A.
Purpose. The purpose of this section is to:
(1)
Preserve the character and appearance of the Town
while accommodating adequate personal wireless services to be developed;
(2)
Protect the scenic, historic, environmental, and man-made
resources of the community;
(3)
Provide standards and requirements for regulation,
placement, construction, monitoring, design, modification and removal
of personal wireless service facilities;
(4)
Preserve property values;
(5)
Minimize the total number and height of towers throughout
the community;
(6)
Locate towers and personal wireless service facilities
in a manner that mitigates potential negative impacts, such as, but
not limited to, visual nuisance, noise, and falling objects, on the
general safety, welfare and quality of life of the community; and
(7)
Require tower sharing and the clustering of personal
wireless service devices where possible.
B.
Consistency with federal law.
(1)
These regulations are intended to be consistent with
the Telecommunications Act of 1996 in that they do not:
(a)
Prohibit or have the effect of prohibiting the
provision of personal wireless services.
(b)
Unreasonably discriminate among providers of
functionally equivalent services.
(c)
Regulate personal wireless services on the basis
of the environmental effects of radio frequency emissions to the extent
that the regulated services and facilities comply with the FCC's regulations
concerning such emissions.
(2)
Exempted wireless telecommunications uses. This section
specifically exempts the following wireless telecommunications facilities:
police, fire, ambulance and other emergency dispatch; amateur (ham)
radio; personal satellite phones; citizens band radio; any existing
commercial radio tower; and radio dispatch services for local businesses.
No personal wireless service facility shall be considered exempt from
this section for any reason, whether or not said facility is proposed
to share a tower or other structure with such exempt uses.
C.
General requirements.
(1)
No personal wireless service facility, tower, or personal
wireless service device shall be erected, constructed, or installed
without first obtaining a special permit from the Planning Board.
(2)
Wherever feasible, personal wireless service devices
shall be located on existing towers or other nonresidential structures
to minimize proliferation of new towers.
(3)
Tower(s) must be of a type that will maximize potential
sharing. Lattice-type structures are preferred, but where a monopole
is requested the applicant must demonstrate the future utility of
such structure for expansion of service for the applicant or other
future applicants.
(4)
No tower or personal wireless service facility that
would be classified as a hazard to air navigation, as defined by the
Federal Aviation Administration regulations (Title 14, Code of Federal
Regulations), is permitted.
(5)
Commercial advertising shall not be allowed on any
component of a personal wireless service facility, including but not
limited to any antenna, tower, accessory building, or communication
equipment shelter.
D.
Design requirements.
(1)
Personal wireless service facilities and towers shall
be located so as to provide adequate coverage and adequate capacity
with the least number of towers and antennas that is technically and
economically feasible.
(2)
New towers shall not exceed the minimum height necessary
to provide adequate coverage for the personal wireless service devices
proposed for use on the tower.
(3)
The minimum distance from the base of any new tower
to any property line or right-of-way shall be at least one times the
height of the tower plus 50 feet.
(4)
No tower or personal wireless service facility with
the exception of repeaters shall be located less than 50 feet from
an existing dwelling unit or less than 25 feet above ground.
(5)
If the facility or tower site is in a wooded area,
a buffer strip of undisturbed mature trees shall be retained for at
least 50 feet in width around the entire perimeter, except to accommodate
an access drive. The applicant shall obtain a financial surety to
cover the cost of the remediation of any damage to the landscape that
occurs during the clearing of the site.
(6)
The area around the tower and communication equipment
shelter(s) shall be completely fenced and gated for security to a
height of six feet. Use of razor wire is not permitted. A sign no
greater than one square foot indicating the name of the facility owner(s)
and a twenty-four-hour emergency telephone number shall be posted
adjacent to the entry gate. In addition, “no trespassing”
or other warning signs may be posted on the fence, as approved by
the Planning Board.
(7)
The Planning Board shall request input from the Fire
and Police Departments and other emergency services regarding adequacy
of emergency access to the planned drive for the personal wireless
service facility.
(8)
Communication equipment shelters and accessory buildings
shall be designed to be architecturally similar and compatible with
each other and shall be no more than 12 feet high. The buildings shall
be used only for housing of equipment related to the particular site.
Whenever possible, buildings shall be joined or clustered so as to
appear as one building.
(9)
New tower(s) shall have a galvanized finish unless
otherwise required. The Planning Board may require tower(s) to be
painted or otherwise camouflaged to minimize potential adverse visual
impact.
(10)
Unless required by the Federal Aviation Administration,
no night lighting of towers or other components of the personal wireless
service facility is permitted, except for manually operated emergency
lights for use only when operating personnel are on site.
(11)
The use of repeaters to assure adequate coverage
or to fill holes within areas of otherwise adequate coverage, while
minimizing the number of required towers, is encouraged.
(12)
If a proposed personal wireless service facility
primarily provides coverage (greater than 50%) outside Adams, the
Planning Board may deny the permit unless the applicant can demonstrate
the inability to locate the proposed facility within the town that
is primarily receiving service.
