O.Â
Amusement facility: indoor facilities, including theater, cinema,
bowling alley and skating rink, with the exception of adult motion-picture
theaters, which are allowed by special permit only.
P.Â
Auto service station: open-air sale of motor vehicle fuel, related
products and services, provided that all maintenance and services,
other than minor service and repair, shall be conducted entirely within
a building.
Q.Â
Auto repair and body shop: establishment where the principal service
is the repair and painting of motor vehicles.
R.Â
Car wash: establishment for washing, waxing or cleaning of automobiles
or similar light motor vehicles.
S.Â
Vehicular dealership: sales rooms and related dealership facilities
for automobiles, trucks, boats, motorcycles, farm implements, light
industrial equipment or open-air display(s) for new and used vehicles.
T.Â
Parking facility: commercial parking lot or parking garage.
U.Â
Parking structure: a multistory accessory structure that is subordinate
to the primary use on site and that is used to park motor vehicles
belonging to employees, customers and visitors. Parking structures
in the PBD shall not be allowed as a primary use nor as a commercial
use. Parking structures shall not be counted toward FAR.
V.Â
Home occupation: any use which is conducted solely by the inhabitants
of the building and carried on strictly within the principal building.
The occupation shall be situated in the same dwelling used by the
person as their private residence. Any such home occupation shall
not be detrimental or objectionable to the residential character of
the neighborhood, including but not limited to the altering of the
exterior appearance of said building, increasing vehicular traffic,
cause the emission of odor, gas or smoke, cause glaring or unshaded
lights, excessive dust, noise, or cause electrical disturbances, including
interference with the reception of television transmissions. An accepted
off-street parking plan shall be provided where additional vehicles
will be attributed to the home occupation.
W.Â
Motor vehicle salvage: cast off, or discarded vehicles or vehicular
parts which have been collected or stored for salvaging or conversion
to some use.
X.Â
Research and development: A use or facility for scientific study
that may include laboratory and manufacturing uses to support research
efforts and manufacturing processes.
Y.Â
Biotechnology facility: a use or facility for the application of
scientific study of biological and life processes for medical instruction
and commercial purposes.
Z.Â
Drive-up window: a commercial facility where a customer may drive
a motor vehicle onto the premises and to a window or a mechanical
device through or by which the customer is provided service without
exiting the vehicle. This shall not include the sale of fuel at a
gas filling station or the accessory functions of a car wash facility,
such as vacuum cleaning stations.
A.Â
Warehouse: warehouse or other building for the storage or wholesale
marketing of materials, merchandise, products or equipment, including
a rail or freight transfer depot, where the principal use of the warehouse
facility is sorting material, merchandise, products or equipment for
reshipment.
B.Â
Bulk material storage and sales: contractor's yard, fuel oil/heating
service facility, lumber yard, self- and mini storage facility, recreational
vehicle center or similar establishment for open and enclosed distribution
or sale at wholesale and retail of material, merchandise, products
or equipment, provided that all smoke, odor, particulate matter, toxic
matter, fire or explosive hazard, glare, noise and vibration shall
be effectively confined to the premises or disposed of in a manner
so as not to pose a present or potential hazard to human health, safety,
welfare or the environment.
C.Â
Light manufacturing: research or testing laboratory; printing or
publishing plant; light manufacturing of building systems and components;
welding shops; fabrication and assembly of electronic components,
precision instruments, or other high technology products; and manufacture
of paper products, light metal products, hardware and office supplies;
provided that all smoke, odor, particulate matter, toxic matter, fire
or explosive hazard, glare, noise and vibration shall be effectively
confined to the premises or disposed of in a manner so as not to pose
a present or potential hazard to human health, safety, welfare or
the environment.
D.Â
General manufacturing: bottling works; laundry or dry-cleaning plant;
assembly and packaging of food and dairy products; indoor breeding
laboratory for medical or scientific research; monument works; concrete
mixing and block plants; manufacturing of textile products; or similar
general manufacturing plants and facilities; provided that all smoke,
odor, particulate matter, toxic matter, fire or explosive hazard,
glare, noise and vibration shall be effectively confined to the premises
or disposed of in a manner so as not to pose a present or potential
hazard to human health, safety, welfare or the environment.
