Town of Easton, MA Special District Regulations

§ 235-46 Aquifer Protection Overlay District (APOD).

Findings. Town of Easton finds the following conditions to occur:

The ground water underlying the town is the sole source of its existing and future drinking water supply;

The ground water aquifers are integrally connected with and flow into the surface waters, lakes, ponds and streams which constitute significant recreational and economic resources used for water related recreation and fishing;

(3)

Accidental spills and discharges of petroleum products and other toxic or hazardous materials and sewage discharge have repeatedly threatened the quality of such ground water supplies and related water resources throughout Massachusetts, posing potential public health and safety hazards and threatening economic losses to affected communities;

Aquifer Protection Overlays Districts; Establishment and Location. The Aquifer Protection Overlays District (APOD) shall be as delineated on the Zoning Map of the Town of Easton and shall be superimposed over any other district established by this chapter. They are based upon a five-foot contour interval water table map, surficial geologic mapping and ground water modeling.

[Amended 5-15-2017 ATM by Art. 29]

Prohibited Uses. Within an APOD, the following uses are specifically prohibited:

(1)

Sales or storage of fuels;

(2)

Junk yards;

(3)

Municipal sewage treatment facilities with on-site disposal of primary or secondary treated effluent;

(4)

Packaged sewage treatment plants;

(5)

Car washes;

(6)

Road salt stockpiles not stored in approved structures;

(7)

Dumping of snow from outside the district;

(8)

Dry cleaning establishments;

(9)

Motor vehicle and boat service and repair facilities;

(10)

Metal plating establishments;

(11)

Veterinary clinic/animal hospital;

(12)

Planned Industrial Development;[1]

[1]

Editor's Note: Former Subsection C(12), Planned Business Development, was repealed 5-15-2017 ATM by Art. 29. This bylaw also renumbered former Subsection C(13) through (18) as Subsection C(12) through (17), respectively.

(13)

Chemical and bacteriological laboratories;

(14)

Any other use which involves as a principal activity the manufacture, storage, use, transportation or disposal of toxic or hazardous materials, except as allowed by special permit in this section;

(15)

Sanitary Landfills; specifically excluded from this provision is the continued use and vertical expansion of the existing municipal sanitary landfill off Prospect Street in accordance with approval by the Massachusetts Department of Environmental Protection (DEP);

(16)

Solid waste facilities; with the specific exception that the existing landfill located off Prospect Street may be converted to a composting facility and/or a solid waste transfer station;

(17)

Land filling of sludge and septage.

Density Regulations. Residential dwellings shall be permitted only at a density not greater than that allowed in Article IV.

Special Permit Uses. Within the APODs the following uses shall be allowed only upon receipt of a special permit from the Planning & Zoning Board:

(1)

Any use involving toxic or hazardous materials in quantities greater than those associated with normal household use;

(2)

Golf courses, either private or public;

Special Permits; Procedures. The Special Permit Granting Authority (SPGA) under this Section shall be the Planning & Zoning Board. Such special permits shall be granted if the SPGA determines, in conjunction with the other Town agencies indicated below, that the intent of this Section, as well as its criteria, are met. In making such a determination, the SPGA shall give consideration to the simplicity, reliability and feasibility of the control measures proposed and the degree and threat to water quality which would result if the control measures fail.

(1)

Review by Other Town Agencies. Upon receipt of the special permit application, the SPGA shall transmit one copy to the following: Department of Public Works, Water Division, Board of Health, Zoning Board of Appeals, Conservation Commission and the Building Commissioner for their written recommendations. Failure to respond within 30 days shall indicate approval or no desire to comment by said agency. The necessary number of copies of the application shall be furnished by the applicant.

Special Permit; Criteria. In lieu of the criteria set forth in § 235-56B, special permits under this Section shall be granted only if the SPGA determines, in conjunction with the Department of Public Works, Water Division, that ground water quality resulting from on-site wastewater disposal and other on-site operations remains within current EPA and DEP standards for drinking water at the downgradient property boundary.

Special Permit; Submittals. In applying for a special permit required by this section, the applicant shall provide the following information:

(1)

A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous materials to be manufactured, used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect all storage containers/facilities from vandalism, corrosion and leakage and to provide for the control of spills.

(2)

A description of potentially toxic or hazardous wastes to be generated, indicating storage and disposal methods.

(3)

Evidence of approval by the DEP of any industrial waste treatment or disposal system or any wastewater treatment system with a capacity of 15,000 gallons per day or more.

(4)

Projections of downgradient concentrations of nitrogen and other relevant chemicals at property boundaries and other locations deemed pertinent by the SPGA. Projections shall be based upon appropriate ground water models and the following information/standards:

(a)

Nitrogen loading calculations.

[1]

Wastewater per person: five lbs. of nitrogen per year

[2]

Persons per dwelling: three

[3]

Lawn fertilizers: two lbs. of nitrogen per 1,000 square feet of lawn area per year

[4]

Road runoff: 0.19 lbs. of nitrogen per curb mile per day

[5]

Background nitrogen concentration: actual field measurements

(b)

Groundwater flow and impacts to drinking water and supply wells.

[1]

Identify probably impacted water supply well(s) by constructing flow lines on the Easton Water Table Map (IEP, 1986) downgradient of the proposed site

[2]

Use 15 inches per year for sand and gravel and seven inches per year for till for aril recharge rates

[3]

Determine the value for hydraulic conductivity from the closest downgradient public water supply well in the Easton Aquifer Protection Plan (IEP, 1986)

[4]

Determine the saturated thickness of the site as shown on the Saturated Thickness Map (IEP, 1986) supplemented with on-site borings.