E.
Siting criteria.
(1)
Personal wireless service facilities and towers shall
be located so as to minimize the following potential impacts:
(a)
Visual/aesthetic. Towers shall, when possible,
be sited off ridgelines to locations where their visual impact is
least detrimental to valuable historic and scenic areas.
(b)
Diminution of residential property values.
(c)
Safety in cases of structural failure and attractive
nuisance.
(d)
Safety from excessive electromagnetic radiation
in cases where the tower or personal wireless service facility is
found to exceed the FCC guidelines.
(2)
The following siting criteria are ranked in order
of preference:
(a)
Shared use of existing personal wireless service
facilities shall be encouraged.
(b)
The use of existing structures in lieu of constructing
new towers.
(c)
The use of land distant from higher-density
residential properties and where visual impact can be minimized shall
be encouraged.
(d)
Sharing with neighboring communities.
F.
Application requirements; provisions for independent
consultants.
(1)
No personal wireless service facility, tower, or personal
wireless service device shall be erected, constructed, or installed
without first obtaining a special permit from the Planning Board.
No major modification of a personal wireless service facility, tower,
or personal wireless service device shall be commenced without first
obtaining a special permit from the Planning Board.
(a)
An applicant requesting a permit for a personal
wireless service facility shall provide a copy of the existing lease/contract
with a personal wireless service provider. No personal wireless service
facility or tower shall be permitted to be built on speculation.
(b)
An applicant requesting a permit for a tower
shall provide a written, irrevocable commitment valid for the duration
of the tower's existence to lease available space for colocation on
the tower at fair-market prices and terms, without discrimination
to other personal service.
(2)
Required submittals, including written documentation,
plans and maps, engineering drawings, and other information, shall
be provided consistent with the Planning Board's special regulations
titled “Personal Wireless Service Facility Review Requirements.”
(3)
Upon submission of an application for a special permit
under this section, the Planning Board shall hire independent consultants
whose services shall be paid for by the applicant(s). These consultants
shall each be qualified professionals with a record of service to
municipalities in one of the following fields: telecommunications
engineering; structural engineering; monitoring of electromagnetic
fields; and others as determined necessary by the Planning Board.
(4)
Upon submission of a complete application for a special
permit under this section, the Planning Board shall provide its independent
consultants with the full application for their analysis and review.
(5)
Applicants for any special permit under this section
shall obtain permission from the owner(s) of the proposed property
and/or facility site for the Town's independent consultants to conduct
any necessary site visits.
G.
Approval criteria.
(1)
In acting on the special permit application, the Planning Board shall proceed in accordance with the procedures and timelines established for special permits in § 125-4 of this chapter.
(2)
In addition to the findings required by §§ 125-4 and 125-19 of this chapter, the Planning Board shall, in consultation with the independent consultants, make all of the following findings before granting the special permit, as applicable:
(a)
The applicant is not already providing adequate
coverage and/or adequate capacity to the Town of Adams;
(b)
The applicant is not able to use existing towers/facility
sites either with or without the use of repeaters to provide adequate
coverage and/or adequate capacity to the Town of Adams;
(c)
The applicant has agreed to rent or lease available
space on the tower, under the terms of a fair-market lease, without
discrimination to other personal wireless service providers;
(d)
The proposed personal wireless service facility
or tower will not have an undue adverse impact on historic resources,
scenic views, residential property values, or natural or man-made
resources;
(e)
The applicant has agreed to implement all reasonable
measures to mitigate the potential adverse impacts of the facility
or facility component; and
(f)
The proposal shall comply with FCC Regulation
96-325 regarding emissions of electromagnetic radiation and the required
monitoring program is in place and shall be paid for by the applicant.
(3)
Any decision by the Planning Board to deny any application
for a special permit under this section shall be in conformance with
§ 332(7)(B)(iii) of the Telecommunications Act of 1996 (47
U.S.C. § 332), in that it shall be in writing and supported
by substantial evidence contained in a written record.
H.
Monitoring and evaluation of compliance.
(1)
Pre-testing. Before a permitted personal wireless
service device begins transmission, the owner(s) shall pay for an
independent consultant, hired by the Town, to monitor the background
levels of EMF radiation around the facility site and/or repeater locations
to be utilized for the applicant's personal wireless service devices.
The independent consultant shall use the monitoring protocol. A report
of the monitoring results shall be prepared by the independent consultant
and submitted to the Building Inspector.
(2)
Post-testing. After transmission begins, the owner(s)
of any personal wireless service devices located on any facility site
shall pay for an independent consultant, hired by the Town, to conduct
testing and monitoring of EMF radiation emitted from said site and
to report results of said monitoring, as follows:
(a)
There shall be routine annual monitoring of
emissions by the independent consultant using actual field measurement
of radiation, utilizing the monitoring protocol. This monitoring shall
measure levels of EMF radiation from the facility site's primary antennas
as well as from repeaters (if any). An annual report of the monitoring
results shall be prepared by the independent consultant and submitted
to the Building Inspector.
