Town of Dalton, MA Uses Subject to Special Requirements

In addition to or in modification of other applicable provisions of this bylaw, the following uses are subject to special requirements and provisions as set forth herein.

§ 350-53 New two-family dwellings.

[Amended 10-20-1997 STM by Art. 2; 5-5-2014 ATM by Art. 22]

New two-family dwellings may be permitted by special permit from the SPGA provided the following conditions are met:

The minimum lot areas in each district where permitted shall be as follows:

	Districts	Minimum Lot Area (square feet)
	R-1	Not permitted
	R-2	20,000
	R-3	11,500
	R-4	70,000

All other dimensional requirements as set forth in § 350-24 shall apply.

Design of the proposed dwelling shall not detract from the character and appearance of the surrounding neighborhood.

Off-street parking shall be provided in compliance with Article X of this bylaw, and its configuration determined to be consistent with the character of the surrounding neighborhood.

No outside fire escapes or outside stairways leading to any floor or story above the first floor or story shall be permitted, except as authorized by the Board of Appeals.

§ 350-54 New multifamily dwellings with six or fewer dwelling units.

[Amended 10-20-1997 STM by Art. 2; 5-5-2014 ATM by Art. 22]

New multifamily dwellings, containing six or fewer dwelling units, may be authorized by special permit from the SPGA in accordance with the following requirements:

Information with application. Any application for a special permit under this section shall be accompanied by such plans and information as are required herein or as may be reasonably required by the SPGA in order that the proposal of the applicant may be clearly understood and compliance with the provisions, intent and purposes of this bylaw can be established:

(1)

A key map at a scale of not less than one inch to 800 feet showing the relation of the subject property to adjoining properties, existing streets, roads and railroad rights-of-way within 1,000 feet of any part of the property.

(2)

A map indicating the uses of all property within 200 feet of the proposed site, including any subdivided lands, parks, or other open spaces or uses, residences, businesses, industries, or other buildings or structures, such uses to be shown on a drawing scale.

(3)

Topographic map of the property at two-foot contour intervals, showing the existing and proposed grades and the location of natural features, such as streams, wetlands, rock outcrops and major trees six inches or more in diameter at a point of four feet above ground level.

Location. The applicant shall provide such maps, plans, drawings or reports as are necessary to indicate that the proposed development shall be so located as not to create traffic hazards, and that essential community services shall be available and adequate for the development or that suitable provision will be made assuring these services at the developer's expense.

Site plan. Any application for a special permit under this section shall be accompanied by a site plan which shall indicate, but not be limited to the following:

(1)

All existing and proposed buildings, structures, parking areas, driveways, service areas and other open uses;

(2)

Preliminary architectural drawings of proposed multiple dwelling;

(3)

All facilities for sewage, refuse and other waste disposal;

(4)

Location of all existing and proposed site improvements including surface water drainage, water supply and sewerage facilities;

(5)

Landscape features, including lawns, recreation areas, fences, walls, screening, walks and proposed outdoor lighting and signs;

(6)

A detailed computation of total lot area, and lot coverage by all buildings, structures, internal ways and parking areas;

(7)

Site plan or any portion thereof, involving engineering, architecture or land surveying, shall be prepared by a duly registered engineer, architect, landscape architect or land surveyor. A site plan may be prepared on one or more sheets to show clearly the information required herein and to facilitate the review and approval of the plan. Every site plan shall show the name of the development, the name and address of the record owner and developer, north point, scale, date, all easements or rights-of-way provided for public services or utilities. It shall reserve a blank space in the upper right corner three inches wide and five inches high for the use of the approving authority. Site plans shall be prepared to a scale of not smaller than one inch equals 100 feet.

Impact statement. Any application for a special permit under this section must be accompanied by an impact statement which details the probably effects of the proposed development on the following aspects of concern to the Town:

(1)

Load on municipal utilities and future demand for them;

(2)

Increases in vehicular traffic and public safety;

(3)

Attendance at public schools;

(4)

Land erosion, loss of tree cover, and pollution of water;

(5)

Disturbance of other aspects of the natural ecology, and relationship to the Natural Resources Inventory of the Town;

(6)

Relationship with the character of surrounding development.

Waiver of requirements. Strict compliance with any of the foregoing requirements may be waived by the SPGA, with or without a written request by the applicant, when, in the judgment of the SPGA, such waiver is not contrary to the public interests and not inconsistent with the provisions, intent and purposes of this bylaw.

Access and internal ways. Vehicular and pedestrian circulation facilities shall be provided for safe and convenient use in accordance with reasonable site planning standards.

Off-street parking.

(1)

Off-street parking shall be provided in accordance with the provisions of Article X of this bylaw except that the minimum parking area per dwelling unit, if provided in a garage on the lot, may be reduced by 25%.

(2)

No space shall be considered available for parking which reduces the effective width of a driveway to less than 16 feet.

(3)

Parking and play areas shall be do designed and located as to be safely and conveniently accessible from the buildings which they are intended to serve.

Site plan review and approval.

(1)

Any multiple dwelling development authorized under this section shall be subject to site plan review by the Conservation Commission, the Planning Board and the Board of Health. The SPGA shall not render any decision on the application for a special permit unless the Board of Health has approved those aspects of the development which come under its jurisdiction or 35 days have elapsed from the date of submittal to the Board of Health without a report.

