Except as provided by law or in this bylaw, in each district no building, structure, or land shall be used or occupied except for the purposes permitted as set forth in the accompanying Table of Use Regulations, § 175-21.
A use listed in § 175-21 is permitted as of right in any district under which it is denoted by the letter "Y" subject to such requirements as may be specified elsewhere in this bylaw. If designated in the table by the letters "SP" the use may be permitted as an exception only if the Board of Appeals so determines and grants a special permit therefore as provided in Article XII subject to such restrictions as set forth elsewhere in this bylaw and such further restrictions as said Board of Appeals may establish. The letter "N" shall designate that the use is not permitted, except by a variance from the Board of Appeals.
A.
High Density Residential, R-20 - To encourage compact
residential development.
B.
Medium Density Residential, R-30 - To provide areas
for a reasonably spacious residential environment.
C.
Low Density Residential, R-40 - To provide areas for
a particularly spacious residential environment.
D.
General Commercial, GC - To primarily establish compact
business centers which do not include noxious or land expansive uses
and which are centrally located, have adequate vehicular access, and
are designed for pedestrian shoppers as much as possible.
E.
Highway commercial, HC - To primarily provide locations
for businesses which cater to a traffic-oriented market or which need
large expanses of land and would not be appropriate in compact general
commercial centers.
F.
Industrial, I - To reserve areas for the development
of industry that will be compatible with the Town and the immediate
area.
G.
Flood Plain and Wetlands Protection, FW - To protect
and preserve the marshes, bogs, ponds, water courses and their adjoining
wetlands; to reduce the hazards of floods upon the public heath, safety
and general welfare; to protect flood plain occupants from a flood
that is or may be caused by their own land use and that is or may
be undertaken without full realization of the dangers therein; to
protect the public from the burden of extraordinary financial expenditure
for flood control and relief; to protect the capacity of flood plain
and wetland areas to absorb, transmit and store runoff; to assure
retention of sufficient floodway area to convey flows which can reasonably
be expected to occur.
H.
Business Development, BD – To primarily establish general commercial
and business uses which require or cater to traffic-oriented business,
pass-by visibility and/or adequate large vehicle or large volume access
as provided by the state highway, but also prohibiting the future
development of residential uses.
[Amended 5-21-2018 ATM
by Art. 31]
I.
Watershed Protection District, WPD - To protect existing
and future water resources.
J.
Transit Oriented Development, TOD - To encourage the development of land uses that compliment both the existing commuter rail line and the established residential areas surrounding the station, by providing for a mix of small uses on well buffered sites to support commuters and adjacent residential development, encourage the continued use of rail service, increase the number of pedestrian and bicycle trips, while decreasing the number of automobile trips within the Town. (See § 175-37.)
[Added 4-7-2003 ATM by Art. 25]
K.
Central Business District, CBD - To allow for the reasonable use, enhancement, expansion and redevelopment of those areas of the Town that are currently developed in a building intensive manner where parking is available on-street as well as in common lots. (See § 175-38.)
[Added 4-7-2003 ATM by Art. 25]
L.
Multiple Use Planned Development District, MUPDD - To establish areas and standards for the overall planned development of land with mixed-uses. The District attempts to accommodate low-impact activities in an overall low density but with intensive use clusters, making use of natural features and vegetation, screening and setbacks to have minimal impact on surrounding land uses. (See § 175-39.)
[Added 4-7-2003 ATM by Art. 25]
[Amended 4-7-2003 ATM by Art. 25]
(Editor's Note: The Table of Use Regulations is included at the end of this chapter.)
All adult entertainment establishments as defined in Article II of this Zoning Bylaw are allowed in the Industrial District (I) upon the granting of a special permit by the Zoning Board of Appeals. All adult entertainment uses shall comply with the following requirements:
A.
No adult entertainment establishment shall be located
within the following designated areas:
(1)
Within 500 feet from the nearest boundary line of
any residential zoning district or from the nearest property line
of any residential use;
(2)
Within 500 from the nearest property line of any public
or private school, or municipal building open to the general public;
(3)
Within 500 feet from the nearest property line of
any church or other religious facility;
(4)
Within 500 feet from the nearest property line of
any public park or recreation area and any principal or accessory
private recreational facility use;
(5)
Within 500 feet from the nearest property line of
any group day care center, family day care center, nursing home and
hospital;
(6)
Within 1,000 feet from the nearest property line of
any other adult entertainment establishment.
(7)
Within 500 feet from any establishment licensed under the provisions of Section 12 of Massachusetts General Laws Chapter 138.
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The distances specified above shall be measured
by a straight line from the nearest property line of the premises
on which the adult entertainment establishment is to be located to
the nearest boundary line of a residential zoning district, or to
the nearest property line of any residential use, public or private
school, church or other religious facility, public park or recreational
area, group day care center, family day care center, nursing home,
hospital or any other adult entertainment use, as the case may be.
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(8)
Within 50 feet of a public or private way or 50 feet
from all other property lines.
B.
Additional siting requirements.
(1)
The maximum lot coverage, including building, parking
and driveways shall be 50% of the upland lot area.
(2)
A fifty-foot vegetated buffer containing adequate
screening appropriate to the character of the area and the intensity
of the use shall be provided between an adult entertainment establishment
and other abutting commercial uses.
(3)
An adult entertainment use shall not be allowed within
a building containing other retail, consumer or residential uses,
or within a shopping center, shopping plaza, or mall.
(4)
The appearance of buildings for adult uses shall be
consistent with the appearance of buildings in similar (but not specifically
"adult") use, and not employ unusual color or building design which
would attract attention to the premises.
(5)
There shall be screening of windows and doors to prevent
the public's view of the interior from any public or private right-of-way
or abutting property.
C.
Sign requirements.
(1)
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 to be mounted on the building
wall face shall be allowed for an adult use. All other signs whether
on the exterior of the building or visible from the exterior of the
building are prohibited.
(2)
No adult entertainment establishment may have any
flashing lights visible from outside the establishment. Furthermore,
no sign shall rotate, or contain reflective or fluorescent elements.
(3)
No pictures, publications, videotapes, movies, covers
or other advertising items that fall within the definition of an adult
bookstore, adult cabaret, adult motion picture theater, adult paraphernalia
store or adult video store shall be displayed in the windows of, or
on the building of, any adult entertainment establishment.
D.
Special permit submission and approval.
(1)
A site plan shall be submitted by the applicant in order that the special permit granting authority may determine that the above standards have been met. The site plan shall be prepared and submitted in accordance with § 175-3, Site Plan Review, of this bylaw. The site plan shall also show when appropriate the distances between the proposed adult entertainment establishment and any residential zoning district, public or private school, church or other religious facility, public park or recreation area, group day care center, family day care center, nursing home and hospital, municipal building, and any other adult entertainment establishment(s).