(b)
Any major modification of existing facility,
or the activation of any additional permitted channels, shall require
new monitoring.
(3)
Excessive emissions. Should the monitoring of a facility site reveal that the site exceeds the FCC 96-326 standard, then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall submit to the Planning Board and the Building Inspector a plan for the reduction of emissions to a level that complies with the FCC 96-326 standard within 10 business days of notification of noncompliance. This plan shall reduce emissions to the standard within 15 days of initial notification of noncompliance. Failure to accomplish the reduction of emission within 15 business days of initial notification of noncompliance shall be a violation of the special permit and subject to penalties and fines as specified in § 125-2D of this chapter. Such fines shall be payable by the owner(s) of the facilities and antennas on the facility site until compliance is achieved.
(4)
Structural inspection. The tower owner(s) shall pay
for an independent consultant (a licensed professional structural
engineer), hired by the Town, to conduct inspections of the tower's
structural integrity and safety. Guyed towers shall be inspected every
three years; monopoles and nonguyed lattice towers shall be inspected
every five years. The independent consultant shall prepare and submit
a report of the inspection results to the Building Inspector. Any
major modification of an existing facility involving changes to tower
dimensions or antenna numbers or type shall require a new structural
inspection.
(5)
Unsafe structure. Should the inspection of any tower reveal structural defects that, in the opinion of the independent consultant, render that tower unsafe, the following actions must be taken. Within 10 business days of notification of an unsafe structure, the owner(s) of the tower shall submit a plan to remediate the structural defect(s) to the Building Inspector. This plan shall be initiated within 10 days of the submission of the remediation plan. Failure to accomplish this remediation of the structural defect(s) within 10 business days of initial notification shall be a violation of the special permit and subject to penalties and fines as specified in § 125-2D of this chapter. Such fines shall be payable by the tower owner(s) until compliance is achieved.
I.
Removal requirements. Any personal wireless service
facility that ceases to operate for a period of one year shall be
removed. “Cease to operate” is defined as not performing
the normal functions associated with the personal wireless service
facility and its equipment on a continuous and ongoing basis for a
period of one year. At the time of removal, the facility site shall
be remediated such that all personal wireless service facility improvements
that have ceased to operate are removed. If all devices on a tower
have ceased to operate, the tower shall also be removed and the site
shall be revegetated. Existing trees shall only be removed if necessary
to complete the required removal. The owner(s), upon obtaining a permit,
shall obtain a financial surety to cover the cost of removal of the
personal wireless service facility and the remediation of the landscape,
should the facility cease to operate.
J.
Bonds, indemnities and insurance.
(1)
The applicant or the current permittee shall post
and maintain in effect the following bonds at all times commencing
with the construction or installation of a personal wireless service
facility, device, repeater, or tower, each in an amount and on terms
reasonably satisfactory to the Town:
(a)
A remediation bond covering the costs of remediation
of the facility site if damage occurs during construction or installation
and the costs of removal of the personal wireless service facility,
repeater, and tower and remediation of the facility site should the
tower, facility and/or repeater cease to operate.
(b)
A maintenance bond covering the costs of maintenance
of the access road, tower, and facility site.
(2)
No construction or installation of any personal wireless
service facility, including any repeater, device, or tower, shall
commence and none of the foregoing shall be put in operation unless
the Planning Board shall have received:
(a)
An agreement from each of the owners and operators
of such equipment indemnifying the Town and its officers, agents,
boards, and employees on terms satisfactory to the Town against all
liability, cost, and expense (including legal fees and expenses) incurred
in connection with the construction, operation, and removal of such
equipment; and
(b)
Satisfactory evidence that insurance determined
by the Town to be adequate (as to coverage, amount and terms) has
been obtained by all appropriate parties (including, without limitation,
owners, operators, contractors, and subcontractors) and is in effect.
Such insurance shall cover liability, bodily injury, and property
damage, name the Town as an additional insured and be maintained in
effect for the entire period that the facility and any of its components
(devices installed thereon, tower and repeaters) used in connection
therewith are in existence. Satisfactory certificates of insurance
shall be filed with the Town on an annual basis.
Customary home occupations are permitted on
special permit from the Zoning Board of Appeals as an accessory use
if conforming to the following conditions:
A.
The area used for the home occupation shall not exceed
25% of the grade floor living space.
B.
The home occupation shall be accommodated within an
existing structure without extension thereof.
C.
Not more than two persons not members of the household
shall be employed on the premises in the home occupation.
D.
There shall be no exterior display, no exterior storage
of materials and no other exterior indication of the home occupation
or other variation from the residential character of the principal
building other than a sign not to exceed two square feet in area.
E.
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced (see § 125-14).
F.
Traffic generated shall not exceed volumes normally
expected in a residential neighborhood.
G.
Parking generated shall be accommodated off street,
other than in a required front yard.