(2)

In considering an application for a special permit under this section, the SPGA will give serious consideration to the facts and information contained in the site plan, and the impact statement verified by the concerned Town agencies, and especially to the reports and recommendations as related to the impact statement from various Town boards and agencies.

(3)

The SPGA may impose such additional, reasonable conditions on any such development as it finds necessary in the interests of the Town and public health, safety and welfare, including but not limited to fencing, screening and greater setback requirements for the protection of abutting residential uses.

(4)

Any site plan may be revised by following the same procedure as required for the original approval.

(5)

A site plan, once approved, shall become a part of the permit.

Certificate of occupancy. No certificate of occupancy shall be issued for use of any building or structure or use of land under this section, unless the building or structure is constructed or used or the land is developed or used in conformity with an approved site plan or any amendment of such plan. A certified copy of an as-built site plan must be filed prior to issuance of the certificate of occupancy.

Bond requirement. Unless the installation of public services and construction of common facilities such as internal streets, walkways, parking and play areas, drainage, landscaping and screening has been completed, no certificate of occupancy shall be issued by the Inspector of Buildings for any part of the development until the applicant shall have filed in the office of the Town Clerk a bond with surety satisfactory to the SPGA and approved as to form and legality by the Town Counsel. Such bond shall be in the amount sufficient in the judgment of the SPGA to secure the completion of such work in compliance with all applicable statutes, ordinances, and regulations, and in accordance with the approved site plan.

Development standards.

(1)

Table of Dimensional Requirements for New Multifamily Dwellings in districts where permitted.

[Amended 10-27-1997 STM by Art. 2]

		Minimum Lot Area		Minimum Yards
Districts	For three dwelling units	Additional per dwelling unit (square feet)	Frontage (feet)	Front (feet)	Side (feet)	Rear (feet)
R-1	Not permitted
R-2	Not permitted
R-3	15,000	4,000	100	40	40	40
R-4	80,000	10,000	250	50	50	50

(2)

The maximum lot coverage by buildings, structures, internal ways and parking areas, shall not exceed 25% of the total lot area in R-3 and 15% in R-4.

(3)

No off-street parking area shall be located in any required front, side or rear yard as set forth in the foregoing table.

(4)

Front yard and all open areas shall be suitably landscaped and maintained with grass, trees, shrubs or walks.

(5)

Every multifamily dwelling must be connected to Town sanitary sewer and community water supply systems.

§ 350-55 Conversion of existing dwelling to accommodate not more than six dwelling units.

[Amended 10-20-1997 STM by Art. 2; 5-5-2014 ATM by Art. 22]

Any existing dwelling may be converted to not more than six dwelling units by special permit from the SPGA, providing the following conditions are met:

The minimum additional available lot area for each additional dwelling unit over and above the minimum set forth for dwellings in § 350-24 for the district shall be as follows:

	District	Square Foot Increase Per Added Unit
	R-1	Not permitted
	R-2	5,000
	R-3, B-1, B-2	4,000
	R-4	10,000

Fire escapes and outside stairways leading to any floor or story above the first floor or story shall be located within the building or on the rear of the building where practicable, and shall not be located on any building wall visible from a street except when so authorized by special permit.

Any such converted dwelling shall retain substantially its original appearance and general character.

Off-street parking shall be provided in accordance with requirements as set forth in Article X of this bylaw.

Every conversion containing more than two dwelling units must be connected to Town sewer and community water supply system.

§ 350-56 Conversion of existing nonresidential building to accommodate one or more dwelling units.

[Amended 5-5-2014 ATM by Art. 22]

Any existing nonresidential use of building or portion thereof may be converted to one or more dwelling units by special permit from the SPGA, providing the following conditions are met:

Continued nonresidential use of building or portion thereof and/or land is determined to be impractical or undesirable.

Adequate transition/buffer zones are included.

Any such converted building shall retain substantially its original appearance and general character.

Fire escapes shall be located within the building.

Dwelling units must be connected to Town sewer and community water supply system.

Traffic is not substantially increased relative to former use.

Off-street parking shall be provided in accordance with requirements as set forth in Article X of this bylaw.

§ 350-57 Temporary use of mobile home as dwelling.

Except as provided in Article XIII, a mobile home may be occupied as a temporary residence by special permit from the SPGA, subject to approval of water supply and sewerage facilities by the Board of Health, under the following conditions:

[Amended 5-5-2014 ATM by Art. 22]

(1)

As a temporary residence of a supervisor or guard on the premises of a construction job in any district.

(2)

As a temporary residence on a lot for which a building permit has been properly issued for the construction of a dwelling, for a period not to exceed six months.

Except as provided herein, no mobile home may be occupied, or used for any purpose, or stored in the open in any district, unless so authorized by the Board of Appeals for a period not exceeding 30 days.

Notwithstanding any other provision of this section, a mobile home may be occupied as a temporary dwelling for a period not to exceed 12 months by the owner and occupier of a residence which has been destroyed by fire or other natural disaster while the residence is being rebuilt on the same lot subject to the provisions of the State Sanitary Code.

§ 350-58 Neighborhood retail center.

A neighborhood retail center as defined in this bylaw may be allowed by special permit from the Planning Board subject to the following special provisions and requirements:

More than one principal building on a lot. In a neighborhood retail center, more than one principal building may be erected on the lot provided such lot is at least one acre in area and that it meets the minimum lot width requirements for the respective district as set forth in § 350-24 of this bylaw.