(2)
All applications for a special permit must include
the following information:
(a)
Names and addresses of the legal owner(s) of
the adult entertainment establishment.
(b)
Name and address of all persons having a fee, equity and/or security interest in such establishment. In the event a corporation, partnership, trust or other entity is listed, the name and address of every person who has an ownership interest and/or beneficial interest in the entity must be listed in order that the special permit granting authority will know who are the persons who will actually own and control the establishment. The applicant and/or owner must disclose if they have been convicted of violating the provisions of Massachusetts General Laws Section 63 of Chapter 119 or Section 28 of Chapter 272.
(c)
Name and address of the manager.
(d)
The number of employees, or proposed number
of employees, as the case may be.
(e)
Proposed security precautions.
(3)
Special permits shall be granted for adult entertainment
establishments only upon determination by the special permit granting
authority that the location and design of the facility are in harmony
with its surroundings, and that adequate safeguards exist through
licensing or other means to assure on a continuing basis that activities
therein will not be patently contrary to prevailing standards of adults
in the community and will not involve minors in any way.
(4)
In approving a special permit, the special permit
granting authority may attach such conditions, limitations and safeguards
as are deemed necessary to protect the immediate area and the Town,
provided however that no such conditions in fact prohibit the use
of the property for the use intended. No special permit shall take
effect until such decision has been recorded in the Registry of Deeds.
Conditions of approval may include but are not limited to the following:
(a)
Street, side or rear setbacks greater than the
minimum required by this bylaw.
(b)
Requirement of screening of parking areas or
other parts of the premises from adjoining premises or from the street,
by walls, fences, planting, or other means.
(c)
Modification of the exterior features or appearances
of the structure.
(d)
Limitation of size, number of occupants, method
or time of operation, or extent of facilities.
(e)
Regulation of number, design and location of
access drives or other traffic features.
(f)
Requirement of off-street parking or other special
features beyond the minimum required by this or other applicable ordinances.
(g)
The special permit shall be issued to the owner
of the establishment and shall not transfer with a change in ownership
of the business and/or property.
(h)
Where the adult use is not governed by other
state or local licensing boards, the following conditions shall apply:
[1]
A manager responsible for the operation of the establishment shall be designated by the owner, if the owner is not the manager. The manager shall register with the Board of Selectmen. No manager shall be designated who has been convicted of violating MGL Ch. 119, Section 63, (Inducing or abetting delinquency of a child) or MGL Ch. 272, Section 28, (Matter harmful to minors, etc.) or similar laws in other states.
[2]
The special permit granting authority may limit
the hours of operation.
E.
Lapse of permit.
(1)
Any special permit granted hereunder for an adult
entertainment establishment shall lapse after one year, including
such time required to pursue or await the determination of an appeal
from the grant thereof, if a substantial use thereof has not sooner
commenced except for good cause, or if in the case of a permit for
construction, if construction has not begun by such date except for
good cause, including such time to pursue or await the determination
of an appeal referred to in Massachusetts General Laws Chapter 40A,
Section 17, from the grant thereof.
(2)
The special permit shall lapse after two years, unless
a shorter term is specified by the special permit granting authority.
Upon receipt of a valid application, the special permit granting authority
may grant another special permit provided that the Board finds that
all conditions of this section and of approval have been complied
with.
(3)
The special permit shall not be renewed if any of
the following has taken place on or in proximity to and associated
with the premises:
(4)
Violation of any of the conditions of approval of
the special permit shall be grounds for non-renewal of the special
permit as provided for above.
F.
Existing adult entertainment establishments. Any adult
entertainment establishment that was in existence as of the first
date of the publication of the notice of public hearing on the this
zoning amendment regulating adult uses may continue to operate in
the same location, without material change in scale or content of
the business but shall apply for such special permit within 90 days
following the adoption of this bylaw.
G.
Prohibited uses. Nothing in this ordinance is intended
to authorize, legalize or permit the establishment, operation or maintenance
of any business, building or use which violated any Town ordinance
or statute of the Commonwealth of Massachusetts regarding public nuisances,
sexual conduct, lewdness, or obscene or harmful matter, or the exhibition
or public display thereof.
A.
Purpose. This section as been created to protect the
general public from hazards associated with wireless communications
facilities and to minimize visual impacts from wireless communications
facilities on residential districts. This section does not apply to
satellite dishes and antennas with a diameter of less than five feet.
B.
General requirements.
(1)
Free-standing monopoles, with associated antenna and/or
panels are the only wireless communications facilities allowed. Lattice
style towers and similar facilities requiring three or more legs and/or
guy wires for support are not allowed.
(2)
To the extent feasible, all service providers shall
co-locate on a single facility. Wireless communications facilities
shall be designed to accommodate the maximum number of users technologically
practicable. The intent of this requirement is to reduce the number
of facilities which will be required to be located within the community.
(3)
Any proposed extension in the height, addition of
cells, antennas or panels, construction or alteration of a facility
shall be subject to an application for an amendment to an existing
special permit.
(4)
New facilities shall be permitted by the special permit
granting authority only upon a finding by the Board that existing
or approved facilities cannot accommodate the wireless communications
equipment planned for the proposed facility.
(5)
In no event shall any facility be located closer than
one mile to any other such facility.
(6)
No facility or attached accessory antenna shall exceed 100 feet in height as measured from ground level at the base of the facility. All facilities shall be designed to be constructed at the minimum height necessary to accommodate the anticipated and future use. Greater heights shall require a variance from the Zoning Board of Appeals in accordance with § 175-82 of this Zoning Bylaw.
(7)
A facility shall not be erected nearer to any property
line than a distance equal to the vertical height of the facility
(inclusive of any appurtenant devices), measured at the mean finished
grade of the facility base. Provided however that a facility shall
not be erected nearer to a lot line for residential use than 500 feet.
(8)
Siting of the facility shall be such that the view
of the facility from adjacent abutters, residential neighbors and
other areas of Town shall be as limited as possible. All facilities
shall be painted or otherwise colored so they will blend in with the
landscape or the structure on which they are located. A different
coloring scheme shall be used to blend the facility with the landscape
below and above the tree or building line.
(9)
Wireless communications facilities shall be suitably
screened from abutters and residential neighborhoods. Existing on-site
vegetation shall be preserved to the maximum extent practicable.
(10)
Fencing shall be provided to control access
to wireless communications facilities and shall be compatible with
the adjacent land uses.
