(1)
Intent - The intent of § 240-9.1 is to regulate the locations of adult uses in order to lessen the harmful secondary effects on adjacent areas. Secondary effects, which are documented in studies of towns comparable in size and composition to Falmouth, include an increase in crime, a decline in property values, a flight of existing businesses, and gradual blight of residential neighborhoods.
(2)
Purpose - The purpose of the § 240-9.1 is to prevent crime, maintain property values, protect the Town's retail trade, and protect and preserve the quality of residential neighborhoods. The bylaw does not prohibit adult uses, but rather provides reasonable alternative avenues of expression in the Town.
(1)
Zoning districts where allowed - Adult uses, as defined in Article 3, Definitions, are allowed by a special permit from the Zoning Board of Appeals in Light Industrial A and Business 2 Zoning Districts. Adult uses must comply with the following requirements found in §§ 240-9.1B(2) and (3) below, in addition to the requirements in § 240-12.1, Special Permits.
(2)
Dimensional requirements - The proposed adult use must comply
with the following minimum distance separations:
a.
A minimum 4,000-foot separation is required from any other adult
use.
b.
A minimum 600-foot separation is required from adult use structures
to residential uses and districts, educational and religious uses,
public beaches, public active recreation facilities (including school
athletic fields and facilities), Town parks, and the Gus Canty Recreation
Center/Fuller Field complex, as found in Table 4 of the Town's
Open Space Element.
c.
A minimum 500-foot separation is required from any establishment
licensed under the provisions of MGL c. 138, § 1.
d.
A twenty-foot vegetative buffer containing adequate screening
given the character of the neighborhood and the intensity of the use
shall be provided between adult uses and abutting commercial uses.
(3)
Other requirements
a.
Adequate provision for security provided by public safety officers
must be documented.
b.
The applicant or owner must disclose if they have been convicted
of violating the provisions of MGL c. 119, § 63, or MGL
c. 272, § 28. A special permit shall not be issued to any
person convicted of violating those provisions.
c.
The applicant shall disclose any and all involvement with other
adult uses in the Town.
d.
No signs, pictures, publications, videotapes, movies, or other
advertising that fall within the definition of adult use or are erotic,
prurient, or related to violence, sadism or sexual exploitation shall
be displayed in the windows of, or on, the building of any adult use,
or be visible to the public from the pedestrian sidewalks or walkways
or from other public or semipublic areas outside such establishments.
e.
Any commercial establishment or activity that promotes or portrays,
under the guise of entertainment or education, sexual abuse of or
by or among men, women, and children, and any such abuse that threatens
their health and the health of a community, shall not be granted a
permit. Furthermore, any such commercial establishment or activity
that violates the community standards of the Town shall not be granted
a permit.
(4)
Procedures - Adult use special permits shall only be issued
following public hearings held within 65 days after filing of an application
with the Board of Appeals, a copy of which shall forthwith be given
to the Town Clerk by the applicant. The Board shall act within 90
days following the close of a public hearing for which notice has
been given by publication or posting as provided in MGL c. 40A, § 11,
and by mailing to all parties in interest. Failure by the Board to
take final action upon an application for a special permit within
90 days following the close of the public hearing may result in a
constructive grant of the special permit. A special permit approved
by the Board shall require a concurring vote of four members of a
five-member board.
(5)
Lapse - Special permits shall lapse under the following conditions:
a.
Notwithstanding the provisions of § 240-12.1, a special permit granted under this section shall lapse after one year from the grant thereof, if substantial use has not begun by such date except for good cause, or in the case of a permit for construction, if the construction has not begun by such date, except for good cause; the lapse time shall include time required to pursue or await the determination of a MGL c. 40A, § 17, appeal. The determination of good cause shall be made by the Board of Appeals.
b.
A special permit issued under § 240-9.1 shall lapse upon any transfer of ownership or legal interest or change in contractual interest in the subject premises or property. The special permit may be renewed thereafter only in accordance with § 240-9.1B(4) above.
(1)
Affordable housing - Section 240-9.2 is established for the following purposes:
a.
In furtherance of the purpose stated in § 240-1.1A, ". . . . to encourage housing for persons of all income levels;"
b.
To authorize adoption of "incentive" bylaws for the creation
of affordable housing in accordance with MGL c. 40A, § 9;
c.
To assist people who have lived and worked in Falmouth and who,
because of rising land prices, have been unable to obtain suitable
housing at a reasonable price; and
d.
To maintain a stable economy by preventing the out-migration
of lower-income groups who provide essential services.
(2)
Affordable units - The Planning Board, upon issuance of a special permit which allows an increase in density through a partial waiver of Article 11, Dimensional Regulations and which otherwise conforms to the requirements of § 240-9.7, Planned Residential Development, shall require that all units constructed above "as-of-right" density limitations be sold at prices that qualify the units for inclusion on the state's Subsidized Housing Inventory.
(3)
Design standard waiver/transfer of development rights - As further incentive for the construction of affordable housing, the Planning Board may, in its discretion, waive certain design standards for improvements that are required by Chapter 305 of the Town Code, the Subdivision Regulations of Falmouth, or permit a transfer of development rights per § 240-14.7.
(2)
Number of affordable units - The number of units allowed above "as-of-right" density shall be subject to negotiation and shall be determined with due regard to the project approval requirements of § 240-9.2. The maximum density increase shall be no more than 25% than that allowed by a standard subdivision. Increases in density shall be prohibited within the Water Resource Protection Overlay District as shown on the Official Zoning Map.