Location; accessways.

(1)

The proposed use shall be located with relation to major thoroughfares and uses in the neighborhood as not to create traffic hazards and as not to adversely affect such other uses in the neighborhood;

(2)

The proposed use shall not draw excessive traffic to and through local streets in nearby residential areas;

(3)

Where the proposed use is adjacent to a residential district or residential or institutional use, or park or playground, such use shall be screened along such property line, and any driveway providing access to such use shall not be less than 50 feet from such adjacent lot line;

(4)

Within the development, vehicular and pedestrian circulation facilities shall be provided for safe and convenient use in accordance with reasonable site planning standards.

Parking areas.

(1)

Parking areas shall comply with Article X of this bylaw, and shall be so located, designed, landscaped and screened as to minimize the adverse visual impact of such areas.

(2)

Parking areas shall be paved with hard surface such as bituminous concrete, and shall be so designed as to provide adequate surface water drainage at all times and not adversely affect other uses.

Signs. No more than one development sign in conjunction with a group listing may be erected and maintained in addition to one or more accessory signs as provided in § 350-110A of this bylaw.

§ 350-59 Camping facilities.

A camping facility as defined in this bylaw may be allowed by special permit from the Board of Appeals subject to the following provisions and requirements:

No building or structure shall be located within 100 feet of any side lot line.

No driveway providing access from the street for such use shall be located within 50 feet of any side lot line.

Camping sites, parking spaces for campers or trailers, and unenclosed recreational facilities shall be located not less than 100 feet from any property line and shall be screened in such a manner as not to be visible from adjacent lots.

Where outdoor lighting is provided for activities after normal daylight hours, such lights shall be extinguished not later than 11:00 p.m. Lighting shall be so shielded as to cast no direct light upon adjacent property or public ways.

No public address system shall be permitted except where such system is inaudible at any property line.

Within the development, vehicular and pedestrian circulation facilities shall be provided for safe and convenient use in accordance with accepted site planning standards.

The operator shall provide a minimum area of 2,400 square feet with a minimum width of 25 feet for each campsite, exclusive of any parking spaces.

Any such development having more than 25 campsites shall have at least two access roadways from a public way.

Camping areas shall comply with the Commonwealth of Massachusetts Department of Health regulations governing such campsites and any other laws and regulations pertaining to the establishment and maintenance of such use. No special permit shall be issued unless and until the Board of Health of Dalton has approved water supply, sewage, and refuse disposal methods and other aspects of the development which come under its jurisdiction.

§ 350-60 Planned unit office or research center.

A planned unit office or research center, as defined in this bylaw, may be permitted by special permit from the Planning Board subject to the following special provisions and requirements:

In a planned unit office or research center more than one building may be permitted on the lot provided the minimum size of the lot for any one or combination of such uses is 10 acres, the minimum frontage on a public way is 300 feet, and the maximum lot coverage by buildings and structures is 5%.

No building or structure, except signs as specified in Article XVIII, shall be located closer than 100 feet to any street line or property line.

Off-street parking shall be provided in the amount equal to the total of the requirements for all uses in accordance with off-street parking regulations of this bylaw. Parking or loading facilities which are located within 50 feet of any property line of abutting residential or institutional use shall be provided with a continuous screen along such property line.

No driveway providing access from the street to such property shall be closer than 50 feet from any adjacent property line.

Any such use shall comply with the performance standards as set forth in Article XVI of this bylaw.

No special permit shall be issued for any such use unless and until the Board of Health of Dalton has approved water supply, sewage, and refuse disposal methods and other aspects of the development which come under its jurisdiction.

§ 350-61 Earth removal.

Purpose. It is the intent of the following regulations and requirements to provide for the public safety; to control noise, air or water pollution, erosion, vibration and landslides; to protect neighboring residential properties from any adverse effects which may be caused by this use; to provide for the restoration of the land for its reuse at the termination of the extractive activity, and to protect the area from becoming an eyesore.

Activities affected.

(1)

All removal of earth materials, such as topsoil, borrow, sod, loam, peat, humus, clay, sand, gravel or rock from land not in public use, anywhere in the Town is hereby prohibited unless done in strict compliance with a special permit granted hereunder by the Planning Board, except as authorized under the provisions of Subsection F(10) of the Table of Use Regulations of § 350-29 of the Zoning Bylaw. The term "removal" as used herein shall mean stripping, digging, piling or excavating the earth materials from one lot or removing it away from said lot.

(2)

This bylaw shall not apply to a removal operation which is the subject of an official valid permit or license issued in writing prior to the effective date of this bylaw, or which is being conducted in compliance with the requirements of a subdivision plan approved by the Planning Board.

(3)

Earth removal operations consisting of less than 10 cubic yards in any twelve-month period shall be exempt from any or all of the requirements as set forth herein.

Requirements.

(1)

Any application shall be accompanied by a plan prepared by a professional civil engineer and land surveyor registered in Massachusetts. The plan shall contain the following:

(a)

Names and addresses of all abutters, including those across any street or way;

(b)

Existing grades in the area, and in the surrounding area, from which the above material is to be removed, together with the proposed finished grades at the conclusion of the operation, and the proposed cover vegetation and trees. Grades shall be shown at two-foot intervals;

(c)

Property lines and any existing monuments;

(d)

Existing watercourses and water bodies;

(e)

Access route(s);

(f)

Phased areas, if any;

(g)

Proposed disposal of existing foliage and trees.