(5)

When an application is made for a building permit which involves the use of land in the APOD, the Building Commissioner shall require that the applicant for such a permit provide a plan of the lot on which the proposed development is intended showing two-foot contour intervals. The datum shall be the National Geodetic Vertical Datum and the bench marks shall be identified on the plan. The plan shall be stamped by a Registered Engineer or Registered Land Surveyor. The Building Commissioner shall transmit one copy of the plan to the following Town agencies for written comments: Department of Public Works, Water Division, Board of Health, Planning & Zoning Board and Conservation Commission.

Design and Operations Guidelines. The following design and operation guidelines shall be observed within the APODs.

(1)

Safeguards. Provisions shall be made to protect against toxic or hazardous material discharge or loss resulting from corrosion, accidental damage, pillage or vandalism through such measures such as:

(a)

Prohibition of underground fuel storage tanks;

(b)

Spill control provisions in the vicinity of chemical or fuel delivery points;

(c)

Secured storage areas for toxic or hazardous materials;

(d)

Indoor storage provisions for corrodible or dissolvable materials;

(e)

A closed vapor recovery system for each structure which allows the evaporation of toxic or hazardous materials into its interior to prevent discharge of contaminated condensate into the ground water.

(2)

Location. Where the premises are partially outside the APOD, potential pollution sources such as on-site waste disposal systems shall be located outside the District to the extent feasible.

(3)

Disposal. For any toxic or hazardous wastes to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with MGL c. 21C, as amended.

(4)

Drainage. All runoff from impervious surfaces shall be recharged on the site, diverted towards areas covered with vegetation for surface infiltration to the extent possible. Dry wells shall be used only where other methods are not feasible and shall be preceded by oil, grease and sedimentation traps to facilitate removal of contaminants.

Violations. Written notice of any violations of this Section shall be provided by the Building Commissioner to the owner of the premises with said notice specifying the nature of the violation(s) and a schedule of compliance, including cleanup of any spilled materials. This compliance schedule must be reasonable in relation to the public health hazard involved and the difficulty of compliance. In no event shall more than 30 days be allowed for either compliance or finalization of a plan for longer-term compliance.

§ 235-47 Flood Plain Overlay District (FPOD).

Purpose. The purpose of the Flood Plain Overlay District (FPOD) is to preserve and protect streams, brooks, ponds, lakes, and other water courses and their adjoining lands within the Town; to protect the health and safety of persons and property against the hazards of flooding; to preserve the natural flood control characteristics, and the flood storage capacity of the flood plain, and to preserve and maintain the ground water table and water recharge areas within the flood plain; to protect the community against the detrimental use and the development of lands adjoining such water courses and to conserve the watershed areas of the Town for the health, safety, and welfare of the public.

District Delineation. The Floodplain Overlay District (FPOD) is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Easton designated as Zone A, AE, AH, AO, A1-30, A99, on the Bristol County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Bristol County FIRM that are wholly or partially within the Town of Easton are panel numbers 25005C0033F, 25005C0034F, 25005C0041F, 25005C0042F, 25005C0043F, 25005C0044F, 25005C0052F, 25005C0053F, 25005C0054F, 25005C0061F, 25005C0062F, 25005C0063F, 25005C0064F, 25005C0068F, 25005C0132F, 25005C0151F, 25005C0152F and 25005C0156F dated July 7, 2009. The exact boundaries of the District may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Bristol County Flood Insurance Study (FIS) report dated July 7, 2009. The FIRM and FIS report are incorporated herein by reference and are on file with the Planning and Zoning Board.

Overlay District. The Flood Plain District is established as an overlay district to all other Districts and these overlain districts shall be subject to all requirements of the Flood Plain District. All developments in the FPOD, including structural and non-structural activities, whether permitted by right or by special permit must be in conformance with Chapter 227 Town of Easton By Law, Chapter 131, Section 40 of the Massachusetts General Laws and with the following:

(1)

Section of the Massachusetts State Building Code which addresses flood plain and coastal high hazard areas (currently 780 CMR 120.G "Flood Resistant Construction and Construction in Coastal Dunes");

(2)

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

(3)

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

(4)

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

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

(1)

Agricultural uses such as farming, grazing, truck farming, horticulture, and the like;

(2)

Forestry and nursery uses;

(3)

Outdoor recreational uses, including fishing, boating, play areas, and the like;

(4)

Conservation of water, plants, wildlife;

(5)

Wildlife management areas, foot, bicycle, and/or horse paths

(6)

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

(7)

Buildings lawfully existing prior to the adoption of these provisions.

Standards.

(1)

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

(2)

No encroachment, including fill, new construction, substantial improvements, and other developments within the regulatory floodway will be allowed unless it has been demonstrated through hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in an increase in flood levels within the community during the occurrence of the base flood discharge, as per Section 60.3(d)(3) of the National Flood Insurance Program Regulations.

(3)

Within Zone A at any location where the one-hundred-year flood elevation is not shown on the FIRM, the Planning & Zoning Board, may utilize any base flood elevation and floodway data available from Federal, State, or other official sources as criteria for requiring that new construction, substantial improvements or other development within Zone A meet 44 CFR 60.

(4)

Within Zone A at any location where the one-hundred-year base flood elevation is not specifically delineated on the FIRM and no base flood elevations and floodway data is available from Federal, State, or other official sources, the base flood elevation shall be developed by a Registered Professional Engineer, assuming seven inches of rain falling on the watershed area over a twenty-four-hour period.