E.Â
Regulated refuse incinerator: See definitions of "refuse" and "regulated refuse incinerator" in § 230-1.5.
F.Â
Nonregulated refuse incinerator: See definitions of "refuse" and "regulated refuse incinerator" in § 230-1.5.
G.Â
Wireless communication towers.
(1)Â
Purpose.
(a)Â
The purpose of these regulations include: minimizing adverse
impacts of wireless communication towers and antennas on adjacent
properties and residential neighborhoods; minimizing the overall number
and height of such facilities to only what is essential, and promoting
shared use of existing facilities to reduce the need for new facilities.
This subsection does not apply to satellite dishes and antennas for
residential use.
(b)Â
For the purposes of this bylaw, a "wireless communication facility"
shall mean a facility for the provision of wireless telecommunication
services regulated by the Federal Communications Commission (FCC)
and described as "personal wireless services" as defined in the Federal
Telecommunications Act of 1996 as amended, and may be an internally
or externally mounted repeater, antenna or array; or may be a freestanding
monopole for the provision of cellular telephone services, personal
communication services, paging services, and specialized mobile radio,
including wireless intended solely for the transmission of data or
internet.
(2)Â
General requirements. No wireless communications facility, which shall include monopoles, shall be erected or installed except in compliance with the provisions of this subsection. In all cases, a special permit is required from the Planning Board (the "Board"). Section 230-5.5, Special permits, of this bylaw shall apply to these applications. Any proposed extension in the height, addition of cells, antennas or panels, or construction of a new or replacement of a facility shall be subject to a new application for a special permit.
(a)Â
Notwithstanding the foregoing or any provision to the contrary in this section, exterior wireless communication antennas (including panels) may be mounted on or attached to existing nonresidential structures, including, but not limited to, water towers, buildings, church steeples, by right in the Reservoir District, Planned Business District, and Industrial 1 District and by special permit in the Industrial 2 and Industrial 3 Districts, provided that they are properly screened and conform to Subsection G(4), Design guidelines, and provided that the wireless communication antenna, including panels and supports, is:
(b)Â
Interior mounted wireless communication facilities are allowed
by right in all Industrial, Business, Planned Business Districts,
and the Reservoir District if such facility and all equipment is located
entirely within an existing building or structure and entirely concealed
from view from the exterior of the building or structure; provided,
however, all equipment is located entirely within an existing building
or structure and entirely concealed from view from the exterior of
the building or structure.
(c)Â
Only freestanding monopoles, with associated antennas and/or panels (freestanding wireless communication facilities), are allowed as specified in Subsection G(4) below. Lattice-style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed.
(d)Â
Wireless communications facilities shall be located in the Reservoir
District, Planned Business District, and the Industrial 1 Zoning District
and shall be suitably screened from abutters and residential neighborhoods.
(e)Â
Where approval involves a freestanding monopole owned or controlled
by the applicant, approval of radio-link equipment shall be conditioned
upon the agreement of the applicant to reasonably cooperate with other
wireless communications services providers in permitting collocation
of antennas on such structure on commercially reasonable terms, unless:
(f)Â
Structures shall be removed within one year of cessation of
use. Annual certification demonstrating continuing compliance with
the standards of the Federal Communications Commission, Federal Aviation
Administration and the American National Standards Institute and required
maintenance shall be filed with the Inspector of Buildings by the
special permit holder.
(g)Â
Special provisions for a gap in wireless coverage. The Planning
Board is authorized to issue a special permit for a wireless communications
facility in accordance with this bylaw in districts where a wireless
communications facility is otherwise prohibited under the Schedule
of Principal Use Regulations[1] subject to the following terms and conditions:
[1]Â
The Planning Board, after public hearing and presentation of
substantial evidence by the applicant, determines that a significant
gap in wireless coverage exists in a portion of the Town; and that
to disallow the location/construction/placement of a wireless communication
facility within a zoning district where a wireless communication facility
would not be permitted would be an effective prohibition of said use
and a violation of Section 704 of the Federal Telecommunications Act
of 1996.