(2)

Cost of review by the Town's consulting engineers shall be borne by the applicant.

(3)

A performance bond in an amount determined by the Planning Board shall be posted in the name of the Town assuring satisfactory performance in the fulfillment of the requirements of this bylaw.

(4)

Removal shall not take place at any grade less than one foot above the grade level of any adjacent street or way, or below a level that would reasonably be considered a desirable grade for the later development of the area, or below the grades specified on the plan accompanying the permit application.

(5)

During removal operations, no slope shall exceed one foot vertical rise to 1 1/2 feet horizontal distance or the natural angle of repose of the material in a dry state, whichever is the lower, except in ledge rock.

(6)

Area of excavation shall be established by the Planning Board.

(7)

Provisions, as deemed necessary by the Conservation Commission, shall be made for safe drainage of water, and for prevention of wind or water erosion carrying material onto adjoining properties.

(8)

Soil shall not be disturbed within 150 feet of boundaries of the premises, except at the conclusion of operations if required in order to improve the overall grading.

Conditions, safeguards and limitations.

(1)

Before granting a permit, the Planning Board shall give due consideration to the location of the proposed earth removal, to the general character of the neighborhood surrounding such location and to the general safety of the public on the public ways in the vicinity.

(2)

The Planning Board may set conditions, including but not limited to, duration of the permit, hours of the day during which removal may take place, hours during which vehicles may leave the premises and screening necessary to shield the operations from adjoining properties and public ways.

Restoration. Forthwith following the denial of a permit under this section or the expiration or withdrawal of a permit, or upon voluntary cessation of operations, or upon completion of removal in a substantial area, that entire area shall be restored as follows:

[Amended 10-20-1997 STM by Art. 2]

(1)

All land shall be so graded that no slope exceeds one foot vertical rise in three feet horizontal distance and shall be so graded as to safely provide for drainage without erosion.

(2)

All boulders larger than 1/2 cubic yard shall be removed or buried.

(3)

The entire area except exposed ledge rock shall be covered with not less than four inches of good quality loam, which shall be planted with cover vegetation adequate to prevent soil erosion, using either grasses or ground cover, depending upon conditions.

(4)

The performance bond shall not be released until sufficient time has lapsed to ascertain that the vegetation planted has successfully been established and that drainage is satisfactory.

Renewal or renovation of permit. Special permits will be issued for one-year periods only. A public hearing may be required on an application for renewal of a special permit under this section. Prior to renewal, inspection of the premises shall be made by the Zoning Enforcement Officer to determine that the conditions of the permit and the provisions of this bylaw are being complied with. The Planning Board may, after hearing and proof of violation of this bylaw, or the conditions of the permit, decline to renew the permit, after which the operation shall be discontinued and the area restored in accordance with the conditions of the permit and/or the provisions contained in Subsection E herein.

[Amended 10-20-1997 STM by Art. 2]

§ 350-62 Solid waste disposal and recycling.

Purpose. It is the intent of the following regulations and requirements to provide for public safety; to control noise, air or water pollution, erosion, vibration and landslides; to protect neighboring residential properties from any adverse effects which may be caused by this use; to provide for the restoration of the land for its reuse at the termination of the solid waste disposal and recycling activity, and to protect the area from becoming an eyesore.

Construction and operating of a solid waste disposal recycling facility shall be subject to the terms and conditions of a special permit for such use issued by the SPGA in accordance with the following procedures and requirements.

Applicability.

(1)

The activities affected by this section are any activities related in part or total to solid waste disposal and recycling operations, as defined.

(2)

This bylaw shall not apply to a solid waste disposal and recycling operation which is the subject of an official valid permit or license issued in writing prior to the effective date of this bylaw.

Requirements.

(1)

Any application for solid waste disposal and recycling operations shall be accompanied by a plan prepared by a professional civil engineer and land surveyor registered in Massachusetts showing names and addresses of all abutters, including those across any street or way, existing grades in the proposed area of operations and in surrounding areas, together with the proposed finished grades at the conclusion of the operation, and the proposed cover vegetation and trees.

(2)

Cost of review by the Town's consulting engineer shall be borne by the applicant.

(3)

Before granting a special permit, the SPGA, as set forth in Subsection D(4) of the Table of Use Regulations, shall give due consideration to the location of the proposed activity, to the general character of the neighborhood surrounding such location, the general safety of the public on the public ways in the vicinity and the location in relation to actual or potential sources of drinking water. In addition, the special permit is contingent upon receipt of the necessary permits from the Board of Health and the commonwealth.

(4)

The SPGA shall establish buffer zones of up to 300 feet along the boundaries of the premises.

(5)

Adjoining properties and public ways will be suitably screened as deemed appropriate by the SPGA.

(6)

Landfill operations shall be conducted in strict compliance with state law.

Restoration. The SPGA shall establish restoration requirements in the absence of such regulations by other agencies.

Additional conditions. The SPGA may, in the granting of a special permit for these activities, impose additional conditions as it deems necessary.

§ 350-63 Adult entertainment establishments.

[Added 6-26-2006 STM by Art. 13]

Purpose and intent.