(5)

Base flood elevation data shall be required for all new subdivisions and other proposed development (including for manufactured home parks and subdivisions), as per Section 60.3(b)(3) of the National Flood Insurance Program regulations. Should all areas of the site be above the base flood elevations, it should be so noted on the plans.

(6)

In a riverine situation, the Building Commissioner shall notify adjacent communities, the National Flood Insurance Program State Coordinator at the Massachusetts Department of Conservation and Recreation and the National Flood Insurance Program Specialist at the Federal Emergency Management Agency, Region I prior to any alteration or relocation of a watercourse and submit copies of such notifications to the Coordinating Agency Administrator, as per Section 60.3(b)(6) of the National Flood Insurance Program Regulations and Flood Hazard Management Program Model By Laws for Floodplain Districts, Article III Notification of Watercourse Alteration.

(7)

Floodway Data. In Zones A, A1-30, and AE, along with watercourses that have not had a regulatory floodway designated the best available Federal, State, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(8)

Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser.

Exceptions. The following exceptions are specifically exempted from § 235-47:

(1)

All residential, commercial, business, educational and municipal buildings and those portions only of their lots therefore needed for such repair, rebuilding, modifications, or enlargement thereof;

(a)

existing in the FPOD as of March 7, 1973; or

(b)

for which building permits were issued prior to March 7, 1973.

(2)

All buildings referred to above may be repaired, rebuilt, modified or enlarged, including but not limited to, the addition of garages or living space and construction of appurtenant use of the building together with such filling, diking, and/or as may be necessary for the protection of said structures from flooding consistent with all other laws of the Commonwealth of Massachusetts and this Section. It should be noted that exceptions to this Section do not constitute exceptions to appropriate state regulations.

Prohibited Uses. Dumping, filling, excavating or transferring of any material which will reduce the natural storage capacity of the land, interfere with the patterns of any watercourses or degrade the quality of surface or ground water within this District is prohibited, except as provided in Subsection F herein and activities that are incidental to flood or mosquito control work performed by and under the direction of an authorized government agency or activities incidental to the agricultural uses described in § 235-47C.

Land Not Subject. If any land within the FPOD is found by the Board of Appeals not to be subject to seasonal or periodic flooding and unsuitable drainage conditions, the Board of Appeals, may, after a public hearing with due notice, approve the use of such land and for the construction and erection of a building or structure for any purpose permitted in the underlying District, subject, however, to any other applicable provision of the Zoning By Law. Prior to the required public hearing, the Board of Appeals shall refer the case to the Planning & Zoning Board, the Board of Health, and the Conservation Commission for their review and report. Such report must be issued within 45 days of receipt of the question. Failure to respond by any such Board or Commission within the said 45 day limit will be deemed an approval of any Board or Commission.

§ 235-48 Queset Commercial District (QCD).

Purpose. The Quest Commercial District (QCD) has been established to promote and regulate development in the emerging commercial corridor on Washington Street (Route 138) from its intersection with Route 123 on the north (Belmont Street) to Depot Street on the south. The availability of sewer capacity from the nearby Queset Commons Chapter 40R project is expected to spur interest in and development of this area. The other purposes of the QCD are to:

(1)

Promote public health, safety, and welfare by encouraging creative development of commercial properties;

(2)

Preserve community character while enhancing economic opportunity;

(3)

Establish requirements, standards, and guidelines that will ensure predictable, fair and cost-effective development review and permitting; and

(4)

Establish development standards to allow context-sensitive design and creative site planning.

Subdistricts. In order to improve the public realm, create a more desirable and attractive district, and provide incentives for economic development or redevelopment, the QCD has been divided into three subdistricts as shown on the QCD Map dated April 15, 2015:

(1)

Subdistrict A is the most advantageous location to add potential additional sewer capacity, and has other market draws such as access to Route 24 and proximity to Stonehill College.

(2)

Subdistrict B is intended to be the connection between Subdistricts A and C and includes smaller, centrally-located parcels.

(3)

Subdistrict C is intended to have higher densities than Subdistrict B as it is the other main entrance to the district.

Map. The location and boundaries of the QCD and its subdistricts are shown on the Map entitled "Queset Commercial District," prepared by RKG Associates Inc., dated April 15, 2015. The QCD Map is hereby made a part of the Zoning By-Law. Copies of the QCD Map are available in the office of the Planning & Zoning Board and the Town Clerk.

Site Plan Approval Required. All new development or redevelopment in the Queset Commercial District shall be subject to site plan approval pursuant to § 235-57, herein. In addition to the Criteria for Evaluation set forth therein, the criteria set forth in Section 7.6 of the "Administrative Rules and Regulations" of the Easton Planning & Zoning Board shall apply.

Design Standards for Commercial Buildings. The Planning & Zoning Board is hereby authorized to reasonably regulate building design, including, but not limited to, the following aspects: building facades and materials; architectural elements; building height and roof lines; building height transition planes; entrances to the street; use of glass; relation to pedestrian scale.

Design Standards for Landscaping and Site Development. The Planning & Zoning Board is hereby authorized to reasonably regulate landscaping and site development, including, but not limited to, the following aspects: location of accessory receptacle or structure; composition of landscaping irrigation; type and number of required plantings; required open space; sidewalks; crosswalks; street lights and poles.

Design Standards for Lighting and Utilities. The Planning & Zoning Board is hereby authorized to reasonably regulate lighting and utilities, including but not limited to, the following aspects: Type, arrangement, and shielding of lighting; reduction of glare and overspill onto adjacent properties and into the night sky; underground wiring.