(3)
Design standards - Specific design standards for construction within the plan shall be made part of the special permit and shall be used to ensure conformity and compatibility among units. Other requirements for design shall be as required under § 240-9.7, and applicable sections of Chapter 305 of the Town Code, the Subdivision Rules and Regulations of Falmouth.
(4)
Modification standards - The standards of § 240-9.7, may be modified upon a finding by the Planning Board that the modification creates no adverse impacts on health, safety, and welfare, and is found to be in the public interest because of the high quality of design that would result from the modification.
(5)
Phasing - A construction schedule shall be submitted providing
the timely delivery of the affordable units.
(1)
Preliminary plan - Preliminary plan applications for proposed planned residential developments are to be made to the Planning Board in accordance with Article III of Chapter 305 of the Town Code, Subdivision Rules and Regulations of Falmouth. In addition to those requirements listed in the same Article III, a statement as to how the proposal conforms to the purposes and objectives of § 240-9.2, shall be required for preliminary submittals.
(2)
Special permit - Applications for approval of a special permit and a development plan may be submitted after completion of the preliminary plan review. Special permit applications shall be submitted and reviewed in accordance with Article V of Chapter 305 of the Town Code, the Subdivision Rules and Regulations. Additional information as may be required in the preliminary plan or as specified above shall also be submitted at the request of the Planning Board.
(3)
Planning Board review - The Planning Board shall review all
projects and may approve the special permit if, in the Board's
sole discretion:
a.
The Board is satisfied that the applicant has conformed to the design standards of § 240-9.2, and will deliver the needed affordable units.
b.
The proposed development site plan is designed in its site allocation proportions, orientation, materials, landscaping, and other features, so as to provide a stable and desirable character complementary and integral with the site's natural features, in accordance with the standards of § 240-12.1E.
c.
The Board makes a finding that the development, density increase, relaxation of zoning standards, or transfer of development rights, do not have a material, detrimental effect on the character of the neighborhood or the Town and are consistent with the performance standards of Article 13, Performance Requirements.
e.
The proposed development is consistent with the Falmouth Local Comprehensive
Plan.
(1)
Building setback - No portion of the front or side lines of
a public garage, automobile repair shop, storage battery station,
or motor vehicle service station, or any of their appurtenances or
accessory uses, shall be placed within 50 feet of any residence district.
(2)
Driveway location - No driveway to these premises shall be in
any part located within 50 feet of any residence district. No premises
shall have any driveway entrance or exit within 300 feet of the property
used by any public or private school, public library, religious institution,
playground, or institution for the sick or infirm.
(3)
Vehicle filling requirement - No gasoline or diesel filling
shall be performed except into vehicles located on the property of
the service station.
(1)
Number of unregistered vehicles - Not more than one unregistered
car, bus, truck, or other registerable motor vehicle shall be permitted
ungaraged on any premises in any district, except as are clearly incidental
to the lawful conduct of a nonresidential activity permitted in a
Business or Industrial District.
(2)
Location of unregistered vehicles - No unregistered vehicle
be stored in the front yard.
(3)
Farm or boatyard vehicle - Vehicles that are in operating condition
and regularly used on the premises of a farm, boatyard, or comparable
activity are exempt from § 240-9.3.B(1).
Commercial accommodation units may contain amenities for private
cooking and housekeeping only as the Zoning Board of Appeals allows
by special permit and upon the Board's determination that the
allowed amenities are customary to guest units and will not change
the nature of the use as commercial accommodations.
Except in Business or Light Industrial Districts, dining facilities
accessory to a hotel, inn, or motel shall be integral with the hotel,
inn, or motel, unless the dining facilities existed prior to the construction
of a new hotel, inn, or motel. The total seating capacity of any new
dining facilities or areas shall not exceed twice the total number
of guest rooms (units) permitted for the hotel, inn, or motel. In
Business or Light Industrial Districts these limitations shall not
apply.
A special permit shall be required for the construction of a garage as an accessory to a hotel, subject to the provisions of § 240-9.4C. The lot area of the parcel where the garage is located shall be of sufficient size to minimize or prevent any negative impacts from the garage to the those properties in the neighborhood that are "parties in interest."
(1)
Extended plan - Any petitioner who applies for a special permit under a use listed in special permit sections in Article 6 Use Tables in the Single Residence, General Residence, Public Use, Agriculture, or Business Districts may seek an extended development plan provision to the special permit, under the authority of this section.
(2)
Purpose - The purpose of the provision in § 240-9.4D(1) above is to ensure the long-term development rights of the petitioner.
(3)
Phased growth plan - The petitioner may present a phased growth
plan culminating in the normal, detailed plan. The special permit,
if granted, shall detail the permitted uses, structures, density,
time schedule, etc., at the culmination of the development. The petitioner
shall have the right to make changes within the approved time schedule
without violating the terms of the special permit. No other changes
to the conditions of the special permit may be made except in the
discretion of the Zoning Board of Appeals.
(1)
Special permit - A special permit approved by the Zoning Board
of Appeals shall be required for the conversion of a commercial accommodation
lawfully in existence and operating as a commercial accommodation
as of January 1, 1984. The special permit shall be required whether
the conversion is in whole or part of the commercial accommodation.
(2)
Time-share interval ownership - The special permit shall be
required for any use functioning as a time-share interval ownership
or similar, whereby unit owners are entitled by deed or other instrument
to occupancy of the units for only specified, recurring periods of
less than one year during the course of one year.
(3)
Requirements - The Zoning Board of Appeals shall specifically
address whether the proposed use is a time-share interval ownership
use.