(1)

To address, mitigate and protect the Town from the secondary effects of adult entertainment and sexually oriented businesses that are referenced and defined herein. Such secondary effects are increased crime, degradation of quality of life in a community, decrease in tax base, and adverse impact of public health, business climate and property values of residential and commercial property and late-night noise and traffic.

(2)

If situated near schools, parks, nursery schools, day-care centers, kindergartens or playgrounds, adult entertainment would have an adverse effect on the youth of Dalton. All of said are secondary impacts to the health, safety and general welfare of the Town of Dalton and its inhabitants.

(3)

The provisions of this section have neither the purpose nor the intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this section to restrict or deny access by adults to adult entertainment establishments or to sexually orientated matter or material that is protected by the Constitution of the United States or the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of this section to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.

Regulation of adult entertainment uses.

(1)

Adult entertainment, as defined in this bylaw, shall be permitted only in B-1 and B-2 Zoning Districts, upon issuance of a special permit from the Dalton Planning Board.

(2)

Applications for adult entertainment special permits shall be granted, provided the criteria of Dalton Zoning Bylaw § 350-63 are satisfied.

(3)

No adult entertainment use (once permitted) shall be altered, changed or expanded without the issuance of a special permit modification from the Dalton Planning Board.

(4)

The Dalton Planning Board may impose reasonable time, place and manner, and conditions on use of any special permit for adult entertainment use. Any special permit for adult entertainment use shall be personal to the applicant, shall not run with the land and shall expire upon sale or transfer of the subject property.

(5)

All existing special permits to conduct an adult entertainment use shall be reviewed by the Dalton Planning Board at intervals of one year from its date of issuance and shall be renewed, provided that: a) a written request for such renewal is made to the Dalton Planning Board at least 30 days prior to said expiration date; b) the applicant shall have complied with all special permit conditions; and c) new facts or changed circumstances do not warrant denial of the renewal under the criteria applied at the time the original special permit was granted. Upon renewal, the Planning Board may add, modify or remove reasonable conditions regulating the time, place and manner of such use of the special permit, if new facts or changed circumstances so warrant.

(6)

Establishments providing adult entertainment, as defined in the bylaw, shall not be considered legally preexisting uses entitled to so called "grandfathered" protection. Any adult entertainment use in existence shall be subject to the provisions of this Zoning Bylaw upon the date it is authorized.

(7)

The provisions of this section are severable and, in the event that any section of this bylaw is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.

Adult entertainment requirements.

(1)

Application. A special permit application for approval under this section shall contain the following additional information:

(a)

Name and address of the legal owners of the establishment and the property, as well as the manager of the proposed establishment.

(b)

The total number of employees and/or independent contractors.

(c)

Proposed security precautions.

(d)

The external and internal physical layout of the premises.

(e)

A full description of the intended nature of the business.

(2)

Location. Said use shall not be established or permitted within 1,000 feet as measured in a straight line from the property line of a school, religious institution, day-care facility or any other youth facility such as but not limited to Dalton Community House, Dalton Youth Center, parks/playgrounds, or dance studios, library/senior facilities (nursing homes, assisted living facilities, senior centers) or within a radius of 200 feet of another adult entertainment establishment.

(3)

Building design.

(a)

The building shall be so modified or constructed so that all doors, windows, and other openings shall be located, covered or screened in such a manner as to prevent a view into the interior from the outside.

(b)

Sound produced by music, loudspeaker or patrons shall not be discernible by the public beyond the boundary of the lot in use.

(c)

All entrances shall be clearly marked with a notice prohibiting minors from entering the premises.

(d)

No signage, advertisements or other promotional material visible to the public from any public way or other buildings or public areas shall contain sexually explicit graphic or text.

(e)

The building shall be painted and maintained in a color specified by the Dalton Planning Board.

(f)

The building exterior and surrounding lot shall be maintained as specified by the Dalton Planning Board.

(g)

Sign content shall identify the name of the establishment only and shall contain no advertisement in addition to the identification of the use. Only one identification sign mounted on the building wall face shall be allowed. All other signs whether on the exterior or the building or visible from the exterior of the building are prohibited.

§ 350-63.1 Drive-through facility. [1]

[Added 9-22-2008 STM by Art. 7]

A special permit is required for the installation of a drive-through facility where business is transacted from the vehicles of customers or patrons. (This is not a use allowed by right in a business district.)

Traffic impact study: If a detailed traffic impact analysis is requested by the SPGA for any special permit or site plan approval application containing a drive-through facility, a registered professional engineer experienced and qualified in traffic engineering shall prepare the traffic impact study. The traffic impact study shall contain the following information:

(1)

Existing traffic conditions – average daily and peak hour volumes, average and peak speeds, sight distance, accident data, and levels of service of intersections and streets affected by the proposed development.

(2)

Projected traffic conditions – average annual traffic growth, impacts of proposed development.

(3)

Projected impacts of the proposed development shall include projected peak hour and daily traffic generated by the development on roads and ways in the vicinity of the development.

(4)

Proposed mitigation shall include a plan (with supporting text) to minimize traffic and safety impacts through such means as physical design and layout concepts.

[1]

Editor's Note: This section was renumbered as § 350-63.1 10-18-2010 STM by Art. 11.

§ 350-63.2 Medical marijuana dispensary.