(11)
There shall be no signs, except for announcement signs, no trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall comply with Article IX of this Bylaw.
(12)
Night lighting of the facilities shall be prohibited
unless required by the Federal Aviation Administration. Lighting shall
be limited to that needed for emergencies and/or as required by the
FAA.
(13)
There shall be a minimum of one parking space
and one off-street loading space for each facility, to be used in
connection with the maintenance of the facility and the site, and
not to be used for the permanent storage of vehicles.
(14)
To the extent technologically feasible, all
network interconnections from the facility shall be via land lines.
(15)
Satellite dishes and/or antenna may be located
on structures or may be free-standing. Satellite dishes and/or antenna
shall be situated on a structure in such a manner that they are screened,
preferably not being visible from abutting streets. Free-standing
dishes or antenna shall be located on the landscape in such a manner
so as to minimize visibility from abutting streets and residences
and to limit the need to remove existing vegetation. All equipment
shall be colored, molded and/or installed to blend into the structure
and/or the landscape.
(16)
Antennas or dishes located on a structure shall
not exceed 10 feet in height above the level of its attachment to
the structure.
(17)
Annual certification demonstrating continuing
compliance with the standards of the Federal Communications Commission,
Federal Aviation Administration and the American National Standards
Institute and required maintenance shall be filed with the Building
Inspector by the special permit holder.
(18)
All unused facilities or parts thereof, or accessory
facilities and structures, which have not been used for two years
shall be dismantled and removed at the owner's expense. The Town shall
require a surety bond at the time of application for the dismantling
and removal of the facility.
C.
Procedure for a special permit.
(1)
All applications for wireless communications facilities, antennas or satellite dishes shall be made and filed on the applicable application forms for a special permit in compliance with the Abington Zoning Board of Appeals. In addition, site plan review by the Planning Board under § 175-77 of this bylaw shall be required. The following additional information shall be included in the application for a special permit.
(a)
A locus plan at a scale of one inch equals 200
feet which shall show all property lines, the exact location of the
proposed structure(s), streets, landscape features, residential dwellings
and neighborhoods and all buildings within 500 feet of the facility.
(b)
The following information must be prepared by
a registered professional engineer.
[1]
A description of the facility and the technical,
economic and other reasons for the proposed location, height and design.
[2]
Confirmation that the facility complies with
all applicable federal and state standards.
[3]
A description of the capacity of the facility
including the number and type of panels, antennas and/or transmitter
receivers that it can accommodate and the basis for these calculations.
[4]
If applicable, a written statement that the
proposed facility complies with, or is exempt from applicable regulations
administered by the Federal Aviation Administration (FFA), Federal
Communications Commission (FCC), Massachusetts Aeronautics Commission
and the Massachusetts Department of Public Health.
(c)
Applicants proposing to erect facilities on
municipally owned land or structures shall provide evidence of contractual
authorization from the Town of Abington to conduct wireless communications
services on municipally owned property.
D.
Exemptions. The following types of wireless communication
facilities are exempt from the requirements of this section.
(1)
Amateur radio towers used in accordance with the terms
of any amateur radio service license issued by the Federal Communications
Commissions, provided that the tower is not used or licensed for any
commercial purpose.
(2)
Facilities used for the purposes set forth in M.G.L.
c. 40A, Sec. 3.
(3)
Wireless communication facilities which are ground
mounted with a height of no more than six feet, provided the Building
Inspector determines that the facility is designed to blend in with
its surroundings or is adequately screened from adjacent areas.
A.
The Watershed Protection District (WPD) is an overlay
district whose limits are as shown on the Abington Zoning Map. The
requirements of the WPD shall be superimposed upon the underlying
districts established in this bylaw. Regulations pertaining to the
WPD District shall be in addition to the regulations of the underlying
districts and other Town bylaws. This overlay district shall apply
to all new construction, reconstruction or expansion of existing buildings
and new or expanded uses.
B.
Purpose: The purpose of the WPD is to protect the
public health by preventing contamination of the ground and surface
water resources both existing and future which provide drinking water
to the Town. Because pollution of groundwater resources can occur
as a result of the cumulative effect of many insignificant uses, there
is a need to establish parameters for land use in these specific areas
to avoid pollutants which would affect the water supplies.
C.
Watershed Protection District boundary disputes. If
a landowner disputes the location of the district boundary in relation
to a particular parcel the resolution of the boundary shall be through
a determination by the Board of Appeals.
D.
Use regulations. The Watershed Protection District
shall be considered to be superimposed over any other district established
in this Bylaw. Land in the Watershed Protection District may be used
for any use otherwise permitted in the underlying district, subject
to the following limitations:
(1)
Prohibited uses. The following are prohibited on any
lot or portion of a lot within a Watershed Protection District:
(a)
Manufacture, storage or disposal of toxic or
hazardous materials, as that term is defined by state and local laws.
(See definitions.)
(b)
Sanitary landfill and open dump as defined in
310 CMR 19.006, junkyard, salvage yard or road salt stockpile.
(c)
Motor vehicle service or repair and automobile
graveyards and junkyards, as defined in M.G.L. C. 140B.
(d)
Storage of hazardous materials (as that term
is defined by state and local laws), fuel oil or gasoline either aboveground
or underground except as follows:
[1]
Five hundred fifty gallons of aboveground fuel
oil storage per lot unless fully contained within a building.
[2]
For normal household use.
[3]
Aboveground waste oil retention facilities required
by statute, rule or regulation.
[4]
Emergency generators required by statute, rule
or regulation.
[5]
Treatment works approved pursuant to 314 CMR
5.00, including privately owned sewage treatment facilities for treatment
of groundwater and surface-waters.
[6]
Storage of chemicals used for the treatment
of potable water in accordance with 310 CMR 22 and the Department
of Environmental Protection's Guidelines and Policies for Public Water
Systems, as amended.
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The exceptions [1], [3], [4], [5] and [6] under Subsection D(1)(d) are permitted only to the extent that the materials are stored in double-lined containers within buildings or above ground with secondary containment adequate to contain a spill 125% of the size of the total storage capacity of the container, as approved by the Department of Environmental Protection and in accordance with state law.
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(e)
Except in areas serviced by public sewers, individual
on-site sewage disposal systems having an estimated sewage flow exceeding
110 gallons per day per 10,000 square feet of lot area, provided that
the replacement or repair of a system which will not result in an
increase in the design capacity over the original design, or the design
capacity of 310 CMR 15.00, whichever is greater, shall be exempted.
(f)
Disposal and stockpiling of snow and ice that
contain deicing chemicals and that have been brought in from outside
the district.