Design Standards for Off-Street Parking and Loading. The Planning & Zoning Board is hereby authorized to reasonably regulate off-street parking and loading, including, but not limited to, the following aspects: number and location of curb cuts and common driveways; location of parking and loading facilities; design, surface treatment, lighting, and other requirements; interior landscaping for parking areas; shared parking; sidewalks and pedestrian paths; car stops; bicycle parking facilities.

Waiver of Design Standards. The Planning & Zoning Board may waive any dimensional requirement (except building height) and design standard set forth in this Section or its "Administrative Rules and Regulations" of the Easton Planning & Zoning Board upon a determination that such waiver is in the public interest and not inconsistent with the intent and purpose of this Section.

§ 235-49 Large-Scale Ground Mounted Solar Photovoltaic Installation Overlay District (SPOD).

Purpose. The purpose of this Section is to facilitate the creation of new Large-Scale Ground-Mounted Solar Photovoltaic Installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on environmental, scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations. The provisions set forth in this Section shall apply to the construction, operation, repair, and/or removal of Large-Scale Ground-Mounted Solar Photovoltaic Installations greater than 250 kW on at least five acres of land in the SPOD. Any installation qualifying as a Large-Scale Ground-Mounted Solar Photovoltaic Installation shall require Site Plan Review in accordance with § 235-57 of this chapter.

Definitions. See Article XI, "Large-Scale Ground Mounted Solar Photovoltaic Installation Overlay District."

Overlay District. The Large-Scale Ground-Mounted Solar Photovoltaic Installation Overlay District, hereinafter referred to as the "SPOD", is an overlay district that is superimposed over the underlying zoning districts, as shown on the Zoning Map as set forth on the map entitled "Large-Scale Ground-Mounted Solar Photovoltaic Installation Zoning Map," dated May 16, 2011, attached hereto as Appendix B. This map is hereby made a part of the By-Law and is on file in the Office of the Town Clerk.

Applicability. This Section applies to Large-Scale Ground-Mounted Solar Photovoltaic Installations greater than 250 kW that occupy no less than five acres of land proposed to be constructed in the SPOD. This Section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment. Such facilities shall be located in the SPOD and shall be subject to Site Plan Review and the Standards and Requirements contained herein. Site Plan Review shall also be required if there are any physical modifications that materially alter the type, configuration, or size of these installations or related equipment.

(1)

Municipal facilities owned, operated by, or developed for and on behalf of the Town of Easton are allowed as-of-right without Site Plan Review, but must meet the other requirements of this Section.

(2)

Smaller scale ground- or building-mounted solar electric installations which are an accessory structure to an existing residential or non-residential use do not need to comply with this Section, but require a building permit and must comply with the other provisions of this chapter as may be applicable.

General Requirements for all Large-Scale Ground-Mounted Solar Photovoltaic Installations. The following requirements are common to all solar installations to be sited in the SPOD.

(1)

Compliance with Laws, Ordinances and Regulations. The construction and operation of all Large-Scale Ground-Mounted Solar Photovoltaic Installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar installation shall be constructed in accordance with the State Building Code.

(2)

Building Permit and Building Inspection. No Large-Scale Ground-Mounted Solar Photovoltaic Installation shall be constructed, installed or modified as provided in this Section without first obtaining a building permit.

(3)

Fees. The application for a building permit for a Large-Scale Ground-Mounted Solar Photovoltaic Installations must be accompanied by the fee required for a Building Permit [and Special Permit] and as required by § 235-57, Site Plan Review.

Site Plan Review. Large-Scale Ground-Mounted Solar Photovoltaic Installations shall undergo Site Plan Review in accordance with § 235-57 of this chapter by the Planning & Zoning Board prior to construction, installation or modification as provided in this Section and shall also meet the requirements of this Section. Municipal facilities are not subject to Site Plan Review, but must meet other requirements of this Section including but not limited to the Design and Performance Standards. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in Massachusetts. The project applicant shall provide the following documents in addition to or in coordination with those required for Site Plan Review.

(1)

Site Plan. The Site Plan must include the following:

(a)

Property lines and physical features, including roads and topography, for the project site;

(b)

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures including their height;

(c)

Locations of wetlands, Priority Habitat Areas defined by the Natural Heritage & Endangered Species Program (NHESP);

(d)

Locations of Floodplains or inundation areas for moderate or high hazard dams;

(e)

Locations of Priority Heritage Landscapes and local or National Historic Districts;

(f)

A list of any hazardous materials proposed to be located on the site in excess of household quantities and a plan to prevent their release to the environment as appropriate;

(g)

Blueprints or drawings of the solar installation signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;

(h)

One or three line electrical diagram detailing the solar installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

(i)

Documentation of the major system components to be used, including the electric generating components, transmission systems, mounting system, inverter, etc.;

(j)

Name, address, and contact information for proposed system installer;

(k)

Name, address, phone number and signature of the project applicant, as well as all co-applicants or property owners, if any;

(l)

The name, contact information and signature of any agents representing the project applicant;

(m)

Fire protection measures;

(n)

Storm drainage, including means of ultimate disposal and calculations;

(o)

Existing trees 10 inches caliper or better and existing tree/shrub masses; proposed planting, landscaping, and screening. Every abutting property shall be visually screened from the project through any one or combination of the following location, distance, plantings, existing vegetation and fencing. Said screening is not required to exceed six feet in height and the Applicant shall demonstrate that the proposal provides visual screening;

(p)

Certified list of abutters.

(2)

Site Control. The project applicant shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar installation.