A.
Mobile home parks. Mobile home parks shall be operated
only under license from the Board of Health and shall conform to the
following minimum requirements:
(1)
Parcel minimum area shall be 10 acres.
(2)
Each plot shall have a minimum area of 4,000 square
feet and shall be serviced with electricity, water, and sanitary drainage
suitable for permanent connection.
(3)
No mobile home shall be placed within 100 feet of
a street line or within 60 feet of any other lot line.
(4)
No mobile home shall be closer to another mobile home
or other structure than 10 feet end to end or 24 feet laterally.
B.
Campgrounds. Campgrounds shall be operated only under
license from the Board of Health and shall conform to the following
minimum requirements:
(1)
Parcel minimum area to be 10 acres.
(2)
If each plot is not serviced with water and sanitary
drainage, common sanitary facilities meeting all requirements of the
Adams Board of Health shall be provided.
(3)
No unit for overnight occupancy shall be placed within
75 feet of a street line or 60 feet of any other lot line.
(4)
The development shall comply with all requirements
of Article VIII of the Sanitary Code for the Commonwealth of Massachusetts.
Parcels in excess of five times the minimum
lot size and located within the R-1 District may be subdivided and
developed with clustered lots upon issuance of a special permit by
the Planning Board. Such permit shall be subject to all applicable
codes and regulations and shall additionally comply with the following
requirements and conditions. The proposed development shall be, in
the judgment of the Planning Board, superior to a conventional plan
in preserving open space for conservation or recreation, utilizing
natural features of the land, and allowing more efficient provision
of public services and at least equal to a conventional plan in other
respects.
A.
Permitted uses. The following principal uses of the
lots within the cluster residential development shall be permitted:
one-family detached dwellings; multifamily residential structures
with up to six dwelling units; church or other religious purpose;
agriculture on parcels greater than five acres; public park; conservation
area and preserved open spaces; and membership clubs and recreation
facilities for the exclusive use of the residents of the development.
B.
The total number of dwelling units shall not exceed
the number of dwelling units which could legally be constructed were
it not for the provisions of this section, to be estimated in the
absence of an alternative conventional plan as being equal to 85%
of the overall parcel area divided by the lot area requirements for
the R-1 District as provided in the Intensity of Use Schedule.[1]
[1]
Editor's Note: The Intensity of Use Schedule is included at the end of this chapter.
D.
The lots for building purposes shall be grouped in
a cluster or in clusters, and within each cluster the lots shall be
contiguous. The maximum number of dwelling units that may be clustered
in one cluster with no intervening open space shall be 24.
E.
All remaining land in the tract not contained in building
lots or within road rights-of-way shall be contiguous or, if not contiguous,
in parcels of not less than two acres in each area, having not less
than 40 feet of frontage on a street and of such shape and condition
as to be usable for recreation.
F.
All land not designated for roads, lots for dwellings
or other development within the tract shall be held for common open
space. Such land shall either be conveyed to the Town of Adams and
accepted by it for park or open space use or be conveyed to a nonprofit
organization, the principal purpose of which is the conservation of
open space, or be conveyed to a corporation or trust owned or to be
owned by the owners of the lots or residential units within the plan.
If such a corporation or trust is utilized, ownership thereof shall
pass with conveyances of the lots or residential units. In any case,
where such land is not conveyed to the Town, a restriction enforceable
by the Town of Adams shall be recorded providing that such land be
kept in an open or natural state and not be built upon or developed
for accessory uses such as parking or roadway. Building coverage shall
be for exclusively recreational purposes and shall not exceed 5% in
such recreation areas. Where such common open space is to be held
by an association of owners or where suitable easements may be negotiated
on behalf of such association or of individual owners, such open space
may be used for on-site sanitary or water supply facilities, subject
to all codes and regulations, provided that maintenance of such facilities
is enforceable solely on the owners, whether singly or jointly. Such
common open space may also be leased or otherwise made available for
agriculture.
G.
Approval of a cluster development shall be subject to a subdivision plan designating streets, lots, parcels to be dedicated, and parcels for community use in conformance with Chapter 201, Subdivision Regulations, of the Town Code and further to the requirements of site plan approval, § 125-19 of this chapter.
H.
Subsequent to approval of such cluster development, no land therein shall be sold and no lot line shall be changed in such way as to increase the number of lots or the extent of nonconformity with the provisions of § 125-11 of this chapter. Prior to development or sale of any lot within a cluster development, all lots to be so developed shall be shown on a plan recorded in the Registry of Deeds.
I.
Cluster development density bonus. Where cluster residential development is elected, additional density may be granted by special permit of the Planning Board as a bonus for the provision of common open space. Such bonus shall be granted at the time of issuance of the special permit for cluster development and shall not exceed an increase of 20% in the number of dwelling units permitted by Subsection B of this section.
A.
The Zoning Board of Appeals may grant a special permit
for the construction and occupancy of a planned development as permitted
in the Use Regulation Schedule,[1] subject to the following regulations and conditions.