(g)
Removal, excavation or grading of vegetation,
soil and/or other geological material solely for commercial earth
removal purposes.
(h)
Hazardous waste generation, treatment, storage
and disposal, as defined by MGL C. 21C and 310 CMR 30.00 and which
require the obtaining of an Environmental Protection Agency identification
number, except for the following:
[1]
Very small quantity generators as defined under
310 CMR 30.000.
[2]
Household hazardous waste centers and events
under 310 CMR 30.390.
[3]
Waste oil retention facilities required by MGL
C. 21, Section 52A.
[4]
Water remediation treatment works approved by
the Department of Environmental Protection for the treatment of contaminated
groundwater or surface waters.
(i)
Any use having on-site disposal of industrial
waste as defined in Title V of the State Environmental Code.
(j)
On-site sewage disposal having an estimated
sewage flow greater than 10,000 gallons per day, regardless of composition
or lot size. On-site sewage disposal having an estimated sewage flow
greater than 2,500 gallons per day, but less than 10,000 gallons per
day, shall be permitted by special permit by the Board of Appeals
only upon the approval of the design by a hydrogeologist retained
by the Town of Abington at the expense of the applicant. Exempt from
this subsection shall be water treatment works approved by the Massachusetts
Department of Environmental Protection for treatment of contaminated
groundwater found on site.
(k)
Rendering impervious more than 15% or 2,500
square feet of the lot area, whichever is greater, of a lot located
within the Watershed Protection District. However, rendering impervious
more than 15% but no more than 50% of the lot area of a lot located
within the Watershed Protection District is permitted in industrial
and commercial districts upon the issuance of a special permit by
the Board of Appeals. An applicant for a special permit must provide
artificial recharge that does not degrade groundwater quality. The
proposed water recharge efforts shall be permitted by the Board of
Appeals only upon the approval of the design by a hydrogeologist retained
by the Town of Abington at the expense of the applicant, under the
provisions of MGL C. 44.
(l)
Landfilling of sludge and septage as defined
in 310 CMR 32.05.
(m)
Storage of sludge and septage, unless in compliance
with 310 CMR 32.30 and 310 CMR 32.31.
(n)
Storage of animal manure unless covered or contained.
(o)
Storage of commercial fertilizers, as defined
in MGL C. 128, Section 64, and soil conditioners, unless within a
structure designed to prevent the generation and escape of contaminated
runoff or leachate.
(p)
The use of septic system cleaners which contain
toxic or hazardous chemicals.
(q)
Storage of deicing chemicals unless such storage,
including loading areas, is within a structure designed to prevent
the generation and escape of contaminated runoff or leachate.
(r)
Storage of liquid petroleum except for normal
household use, outdoor maintenance, heating of a structure, waste
oil retention facilities, emergency generators or treatment works
for contaminated groundwater or surface water, provided that such
storage is indoors or above ground with adequate spill containment
as determined by the Fire Department and the Water Department.
(s)
Industrial and commercial uses which discharge
process wastewater on site.
(2)
Change of use. A change in activity on premises developed prior to the adoption of this bylaw, if resulting in exceeding any limitations established in a special permit or thresholds of Subsection D(1), shall constitute a change of use. Such change of use may be allowed upon application to and approval of a special permit by the Board of Appeals, subject to conditions as may be required by the Board.
(3)
Uses permitted only by special permit. The following
uses are permitted only by special permit by the Board of Appeals:
(a)
Any use that will render impervious more than
15% or 2,500 square feet of any lot, whichever is greater. Artificial
recharge must be provided that does not degrade groundwater quality.
(b)
Activities involving the handling of toxic or
hazardous materials in quantities greater than those associated with
normal household use.
(c)
The construction of dams or other water control
devices or water bodies or courses created for recreational or agricultural
uses or drainage improvements.
(d)
The application of pesticides or fertilizers
for non-domestic or non-agricultural uses.
E.
Design and operation guidelines. Within the Watershed
Protection District, the following design and operation guidelines
shall be observed in all new construction except for single-family
dwellings:
(1)
Safeguards. Provisions shall be made to protect against
hazardous materials discharge or loss through corrosion, accidental
damage, spillage or vandalism. Measures such as spill control in the
vicinity of chemical or fuel delivery points, secure storage areas
for hazardous materials and indoor storage provisions for corrodible
or dissolvable materials shall be provided.
(2)
Location. Where the premises are partially outside
of the Watershed Protection District, such potential pollution sources
as on-site waste disposal systems shall, to the degree feasible, be
located outside the district.
(3)
Disposal. Provisions shall be made to assure that
any waste disposed on the site shall contain no hazardous materials
in quantities substantially greater than associated with normal household
use.
(4)
Drainage. Provision shall be made for on-site recharge
of all stormwater runoff from impervious surfaces unless, following
consultation with, and written approval from, the Conservation Commission,
the Building Inspector determines that either recharge is not feasible
because of site conditions or is undesirable because of uncontrollable
risk to water quality from such recharge. Recharge shall be by surface
infiltration through vegetative surfaces unless otherwise approved
by the Building Inspector following consultation with the Conservation
Commission. Dry wells shall be used only where other methods are infeasible
and shall employ oil, grease and sediment traps. Drainage from loading
areas for hazardous materials shall be separately collected for safe
disposal. Floor drainage systems are specially prohibited.
(5)
Placement of fill. Prior to the placement of any construction
fill in a Watershed Protection District, a certification shall be
presented to the Building Inspector from a Department of Environmental
Protection (DEP) licensed site professional (LSP) that the fill material
does not exceed the standards for oil and hazardous material set forth
in the most recently published Massachusetts Contingency Plan (MCP).
For the purposes of this bylaw only, the term "construction fill"
shall include the following materials: ordinary and special borrow,
gravel, processed gravel for sub-base, sand borrow, sand borrow for
subdrains, loam, peat, processed planting material and topsoil.
F.
Installation of new public sewers.
(1)
New public sewers within the Watershed Protection
District shall be designed and constructed in a manner such that groundwater
levels, flows and/or recharge will not be significantly lowered, diverted
or otherwise altered by such construction.
(2)
Review by the Sewer Department and Water Department.
Within the Watershed Protection District, all plans and specifications
for new public or private sewers must meet Sewer Department standards
and shall also be submitted to the Water Department for review and
approval.
(3)
Proximity to municipal wells. Where possible, no sewer
line shall be placed within 600 feet of a municipal well or within
the zone of influence of a municipal well, whichever is the greater
distance. In addition, no private septic system shall be located closer
than the distance required pursuant to 310 CMR 15.00, as amended.