(3)

Operation and Maintenance Plan. The project applicant shall submit a plan for the operation and maintenance of the Large-Scale Ground-Mounted Solar Photovoltaic Installation, which shall include measures for maintaining safe access to the installation, stormwater management (consistent with DEP's Stormwater Regulations and the Town of Easton's Stormwater Regulations) and vegetation controls, as well as general procedures for operational maintenance of the installation.

(4)

Zoning. Zoning District designation for the parcel(s) of land comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose).

(5)

Insurance. The project applicant shall provide proof of liability insurance.

(6)

Financial Surety. Applicants of Large-Scale Ground-Mounted Solar Photovoltaic Installation projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning & Zoning Board, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project applicant and the Town. Such surety will not be required for municipal facilities. The project applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

(7)

Utility Notification. No Large-Scale Ground-Mounted Solar Photovoltaic Installation shall be constructed until evidence has been given to the Planning & Zoning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar installation owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

Dimensional Requirements.

(1)

Setbacks. For Large-Scale Ground-Mounted Solar Photovoltaic Installations, front, side and rear setbacks shall be as follows.

(a)

Front yard: The front yard depth shall be at least 100 feet.

(b)

Side yard. Each side yard shall have a depth of at least 75 feet; provided, however, that where the lot abuts a Residential district, the side yard shall not be less than 100 feet.

(c)

Rear yard. The rear yard depth shall not be less than 75 feet; provided, however, that where the lot abuts a Residential district, the rear yard shall not be less than 100 feet.

(2)

Appurtenant Structures. All appurtenant structures to Large-Scale Ground-Mounted Solar Photovoltaic Installations shall be subject to reasonable regulations adopted by the Planning & Zoning Board after a public hearing concerning the bulk and height of structures, lot area, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

Design and Performance Standards.

(1)

Lighting. Lighting of Large-Scale Ground-Mounted Solar Installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be shielded from abutting properties. Lighting of the Large-Scale Ground-Mounted Solar Photovoltaic Installations shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

(2)

Signage. Signs on Large-Scale Ground-Mounted Solar Photovoltaic Installations shall comply with § 235-29. A sign consistent with § 235-29 shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Large-Scale Ground-Mounted Solar Photovoltaic Installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar installation.

(3)

Utility Connections. Electrical transformers or other utility interconnections shall be constructed as required by the utility provider and may be above ground only if necessary. Reasonable efforts shall be made to place all utility connections from the Large-Scale Ground-Mounted Solar Photovoltaic Installation underground (if feasible), depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider.

(4)

Roads. Access roads shall be constructed to minimize grading, removal of stone walls or street trees and minimize impacts to environmental or historic resources.

(5)

Control of Vegetation. Herbicides may not be used to control vegetation at the Large-Scale Ground-Mounted Solar Photovoltaic Installation. Mowing or the use of pervious pavers or geotextile materials underneath the solar array is a possible alternative.

(6)

Hazardous Materials. Hazardous materials stored, used, or generated on site shall not exceed the amount for a Very Small Quantity Generator of Hazardous Waste as defined by the DEP pursuant to Mass DEP regulations 310 CMR 30.000 and shall meet all requirements of the DEP including storage of hazardous materials in a building with an impervious floor that is not adjacent to any floor drains to prevent discharge to the outdoor environment. If hazardous materials are utilized within the solar equipment, then impervious containment areas capable of controlling any release to the environment and to prevent potential contamination of groundwater are required.

Safety and Environmental Standards.

(1)

Emergency Services. The Large-Scale Ground-Mounted Solar Photovoltaic Installation owner or operator shall provide a copy of the project summary, electrical schematic, and Site Plan to the local Fire Chief, Highway Superintendent, and Emergency Management Director. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan including the training of any municipal first responders. All means of shutting down the Large-Scale Ground-Mounted Solar Photovoltaic Installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

(2)

Land Clearing, Soil Erosion and Habitat Impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the Large-Scale Ground-Mounted Solar Photovoltaic Installation or otherwise prescribed by applicable laws, regulations, and bylaws.

Monitoring, Maintenance and Reporting.

(1)

Solar Installation Conditions. The Large-Scale Ground-Mounted Solar Photovoltaic Installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Management Director. The owner or operator shall be responsible for the cost of maintaining the solar installation and any access road(s).

(2)

Modifications. All material modifications to a Large-Scale Ground-Mounted Solar Photovoltaic Installation made after issuance of the required building permit shall require approval by the Planning & Zoning Board.

(3)

Annual Reporting. The owner or operator of the installation shall submit an Annual Report demonstrating and certifying compliance with the Operation and Maintenance Plan required herein and the requirements of this Section and their approved site plan including control of vegetation, noise standards, and adequacy of road access. The annual report shall also provide information on the maintenance completed during the course of the year and the amount of electricity generated by the facility. The report shall be submitted to the Select Board, Planning & Zoning Board, Fire Chief, Emergency Management Director, Building Commissioner, Board of Health and Conservation Commission (if Wetlands Permit was issued) no later than 45 days after the end of the calendar year.

[Amended 11-12-2019 STM by Art. 13]

Abandonment or Decommissioning.

(1)

Removal Requirements. Any Large-Scale Ground-Mounted Solar Photovoltaic Installation which has reached the end of its useful life or has been abandoned (see Subsection K(2), below) shall be removed. The owner or operator shall physically remove the installation no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Planning & Zoning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

(a)

Physical removal of all Large-Scale Ground-Mounted Solar Photovoltaic Installations, structures, equipment, security barriers and transmission lines from the site;

(b)

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; and

(c)

Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

(2)

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the Large-Scale Ground-Mounted Solar Photovoltaic Installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning & Zoning Board. If the owner or operator of the Large-Scale Ground-Mounted Solar Photovoltaic Installation fails to remove the installation in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove the installation at the owner's expense.