[1]
Editor's Note: The Use Regulation Schedule is included at the end of this chapter.
B.
The intent of planned development is to allow relatively
intensive use of land while at the same time preserving open space
for conservation and recreation, to introduce variety and choice into
residential development, and to facilitate economical and efficient
provision of public service.
C.
Applicants are encouraged to submit preliminary materials
for informal review by both the Zoning Board of Appeals and the Planning
Board prior to formal application. Applicants for a special permit
for a planned development shall submit to the Zoning Board of Appeals
five copies of an application and of an overall concept plan.
(1)
The concept plan shall indicate:
(a)
Location and boundaries of the site;
(b)
Proposed land and building uses;
(c)
Existing topography and proposed grading;
(d)
Location of streets, ways and parking;
(e)
Areas of proposed and retained vegetation;
(f)
Distinctions between upland and wetland;
(g)
Water, drainage and sewerage systems; and
(h)
Location of any proposed structures.
(2)
The plan shall have been prepared by a registered
landscape architect, architect, civil engineer, or land surveyor.
If necessary in order to determine compliance with the requirements
or intent of this chapter, the Zoning Board of Appeals may require
engineering or environmental analyses to be prepared at the expense
of the applicant, employing professionals approved by the Zoning Board
of Appeals.
(3)
Portions of the concept plan may be designated for development at a later phase. Those portions of the plan may initially omit Subsection C(1)(d) through (h) of the contents above, which shall, however, be shown on a plan approved as a major amendment [(see Subsection G(1)] prior to granting of any building permits within such area.
D.
Within three business days of receipt of the application
and required plans, the Zoning Board of Appeals shall transmit two
copies of all these materials to the Planning Board and one copy each
to the Board of Health and Conservation Commission. The Planning Board,
Board of Health, and Conservation Commission shall submit written
reports to the Zoning Board of Appeals within 35 days of the application
date. The Zoning Board of Appeals shall make no decision upon the
application and shall not close its hearing until receipt of the Planning
Board, Board of Health and Conservation Commission reports or until
35 days have lapsed since date of application without such reports.
E.
In considering special permits under this section, the Zoning Board of Appeals shall give consideration to the reports of the Planning Board and Board of Health and to the degree to which the proposed development conforms to the intent of planned development outlined in Subsection B above.
F.
Any planned development must conform to the following:
(1)
The development shall comprise at least 25 acres.
(2)
The total number of single-family dwelling units allowed
within a planned development shall be determined by dividing the total
land area within the planned development by the minimum lot area set
forth in the Intensity of Use Schedule[2] for single-family dwelling units, minus one dwelling unit
for every five sleeping rooms in a resort, hotel, motel or motor inn.
The total number of multifamily dwelling units allowed within a planned
development shall be determined by multiplying two times the difference
between the number of single-family dwelling units allowable under
the preceding sentence and the number of single-family dwelling units
designated to be within the planned development. Where the planned
development lies in more than one district, the number of dwelling
units allowed shall be calculated as above for each district and summed
to give an overall allowable total which may be located in any district
without respect to allowable subtotals by districts. The Zoning Board
of Appeals may reduce the number of allowed units to reflect allocation
of land within the development to uses unrelated to the dwellings.
[2]
Editor's Note: The Intensity of Use Schedule is included at the end of this chapter.
(3)
Minimum lot area and frontage requirements for single-family dwellings shall equal 50% of those prescribed by the Intensity of Use Schedule. Single-family, attached single-family, two-family, garden apartments, high-rise apartments, and resorts shall be allowed in all districts within a planned development if granted a special permit by the Zoning Board of Appeals. Side yard requirements are waived, except where the development abuts other property and on lots for which the overall development plan does not indicate building location. The side yard requirements, where not waived, shall be those set forth in the Intensity of Use Schedule, provided always that attached single-family, garden apartments, and high-rise apartments shall meet the side yard requirements of § 125-12, R2 District. Maximum coverage shall be 10% of lot area higher than as prescribed by the Intensity of Use Schedule. Building height may be increased above the limits of the Intensity of Use Schedule upon determination by the Zoning Board of Appeals that such increase will not create undesirable conditions caused by overshadowing, loss of privacy, microclimate disturbance or visual intrusion, that utility and protective services will be adequate, and that no such building shall be nearer the development boundary than twice the building height.
(4)
Uses allowed by right or allowable by special permit in a district within which the planned development is situated shall be allowed at any location within the planned development, subject to the requirements of the district in which the location is situated as modified by Subsection F(2) and (3), and except that the Zoning Board of Appeals rather than the Board of Selectmen shall act on applications for uses designated “SPS” in the Use Regulation Schedule. Certain additional residential uses are allowed as cited in Subsection F(3) above. In addition, retailing, services and other nonresidential uses, if not otherwise allowed by right or allowable by special permit or under Subsection F(2) or (3) hereof, may nevertheless be allowed on special permit by the Zoning Board of Appeals and if deemed by the Zoning Board of Appeals to be primarily servicing the residents or overnight guests of the planned development, and provided that not more than 5% of the overall land area of the development tract is devoted to such normally disallowed use and at no time does the gross floor area occupied by such uses exceed 5% of the gross floor area of all residential structures occupied within the development tract. In Forest Recreation Districts, business and open uses may be permitted in addition to the above limitations.