[2]Â
An applicant for a significant gap in wireless coverage determination
must submit such information as may be required, such as mapping of
existing areas of coverage, maps depicting location of wireless coverage
gaps, reports, affidavits and other supplemental narrative information
from a suitably qualified radio frequency engineer(s) or other industry
specialist to clearly demonstrate that a gap in coverage exists and
there are no other suitable locations for the placement of a wireless
communication tower to close the gap. The Planning Board may require
an applicant for a gap in wireless coverage determination to pay the
costs and expenses of an expert or other consultant deemed necessary
by the Board to provide peer review and comment upon the application.
[1]
Editor's Note: The Schedule of Principal Use Regulations is included as an attachment to this chapter.
(3)Â
Application process. All applications for wireless communications facilities, antennas or satellite dishes shall be made and filed on the applicable application form in compliance with the Mansfield special permit application instructions. For an application to be considered complete, all the requirements identified in § 230-5.5, Special permits, must be submitted, in addition to the following requirements:
(a)Â
A locus plan at a scale of one inch equals 1,000 feet.
(b)Â
A color photograph or rendition of the proposed monopole with
its antenna and/or panels. A rendition shall also be prepared illustrating
a view of the monopole or antenna from the nearest street or streets.
(c)Â
The following information prepared by one or more professional
engineers:
[1]Â
Description of the monopole and the technical, economic and
other reasons for the proposed location, height and design.
[2]Â
Confirmation that the monopole complies with all applicable
federal and state standards.
[3]Â
A description of the capacity of the monopole, including the
number and type of panels, antennas and/or transmitter receivers that
it can accommodate and the basis for these calculations.
[4]Â
A complete set of construction documents showing the proposed
method of installation.
[5]Â
A copy of the manufacturer's recommended installation instructions,
if any.
[6]Â
A diagram to scale showing the location of the antenna, property
and setback lines, easements, power lines, all structures and the
distances from all residential zoning districts and the nearest residential
structures.
(d)Â
If applicable, a written statement that the proposed facility
complies with, or is exempt from, applicable regulations administered
by the Federal Aviation Administration (FAA), Federal Communications
Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts
Department of Public Health.
(e)Â
The applicable review and advertising fees as may be amended.
(4)Â
Design guidelines. The following guidelines shall be used when
preparing plans for the siting and construction of all wireless communication
towers:
(a)Â
All monopoles shall be designed to be constructed at the minimum
height necessary to accommodate the anticipated and future use. The
setback of a monopole from the property line of the lot on which it
is located and from the nearest existing monopole shall be at least
equal to the height of the monopole.
(b)Â
No monopole, or attached accessory antenna on a monopole, shall
exceed 90 feet in height as measured from ground level at the base
of the pole. In order to encourage collocation of antennas or panels
on monopoles, the height of a monopole may be increased by 10 feet
for each collocation up to a maximum height of 150 feet. No monopole
shall be constructed which requires guy wires. Monopoles shall not
be located on buildings.
(c)Â
Antennas or dishes located on nonresidential buildings shall
not exceed 12 feet in height above the roofline of the structure.
(d)Â
All wireless communications facilities shall be sited in such
a manner that the view of the facility from adjacent abutters, residential
neighbors and other areas of Town shall be as limited as possible.
All monopoles shall be painted or otherwise colored so they will blend
in with the landscape or the structure on which they are located.
A different coloring scheme shall be used to blend the structure with
the landscape below and above the tree or building line.
(e)Â
Antennas shall be situated on or attached to a structure in
such a manner that they are screened, preferably not being visible
from abutting streets. Antennas shall be located on the landscape
in such a manner so as to minimize visibility from abutting streets
and residences and to limit the need to remove existing vegetation.