(4)
Minimum lot size requirements - The Zoning Board of Appeals
shall determine that the minimum lot size requirements in the table
below have been met.
|
Table for Time-share Conversion - Lot Size Requirements
| |
|---|---|
|
Zoning Districts
|
Minimum Lot Area Calculation
|
|
Business Districts
|
10,000 square feet/time-share unit
|
|
General Residence
|
10,000 square feet/time-share unit
|
|
Light Industrial Districts
|
10,000 square feet/time-share unit
|
|
Residential C
|
10,000 square feet/time-share unit
|
|
Agricultural B
|
15,000 square feet/time-share unit
|
|
Residential B
|
15,000 square feet/time-share unit
|
|
Agricultural A
|
20,000 square feet/time-share unit
|
|
Public Use
|
20,000 square feet/time-share unit
|
|
Residential A
|
20,000 square feet/time-share unit
|
|
Agricultural AA
|
40,000 square feet/time-share unit
|
|
Residential AA
|
40,000 square feet/time-share unit
|
(5)
Mixed-uses - Lot size requirements for mixed uses are to be
added, i.e., lot requirements for the number of time-shared units
plus lot requirements for standard commercial accommodations.
(1)
Special permit - A special permit approved by the Zoning Board
shall be required for new construction, or conversion of a commercial
accommodation lawfully in existence and operating as a commercial
accommodation after January 1, 1984. The special permit shall be required
whether the conversion or construction is in whole or part of the
commercial accommodation.
(2)
Time-share interval ownership - A special permit shall be required
for any use functioning as a time-share interval ownership, or otherwise,
whereby unit owners are entitled by deed or other instrument to occupancy
of the units for only specified, recurring periods of less than one
year during the course of one year.
(3)
Requirements - The Zoning Board of Appeals shall specifically
address whether the proposed use is a time-share interval ownership
use.
(4)
Minimum lot size - The Board of Appeals shall determine that
the lot(s) on which the construction and/or conversion is proposed
equals or exceeds the minimum square footage required by the unit
to be time-shared as found in the Time-share Lot Conversion Table
in § 240-9E(4).
(5)
Mixed-uses - Lot size requirements for mixed uses are to be
totaled, i.e., lot requirements for number of time-shared units plus
lot requirements for standard commercial accommodations.
(1)
Gross floor area - A home occupation is allowed provided that
not more than 30% of the gross floor area of the dwelling unit shall
be used in the conduct of any or all home occupations. The area devoted
to home occupations may be allocated between the dwelling unit and
accessory building, but in no case shall the total floor area of the
home occupation exceed 30% of the gross floor area of the dwelling
unit.
(2)
Outward appearance - There shall be no change in the outside
appearance of the premises, nor any other visible evidence of such
home occupations other than one nonilluminated sign, not exceeding
two square feet in area. All home occupations conducted therein must
be inscribed or displayed, if at all, on the one sign. There shall
be no exterior storage of material or equipment.
(3)
Merchandise - No trading in merchandise may be conducted except
for products made on the premises or of other parts or other items
customarily maintained in connection with, and incidental to, such
merchandise.
(4)
Negative impacts - No equipment or process shall be used in
home occupations which creates noise, vibration, flare, fumes, odors,
or electrical interferences, detectable to the normal senses off the
lot. In the case of electrical interference, no equipment or process
shall be used which creates visual or audible interference in any
radio or television receivers off the premises.
(5)
Traffic and parking - No traffic shall be generated by home
occupations in greater volume than would normally be expected in that
residential neighborhood, nor which jeopardizes the traffic safety
of that neighborhood. A home occupation may increase parking by not
more than two additional vehicles at a time. Parking generated by
the conduct of the home occupation shall be provided on the same lot
as the home occupation and shall not be located in a required front
yard or within five feet of any side or rear property line.
(6)
Employee - Only family residents may be regularly employed on
the premises in connection with the home occupations. The Zoning Board
of Appeals may grant a special permit to one person, not a family
member, to be a regularly employed on the premises of the home occupation.
(1)
Criteria - A special permit shall be required for certain home
occupations as follows.
a.
Any home occupation which otherwise meets the applicable provisions of § 240-9.5, except that it is located on a lot which does not conform to the minimum lot dimensional requirements, shall require a special permit from the Zoning Board of Appeals.
b.
The use of any structure, with a home occupation, which is nonconforming
as to the minimum yard requirements shall require a special permit
from the Zoning Board of Appeals.
c.
Any home occupation which satisfies the definition of a home-based service business (HBSB) shall require a special permit from the Zoning Board of Appeals; in acting on the special permit, the Board may approve an application that demonstrates compliance with all applicable requirements of § 240-9.5A above and the following criteria:
i.
The Board may approve up to four company vehicles parked overnight
on the premises with the following conditions.
|
•
|
All company vehicles must be kept on a driveway, in a garage,
or within a screened area in a side or rear yard that effectively
screens the vehicle from view.
|
|
•
|
No more than two company vehicles may be kept on any driveway
area.
|
|
•
|
Unless specifically approved by the Board no ungaraged company
vehicle shall be parked overnight within five feet of any lot line
or within 15 feet of any off-premises dwelling in existence as of
the effective date of this bylaw.
|
|
•
|
Company vehicles shall be limited to the following types: passenger car, minivan, van, sport utility vehicle (SUV), trailers over 18 feet in bed length, pick-up truck, or other truck not to exceed 13,000 pounds GVW except as may permitted by the Board in accordance with § 240-6.1B, under the Special Permit-Accessory Use category, for the outside parking of commercially registered vehicles.
|
ii.