(3)

Financial Surety. Applicants shall submit documentation of financial surety that satisfies § 235-49F(6).

§ 235-50 Medical Marijuana Treatment Center Overlay District (MMOD).

Purpose. The purpose of this Section is provide for the placement of Medical Marijuana Treatment Centers (MMTCs), consistent with the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1, et seq., in locations suitable for lawful medical marijuana facilities; and to mitigate adverse impacts of MMTCs on adjacent properties, residential neighborhoods, historic districts, schools, playgrounds and other locations where minors congregate by regulating the siting, design, placement, security, and removal of MMTCs.

Definitions. See Article XI, "Medical Marijuana Treatment Center Overlay District."

Overlay District. The Medical Marijuana Dispensary Overlay District, hereinafter referred to as the "MMOD", is an overlay district that is superimposed over the underlying zoning districts, as shown on the Zoning Map and as set forth on the map entitled "Medical Marijuana Dispensary Overlay District," dated May 27, 2014, attached hereto as Appendix B. This map is hereby made a part of this chapter and is on file in the Office of the Town Clerk. The MMOD shall not limit, preclude or otherwise affect any uses that are permitted in the underlying zoning district.

General Requirements for all Medical Marijuana Treatment Centers. MMTCs may be permitted in the MMOD only pursuant to a Special Permit. The Planning & Zoning Board shall be the Special Permit Granting Authority (SPGA) for a MMTC special permit. The construction and operation of all Medical Marijuana Treatment Centers shall be consistent with all applicable local, state and federal requirements, including but not limited to the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1, et seq.

Location. MMTCs may not be located within 500 feet of the following. The distances under this subsection is measured in a straight line from the nearest point of the property line of the protected uses hereinto the nearest point of the property line of the proposed MMTC.:

(1)

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

(2)

Child Care Facility or Day Care Center;

Library;

Playground;

Public Park;

Youth and/or recreation center;

(7)

Public swimming pool;

(8)

Similar facility in which minors commonly congregate including but not limited to a place of worship; dance, arts or martial arts studio; or tutoring center.

(9)

MMTCs may not be located within 1,000 feet of another MMTC.

(10)

MMTCs may not be located within 200 feet of an existing, legal residential use. The distance under this subsection is measured in a straight line from the nearest point of the legal residential building to the nearest point of the proposed MMTC building.

Site Plan Review. Medical Marijuana Treatment Centers shall undergo Site Plan Review in accordance with § 235-57 by the Planning & Zoning Board prior to construction, installation or modification and shall also meet the requirements of this Section. The Application for Site Plan Review shall be submitted with the Application for Special Permit.

Additional Required Documents. In addition to the materials required under § 235-57, the applicant shall include:

(1)

A copy of its registration as an MMTC from the Massachusetts Department of Public Health ("DPH");

(2)

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

(3)

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

(4)

A description of the security measures, including employee security policies, approved by DPH for the MMTC;

(5)

A copy of the emergency procedures approved by DPH for the MMTC;

(6)

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

(7)

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

(8)

A copy of proposed waste disposal procedures; and

(9)

A description of any waivers from DPH regulations issued for the RMD.

Special Permit Conditions. The Planning & Zoning Board, acting as the Special Permit Granting Authority (SPGA) shall impose conditions reasonably appropriate to improve site design, traffic flow, public safety, protect water quality, air quality, and significant environmental resources, preserve the character of the surrounding area and otherwise serve the purpose of this Section. In addition to any other specific conditions applicable to the applicant's MMTC, the Planning & Zoning Board may include the following conditions in any special permit granted hereunder:

(1)

Hours of Operation, including dispatch of home deliveries.

(2)

The permit holder shall file a copy of any Incident Report required under 105 CMR 725.110(F) with the Zoning Enforcement Officer and the Planning & Zoning Board within 24 hours of creation.

(3)

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

(4)

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

(5)

The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the MMTC.

(6)

The special permit shall lapse upon the expiration or termination of the applicant's registration by DPH.

(7)

The permit holder shall notify the Zoning Enforcement Officer and Planning & Zoning Board in writing within 48 hours of the cessation of operation of the RMD or the expiration or termination of the permit holder's registration with DPH.

§ 235-51 Queset Smart Growth Overlay District (QSGOD).

Note: The QSGOD was adopted by Town Meeting under MGL c. 40R in 2006. The QSGOD is incorporated by reference as part of this chapter. The text of the QSGOD is included as an attachment to this chapter.

§ 235-51.1 Compact Neighborhood Overlay Districts. [1]

[Added 5-21-2018 ATM by Art. 33]

General regulations that apply to all Compact Neighborhood Zoning Overlay Districts.

(1)

Purpose.

(a)

It is the purpose of this Section to establish Compact Neighborhood Overlay Districts and to encourage development in accordance with the goals of the Envision Easton Master Plan adopted by the town on December 8, 2014 by creating diverse housing types that are not readily available in current housing stock and that meets the needs of residents seeking smaller homes in a neighborhood setting; and to foster a range of housing opportunities to be proposed in a distinctive and attractive site development program that promotes compact design, preservation of open space, proximity to services and employment opportunities. Projects proposed hereunder shall apply for a Special Permit consistent with the following provisions.