[Added 5-5-2014 ATM by Art. 23]

Purpose. The purpose of this section is to ensure that those entities permitted to operate a medical marijuana dispensary, as defined in this bylaw, shall comply with all the provisions of Chapter 369 of the Acts of 2012 and 105 CMR 725.00. In addition, the purpose of this bylaw is to address, mitigate, and protect the Town from the secondary effects of a medical marijuana dispensary such as increase in crime, degradation of quality of life in a community, decrease in tax base, and adverse impact on public health, business climate, and property values.

Performance standards.

(1)

No medical marijuana dispensary shall be established or permitted within 1,000 feet as measured in a straight line from the property line of a school, religious institution, day care facility, any youth facility such as but not limited to the Dalton Community House or Dalton Youth Center, parks/playgrounds, dance studios, library, or senior centers.

(2)

The cultivation of medical marijuana within the Town of Dalton may only occur at locations associated with, and sanctioned by, a medical marijuana dispensary which has been permitted by this bylaw.

(3)

Cultivation and storage of medical marijuana shall be in a secure, enclosed, locked area. Medical marijuana shall not be visible from the street or other public location.

(4)

An applicant must demonstrate compliance with the application requirements for the registration of medical marijuana dispensaries as set forth in the regulations promulgated by the Massachusetts Department of Public Health (or referred to herein as "DPH").

(5)

A special permit shall only be valid for use by the applicant and will become null and void upon the sale or transfer of the medical marijuana dispensary registration or license.

(6)

In the event that the DPH revokes, fails or refuses to issue a license or registration, for a medical marijuana dispensary registration or license, the special permit issued by the Town for the medical marijuana dispensary shall be deemed null and void.

(7)

In the event that the DPH suspends the license or registration of a medical marijuana dispensary, the special permit issued by the Town for the medical marijuana dispensary shall be so suspended by the Town until the matter is resolved to the satisfaction of the DPH.

(8)

The provisions of this bylaw are severable and if any clause, sentence, paragraph or section of this measure, or any application thereof, shall be adjudicated by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph or section of this measure, or an application adjudged invalid (Section 17 of Chapter 369 of the Acts of 2012).

Applicability. This bylaw shall take effect upon its enactment.

§ 350-63.3 Marijuana establishments.

[Added 5-7-2018 ATM by Art. 3]

Purpose. The purpose of this section is to provide for the placement of adult use marijuana establishments (MEs) in suitable locations in the Town of Dalton (the "Town") in recognition of and in accordance with Chapter 334 of the Acts of 2016, entitled, "Regulation and Taxation of Marijuana Act," as amended by Chapter 55 of the Acts of 2017. "The Regulation of the Use and Distribution of Marijuana Not Medically Prescribed."[1] The specific purpose of this section is minimize the adverse impacts of MEs on adjacent properties, residential neighborhoods, schools and other locations, while also ensuring that those entities permitted to operate an ME, as defined herein, comply with the relevant provisions of MGL c. 94G, applicable state law and regulations, including but not limited to the regulations promulgated by the Cannabis Control Commission (CCC) found at 935 CMR 500.000 et seq.

[1]

Editor's Note: So in original.

Definitions. Any term not specifically defined herein shall have the meaning as defined in MGL c. 94G, § 1, and 935 CMR 500.000 et seq., as such statutes and regulations may from time to time be amended.

ADULT USE OF MARIJUANA

Marijuana that is regulated by 925 CMR 500.000 and cultivated, processed, manufactured, transported, or sold, etc., for recreational purposes for individuals 21 years of age or older.

CRAFT MARIJUANA COOPERATIVE

A marijuana cultivator comprised of residents of the commonwealth organized as a limited liability company, limited liability partnership, or cooperative corporation under the laws of the commonwealth, which is licensed to cultivate, obtain, manufacture, process, package and brand marijuana and marijuana products to transport marijuana to MEs, but not to consumers.

INDEPENDENT TESTING LABORATORY

A laboratory that is licensed by the CCC and is: (i) 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 CCC; (ii) independent financially from any medical marijuana treatment center or any licensee or ME for which it conducts a test; and (iii) qualified to test marijuana in compliance with 935 CMR 500.160 and MGL c. 94C, § 34.

LICENSE

The certificate issued by the CCC that confirms that an ME has met all applicable requirements pursuant to St. 2012, c. 334,[2] as amended by St. 2017, c. 55, and 935 CMR 500.000. An ME may be eligible for a provisional or final license.

MARIJUANA CULTIVATION FACILITIES

Facilities that a marijuana cultivator may be licensed to operate.

MARIJUANA CULTIVATOR

An entity licensed to cultivate, process and package marijuana, and to transfer marijuana to other MEs but not consumers. A craft marijuana cooperative is a type of marijuana cultivator.

MARIJUANA ESTABLISHMENT (ME)

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.

MARIJUANA PRODUCT MANUFACTURER

An entity licensed to obtain, manufacture, process and package marijuana and marijuana products, and to transfer these marijuana products to other MEs but not consumers.

MARIJUANA PRODUCTS

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.

MARIJUANA RETAILER

An entity licensed to purchase and deliver marijuana and marijuana products from MEs and to sell, or otherwise transfer, marijuana and marijuana products to other MEs and to consumers. Marijuana retailers are prohibited from delivering marijuana or marijuana products to consumers; and from offering marijuana or marijuana products for the purposes of on-site social consumption on the premises of a marijuana establishment.