All equipment shall be colored, molded and/or installed to blend into
the structure and/or the landscape. Landscaping shall be required
to screen as much of the antenna support structure as possible, the
fence surrounding the antenna support structure, and any other ground-level
features (such as a building). Existing on-site vegetation shall be
preserved to the maximum extent practicable. A combination of existing/native
vegetation, natural topography, human-made features such as berms,
walls, decorative fences and any other features can be used instead
of landscaping if those features achieve the same degree of screening
as the required landscaping.
(f)Â
Wireless communication towers shall be designed to accommodate
the maximum number of users technologically practical. The intent
of this requirement is to reduce the number of facilities which will
be required to be located within the community.
[1]Â
The shared use of existing antenna support structures and approved
antenna support structure sites shall be preferred to the construction
of such new facilities. New monopoles must be constructed to support
a minimum of two antenna arrays from two antenna system providers
or users. The Planning Department shall maintain an inventory of its
existing towers, including specific information about the location,
height, and design of each tower. The Town may share such information
with other persons, organizations or governmental authorities seeking
to locate antennas within the Town.
[2]Â
An applicant for a new monopole structure shall submit a report
inventorying existing nearby antenna support structures and antenna
sites documenting why the existing structures cannot accommodate the
applicant's antenna requirements. In the case of collocation associated
with previous approvals under this bylaw, the pro-rata reimbursement
to the initial applicant from the future provider shall not exceed
55% of the original cost for construction of the antenna support structure.
[3]Â
No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Planning Board that no existing
tower or structure can accommodate the applicant's proposed antenna.
Evidence submitted to demonstrate that no existing tower or structure
can accommodate the applicant's proposed antenna may consist of any
of the following:
[a]Â
No existing towers or structures are located within
the geographic area required to meet applicant's engineering requirements.
[b]Â
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
[c]Â
Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna and related
equipment and cannot be reinforced to provide sufficient structural
strength.
[d]Â
The applicant's proposed antenna would cause electromagnetic
interference with the antennas on the existing towers or structures,
or the antennas on the existing towers or structures would cause interference
with the applicant's proposed antenna.
[e]Â
The fees or costs required to share an existing
tower or structure or to adapt an existing tower or structure for
sharing are unreasonable. Costs below new tower development are presumed
reasonable.
[f]Â
Property owners or owners of existing towers or
structures are unwilling to accommodate the applicant's needs.
[g]Â
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
(g)Â
An applicant proposing a wireless communication tower shall
prove to the satisfaction of the Board that the visual, economic and
aesthetic impacts of the facility on residential abutters will be
minimal. Further, the monopole shall be located a minimum of 500 feet
from the nearest residential structure.
(h)Â
Fencing shall be provided to control access to wireless communications
facilities and shall be compatible with the scenic character of the
Town and shall not be of razor wire.
(i)Â
There shall be no signs, except for "no trespassing" signs and a required sign placed at the base of the pole giving the phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform with the Sign Bylaw (§ 230-4.7 of the Mansfield Zoning Bylaws).
(j)Â
Night lighting of towers shall be prohibited unless required
by the Federal Aviation Administration. Lighting shall be limited
to that needed for emergencies and/or as required by the FAA.
(k)Â
There shall be a minimum of one parking space for each facility,
to be used in connection with the maintenance of the site, and not
to be used for the permanent storage of vehicles or other equipment.
(5)Â
Special permit review.
(a)Â
Applications for special permits shall be approved or approved with conditions if the petitioner can fulfill the requirements of this section and § 230-5.5 to the satisfaction of the Board.
(b)Â
Applications for special permits may be denied if the petitioner
cannot fulfill or address the requirements of these regulations to
the satisfaction of the Board.
(c)Â
When considering an application for a wireless communication
tower, the Board shall place great emphasis on the proximity of the
facility to residential dwellings and its impact on these residences.
New facilities shall only be considered after a finding that existing
(or previously approved) facilities cannot accommodate the proposed
use(s).