(b)

Objectives of this Section are to:

[1]

Provide a mechanism by which residential development can contribute directly to increasing the supply and diversity of housing;

[2]

Provide an opportunity for a variety of residential development and, where appropriate, mixed-use development, including both new construction and renovation of existing buildings, within a distinctive, attractive and livable environment;

[3]

Promote continuing development and redevelopment in Easton that is pedestrian friendly and consistent with Easton's history and architecture;

[4]

Provide for a diversified housing stock, by means of smaller lots that minimize the footprint of development and enhance open space at a variety of costs within walking distance of services;

[5]

Ensure high quality site planning, architecture and landscape design that enhances the distinct visual character and identity of Easton and provides an environment with safety, convenience and amenity;

[6]

Encourage adoption of energy efficient building practices and sustainable construction methods.

(2)

Definitions. For purposes of this Section, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under this § 235-51.1A(2). To the extent that there is any conflict between the definitions set forth in this Section and the Zoning Bylaw, the terms of this Section shall govern.

COMPACT NEIGHBORHOOD OVERLAY DISTRICTS

Zoning overlay districts established by this Section and as delineated in Subsection B below, for the purposes of creating diverse housing types meeting the needs of residents seeking smaller homes in a neighborhood setting.

DEVELOPABLE ACRE

A contiguous acre of land where full development, compliant with the Zoning established in this Chapter 235, is not limited by wetlands or other constraints.

FRONTAGE

The length of a front lot line adjacent to a street, provided however that the minimum frontage required by this chapter shall be satisfied by a continuous, uninterrupted segment of such frontage.

HEIGHT

Measured as the vertical distance from the mean grade of the natural ground contiguous to the building, as such ground existed prior to construction at the location of existing or proposed exterior walls ("Grade Plane"), to the mean height of the highest roof surface. For new subdivisions the Grade Plane shall be calculated based upon finished grades as shown on site plans approved by the Planning & Zoning Board. The limitation shall not apply to chimneys, vents, and other similar features provided such features do not cover more than 15% of the area of the roof of the building or other structure and in no way are used for human occupancy.

LOT

A parcel of land which is or may be occupied by a principal building and its accessory buildings, together with such open yard areas as are required under the provisions of this § 235-51.1. To be used for building purposes, such lot must have frontage on a street as defined in this Section, excepting only a preexisting lot exempted by the provisions of Section 6 of Chapter 40A of the Mass. General Laws. A lot line is a boundary of a lot.

MASTER PLAN

The Envision Easton Master Plan adopted by the Easton Planning and Zoning Board and Zoning Board, as amended.

MIXED USE

Structure in which multifamily use is permitted as of right or by special permit with allowed commercial uses.

PRINCIPAL BUILDING

The primary structure located on any Lot, wherein the Principal Use is conducted.

PRINCIPAL USE

The primary use to which the premises are devoted, and the main purpose for which the premises exist.

RECREATIONAL USES

Active and passive recreational uses, including but not limited to ball fields; and passive recreational uses, including but not limited to walking and bicycle paths. Amusements or motorized uses shall not be considered eligible recreational uses.

SITE PLAN

A plan depicting a proposed Development Project for all or a portion of the Compact Neighborhood Overlay District and which is submitted to the Planning and Zoning Board for its review and approval in accordance with provisions of this chapter.

ZONING BYLAW

The Zoning Bylaw of the Town.

(3)

Overlay districts.

(a)

General Establishment - A Compact Neighborhood Overlay Districts (CNOD) is established pursuant to this § 235-51.1, and as delineated in Subsection B hereof, and shall be deemed to overlay the parcels as shown on the Zoning Map of the Town of Easton, as amended. Each district shall consist of greater than three contiguous acres of developable land.

(b)

Underlying Zoning - The CNOD is an overlay district superimposed on all underlying zoning districts. Except as limited herein, the underlying zoning shall remain in full force and effect, and the Applicant shall have the option of applying for a Special Permit pursuant to the zoning controls set forth in this § 235-51.1 or complying with all applicable zoning controls set forth in the Zoning Bylaw of the Town of Easton for the underlying district(s) or for other overlay zoning that may be therein defined.

(c)

Applicability of CNOD - In accordance with the provisions provided herein, an Applicant for a Project located within the CNOD may seek a Special Permit in accordance with the requirements of this § 235-51.1. Projects proposed hereunder shall not be subject to any limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to building permit or dwelling unit limitations, including but not limited to any rate of development limitations provided in the Zoning By-law. When a building permit is issued for any Project approved in accordance with this § 235-51.1, the dimensional and use provisions of the underlying district(s) shall no longer be applicable to the land shown on the plan which was submitted pursuant to § 235-51.1 for such Project.

(4)

Performance standards. All permitted uses must comply with the Performance Standards set forth in § 235-30.

(5)

Procedures.

(a)

Development under this § 235-51.1 may be authorized upon the issuance of a Special Permit by the Planning & Zoning Board. See the Planning & Zoning Board's Rules and Regulations for specific application and procedural requirements.

(b)

Prior to submitting an application for Special Permit the applicant shall schedule a pre-application meeting through the Planning & Economic Development Office to discuss the proposed project.

(6)

Decision. The Planning & Zoning Board may approve, approve with conditions, or deny an application for development under the CNOD after determining the development promotes the purposes of this section.

Establishment and delineation of Compact Neighborhood Overlay Districts.

(1)

Foundry Compact Neighborhood Zoning Overlay. Establishment and Delineation of the Foundry CNOD - The Foundry CNOD is an overlay district that is superimposed over the Underlying District. The boundaries are delineated as the "Foundry Compact Neighborhood Overlay District" on the Official Zoning Map of the Town of Easton on file in the office of the Town Clerk, said map hereby made a part of the Easton Zoning Bylaw.