The maximum amount of exterior storage shall not exceed 10%
of the lot area, with the following conditions:
|
•
|
All exterior storage, including trailers under 18 feet in bed
length, shall be completely screened from view.
|
|
•
|
Any exterior storage shall not be closer than 30 feet to any
off-premise dwelling in existence as of the effective date of this
bylaw.
|
|
•
|
Unless specifically approved by the Board no exterior storage
shall occur within five feet of any lot line.
|
|
•
|
No exterior storage shall be allowed within any front yard area as defined in Article 3 Definitions. Materials that require use of a motorized device to off-load or load shall not be stored on the premises of a home-based service business.
|
iii.
There shall not be more than two employees who are not family
members assigned to work on the premises of the home-based service
business, under the following conditions.
|
•
|
Every such nonfamily employee is engaged in work within the dwelling or in an accessory structure or screened in area subject to the provisions of § 240-13.1A.
|
|
•
|
No work other than moving goods, materials, or equipment shall
occur outside a structure on the premises.
|
|
•
|
The business may employ other individuals to perform work at off-site locations and only limited visits of an occasional nature to the premises by such employees shall not constitute employment on the premises for the purposes of § 240-9.5. However, limited employee visits to the business to pick up work assignments or supplies may occur, provided no such visits shall occur more than twice a day, exceed 30 minutes, and are made only during regular business hours.
|
iv.
Hours of operation, equipment management requirements, storage
of equipment, and other conditions necessary for the issuance of the
special permit shall be as follows.
|
•
|
Except for emergency situations, regular business hours for
the home-based service business, as well as any loading or off-loading
of equipment or supplies, shall be limited to between the hours of
7:00 a.m. and 7:00 p.m.
|
|
•
|
No vehicles used for delivery or pick-up purposes shall exceed
13,000 pounds of gross vehicle weight.
|
|
•
|
There shall be no running or servicing of motorized equipment
used by the home-base service business on the premises of that business
or within the layout of a street or way on which the premises has
frontage, except for normal business activities in connection with
providing services to a customer of the business on the street or
way; this provision specifically excludes the operation of licensed
company vehicles.
|
|
•
|
Company vehicles shall be serviced off-site in an approved vehicle
service facility.
|
|
•
|
Motorized equipment, such as lawnmowers and so-called "bobcat"
excavation machines, may be loaded and off-loaded only between the
hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. All such
loading and off-loading shall take place only within a driveway, garage,
or equipment storage area on the business premises and not within
any street or way, except for normal business activities in connection
with providing services to a customer of the business.
|
|
•
|
Any motorized equipment registered for on-street travel, including
but not limited to so called "bucket trucks" or similar vehicles,
shall not be considered equipment for the purposes of this bylaw.
|
|
•
|
There shall be no stockpiling or storage of landscape materials,
including but not limited to: topsoil, sand or other fill material,
crushed stone, gravel, seashells, seaweed, mulch, or wood chips for
resale, by any home-based service business.
|
(2)
Additional special permit criteria - In addition to § 240-9.5A(1) and the criteria found in § 240-12.1E, the Zoning Board of Appeals shall find the following criteria have been satisfied:
a.
The ways providing access are adequate and can safely accommodate
the traffic of the home-based service business (HBSB) to and from
the site.
b.
The Board shall limit the number of employees or subcontractors
who routinely visit the site for the purposes of § 240-9.5B(1)c.iii.,
above, taking into consideration neighborhood characteristics and
the nature of the HBSB.
c.
The Board shall make a finding that the hazardous materials
storage requirements of the Water Resource Protection Overlay District
have been satisfied.
d.
The Board shall consider the cumulative effects of allowing
more than one HBSB located in any given neighborhood taking into account
the density of the neighborhood, the distance separating each HBSB,
the nature of each HBSB, and the effects on abutters, if any.
(1)
Purpose - This article defines permitting requirements and standards for medical marijuana treatment centers, also known as "registered marijuana dispensaries", which are consistent with the regulations adopted for such facilities by the Cannabis Control Commission. Additional definitions and regulations are in 935 CMR 501.000, relative to the registration, establishment, operations, and regulation of such centers/dispensaries, as well as hardship cultivation registration by the Cannabis Control Commission. Nothing in § 240-9.6 is intended to regulate or prohibit uses or activities under a hardship cultivation registration.
(2)
Permitting - Marijuana treatment center/registered marijuana
dispensary shall be allowed subject to a special permit by the Planning
Board in Business 2 Zoning Districts only.
(3)
Special permit criteria standards - In addition to the special permit requirements found in § 240-12.1, any marijuana treatment center/registered marijuana dispensary shall:
a.
Not be located within 500 feet of a public or private kindergarten,
primary or secondary school, place of worship, day nursery, nursery
school, or public park or playground; no other specific separation
requirements will apply;
b.
Be approved for operation, or remain in operation, with a MTC
license from the Massachusetts Cannabis Control Commission and a certificate
of registration;
c.
Be compliant at all times with the security measures required
by 105 CMR 725.000.
d.
Provide a description of security measures, including any updates,
to the Falmouth Police Department, along with after-hours contact
information;
e.
Locate (or remove) trees, bushes, and other foliage located
on the site outside of the center/dispensary so they do not allow
for a person or persons to conceal themselves from sight within 50
feet of any entrance or of any parking space designated to be utilized
by registered qualifying patients, personal caregivers, and dispensary
agents of the center/dispensary, notwithstanding any other provisions
of this bylaw regarding required landscaping or vegetated buffers;
f.
Be in compliance with 105 CMR 725.105(D) and cultivation, production,
preparation, transport, or analysis shall be done in a manner to prevent
diversion, theft, or loss; all phases of the cultivation of marijuana
shall take place in designated, locked, limited access areas that
are monitored by a surveillance camera system in accordance with 105
CMR 725.110(D)(1)(d) through (i);
g.