(d)Â
When considering an application for an antenna or dish proposed
to be placed on an existing structure, the Board shall place great
emphasis on the visual impact of the unit from the abutting neighborhoods
and street(s).
(6)Â
Small
wireless facilities.
[Added 4-14-2020 ATM
by Art. 27]
(1)Â
Purpose. The Town of Mansfield has established these aesthetic
standards to govern access by wireless carriers, infrastructure companies
or others for installation of small wireless facilities, as defined
by the U.S. Federal Communications Commission, in the Town. These
facilities are commonly called "small cells." The small cells and
all associated equipment are referred to in this section as "small
wireless facilities." These standards are intended to protect the
aesthetic integrity of the Town and to ensure public safety.
(2)Â
General requirements.
(a)Â
No small wireless facility shall be erected or installed except in compliance with the provisions of this subsection. In all cases, a special permit is required from the Planning Board. Section 230-5.5, Special permits, of this bylaw shall apply to these applications; however, the application timeline [the "shot clock"] shall conform to that outlined in the FCC regulations. Any proposed extension in the height, addition of cells, antennas or panels, or construction of a new or replacement of a small wireless facility shall be subject to a new application for a special permit.
(b)Â
This bylaw does not govern access to poles or structures owned
and controlled by the Mansfield Municipal Electric Department. For
small wireless facilities to be located on MMED infrastructure, please
refer to MMED "Technical Standards for Wireless Communications Attachments."
For MMED poles, in the event that the standards of MMED exceed the
requirements of this bylaw, the greater MMED standards apply.
(c)Â
For small wireless facility applications on poles not owned
by the applicant, written permission of the owner, including MMED,
is required separate and distinct from the requirements of this bylaw.
(3)Â
Application process. All applications for small wireless facilities shall be made and filed on the applicable application form in compliance with the Mansfield special permit application instructions. For an application to be considered complete, all requirements identified in § 230-5.5, Special permits, must be submitted, in addition to the following requirements:
(a)Â
A locus plan at a scale of one inch equals 1,000 feet.
(b)Â
A computer-generated image of the proposed small wireless facility
with its antenna and/or panels. Renderings shall also be prepared
illustrating a view of the small wireless facility from the nearest
street or streets. Renderings shall be sketches, drawings and/or computer-generated
imagery of a proposed small wireless facility in 2-D or 3-D perspective.
Each rendering shall contain a front corner perspective depicting
the facility, one side and one rear corner perspective depicting the
rear corner of the facility and one other side.
(c)Â
The following information prepared by one or more professional
engineers:
[1]Â
Description of the small wireless facility and
the technical, economic and other reasons for the proposed location,
height and design.
[2]Â
Confirmation that the small wireless facility complies
with all applicable federal and state standards.
[3]Â
A description of the capacity of the small wireless
facility, including the number and type of panels, antennas and/or
transmitter receivers that it can accommodate and the basis for these
calculations.
[4]Â
A complete set of construction documents showing
the proposed method of installation.
[5]Â
A copy of the manufacturer's recommended installation
instructions, if any.
[6]Â
A diagram to scale showing the location of the
small wireless facility, property and setback lines, easements, power
lines, all structures and the distances from all residential zoning
districts and the nearest residential structures.
(d)Â
If applicable, a written statement that the proposed small wireless
facility complies with, or is exempt from, applicable regulations
administered by the Federal Aviation Administration (FAA), Federal
Communications Commission (FCC), Massachusetts Aeronautics Commission
and the Massachusetts Department of Public Health.
(e)Â
The Planning Board shall from time to time establish an application
fee, an annual recording fee, and a requirement for the applicant
to pay for necessary advertising, in accordance with federal law.
(4)Â
Design guidelines. Typical pole-mounted small cell equipment
comprises:
(a)Â
Antennas on the upper part of pole. Height limit of antenna
shall be 48 inches (four feet);
(b)Â
Radios, fiber terminations and other equipment located in enclosures
or cabinets;
(c)Â
A power meter and power disconnect switch, usually located in
two separate, smaller enclosures;
(d)Â
Power disconnect must be mounted outside areas that exceed RF
exposure limits (per FCC).