(5)
Not less than 20% of the land area within the planned
development shall be preserved for recreation, open space, conservation,
or public use.
(a)
Preservation shall be guaranteed through one
or more of the following:
[1]
Dedication to and acceptance by the Town of
Adams.
[2]
Dedication to and acceptance by the Adams Conservation
Commission.
[3]
Dedication, by covenant or comparable legal
instrument, to the community use of the residents of the planned development
for recreational purposes. Building coverage shall not exceed 5% in
such dedicated areas. Ownership of common open space areas shall be
arranged and maintenance shall be permanently assured through an incorporated
association, condominium deeds or other recorded land agreement through
which each residential lot owner in the development is automatically
a member and each residential lot is subject to a charge for a share
of the maintenance expenses or through comparable arrangement satisfactory
to the Zoning Board of Appeals.
[4]
Restriction by deed restriction recorded in
the Registry of Deeds, enforceable by owners of lots or condominiums
within the planned development, to golf course, ski area, or similar
extensive recreational use.
(b)
If Subsection F(5)(a)[3] or [4] is elected, the Town or its Conservation Commission shall be granted a conservation restriction or easement over such land sufficient to ensure its perpetual maintenance in the use to which it is dedicated or restricted.
(6)
Access, drainage, utilities and grading shall serve
each structure in the manner otherwise required for separate lots
in a subdivision, whether or not the development comprises a subdivision.
Prior to the issuance of building permits, the Planning Board shall
certify to the Building Inspector that a detailed site plan has been
submitted to it and meets this standard, and before occupancy permits
for any structure are issued the Building Inspector shall certify
to the Board of Selectmen that improvements to meet such standard
have either been completed to serve such structure or security for
their completion has been received. If the Zoning Board of Appeals
has approved a planned development to be constructed in phases, the
Building Inspector's certification shall relate only to phases of
the development for which the applicant has requested building permits.
G.
Any special permit granted by the Zoning Board of Appeals for a planned development under the provisions of this section shall incorporate by reference the plan required at Subsection C and development schedule submitted by the developer with the application.
(1)
Minor amendments to such special permit may be granted
by the Zoning Board of Appeals, upon application and for good cause
shown, but without necessity of a public hearing; provided, however,
that any of the following shall be considered a major amendment and
shall be acted upon only under the procedure applicable to the initial
approval for a planned development:
(a)
Reduction in the amount of land preserved for
recreation, open space use, conservation, or public use or any change
in the general location of such land as provided in the permit;
(b)
Any change in the general layout of the ways
as provided in the permit;
(c)
Any increase in the number of lots or dwelling
units for sleeping rooms as provided in the permit;
(d)
Altering the location of any building or structure
by more than 10 feet or distance as otherwise specified by the permit
granting authority at the time of the special permit approval; or
(e)
Approval of detailed provisions for portions
of a concept plan designated for development at a later phase.
(2)
No lot shown on a plan for which a permit is granted
for a planned development may be further subdivided so as to increase
the number of lots unless approved as a major amendment, and a notation
to this effect shall be shown on any definitive plan of a subdivision
based upon this section.
(3)
Prior to the issuance of an occupancy permit or sale
of any lot within a planned development, all lots to be so developed
shall be shown on a plan recorded in the Registry of Deeds or registered
with the Land Court, and a covenant or other instrument satisfactory
to the Zoning Board of Appeals shall have been executed assuring the
conservation or recreational use of lands so designated in the application,
except that lots need not be shown for areas designated for development
in a later phase.
A.
General. The removal from the premises of more than
20 cubic yards of topsoil, borrow, sod, loam, peat, humus, clay, sand
or gravel (but not rock) in any twelve-month period, except when necessary
incidental to or in connection with the construction at the site or
removal of a building for which a permit has been issued within the
past six months or for grading or otherwise improving the premises
of which such building is part or for road construction within an
approved subdivision, shall not be permitted except in accordance
with the Use Regulation Schedule, Open Uses,[1] and with the following conditions and procedures.
[1]
Editor's Note: The Use Regulation Schedule is included at the end of this chapter.
B.
Permit from the Zoning Board of Appeals. Written application
for a special permit must be made to the Zoning Board of Appeals.
The following shall be conditions for such issuance:
(1)
For above 300 cubic yards the application shall be
accompanied by a plan prepared by a registered land surveyor or engineer
showing names and addresses of all abuttors, including those across
any street or way, existing grades in the area from which the above
material is to be removed and in surrounding areas, together with
the proposed finished grades at the conclusion of the operation, and
the proposed cover vegetation and trees.