(4)
Cleaning and inspection. A schedule of regular periodic
cleaning and inspection of all sewers within the Watershed Protection
District shall be maintained and reports filed with the Sewer Department
until such time as the street has been accepted by the Town.
(5)
Alternatives. Design and construction proposals differing
from Sewer Department standards may be approved by special permit
by the Board of Appeals after consultation with the Water Department,
the Conservation Commission and the Board of Health, if the Board
of Appeals determines, based on reports of subsurface investigations,
that the alternative design affords groundwater protection as great
as or greater than the requirements of this section.
G.
Special permits.
(1)
Authority and procedure. For purposes of this section,
the special permit granting authority shall be the Board of Appeals.
Upon receipt of the special permit application, the Board of Appeals
shall transmit one copy each to the Planning Board, Conservation Commission,
Board of Health and Building Inspector for their written recommendations.
Failure to respond within 35 days of transmittal shall indicate approval
by said agencies.
(2)
Submittals. In applying for a special permit under
this section, the information listed below shall be submitted:
(a)
A complete list of all chemicals, pesticides,
herbicides, fertilizers, fuels or other hazardous or potentially hazardous
materials to be used or stored on the premises in containers each
holding more than 55 gallons' liquid volume or 25 pounds' dry weight,
accompanied by a detailed description of:
[1]
The measures proposed to protect all storage
containers or facilities from vandalism, corrosion and leakage.
[2]
The methods of containment.
[3]
Spill prevention and control measures.
[4]
Emergency cleanup procedures.
[5]
On-site personnel training program.
[6]
Evidence of compliance with the regulations
of the Massachusetts Hazardous Waste Management Act, 310 CMR 30, including
obtaining an Environmental Protection Agency identification number
from the Department of Environmental Protection, and compliance with
Chapter 99, Hazardous Materials.
(b)
A description of potentially hazardous wastes to be generated, including storage and disposal methods as in Subsection G(2)(a) above.
(c)
For aboveground storage of hazardous materials or wastes, evidence of qualified professional supervision of design and installation of such storage facilities or containers and the information required by Subsection G(2)(a).
(d)
For disposal on site of domestic wastewater
with an estimated sewage flow greater than 2,500 gallons per day and
less than 10,000 gallons per day, evidence of qualified professional
supervision of design and installation, including an assessment of
nitrate or coliform bacteria impact on groundwater quality.
(e)
Results of water quality testing for groundwater
located beneath the site.
(f)
Proposed location(s) for groundwater monitoring
well(s),
(3)
Special permit criteria.
(a)
Special permits under this subsection shall
be granted only if the Board of Appeals determines that:
[1]
Groundwater quality resulting from on-site waste
disposal, other operations on site and natural recharge will not fall
below federal or state standards for drinking water or that, if existing
groundwater quality is already below those standards, on-site disposal
or operations will result in no further deterioration.
[2]
Proposed control and response measures adequately
and reliably mitigate risk to groundwater quality resulting from accident
or system failure.
[3]
The proposed use is designed to avoid substantial
disturbance of the soils, topography, drainage, vegetation, and other
water-related natural characteristics of the site to be developed.
(b)
In its decision, the Board of Appeals shall
explain any departures from the recommendations of other Town agencies
in its decision. The Board of Appeals shall retain qualified experts,
upon notice to and at the reasonable expense of the applicant, if
necessary in order to evaluate the application. If necessary, the
Board of Appeals may attach reasonable conditions to its approval
as necessary to protect the public health, safety and welfare.
(4)
Conditions. Special permits shall be granted only
subject to such conditions as necessary to assure adequate protection
of the public health and safety and the safeguarding of water quality
and shall include the following, among others:
(a)
Potential pollution sources shall have monitoring
wells, with periodic sampling to be provided to the Board of Health
annually, or as directed by the Board of Health, at the owner's expense.
(b)
Pollutant source reduction, including limitations
on use of parking area deicing materials and periodic cleaning or
renovation of pollution control devices such as catch basin sumps.
[Added 6-9-2014 ATM by
Art. 25; amended 5-24-2021 ATM by Art. 31]
A.
Purposes.
(1)
To provide for the establishment of medical marijuana treatment
centers (MTCs), as defined by Massachusetts Cannabis Control Commission
regulations, 935 CMR 501.000 et seq., in appropriate places and under
strict conditions and in accordance with the Humanitarian Medical
Use of Marijuana Act, MGL c. 94C, App. 1-I, as approved by the voters
on the November 2012 state ballot (the Act).
(2)
To minimize the adverse impacts of MTCs on adjacent properties,
residential neighborhoods, schools and other places where children
congregate, local historic districts, and other land uses potentially
incompatible with said dispensaries.
(3)
To regulate the siting, design, placement, security, safety,
monitoring, modification, and removal of MTCs.
B.
Applicability.
(1)
The commercial cultivation, production, processing, assembly,
packaging, retail or wholesale sale, trade, distribution or dispensing
of marijuana for medical use is prohibited unless a special permit
for the MTC is issued under this section.
(2)
No MTC shall be permitted except in compliance with the provisions
of this section.
(3)
Nothing in this Bylaw shall be construed to supersede federal
and state laws governing the sale and distribution of narcotic drugs.
(4)
If any provision of this section or the application of any such
provision to any person or circumstance shall be held invalid, the
remainder of this section, to the extent it can be given effect, or
the application of those provisions to persons or circumstances other
than those to which it is held invalid, shall not be affected thereby,
and to this end the provisions of this section are severable.
C.
MARIJUANA
MARIJUANA FOR MEDICAL USE
MIPS - MARIJUANA INFUSED PRODUCT
MEDICAL MARIJUANA TREATMENT CENTER
Definitions.
The same substance defined as "marijuana" under MGL c. 94C.
Marijuana that is designated and restricted for use by, and
for the benefit of, Registered Qualifying Patients in accordance with
in compliance with MGL c. 94I, and 935 CMR 501.000.
A Marijuana Product infused with Marijuana that is intended
for use or consumption including, but not limited to, Edibles, ointments,
aerosols, oils, and Tinctures. A Marijuana-infused Product (MIP),
when created or sold by a Marijuana Establishment or an MTC, shall
not be considered a food or a drug as defined in MGL c. 94, § 1.
MIPs are a type of Marijuana Product.
Medical Marijuana Treatment Center (MTC), formerly known
as a Registered Marijuana Dispensary, means an entity licensed under
935 CMR 501.101 that acquires, cultivates, possesses, processes (including
development of related products such as Edibles, MIPs. Tinctures,
aerosols, oils. or ointments), repackages, transports. sells, distributes,
delivers, dispenses, or administers Marijuana, products containing
Marijuana, related supplies, or educational materials to Registered
Qualifying Patients or their Personal Caregivers for medical use.