(5)Â
General technical requirements and guidelines.
(a)Â
No new poles or structures shall be installed where poles do
not currently exist, unless the applicant can demonstrate to the Town's
satisfaction that there is no other option to provide service.
(b)Â
Small wireless facilities by a single provider should be installed
with a minimum spacing of 200 feet in residential areas.
(c)Â
Stealth design elements shall be used to the extent feasible.
(d)Â
Tapered shapes that smoothly integrate into structures (avoiding,
for example, new rectangular boxes) shall be used to the extent feasible.
(e)Â
The applicant shall minimize the size and aesthetic difference
between a replacement structure and the original pole or structure.
(f)Â
Equipment in the public way must not violate any ADA requirements.
(g)Â
In all cases, the placement of small wireless facilities shall
be consistent with existing structures and aesthetics, in harmony
with the surroundings and as unobtrusive as possible.
(h)Â
In the event an applicant seeks to place a small wireless facility
in a manner that does not comply with these standards, a variance
from the Zoning Board of Appeals will be required.
(6)Â
Use of existing utility poles. MMED maintains sole authority
over the access to and suitability of the MMED pole or other MMED
structure for the use of small wireless facilities. If no such MMED
poles are available, applicants should submit an application pursuant
to this bylaw for making attachments on new or alternate poles or
other structures. For MMED poles, in the event that the standards
of MMED exceed the requirements of this bylaw, the greater MMED standards
apply.
(7)Â
RF exposure. Applicant shall comply with all provisions and
guidelines of FCC OET Bulletin 65 and Town regulations, as may be
amended from time to time.
(8)Â
RF signage requirements: approved signage as may be required
by the Select Board.
(9)Â
Cessation of use. Any special permit issued hereunder by the
Planning Board shall contain conditions requiring that small wireless
facilities installed pursuant to this bylaw shall be removed within
one year of cessation of use.
A.Â
Mixed business and residential use: In the Business 1 (B1), Business 2 (B2), Business 4 (B4) and Industrial 3 (I3) Districts, both nonresidential and residential uses are permitted on the same lot in conformance with § 230-4.2B.
[Amended 4-12-2016 ATM
by Art. 27]
B.Â
Adaptive reuse of historic structures.
(1)Â
Purpose
and intent.
(a)Â
The purpose and intent of the Adaptive Reuse of Historic Structures
Bylaw is to preserve Mansfield's cultural, architectural and historic
built landscape, while allowing the reuse of vacant or underutilized
nonresidential buildings in any zoning district for purposes other
than those for which they were originally designed and built.
(b)Â
It is further the purpose and intent of this section of the Zoning
Bylaw to provide standards and guidance for the revitalization and
reuse of structures with 2,000 square feet or more of gross building
area and which may require a mix of uses for successful reuse.
(c)Â
When considering an application for a special permit for adaptive
reuse of an historic structure, the Planning Board will evaluate the
historic and architectural significance of the building(s), the social
legacy, impacts on the streetscape, efficient reuse of the site and
existing infrastructure and adherence to sustainable development practices.
(2)Â
Applicability. Adaptive reuse of historic structures may be
allowed in any zoning district by special permit granted by the Planning
Board as special permit granting authority, subject to the following
criteria:
(a)Â
An application for a special permit filed under the Adaptive
Reuse of Historic Structures Bylaw shall include a mix of land uses;
and
(b)Â
The structure shall contain a minimum of 2,000 square feet of
gross building area; and
(c)Â
The primary use or activity for which the structure was constructed
and/or used is no longer conducted within said structure; and
(d)Â
The structure must have been in existence and actively used
prior to the adoption of the Mansfield Zoning Bylaw in February 1953;
and
(3)Â
Submission requirements.