(2)
For above 500 cubic yards a performance bond in an
amount to be determined by the Zoning Board of Appeals has been posted
in the name of the Town assuring satisfactory performance in the fulfillment
of the requirements of this section and such other conditions as the
Zoning Board of Appeals may impose as conditions to the issuance of
its permit.
(3)
Before granting a permit, the Zoning Board of Appeals
shall give due consideration to the location of the proposed earth
removal, to the general character of the neighborhood surrounding
such location and to the general safety of the public on the public
ways in the vicinity.
C.
Removal.
(1)
Removal shall not take place at any grade less than
one foot above the grade level of any adjacent street or way, or below
a level that would reasonably be considered a desirable grade for
the later development of the area, or below the grades specified on
the plan accompanying the permit application.
(2)
During removal operations no slope shall exceed one
foot vertical rise to 1 1/2 feet horizontal distance or the natural
angle of repose of the material in a dry state, whichever is the lower,
except in ledge rock.
(3)
Provision shall be made for safe drainage of water
and for prevention of wind or water erosion carrying material onto
properties.
(4)
Soil shall not be disturbed within 100 feet of the
boundaries of the premises, excepting at the conclusion of operations
if required in order to improve the overall grading.
D.
Restoration. Forthwith following the expiration or
withdrawal of a permit, or upon voluntary cessation of operations,
or upon completion of removal in a substantial area, that entire area
shall be restored as follows:
(1)
All land shall be so graded that no slope exceeds
one foot vertical rise in three feet horizontal distance and shall
be so graded as to safely provide for drainage without erosion.
(2)
All boulders larger than 1/2 cubic yard shall be removed
or buried.
(3)
The entire area excepting exposed ledge rock shall
be covered with not less than four inches of good quality loam, which
shall be planted with cover vegetation adequate to prevent soil erosion,
using either grasses or ground cover, depending upon conditions.
(4)
Bond shall not be released until sufficient time has
lapsed to ascertain that the vegetation planted has successfully been
established and that drainage is satisfactory.
E.
Additional conditions. The Zoning Board of Appeals
may set conditions in addition to the above, including but not limited
to duration of the permit, hours of the day during which removal may
take place, hours during which vehicles may leave the premises, and
trees to be planted.
F.
Permit duration. Permits for soil removal will be
issued for one-year periods only regardless of variances or special
permits.
G.
Removal activities prior to this section. Earth removal activities in lawful operation at the time this section is adopted may continue until abandoned for more than 24 consecutive months, provided that within 24 months after the effective date of this section the owners of such premises shall submit to the Zoning Board of Appeals a plan and application as required in Subsection B.
A.
No fence or wall within 20 feet of a boundary shall exceed eight feet in height, except for chain link or similarly open security fences in industrial districts, and no fence or hedge shall exceed 36 inches in height within any required front yard area or within 20 feet of the street line, whichever is the lesser requirement, or within 12 horizontal feet of a habitable room in an abutting dwelling. Refer to § 125-11D for specifications for corner lots.
B.
Barbed wire, electrified or similar fencing shall
not be permitted except for agricultural purposes in R-1 or R-2 Districts.
Such fencing for security reasons may be authorized by special permit
from the Zoning Board of Appeals.
D.
Temporary security fences shall be allowed in conjunction
with valid building permits for construction and/or demolition at
a site. Such fences shall not exceed eight feet in height and shall
be constructed of materials adequate to prevent unauthorized entry.
Said fences will be allowed for a period of 90 days, with extensions
granted for up to one year upon written request.
Uses, whether or not on the same parcel as activities
permitted as a matter of right, accessory to activities permitted
as a matter of right, which activities are necessary in connection
with scientific research or scientific development or related production,
may be permitted upon the issuance of a special permit by the Zoning
Board of Appeals, provided that the granting authority finds that
the proposed accessory use does not substantially derogate from the
public good.
An accessory apartment is a second dwelling
unit located within a structure constructed as a detached one-family
dwelling, subordinate in size to the principal dwelling unit and separated
from it in a manner that maintains the appearance of the structure
as a one-family dwelling.
A.
Purpose. The provision of accessory dwelling units
in owner-occupied one-family dwellings is intended to:
(1)
Increase the number of small dwelling units available
for rent in the Town;
(2)
Increase the range of choice of housing accommodations;
(3)
Encourage greater diversity of population with particular
attention to young adults and senior citizens; and
(4)
Encourage a more economic and energy-efficient use
of the Town's housing supply, while maintaining the appearance and
character of the Town's single-family neighborhoods.
B.
Conditions and requirements.
(1)
General.
(a)
The owner of the dwelling in which the accessory
apartment is created shall occupy either of the dwelling units in
the structure.
(b)
There shall be no more than one accessory apartment
within a one-family dwelling.
(c)
There shall be no boarders or lodgers within
either unit of a dwelling with an accessory apartment.
(d)
The lot area shall be at least 10,000 square
feet.