Adopt emergency procedures, including a plan with procedures
to be followed in case of fire or other emergencies, copies of which
shall be filed with the Police and Fire Departments;
h.
Provide parking applicable to retail establishments for that
portion of the floor area designated for sales, and to manufacturing
or other industrial buildings for floor area designated for storage
or for cultivation of marijuana or preparation of MIPs; and
i.
Be in compliance with 105 CMR 725.105(L) regarding marketing,
advertising, and signs.
See Article 3 - Definitions for definitions related to marijuana treatment center.
(1)
Purposes - The Planning Board may permit the use of a planned
residential development (PRD) if, in the Planning Board's sole
judgment, it serves the following purposes:
a.
Agricultural or farming activity will be preserved and protected
from redevelopment.
b.
The natural integrity of environmentally sensitive or wildlife
habitat areas will be enhanced.
c.
Scenic vistas will be highlighted and preserved.
d.
Existing recreational activities, integral with the regional
and local tourist and recreational economy, which cannot otherwise
be self-supporting, will be preserved and protected from redevelopment.
e.
The excellence of the overall design and residential amenities
are such as to warrant special consideration for modification of existing
standards elsewhere in this bylaw.
f.
The proposed development is consistent with municipal comprehensive
plans and objectives.
g.
The proposed development site plan is designed in its space
allocation, proportions, orientation, materials, landscaping, and
other features so as to produce a stable and desirable character,
complementary and integral with the site's natural features.
(2)
Applicability - Any requirements for residential districts in the bylaw to the contrary notwithstanding, a parcel of land or aggregation of parcels of land with property lots of less than the minimum areas, setbacks, widths, coverage, or frontages specified in Article 11 Dimensional Regulations, may be laid out, and dwellings of different types may be erected on the lots. Existing recreational or agricultural uses may be included within the perimeter of the parcel as a mixed-use development, but only in conformance with conditions set forth herein.
The proposed development shall be shown on a plan endorsed by
the Planning Board as "Approved for Planned Residential Development,"
Planning Board special permit - A Planned Residential Development shall require a special permit. The special permit granting authority for the PRD shall be the Planning Board. Approval by the Board may be given only if the plan meets the minimum requirements of § 240-9.7E., and conditions and four or more of the purposes of § 240-9.7A(1).
(1)
Housing - A PRD may contain one or more of the housing types specified below and defined in Article 3 - Definitions, Residential/Dwelling/Housing Related terms:
(2)
Agricultural and recreational uses - Planned residential development may also contain an agricultural or recreational use specified here and otherwise in accordance with § 240-9.7I:
(3)
Definitive plan notation - Each lot within the development shall
contain a notation on the definitive plan identifying the use of that
lot for one of the allowed housing types or uses specified above,
and the notation shall not be altered without a vote of approval by
the Planning Board to modify the notation as required by MGL c. 41,
§ 81W, and MGL c. 40A, § 9.
(1)
Setbacks - Setbacks for lot lines and roadways from the perimeter of the total parcel shall be not less than 25 feet, unless the Planning Board determines greater setbacks are required to fulfill the intent of § 240-9.7.
(2)
Lot dimensions and yard requirements - The minimum lot dimensions and yard requirements under § 240-9.7 are listed in the table below, except where a greater area may be required for sanitary reasons, or because of pollutant impacts or other hazards:
|
Table of Dimensional Requirements
| |||||
|---|---|---|---|---|---|
|
Housing Type
|
Lot Width
(feet)
|
Lot Area
(square feet)
|
Lot Frontage
(feet)
|
Front Yard Setback
(feet)
|
Side & Rear Yard Setback
(feet)
|
|
Single-family detached
|
75
|
10,000
|
50
|
25
|
10
|
|
Two-family & semi-detached
|
125
|
15,000
|
75
|
25
|
20
|
|
Multi-family; municipal water and sewer
|
125
|
20,000
|
75
|
25
|
20
|
|
No municipal sewer
|
150
|
30,000
|
75
|
25
|
20
|
(3)
Resource areas - No buildable lot shall include resource areas as referred to in § 240-9.7E(2), and no buildable lot boundary shall be located closer than 100 feet from the edge of such resource areas or further if necessary to accomplish the purposes of § 240-9.7A(1).
(4)
Clustered lots - The lots for building purposes shall be grouped
in a cluster of approximately three to five lots, and within each
cluster the lots shall be contiguous.
(5)
Lot coverage - In a Planned Residential Development having at
least 50% open space of the entire parcel, lot coverage of developable
lots shall be limited to 40% lot coverage by structures.
(6)
Lot area - The minimum lot area shall be as required in the
above Table, except where a greater area may be required by the Board
of Health for sanitary reasons or because of pollutant impacts or
other hazards.
(1)
Parcel area - The minimum parcel area for a PRD shall meet the
following:
|
Table of Land Area Required
| |
|---|---|
|
Multi-family Units Included
|
Minimum Parcel Area
|
|
Agricultural B
|
5 acres
|
|
Residential B
|
5 acres
|
|
Residential C
|
5 acres
|
|
General Residence
|
5 acres
|
|
Agricultural A
|
10 acres
|
|
Agricultural AA
|
10 acres
|
|
Residential A
|
10 acres
|
|
Residential AA
|
10 acres
|
|
Public Use
|
10 acres
|
|
Multi-family Units Not Included
|
Minimum Parcel Area
|
|
Agricultural A
|
The total area required shall be at least the area required for 2 conforming building lots under the schedule of requirements in § 240-11.2B.
|
|
Agricultural AA
| |
|
Agricultural B
| |
|
Residential AA
| |
|
Residential A
| |
|
Residential B
| |
|
Residential C
| |
|
Public Uses
| |
(2)
Parcel area exclusions - In determining the minimum total area of the tract and the allowed density under § 240-9.7E, for the purpose of a PRD, the following shall not be included:
a.