(a)Â
While the former and proposed uses may not be uses normally
allowed within the underlying zoning district, the applicant shall
adhere, as closely as possible, to the current zoning requirements
for the zoning district in which structure is located.
(b)Â
Site lighting, landscaping, parking, field screening and buffering
shall all be carefully and thoughtfully located to result in the minimum
impact possible on abutting properties.
(c)Â
Parking shall be the total of the minimum number of off-street parking spaces required in § 230-4.4A, Off-Street Parking Schedule, for each use. If the proposed uses do not occur at the same time, parking spaces may be shared. If the use is not included in the Zoning Bylaw, the Planning Board may make a reasonable determination of whether the number of proposed spaces is ". . .adequate to provide off-street parking for the proposed use."
(d)Â
Plan sets submitted with an application shall include the following information in addition to that required pursuant to Zoning Bylaw § 230-5.5:
(e)Â
Narrative shall include the following information (also see Zoning Bylaw § 230-5.5):
(4)Â
Application
and permitting process.
(a)Â
Applicants are encouraged to meet and discuss their development proposal
with staff prior to filing any applications.
(b)Â
Applicants should review all submission requirements prior to filing.
Incomplete applications will not be accepted for filing.
(c)Â
Prior to submission to the Planning Board for public hearing, plans
shall be distributed to staff for review and written comment. A staff
meeting shall be held with the development team to review and discuss
staff comment and discuss plan revisions, as may be necessary.
(5)Â
Planning
Board public hearing.
(a)Â
The Planning Board shall hold a public hearing in accordance with
MGL c. 40A, §§ 9, 11 and 15.
(b)Â
The required time limits for a public hearing and action on the application
may be extended by written agreement between the applicant and the
Planning Board as special permit granting authority. The written agreement
shall be filed with the Town Clerk’s office.
(6)Â
Vote.
(a)Â
When such time is reached that all relevant information has been
shared with the Planning Board and enough material has been submitted
to render a fully informed decision, the Planning Board shall put
the special permit for an adaptive reuse development proposal to a
vote;
(b)Â
Approval of the special permit shall require affirmative votes by
five of the seven members of the Planning Board, with each member
voting individually;
A.Â
Yards and coverage.
(1)Â
A detached accessory building may be erected in the rear yard
area at least 10 feet from the principal building and at least five
feet from any side or rear lot line, and in conformance with the front
yard requirement of the district in which it is located. An accessory
building attached to its principal building shall be considered an
integral part thereof and as such shall be subject to the front, side
and rear yard requirements applicable to the principal building.
(2)Â
A detached accessory building may cover as much as 25% of the
rear yard area required for the principal building.
(3)Â
A permit for the use of a home trailer may be granted immediately
(bypassing the three-week waiting period) upon request by any family
whose home has been destroyed and/or badly damaged by fire and/or
rendered unfit to be occupied for the duration of restoration and/or
complete construction for a maximum limit of one year, renewable at
the discretion of the granting authority.
The special permit granting authority shall not issue a special
building permit for a newly created accessory apartment in a detached,
one-family dwelling unless the following conditions and requirements
are met:
A.Â
The owner of the dwelling in which the accessory apartment is created
shall occupy either of the dwelling units in the structure. For the
purposes of this section, the "owner" shall hold title to the dwelling,
and for whom the dwelling is the primary residence for voting and
tax purposes.
[Amended 4-14-2020 ATM by Art. 29]
B.Â
There shall be no more than one accessory apartment within a one-family
dwelling.
C.Â
There shall be no additional boarders or lodgers within either unit
of a dwelling with an accessory apartment.
D.Â
The gross floor area of the dwelling shall have been at least 2,000
square feet as of January 1, 1989, which amount shall be verified
in the records of the Building Inspector or Board of Assessors.
E.Â
The maximum gross floor area of the accessory apartment shall not
exceed 40% of the gross floor area of the dwelling as of January 1,
1989.
F.Â
There shall not be more than one bedroom in an accessory apartment.
G.Â
Where the structure is not connected to the public water and/or sanitary
sewer systems, the applicant shall obtain a positive recommendation
from the Board of Health.