MARIJUANA TRANSPORTER

An entity, not otherwise licensed by the CCC, that is licensed to purchase, obtain, and possess marijuana or marijuana products solely for the purpose of transporting, temporary storage, sale and distribution to MEs, but not to consumers.

MICRO-BUSINESS

A co-located ME that can either be a licensed marijuana cultivator with a total canopy of up to 5,000 square feet or licensed marijuana product manufacturer, or both, in compliance with the operating procedures for each such license.

RESEARCH FACILITY

An entity licensed to engage in research projects by the CCC.

[2]

Editor's Note: So in original.

Designated locations for MEs.

(1)

An ME that engages only in open-air, outdoor cultivation uses may be sited within the Residential and Agricultural (R-1) Zone District as shown on the Zoning Map upon the approval of a special permit, as per Article XI of the Zoning Bylaw. Outdoor marijuana cultivation facilities within the R-1 Zone District shall be set back at least 200 feet from any adjacent road right-of-way or 200 feet from any zone district boundary.

(2)

A marijuana retailer may be sited in the B-1 and B-2 Business Districts and the I-1 Industrial District as shown on the Zoning Map, upon the approval of a special permit, as per Article XI of the Zoning Bylaw.

(3)

An indoor craft marijuana cooperative, independent testing laboratory, indoor marijuana cultivator, marijuana product manufacturer, marijuana transporter, micro-business or research facility may be sited in the I-1 and I-2 Industrial Districts as shown on the Zoning Map upon the approval of a special permit, as per Article XI of the Zoning Bylaw.

(4)

MEs are prohibited in the R-2, R-3, R-4, or PIDD Zone Districts within the Town of Dalton.

(5)

All MEs shall be set back at least 500 feet from any school, place of worship, daycare facility, library or youth community recreation facility. Distances shall be measured by a straight line between the nearest structure of the uses listed above and the proposed ME building. The special permit granting authority may decrease or waive this requirement.

Designated number of MEs.

(1)

The total number of marijuana retailers shall not exceed the number of licenses issued within the Town for the retail sale of all alcoholic beverages not to be drunk on the premises as set forth in MGL c. 94G, § 3(a)(2).

(2)

The total number of non-retail MEs shall not exceed 10.

(3)

In the event that the number of licenses issued for the retail sale of all alcoholic beverages not to be drunk on the premises within the Town decreases, any existing ME, if then exceeding the limits as noted in Subsection D(1), may remain in operation.

Special permit required. No ME shall be operated or expanded without first obtaining a special permit from the Town special permit granting authority in accordance with Article XI of the Zoning Bylaw.

(1)

The special permit granting authority for any ME shall be the Zoning Board of Appeals.

(2)

A special permit shall only be valid for use by the applicant and will become null and void upon the sale or transfer of the license of an ME or change in the location of the business.

(3)

In the event that the commonwealth's licensing authority suspends the license or registration of an ME, the special permit shall be so suspended by the Town until the matter is resolved by the CCC.

Site plan review. Applications to operate or expand an ME shall be subject to a site plan review during the special permit review process, as per Article XI, § 350-49, of the Zoning Bylaw.

General requirements for MEs.

(1)

Outside storage. No outside storage of marijuana, marijuana products, related supplies, or educational materials is permitted, except at open-air, outdoor cultivation uses. The special permit granting authority may waive this requirement.

(2)

Hours of operation. A marijuana retailer shall not open earlier than 8:00 a.m. and shall close no later than 11:00 p.m. the same day, Monday through Saturday, and no earlier than 10:00 a.m. and no later than 11:00 p.m. on Sunday. There shall be no hourly restrictions on any other type of ME or medical marijuana dispensaries, also known as medical marijuana treatment centers, unless imposed by the special permit granting authority as part of site plan approval.

(3)

No marijuana shall be smoked, eaten, or otherwise consumed or ingested on the premises of any ME absent a positive vote by ballot question presented to the voters of the city or Town at a biennial state election pursuant to MGL c. 94G, § 3(b). The prohibition on on-site consumption shall also include private social clubs or any other establishment which allows for social consumption of marijuana or marijuana products on the premises, regardless of whether the product is sold to consumers on site.

(4)

Sale of alcohol. MEs are prohibited from selling or offering alcoholic beverages.

Design requirements for MEs.

(1)

Permanent location. All marijuana uses, except those relating to marijuana transporters, shall be operated from a fixed location.

(2)

Enclosed building. All marijuana uses, except open-air, outdoor cultivation uses, shall be operated within a fully enclosed building.

(3)

Signage. All signage must comply with the regulations set forth in Article XVIII.

(4)

Lighting. In addition to the requirements in Article XVI, § 350-96, outdoor light levels shall not exceed one footcandle along property lines, nor 10 footcandles for any location on the property. Any light poles, new or existing, may not exceed 18 feet in overall height. All outdoor light fixtures shall be shielded and aimed down to prevent light trespass onto adjacent properties. Cultivation uses may not illuminate growing operations between dusk and dawn, unless within a fully enclosed, opaque building. The special permit granting authority may modify this requirement for adequate security or other reasons specified.

(5)

Parking. In addition to the requirements listed in Article X, off-street parking must be provided for as follows. For buildings or sites that contain more than one type of marijuana use, each use shall be calculated separately and parking provided for each on site, based on gross floor area of the individual uses. These requirements may be modified or waived by the special permit granting authority.