Dunes, beach, waterbody, bog, swamp, wet meadow or marsh, and
all other critical natural resources as defined in MGL c. 131, § 40,
otherwise known as resource areas;
b.
Land otherwise prohibited from residential development by local
or state law, regulation, statute, or by a prior conservation or easement
restriction recorded in the Barnstable County Registry of Deeds; and
c.
Any land having grades in excess of 25%.
(1)
Density maximum - The maximum number of dwelling units permitted within the perimeter (total area) of a PRD shall be determined by the standard density allowed in the District in which the PRD is located, as set forth in Article 11 Dimensional Regulations, but after subtracting land area excluded under § 240-9.7E.(2).
(2)
Density calculation - To establish the maximum number of dwelling
units, an applicant shall submit a conventional preliminary subdivision
plan showing a lot layout complying with the minimum lot area, frontage,
and width requirements of the Bylaw, and showing a street layout that
complies with the Planning Board's Rules and Regulations Governing
the Subdivision of Land. Density may be less where a determination
is made by the Board that physical and topographic features of the
land would preclude attainment of the density allowed under existing
zoning.
(3)
Mixed-use density - When the proposed PRD incorporates a commercial, agricultural, or recreational use under § 240-9.7C, the allowed density of units calculated may be further reduced according to the results of a comparative analysis, submitted as an environmental impact study, between the potential residential development allowed as of right and the proposed mix of residential and agricultural or recreational use that supports such a density reduction in the discretion of the Planning Board.
(1)
Open space density bonus - If a proposed PRD incorporates land identified in the Cape Cod Regional Policy Plan or the Falmouth Local Comprehensive Plan/Open Space Element into the proposed open space, and that land is part of the regional or local greenbelt, walking, hiking, or biking network, the maximum number of dwelling units permitted within the PRD may be increased by 20% over that allowed under § 240-9.7F and § 240-9.7G, to a maximum of four units.
(2)
Planning Board decision - The density bonus may only be allowed
by the Planning Board as part of the special permit process for a
PRD. To qualify for the density bonus, the Planning Board must find
that the open space set-aside meets criteria (2)a. below, in addition
to at least one of the three criteria listed under (2)b., c., and
d., below:
a.
The proposed open space parcel abuts existing public open space
or protected open space owned by a nonprofit land trust;
b.
There are rare, threatened, or endangered species in the open
space parcel to be provided in the planned residential development
or the addition of the proposed open space parcel further protects
rare, threatened, or endangered species on any adjoining open space
parcel, whether public or private;
c.
The proposed open space parcel links, via a public access easement
or similar instrument, existing or proposed public hiking or walking
trails, bikeways, access points to the shoreline, etc.;
d.
The applicant proposes to donate the open space to a land trust
or public entity to allow for public access.
(1)
Open space parcels - All the remaining land within the PRD not
contained in the lots or within the road right-of-way shall be contiguous
in parcels of not less than one acre in area. The Planning Board may
permit open space parcels that are not contiguous if the intent and
purpose of the Bylaw is fulfilled. Parcels of less than one acre in
area may be permitted for use as a bicycle path or walkway within
the subdivision at the discretion of the Board. Any and all structures
or uses of open space areas will only be permitted at the discretion
of the Board.
(2)
Open space requirement - The total area of open space shall be required according to the following table and in accordance with the allowed density of the zoning district as set forth in Article 11 Dimensional Regulations.
|
Table of Open Space Required
| |
|---|---|
|
Development Type
|
Open Space Required
|
|
Single-family units in 30,000 square foot zoning districts or
smaller
|
Not less than 40% of the land area
|
|
Single-family units in 45,000 square foot zoning districts or
larger
|
Not less than 50% of the land area
|
|
Two or more multi-family units in any zoning district
|
Not less than 65% of the land area
|
(3)
Open space ownership - Ownership of all remaining land set aside according to § 240-9.7H(2) shall be permanently conveyed to one of the following:
a.
A corporation or trust owned or to be owned by the owners of
lots or residential units within the development tract for recreational
or open space purposes only, which shall not be further subdivided
or used for building purposes or recreational activities unless specifically
approved by the Planning Board;
b.
To a recognized nonprofit organization as approved by the Planning
Board, the principal purpose of which is the conservation of open
space; or
c.
The Town of Falmouth, in which case the Town shall not use any
land conveyed for open space for any purpose other than for recreation,
parkland, or open space.
(4)
Open space restriction - For land not conveyed to the Town,
a Town enforceable restriction shall be recorded that requires all
open space be kept in an open or natural state and not be built for
commercial or residential use or developed for accessory uses such
as parking or roadway.
(1)
Standards - If a parcel of land contains a use under § 240-9.7C(2) it may be included in the PRD if the following additional standards are met:
a.
The activity or use shall be set aside in a lot with dimensions necessary to continue the activity or use at a level deemed appropriate in accordance with the objectives of § 240-9.7.
b.
The area of the lot in which the activity or use is incorporated may not count towards more than 1/3 of the required open space necessary to meet § 240-9.7F(3) requirements.
c.
A permanent deed restriction eliminating further development
of the property shall be required; allowance for modification or expansion
of the existing use within that deed restriction may be mutually agreed
upon by the applicant and the Planning Board.
d.