D.
Eligible locations for registered marijuana dispensaries.
(1)
MTCs may be allowed in the HC, 1, and TB Zoning Districts by
special permit from the Abington Planning Board provided the RMD meets
the requirements of this section.
E.
General requirements and conditions for all MTCs.
(1)
All MTCs shall be contained wholly within a building or structure.
(2)
No MTC shall have a gross floor area of less than 2,500 square
feet or in excess of 20,000 square feet.
(3)
An MTC shall not be located in buildings that contain any medical
doctor's offices or the offices of any other professional practitioner
authorized to prescribe the use of marijuana for medical use.
(4)
The hours of operation of MTCs shall be set by the special permit
granting authority, but in no event shall an MTC be open for retail
business between the hours of 8:00 p.m. and 8:00 a.m.
(5)
No smoking, burning or consumption of any product containing
marijuana or marijuana-related products shall be permitted on the
premises of an MTC.
(6)
No MTC shall be located inside a building containing residential
units, including transient housing such as motels and dormitories,
or inside a movable or mobile structure such as a van, truck or mobile
home.
(7)
MTCs shall provide the Abington Police Department, Building
Commissioner and the special permit granting authority with the names,
phone numbers and email addresses of all management staff and key
holders to whom one can provide notice if there are operating problems
associated with the MTC.
(8)
All MTCs shall be located 500 feet away from the nearest boundary
line of any residential zoning district or from the nearest property
line of any residential use and 1,000 feet away from places where
children congregate, including but not limited to: schools, day cares,
dance schools, private home housing day care, Town parks, any areas
that children commonly congregate in a structured, scheduled manner
or any principal or accessory private recreational facility use.
(9)
No MTC shall be located within 500 feet of the nearest property
line of any public or municipal building.
(10)
No MTC shall be located within 500 feet of the nearest property
line of any church or other religious facility.
(11)
No MTC shall be located within 500 feet from the nearest property
line of any family day care center, nursing home or hospital.
(12)
No MTC shall be located within 1,000 feet from another MTC.
(13)
The distances under this section shall be measured in a straight
line from the geometric center of the Marijuana Establishment Entrance
to the geometric center of the above mentioned uses, unless there
is an Impassable Barrier, as defined by 935 CMR 500.002, within those
500 feet; in these cases, the buffer zone distance shall be measured
along the center of the shortest publicly accessible pedestrian travel
path from the geometric center of the Marijuana Establishment Entrance
to the geometric center of the above uses.
(14)
Annual reporting. Each MTC permitted under this Bylaw shall, as a
condition of its special permit, file an annual report to and appear
before the special permit granting authority and the Town Clerk no
later than January 31, providing a copy of all current applicable
state licenses for the dispensary MTC and/or its owners and demonstrate
continued compliance with the conditions of the special permit.
F.
Special permit requirements.
(1)
An MTC shall only be allowed by special permit from the Abington
Planning Board in accordance with MGL c. 40A, § 9, subject
to the following additional requirements, conditions and limitations.
(2)
In addition to the application requirements set forth in Subsections E and F of this Bylaw, a special permit application for an MTC shall include the following:
(a)
The name and address of each owner, operator, manager, proprietor
or person in charge of the MTC;
(b)
Copies of all required licenses and permits issued to the applicant
by the Commonwealth of Massachusetts and any of its agencies for the
MTC;
(c)
Evidence of the applicant's right to use the site of the MTC
for the MTC, such as a deed, or lease;
(3)
If the applicant is a business organization, a statement under
oath disclosing all of its owners, shareholders, partners, members,
managers, directors, officers, or other similarly situated individuals
and entities and their addresses. If any of the above are entities
rather than persons, the applicant must disclose the identity of the
owners of such entities until the disclosure contains the names of
individuals.
(a)
A certified list of all parties in interest entitled to notice
of the hearing for the special permit application, taken from the
most recent tax list of the town and certified by the Town Assessor;
(b)
Proposed security measures for the MTC, including lighting,
fencing, gates and alarms, and the like, to ensure the safety of persons
and to protect the premises from theft.
G.
Mandatory findings. The special permit authority shall not issue
a special permit for an MTC unless it finds that:
(1)
The MTC is designed to minimize any adverse visual or economic
impacts on abutters and other parties in interest, as defined in MGL
c. 40A, § 11;
(2)
The MTC demonstrates that it will meet all the permitting requirements
of all applicable agencies within the Commonwealth of Massachusetts
and will be in compliance with all applicable state laws and regulations;
and
H.
A special permit granted under this section shall have a term limited
to the duration of the applicant's ownership of the premises as an
MTC. A special permit may be transferred only with the approval of
the special permit granting authority in the form of an amendment
to the special permit with all information required in this section.
I.
Abandonment or discontinuance of use.
(1)
A special permit shall lapse if not exercised within one year
of issuance.
(2)
An MTC shall be required to remove all material, plants equipment
and other paraphernalia:
(a)
Within two months of surrendering its state issued licenses
or permits; or
(b)
Within six months of ceasing operations, whichever comes first.
|
For purposes of this Bylaw ceasing operations shall mean a Marijuana
Establishment that closes and does not transact business for a period
greater than 60 days with no substantial action taken to reopen. The
special permit granting authority may determine that an establishment
has ceased to operate based on its actual or apparent termination
of operations.
|
(3)
The Board shall require the applicant to post a bond or other
form of security acceptable to the special permit granting authority
prior to obtaining a building permit. The purpose of the bond or other
security is to cover costs for the removal of the MTC in the event
the Town must remove the MTC. The value of the bond shall be based
upon the ability to completely remove all the items and properly clean
the MTC at prevailing wages. The value of the bond or other security
shall be developed based upon the applicant providing the Planning
Board with three written bids to meet the noted requirements. The
bond shall be reviewed yearly when the MTC appears before the special
permit granting authority to ensure that adequate funds are still
being held. The MTC is responsible for providing updated bids that
meet the noted requirements.
J.
Signs, marketing and advertising requirements: Signage, marketing
and advertising shall be compliant with the Town of Abington Zoning
Bylaw, and DPH regulations found in 935 CMR 501.105 and the following:
(1)
An MTC may develop a logo to be used in labeling, signage, and
other materials; provided, however, that use of medical symbols, images
of marijuana or marijuana products, or related paraphernalia images,
that are appealing to persons younger than 21 years old, and colloquial
references to cannabis and marijuana are prohibited from use in the
brand name.