(a)

Retail uses: one parking space for every 250 square feet of gross floor area of the building(s).

(b)

Cultivation, processing, packaging, manufacturing or storage uses: one parking space for every 1,000 square feet of gross floor area of the building(s).

(c)

Testing or research uses: one parking space for every 350 square feet of gross floor area of the building(s).

(6)

Fencing. Fencing may be required if determined necessary by the special permit granting authority. In no instance shall barbed-wire fencing be permitted, except for open-air, outdoor cultivation uses within the R-1 Zone District when authorized by special permit from the Zoning Board of Appeals.

Filing requirements. Applications to permit an ME shall include the following, filed with the Town Clerk, and a copy sent to the special permit granting authority as per Article XI, § 350-45, of the Zoning Bylaw.

(1)

A site plan, including the following information:

(a)

The names, mailing addresses, phone numbers, email addresses, and signatures for the applicant, owner and operator.

(b)

Physical address (if one exists) and the map, lot, and block number of the proposed site.

(c)

Property lines of the proposed site and all those within 200 feet of the property.

(d)

Elevation contour lines at two-foot vertical intervals.

(e)

Outlines of all existing and proposed buildings and structures on the proposed site and those within 200 feet of the proposed site.

(f)

Existing and proposed access roads, driveways, public ways, private ways, and recreational trails on the proposed site.

(g)

Fencing type and height.

(h)

Delineation of all wetland resources and associated buffer areas, in accordance with the Massachusetts Environmental Policy Act (MEPA) guidelines and regulations.

(i)

Locations of rare, threatened, or endangered species existing on the site, in accordance with the Natural Heritage Endangered Species Program (NHESP) guidelines and regulations.

(j)

Proposed changes to the site, including grading, cut and fill, landscaping, native vegetation for screening and vegetation to be removed or altered.

(k)

Engineering controls at the site and on the access road to control erosion and sedimentation both during construction and after construction as a permanent measure. Such engineering controls shall conform to the Massachusetts Department of Environmental Protection's Stormwater Policy.

(2)

A security plan. A security plan shall be submitted, to ensure the safety of employees, patrons, and the public to protect the premises from theft or other criminal activity. The security plan shall be reviewed and approved by the local Police Chief, or their designee. The security plan shall include the following:

(a)

An interior floorplan (including secured areas, windows, doors, etc.).

Exterior lighting.

Fencing (if any).

Gates (if any).

Alarms.

Any other security measures as requested by the Police Chief.

(3)

Photometric plan. A photometric plan may be required by the special permit granting authority, or their designee, before or after the marijuana use is in operation, to determine compliance with Subsection H(4).

(4)

State license. A copy of the license or registration as an ME from the CCC or documentation that demonstrates that said facility and its owner/operators qualify and are eligible to receive a certification of registration and meet all of the requirements of an ME in accordance with the regulations adopted by the CCC, as amended.

(5)

Proof of site control. Evidence that the applicant has site control and the right to use the site for a marijuana use in the form of a deed, lease, or purchase and sale agreement or a notarized statement from the property owner certifying the applicant has firm site control.

Discontinuance of use. Any marijuana use under this section shall be required to remove all material, plants, equipment, and other paraphernalia in compliance with regulations established by the CCC within 30 days after the expiration or voiding of its license.

Annual inspections for MEs.

(1)

Any operating ME within the Town shall be inspected annually by the Building Inspector, Fire Chief, and the Health Agent, or their respective designee(s), to ensure compliance with this section and with any conditions imposed by the special permit granting authority as a condition of the special permit approval.

(2)

The first annual inspection shall be not more than two years after beginning operation, if the Building Inspector, Fire Chief and Health Agent establish an annual cycle for inspecting all MEs during the same time period.

Additional requirements.

(1)

Any ME may be required to demonstrate, upon demand by law enforcement officers of the Town of Dalton, the source and quantity of any marijuana found upon the licensed premises are in full compliance with any applicable state law or regulation.

(2)

Prior to the issuance of a special permit, the applicant must have entered into a Host Community Agreement (HCA) with the Town. If, upon review by the special permit granting authority, the ME is found to not be fully in compliance with the HCA, the special permit may be suspended or rescinded.

Independent consultants.

(1)

Due to the complex technical character of the information to be provided by an applicant pursuant to these regulations and the monitoring, testing and inspection of facilities and operations, the special permit granting authority may hire such consultants as it deems reasonably necessary to assist said authority in making determinations under this bylaw.

(2)

The special permit granting authority's regulations regarding consultants shall provide for an administrative appeal from the selection of the outside consultant to the Select Board. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist either of an educational degree in or related to the field at issue or three or more years of practice in the field at issue or a related field. The required time limits for action upon an application by the special permit granting authority shall be extended by the duration of the administrative appeal. In the event that no decision is made by the Select Board within one month following the filing of the appeal, the selection made by the special permit granting authority shall stand. Such an administrative appeal shall not preclude further judicial review if otherwise permitted by law, on the grounds provided for in this section.

(3)

The consultants shall work under the direction of the special permit granting authority. Copies of the consultants' findings and reports shall be made available to the applicant not less than seven days prior to any meeting of said authority where the consultant's report will be considered. The applicant shall be given opportunity to respond to the report in writing and at the next meeting.