No access to the agricultural or recreational use shall be allowed
over residential lots, either existing or approved, as part of the
PRD.
(1)
Preliminary plan - Preliminary plan applications for a proposed PRD are encouraged to be made to the Planning Board according to Article III of Chapter 305, the Subdivision Rules and Regulations of Falmouth. In addition to those requirements listed in Article III of Chapter 305, the following shall be required for preliminary plan submittals:
(2)
Special permit - Applications for issuance of a special permit and approval of development plans may be submitted after completion of a preliminary plan review. Applications for approval of a special permit and definitive subdivision plans shall be submitted and reviewed according to Article V of Chapter 305 of the Town Code, the Subdivision Rules and Regulations of the Town of Falmouth. Additional information as may be required in the preliminary plan review or as specified in §§ 240-9.7K(1) and (2) shall also be submitted.
The purpose of § 240-9.8 is to accommodate wind energy systems as accessory land uses to supplement the power used by residents, municipal government bodies, and businesses and to provide standards for the placement, design, construction, monitoring, modification, and removal of wind energy systems through a special permitting process based on the procedures, provisions, and requirements established herein.
(1)
Wind energy systems allowed with limitations - Any provisions
or requirements of the Zoning Bylaw to the contrary notwithstanding,
wind energy systems as defined shall only be constructed or modified
through a special permit issued by the Planning Board as the special
permit granting authority, (SPGA) subject to the following limitations:
a.
A small wind energy systems (SWES) may be permitted in Single
Residence A and AA, Agricultural A and AA, Business 2, Public Use,
and Light Industrial Zoning Districts, as further specified herein.
b.
Large wind energy systems (LWES) may be permitted in Public
Use or Light Industrial Zoning Districts and only freestanding monotube
tower designs are permitted for LWES.
c.
WES may only be permitted when accessory to a principal land
use.
(2)
Wind energy systems prohibited - Any provisions or requirements of § 240-9.8 to the contrary notwithstanding, no wind energy system as defined shall be constructed or modified, and no special permit shall issue, for any wind energy system under this bylaw:
(3)
Exceptions - Any provisions or requirements of § 240-9.8 to the contrary notwithstanding, a WES lawfully in existence as of the effective date of this article shall be considered conforming and may apply for a special permit under this article to alter, modify, re-locate, or otherwise make improvements consistent with § 240-9.8.
See Article 3 - Definitions, for definitions related to wind energy systems.
(1)
Pre-application meeting - The Planning Department shall review
all applications at a mandatory pre-application meeting prior to submittal
to the Planning Board.
(2)
Application requirements - In addition to the requirements found in the Town of Falmouth Code §§ 300-1 through 300-15 (the Planning Board rules and regulations governing the issuance of special permits) applications for a special permit to determine compliance under § 240-9.8 shall include all material that the Planning Board may reasonably require, and shall provide the following, unless waived by the Board:
a.
A copy of the application for interconnection with the electricity
utility provider, if the WES is proposed to be connected to the power
grid;
b.
Proof of liability insurance for an amount and duration sufficient
to cover loss or damage to persons and structures occasioned by the
failure of the facility, in the form of a preliminary commitment from
a recognized carrier; and
c.
Documentation of actual or prospective control of the project
site sufficient to allow for construction and use of the proposed
facility.
(3)
Documentation details - Documentation shall include proof of
control over setback areas and access roads, if necessary, as well
as the following information:
a.
Names and addresses of property owners within the public outreach
area as defined; and
b.
Certifications, if any, of the WES shall be noted; for example:
Small Wind Certification Council, American Wind Energy Association,
National Renewable Energy Laboratory, California Energy Commission,
or the New York State Energy Research and Development Authority.
(4)
Site plan details - The following site plan information shall
be provided:
a.
Property lines and physical dimensions of the subject property;
b.
All other parcels and occupied structures within the public
outreach area as defined;
c.
Location, dimensions, and types of existing structures on the
site property;
d.
Location of the proposed wind turbine foundation(s), guy anchors,
ground equipment, appurtenant structures, transmission infrastructure,
access, fencing, and exterior lighting;
e.
Distance between foundation and property lines;
f.
All overhead utility wires; and
g.
Extent of clearing necessary for installation and any areas
to be revegetated.
(5)
Engineering details - The following engineering details shall
be provided:
a.
Wind energy system specifications, including manufacturer and
model, rotor diameter, tower height, and tower type;
b.
For large WES MET Tower data, 12 months or equivalent available
data;
c.
Electrical plans and components, in sufficient detail, and stamped
by an electrical engineer licensed in the Commonwealth of Massachusetts,
to allow for a determination that the manner of installation conforms
to all applicable codes; and
d.
Evidence of compliance or nonapplicability with Federal Aviation
Administration requirements.
(6)
Operating details - The applicant shall submit an operations
and maintenance (O&M) plan, to remain on file with the Planning
Board, for maintenance of access roads and stormwater controls, if
any, as well as general procedures for operational maintenance of
the WES. The O&M Plan shall address the following:
(7)
Sound impact analysis & requirements - The applicant shall
submit a manufacturer's documentation of sound impacts of the
wind turbine(s) under various wind conditions, represented by a chart
or map indicating the expected decibel levels at given distances from
the wind turbine, including along the property lines. The sound analysis
shall include the following information and the following requirements
shall be met:
a.
The sound analysis shall include measurements of ambient sound
levels under typical daytime and nighttime conditions.
b.
The applicant shall specify the conditions under which ambient
sound levels are measured, as well as the frequency and duration of
these measurements.
c.
The Planning Board reserves the right to request measurement
or modeling to the degree necessary to determine the potential sound
impacts of a proposed WES, and to employ the services of its own acoustical
expert at the expense of the applicant.
d.