(2)
MTC external signage shall not be illuminated except for a period
of 30 minutes before sundown until closing and shall comply with local
requirements regarding signage. Neon signage is prohibited at all
times.
(3)
An MTC shall not display on the exterior of the facility signs
or other printed material advertisements for marijuana or any brand
name.
(4)
An MTC shall not utilize graphics related to marijuana or paraphernalia
on the exterior of the MTC or the building in which the MTC is located.
(5)
An MTC shall not advertise the price of marijuana, MIPs, and
associated products, except as permitted pursuant to 935 CMR 501.105(4)(a)5.
(6)
Marijuana, MIPs, and associated products shall not be displayed
or clearly visible from the exterior of a MTC.
(7)
An MTC shall not advertise solely for the promotion of marijuana
or marijuana products on MTC Branded Goods, including, but not limited
to, clothing, cups, drink holders, apparel, accessories, electronic
equipment or accessories, sporting equipment, novelty items and similar
portable promotional items. An MTC may not give away any marijuana
except as required pursuant to 935 CMR 501.050(1)(g).
(8)
All marijuana at the MTC shall be kept in a limited access area
inaccessible to any persons other than dispensary agents and shall
be stored in a locked access-controlled space in a limited access
area during nonbusiness hours, in accordance with 935 CMR 501.000
et seq.
(9)
An MTC may display, in secure locked cases, samples of each
product offered for sale, subject to the requirements of 935 CMR 501.110.
These display cases may be transparent.
K.
Signage for the registered marijuana dispensary shall include the
following language: "Entrance shall be limited to Qualifying Patients,
Caregivers and persons 21 years of age or older." The required text
shall be a minimum of two inches in height.
[1]
Editor’s Note: Former § 175-24.2, Temporary moratorium on the sale and distribution of recreational marijuana, added 5-22-2017 ATM by Art. 19, as amended, was removed from the Code as the Attorney General of Massachusetts determined that with the adoption of § 175-24.3, Marijuana Overlay District, the moratorium set forth expired.
[Added 5-21-2018 ATM
by Art. 17]
A.
Purpose. To provide for the placement of adult use marijuana establishments,
in accordance with An Act To Ensure Safe Access to Marijuana, c. 55
of the Acts of 2017, and all regulations which have or may be issued
by the Cannabis Control Commission, including, but not limited to
935 CMR 500.00, in locations suitable for such uses, which will minimize
adverse impacts of marijuana establishments on adjacent properties,
residential neighborhoods, schools, playgrounds, public beaches and
other locations where minors congregate by regulating the siting,
design, placement, security, and removal of marijuana establishments.
B.
Establishment.
The Recreational Marijuana Overlay District ("MOD") is established
as an overlay district. The boundaries of the MOD are shown on the
Zoning Map on file with the Town Clerk[1] and shall comprise the property within the Technology
Business and Industrial zoning districts as set forth on the Marijuana
Overlay District ("MOD") map.
Within the MOD, all requirements of the underlying zoning district
remain in effect, except where these regulations provide an alternative
to such requirements. Land within the MOD may be used for (1) any
state-licensed adult use marijuana establishment, including cultivation,
processing, independent testing laboratory, product manufacturing,
and retail sales, in which case the requirements set forth in this
section shall apply; or (2) a use allowed in the underlying district,
in which case the requirements of the underlying district shall apply.
If the provisions of the MOD are silent on a zoning regulation, the
requirements of the underlying district shall apply. If the provisions
of the MOD conflict with the requirements of the underlying district,
the requirements of the MOD shall control.
[1]
Editor's Note: The Zoning Map is included in the online version
of the Code of the Town of Abington (eCode 360®).
C.
INDEPENDENT TESTING LABORATORY
MARIJUANA CULTIVATOR
MARIJUANA DELIVERY-ONLY RETAILER
MARIJUANA ESTABLISHMENT
MARIJUANA PRODUCT MANUFACTURER
MARIJUANA RETAILER
MEDICAL MARIJUANA TREATMENT CENTER
Definitions. Where not expressly defined in the Zoning Bylaws, terms
used in the MOD Bylaw shall be interpreted as defined in MGL c. 94I
and MGL c. 94G and any regulations issued by the Cannabis Control
Commission implementing these laws, and otherwise by their plain language.
Means a laboratory that is licensed by the Cannabis Control
Commission pursuant to 935 CMR 500.000 with respect to the regulation
of the adult use of marijuana that 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 Accrediting Cooperation mutual recognition
arrangement or that is otherwise approved by the Commission; (ii)
independent financially from any medical marijuana treatment center
or any licensee or marijuana establishment for which it conducts a
test; and (iii) qualified to test marijuana in compliance with 935
CMR 500.160 and MGL c. 94C, § 34.
Means an entity licensed by the Cannabis Control Commission
pursuant to 935 CMR 500.000 with respect to the regulation of the
adult use of marijuana to cultivate, process and package marijuana,
to deliver marijuana to marijuana establishments and to transfer marijuana
to other marijuana establishments, but not to consumers.
Means an entity licensed by the Cannabis Control Commission
pursuant to 935 CMR 500.000 with respect to the regulation of the
adult use of marijuana that does not provide a retail location accessible
to the public, but is authorized to deliver directly from a marijuana
cultivator facility, craft marijuana cultivator cooperative facility,
marijuana product manufacturer facility, or micro-business.
Means a marijuana cultivator, independent testing laboratory,
marijuana product manufacturer, marijuana retailer or any other type
of marijuana-related business licensed by the Cannabis Control Commission
pursuant to 935 CMR 500.000 with respect to the regulation of the
adult use of marijuana.
Means an entity licensed by the Cannabis Control Commission
pursuant to 935 CMR 500.000 with respect to the regulation of the
adult use of marijuana to obtain, manufacture, process and package
marijuana and marijuana products, to deliver marijuana and marijuana
products to marijuana establishments and to transfer marijuana and
marijuana products to other marijuana establishments, but not to consumers.
Means an entity licensed by the Cannabis Control Commission
pursuant to 935 CMR 500.000 with respect to the regulation of the
adult use of marijuana to purchase and deliver marijuana and marijuana
products from marijuana establishments and to deliver, sell or otherwise
transfer marijuana and marijuana products to marijuana establishments
and to consumers.
Means an entity licensed by the Department of Public Health
or the Cannabis Control Commission under a medical use marijuana license
that acquires, cultivates, possesses, processes, transfers, transports,
sells, distributes, dispenses, or administers marijuana, products
containing marijuana, related supplies, or educational materials for
the benefit of registered qualifying patients or their personal caregivers
in the treatment of debilitating medical conditions or the symptoms
thereof.