H.Â
The accessory apartment shall be designed so that the appearance
of the structure remains that of a one-family dwelling, subject further
to the following conditions and requirements:
(1)Â
All stairways to second and third stories shall be enclosed
within the exterior walls of the dwelling, with the exception of an
open staircase which may be permitted at the rear of the building
when, in the opinion of the Planning Board, such an open staircase
does not detract from the single-family character of the building.
(2)Â
There shall be no enlargements or extensions of the dwelling
in connection with any accessory apartment except for minimal additions
necessary to comply with building, safety or health codes, or for
enclosure of an entryway, or for enclosure of a stairway to a second
or third story, or the addition of a deck or porch, which may be permitted
at the rear of the building when, in the opinion of the Planning Board,
such a deck or porch does not detract from the single-family character
of the building.
I.Â
Parking.
(1)Â
Each parking space and the driveway leading thereto shall be
paved or shall have an all-weather gravel surface. No motor vehicles
shall be regularly parked on the premises other than in such a parking
space.
(3)Â
There shall be no more than four outdoor parking spaces on the
lot.
(4)Â
No parking space shall be located within the boundary of a street
right-of-way.
(5)Â
Where there are more than two outdoor parking spaces, they shall
be screened with evergreen or dense deciduous plantings, walls, fence,
or a combination thereof. Screening shall be sufficient to minimize
the visual impact on abutters and to maintain the single-family appearance
of the neighborhood.
A.Â
A nonconforming use is the use of any building or land lawfully occupied
at the time of the adoption of this bylaw which does not conform to
the requirements of the district in which it is located.
B.Â
Any building, part of a building, or land which at the time of the
adoption of this bylaw is being put to a nonconforming use may be:
(1)Â
Continued in that use, provided such use has not been abandoned
for a period of one year.
(2)Â
Changed, extended or altered.
(a)Â
In all districts, the change, extension or alteration of a preexisting nonconforming structure or use may be allowed when authorized to do so by the Zoning Board of Appeals in accordance with the provisions of § 230-7.2, Board of Appeals, after a public hearing; provided, however, that such change, extension, or alteration does not create a new noncompliance with any other use or dimensional requirement of this bylaw.
(c)Â
Any change, extension, alteration, or reconstruction to a preexisting,
nonconforming single- or two-family residential structure shall not
be considered an increase in the nonconforming nature of the structure
and shall be permitted by right under the following circumstances:
[1]Â
For the normal repair or replacement of parts of
said structure;
[2]Â
When the change, extension, alteration, or reconstruction
will also comply with all applicable sections of the Zoning Bylaw
in effect at the time of the application for a building permit, if
the existing structure is located on a lot which is nonconforming
as the result of a previous zoning change;
[3]Â
When the change, extension, alteration, or reconstruction will comply with all applicable sections of the Zoning Bylaw in effect at the time of the application for a building permit, including, but not limited to, setbacks, yard and building coverage, and height requirements. In cases where the applicant seeks to increase the height of a structure that encroaches on a required setback, where any increase in height will occur within such encroachment, there shall be no change, extension, alteration, or reconstruction as of right under this section, and Subsection B(2)(b) shall apply.
(3)Â
Changed to a similar use or to a more restricted use, provided
that when changed it shall not be returned to a less restricted use.
(4)Â
Rebuilt or restored at the same location and again used as previously in the case of a building destroyed or damaged by fire, explosion or other catastrophe, provided that said owner shall apply for a building permit and start operations for restoring or rebuilding on said premises within 12 months after such catastrophe; and further provided that the buildings as restored shall be only as great in volume or area as the original nonconforming structure, unless relief has been granted in accordance with § 230-7.2B.
All other uses which, based on the opinion of public safety
officials as well as appropriate Town boards and committees, may be
hazardous or injurious to the community or to properties in the vicinity
are expressly prohibited in all zoning districts in the Town as are
all uses not specifically permitted by this bylaw.