(a)

Allowed uses include:

[1]

Residential.

[2]

Home occupation.

[3]

Other uses as allowed in the Business District as set forth in Appendix A Table of Use Regulations of this Zoning Bylaw.

(b)

Density, Dimensional and Other Requirements - Applications for a Special Permit shall be governed by this Section and the Design Standards for the Foundry CNOD.

[1]

Dwelling units are to be detached single family dwellings, duplexes or triplexes. Each dwelling unit shall not exceed a maximum of 1,800 s.f. gross floor space.

[2]

A maximum of four dwelling units per Developable Acre shall be allowed.

[a]

The maximum number of bedrooms per dwelling unit shall be two.

[Added 5-20-2019 ATM by Art. 31]

[3]

To encourage sensitive siting of buildings and better overall site design applicants are encouraged to modify lot size, shape, and other dimensional requirements for lots within the Foundry CNOD, subject to the following limitations:

[a]

Lots having reduced area or frontage shall not have frontage on a street other than a street created pursuant to a Special Permit under this Section; provided, however, that the Planning & Zoning Board may waive this requirement where it is determined that such reduced lot(s) are consistent with existing development patterns in the neighborhood.

[b]

Side and rear yards shall be at least 10 feet, except as otherwise provided in this Section.

(c)

Architectural Design Standards. Detailed plans prepared by a registered architect or other qualified residential designer depicting elevations of the proposed dwelling units shall be submitted to the Planning and Zoning Board with the Application for Plan Approval.

(d)

Streets and Utilities.

[1]

Road layouts should be designed to provide visual interest, promote walkability and contributed to a sense of neighborhood and place.

[2]

All streets, along with all sewage, drainage facilities and utilities, shall be designed and constructed in compliance with the Town of Easton Subdivision Rules and Regulations, except as specifically modified by the Planning & Zoning Board.

[3]

Roads shall include sidewalks providing access both within the residential development and to the adjoining public way.

(e)

Landscape Design Standards.

[1]

Detailed Plans prepared by a registered landscape architect depicting proposed landscaping shall be submitted to the Planning and Zoning Board with the Application for Plan Approval.

[2]

Landscaping should be designed to provide shade, buffer and visual appeal appropriate to the development and surrounding environment.

[1]

Editor's Note: This section was originally adopted as § 235-52, but, as a § 235-52 already existed, was renumbered as § 235-51.1 to maintain the numbering format of the Code.

§ 235-51.2 Furnace Village District (FVD).

[Added 11-30-2020 STM by Art. 17]

Purposes. The purposes of the Furnace Village District are to:

(1)

Facilitate development of commercial and mixed uses in an activity center designated by the Town for economic growth;

(2)

Align the Town's zoning with planned infrastructure and wastewater improvements;

(3)

Promote live/work environment that is less automobile dependent and more pedestrian-oriented;

(4)

Encourage sustainability and walkable design in commercial and mixed-use developments;

(5)

Implement the goals and policies of the Easton Master Plan; and

(6)

Strengthen the Town's tax base.

(7)

Facilitate the preservation and productive use of historic resources located within the Furnace Village National Register Historic District;

Subdistricts. The Furnace Village District shall have the following subdistricts as shown on the Zoning Map:

(1)

Depot Street Subdistrict, the subdistrict designated for moderately intensive commercial and mixed-use development in the district;

(2)

Residential Transition Subdistrict, the subdistrict designated for less intensive, predominantly residential uses; and

(3)

Eastman Street Subdistrict, a commercial and mixed-use activity center designated for intensive commercial and mixed-use development.

(4)

Furnace Village Business District, a commercial and mixed-use activity center to maintain existing business uses and allow for multi-family and mixed use.

Site Plan Approval.

(1)

All development in the Furnace Village District shall be subject to site plan approval under § 235-57 of this Bylaw. In addition to the Criteria for Evaluation set forth in § 235-57, the criteria in Section 7.4 and other sections of the "Administrative Rules and Regulations" of the Easton Planning and Zoning Board shall apply.

(2)

The Planning and Zoning Board may prepare and adopt a Furnace Village District Guidance Document to provide clarifying interpretation and explanation of the Design Standards for Commercial and Mixed-Use Development in § 235-51.2 below. The Guidance Document shall be on file with the Department of Planning and Community Development.

Density and Dimensional Regulations. Development in the Furnace Village District shall comply with the requirements in Appendix B of this Zoning Bylaw including Special Dimensional Regulations.

Use Regulations. Uses shall be in accordance with Appendix A2 of this Zoning Bylaw except as provided below. Where any conflict exists between Appendix B and this § 235-51.2, this Section shall control. Multifamily dwellings shall not be subject to § 235-40A.

Furnace Village Major Development.

(1)

For purposes of this § 235-51.2, a Furnace Village Major Development shall be any development involving 25,000 sf or more of floor area in the Depot Street and Eastman Street, and Business Subdistricts.

(2)

The Planning and Zoning Board may grant a special permit for multifamily dwellings in a Furnace Village Major Development provided they are on the same lot as and situated behind a commercial or mixed-use building that conforms to the requirements of this § 235-51.2.

Affordable Housing. In the Eastman, Depot or Business Subdistrict, any development with 10 or more residential units shall include affordable units as defined in § 235-60 in the amount of a minimum of 10% of the total residential units. Affordable units shall not count toward the maximum number of residential units allowed. Affordable units shall be restricted in perpetuity or for the longest period allowed by law. Any calculation resulting in a fractional unit of more than 0.4, shall be rounded up.