D.
Number of licenses. The number of recreational marijuana retailers
and/or recreational marijuana delivery-only retailers permissible
to be located in the MOD shall be limited to 50% of the number of
licenses issued within the Town for the retail sale of alcoholic beverages
and not to be drunk on the premises where sold pursuant to MGL c.
138 § 15. In the event that the 50% of said issued licenses
shall not be in a whole number, the limit shall be rounded up to the
nearest whole number.
[Amended 10-19-2020 ATM by Art. 27]
E.
Location and dimensional controls.
(1)
Marijuana establishments may be permitted in the MOD pursuant
to a special permit and site plan approval by the Planning Board.
(2)
Marijuana establishments may not be located within 500 feet
of the following pre-existing uses:
(a)
Public or private school providing education in kindergarten
or grades 1 through 12;
(b)
State-licensed child-care facility;
(c)
Library, playground, public park, public beach, youth center;
or similar facility in which minors commonly congregate.
|
The distance under this section shall be measured in a straight
line from the nearest point of the property line of the protected
uses identified above to the nearest point of the property line of
the proposed marijuana establishment.
|
(3)
Cultivation and processing facilities located within the MOD
shall be separated from adjacent uses by a fifty-foot buffer strip,
unless the applicant can demonstrate, and the Planning Board finds,
that adequate buffering can be provided in a narrower buffer strip.
(4)
Marijuana establishments shall be located only in a permanent
building and not within any mobile facility. All sales shall be conducted
either within the building or by home delivery pursuant to applicable
state regulations.
(5)
Unless explicitly stated otherwise, marijuana establishments
shall conform to the dimensional requirements applicable to nonresidential
uses within the underlying zoning district.
F.
Special permit.
(1)
Procedure. The Planning Board shall be the Special Permit Granting
Authority (SPGA) and shall conduct site plan review for an applicant
for a marijuana establishment.
(a)
Application. In addition to the material submission requirements of §§ 175-82 and 175-77, the applicant shall also include:
[1]
A detailed floor plan of the premises of the proposed
marijuana establishment that identifies the square footage available
and describes the functional areas of the facility;
[2]
Detailed site plans that include the following
information:
[a]
Compliance with the requirements for parking and
loading spaces, for lot size, frontage, yards and heights and coverage
of buildings, signage and all other provisions of this Bylaw;
[b]
Convenience and safety of vehicular and pedestrian
movement on the site to provide secure and safe access and egress
for clients and employees arriving to and from the site;
[c]
Convenience and safety of vehicular and pedestrian
movement off the site, if vehicular and pedestrian traffic off-site
can reasonably be expected to be substantially affected by on-site
changes;
[d]
Adequacy as to the arrangement and the number of
parking and loading spaces in relation to the proposed use of the
premises, including designated parking for home delivery vehicle(s),
as applicable;
[e]
Site design such that it provides convenient, secure
and safe access and egress for clients and employees arriving to and
from the site;
[f]
Design and appearance of proposed buildings, structures,
freestanding signs, screening and landscaping; and
[g]
Adequacy of water supply, surface and subsurface
drainage and light.
[3]
A description of the security measures, including
employee security policies;
[4]
A copy of the emergency procedures;
[5]
A copy of proposed waste disposal procedures; and
[6]
A copy of all licensing materials issued by the
Cannabis Control Commission, and any materials submitted to the Cannabis
Control Commission by the applicant for purposes of seeking licensing
to confirm that all information provided to the Planning Board is
consistent with information provided to the Cannabis Control Commission.
(b)
The SPGA shall refer copies of the application to all Town departments
and boards/commissions, including but not limited to the Building
Department, Fire Department, Police Department, Board of Health, and
the Conservation Commission. These boards/departments shall review
the application and shall submit their written recommendations. Failure
to make recommendations within 35 days of referral of the application
shall be deemed lack of opposition.
(2)
Special permit conditions for marijuana establishments. The
SPGA shall impose conditions reasonably appropriate to improve site
design, traffic flow, public safety, protect water quality, air quality,
and significant environmental resources, preserve the character of
the surrounding area and otherwise serve the purpose of this section.
In addition to any specific conditions applicable to the applicant's
proposed marijuana establishment, the SPGA may include the following
conditions in any special permit granted under this Bylaw:
(a)
The use shall not generate outside odors from the cultivation
or processing of marijuana and marijuana products.
(b)
A security plan shall be required for all marijuana establishments,
which shall be subject to approval by the Fire and Police Chiefs and
submitted to the Planning Board.
(c)
The permit holder shall provide to the Zoning Enforcement Officer
and Chief of the Police Department, the name, telephone number and
electronic mail address of a contact person in the event that such
person needs to be contacted after regular business hours to address
an urgent issue. Such contact information shall be kept updated by
the permit holder.
(d)
Marijuana establishments may not operate, and the special permit
will not be valid, until the applicant has obtained all licenses and
permits issued by the Commonwealth of Massachusetts and any of its
agencies for the facility.
(e)
Marijuana establishments may not operate, and the special permit
will not be valid, until the applicant has entered into a host community
agreement with the Town relative to any facility permitted under this
Bylaw.
(f)
A special permit granted under this section shall have a term
limited to the duration of the applicant's ownership and use of the
premises as a marijuana establishment. A special permit may be transferred
only with the approval of the Planning Board in the form of an amendment
to the special permit.
(g)
The special permit shall lapse upon the expiration or termination
of the applicant's license by the Cannabis Control Commission.
(h)
The permit holder shall notify the Zoning Enforcement Officer
and SPGA in writing within 48 hours of the cessation of operation
of the marijuana establishment's expiration or termination of the
permit holder's license with the Cannabis Control Commission.
G.
Prohibition against on-site consumption. No marijuana shall be smoked,
eaten, or otherwise consumed or ingested in public or on the premises
of a marijuana establishment 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).
H.
Prohibition against nuisances. No use shall be allowed in the MOD
which creates a nuisance to abutters or to the surrounding area, or
which creates any hazard, including but not limited to, fire, explosion,
fumes, gas, smoke, odors, obnoxious dust, vapors, offensive sound
or vibration, flashes, glare, objectionable effluent or electrical
interference, which may impair the normal use and peaceful enjoyment
of any property, structure or dwelling in the area.
I.
Severability. The provisions of this Bylaw are severable. If any
provision, paragraph, sentence, or clause of this Bylaw or the application
thereof to any person, establishment, or circumstances shall be held
invalid, such invalidity shall not affect the other provisions or
application of this Bylaw.