Sound modeling shall include analysis of, but not limited to,
the following: intermittent sound; sound power; spreading loss; atmospheric
attenuation; barriers; ground attenuation and topography; meteorology,
including seasonal variation; and wind direction, speed, and shear.
e.
The applicant shall have the burden of proving that the sound
generated by the proposed WES will not have a significant adverse
impact on adjacent land uses.
f.
The Planning Board shall determine the sound setback from the
sound impact analysis described above in order to not exceed increases
in broadband sound levels by more than six A-weighted decibels or
"pure tone" sound levels by more than three A-weighted decibels over
ambient sound levels at the property line.
g.
An analysis prepared by a qualified acoustical expert shall
be presented to demonstrate compliance with the noise setback.
h.
The Planning Board may require a larger setback to fulfill the
intent of the safety or sound setback based on manufacturer or industry
standards for the type of WES under review.
(8)
Flicker analysis & requirements
-
a.
The applicant shall submit an evaluation of the flicker effects
of the wind turbine(s) as proposed to be sited on the parcel. The
analysis shall include the following information:
b.
The following requirements shall be met:
i.
The applicant must demonstrate that flicker will not occur more
than 30 minutes per day and will not exceed 10 total hours per year
over the property line.
ii.
The applicant has the burden of proving that flicker will not
have a significant adverse impact on adjacent land uses either through
siting or mitigation.
(9)
Design standards - The following
design standards shall be met:
a.
Color and finish: All components of the WES shall be painted
a neutral, nonreflective color.
b.
Lighting: Wind turbines shall be lighted only if required by
the Federal Aviation Administration; lighting of appurtenant structures
shall be limited to that required for safety, security, and operational
purposes, and shall be shielded from abutting properties to the extent
possible.
c.
Signs: A WES shall not display any permanent or temporary signs,
writing, symbols, logos, or any graphic representation except the
following:
d.
Utilities: Utility connections shall be installed underground;
electrical transformers for utility interconnection may be above ground,
if required by the utility provider.
(10)
Safety and environmental standards
a.
Emergency services
i.
The applicant shall provide a copy of the project approval and
site plan to the Falmouth
ii.
Police Department and Falmouth Fire and Rescue Department.
iii.
The applicant shall cooperate with the FFRD in
developing an emergency response plan, which must be approved by the
Planning Board.
iv.
The emergency response plan shall account for any hazardous
materials located at the property necessary for the operation of the
WES.
(11)
Clearing standards - The following clearing standards shall
be met:
(1)
Special permit process criteria - In addition to the requirements found in §§ 300-1 through 300- 8 of the Town Code, (Planning Board rules for special permits,) applications for a special permit under § 240-9.8 shall be subject to the following procedural requirement:
a.
In addition to those property owners identified as parties-in-interest,
the Planning Board shall, by regular mail, alert property owners within
the public outreach area of the time, place, and date of the required
public hearing for any WES. The purpose of this outreach effort is
to broaden the base of information gathering beyond that typically
required of other special permit applications, while not conferring
party-in-interest status beyond that defined by G. L. c. 40A, § 11.
(2)
Special permit review criteria - Applications for WES shall
be subject to the following performance requirements:
a.
System height: The Planning Board shall determine the maximum
height of a WES based on the operational characteristics of the WES,
but in no case shall the maximum permitted height exceed the setback
requirements.
b.
Setbacks: The setback from property lines shall be not less
than the system height plus 10% to mitigate risk from ice throw or
mechanical failure.
(1)
Inspection and report - Every LWES shall be subject to an annual
inspection, with a report submitted to the Planning Board and Building
Commissioner.
(2)
Inspection evaluation - The inspection shall include an evaluation
of all mechanical and structural components, especially safety, performed
by professional engineers with the proper registrations (i.e., structural,
electrical, mechanical, etc.).
(1)
Decommissioning - removal requirements - A WES which has reached
the end of its useful life or has been abandoned shall be removed.
For a scheduled decommissioning, the owner shall notify the Planning
Board by certified mail of the proposed date of discontinued operations
and plans for removal. The owner shall physically remove the WES not
more than 150 days after the date of discontinued operations. Decommissioning
shall consist of:
a.
Physical removal of all wind turbines, structures, equipment,
security barriers, and transmission lines from the site;
b.
Disposal of all solid and hazardous waste in accordance with
local and state regulations; and
c.
Stabilization or revegetation of the site as necessary to minimize
erosion; the Planning Board may allow the owner to leave below-grade
foundations in place in order to minimize disruption.
(2)
Abandonment - Absent notice of a proposed date of decommissioning,
the WES shall be considered abandoned when the facility fails to operate
for more than 12 consecutive months.
(3)
Notification - Prior to declaring the WES to be abandoned, the
Planning Board shall notify the owner by certified mail that corrective
action must be taken. The owner shall have 30 days to respond and
provide a schedule for corrective action.
(4)
Financial surety - The Planning Board shall require the applicant
for any LWES to provide surety, either as a bond or escrow account,
to cover the cost of removal in the event the Town must remove the
LWES together with a right-of-entry onto the property in the event
of default. The applicant shall submit a fully inclusive estimate
of the costs associated with removal, prepared by a qualified engineer.
The amount shall be adjusted for inflation.
(5)
Public inquiries/complaints - The applicant shall identify a
responsible person and contact phone number in the event of public
inquiries or complaints, for as long as the WES is in place. Complaints
that cannot be resolved by the parties shall be forwarded to the Building
Commissioner, with a copy to the Planning Board, by the responsible
person identified above.