(e)
The net floor area of the dwelling shall have
been at least 2,500 square feet as of January 1, 1987.
(f)
The maximum net floor area of the accessory
apartment shall not exceed 30%.
(g)
There shall not be more than two bedrooms in
an accessory apartment.
(h)
The Health Officer shall certify that the means
of water supply and sanitary disposal shall be adequate to support
both dwelling units.
(2)
Exterior appearance. The accessory apartment shall
be designed so that the appearance of the structure remains that of
a one-family dwelling, subject further to the following conditions
and requirements:
(a)
All stairways to second or third stories shall
be enclosed within the exterior walls of the dwelling.
(b)
There shall be no enlargements or extensions
of the dwelling in connection with any accessory apartment except
for minimal additions necessary to comply with building, safety or
health codes, or for enclosure of an entryway, or for enclosure of
a stairway to a second or third story.
(c)
Any new entrance shall be located on the side
or in the rear of the dwelling.
(3)
Off-street parking. There shall be provided at least
two off-street parking spaces for the principal dwelling unit and
at least one off-street parking space for the accessory apartment.
In addition, all parking spaces shall be subject further to the following
conditions and requirements:
C.
Procedures. Construction of an accessory apartment
shall be permitted upon issuance of a building permit by the Building
Inspector based upon compliance with the conditions and requirements
of this section and any other applicable codes and regulations.
(1)
Acceptance of existing accessory apartments.
(a)
Owners of existing second dwelling units in violation may apply to the Building Inspector for a determination of compliance before January 1, 1989. Applications shall be accompanied by a filing fee and by such plans and other documentation related to the conditions and requirements of Subsection B of this section as may be required by the Building Inspector.
(b)
Within 90 days the Building Inspector shall
issue one of the following:
[1]
A determination of compliance and a certificate
of occupancy.
[2]
A conditional determination of compliance describing
corrective changes needed to bring the second dwelling unit into compliance,
which shall be completed within 90 days of the date of the conditional
determination. Upon successful completion of the required changes,
the Building Inspector shall issue a certificate of occupancy.
(c)
The owner of a second dwelling unit built prior to January 1, 1987, is eligible to apply within 60 days of the date of the determination to the special permit granting authority (SPGA) for a special permit for maintenance of an existing noncomplying apartment, subject to the special conditions in Subsection C(2).
(2)
Special permit for preexisting nonconforming unit.
(a)
Upon presentation of evidence of construction
prior to January 1, 1987, the owner may apply to the SPGA for a special
permit for maintenance of an existing noncomplying apartment.
(b)
The SPGA shall ordinarily grant a special permit
for the existing noncomplying second dwelling unit unless specific
evidence is submitted supporting any claim that the unit has caused
a deterioration of the single-family neighborhood or a decrease in
property values or has caused any other substantial detrimental effect
on the public welfare and convenience. In weighing such claims and
evidence, the SPGA shall consider whether any changes required to
bring the second dwelling unit into compliance are sufficient to counteract
any prior negative impact.
(c)
In granting a special permit, the SPGA may impose such additional conditions as it may deem necessary to protect the single-family appearance of the dwelling and to bring the dwelling as close to conformity with the conditions and requirements for new accessory apartments in Subsection B as is feasible.
(d)
If a special permit is granted and corrective
changes are required, they must be completed within 90 days of the
date of granting the permit. When required changes are completed,
the Building Inspector will issue a certificate of occupancy.
(e)
If a special permit is denied, the second dwelling
unit shall be terminated within one year of the date of the denial.
Planned unit resort developments shall be permitted only under a special permit from the Planning Board. The special permit criteria contained in this section shall apply in addition to those contained in § 125-4, Special permits.
A.
Purpose. The purpose of planned unit resort development
is to permit greater flexibility in the development of land by requiring
few predetermined standards; to permit a developer to propose a site
development and use plan unique to a particular location; to permit
the use of development standards more detailed than the general standards
elsewhere in this chapter; to provide information for the Town to
evaluate the potential impacts of a proposed development; and to enable
the Planning Board to require adherence to a site development and
use plan (master plan) in the granting of a special permit.
B.
Establishment of planned unit resort development.
Planned unit resort development (PURD) requires a special permit from
the Planning Board. Where development is elected under a PURD special
permit, the requirements of this section shall supersede and replace
all dimensional and use requirements of the zoning district in which
the PURD is proposed.
C.
Minimum development area. The minimum acreage for
establishing a planned unit resort development is 1,000 acres.
D.
Permitted uses. The applicant shall submit as part
of the overall master plan a description of the quality and actual
mix of the use elements proposed to be developed together with a narrative
justification of the suitability of such use elements in the particular
location. The following uses are allowed: inn and conference centers
up to 200 guest rooms, camping and rustic lodging, educational facilities,
restaurants, retail use up to 25,000 total square feet, active and
passive recreational uses (i.e., golf course, clubhouse, tennis courts,
fitness center, etc.), residential uses, agriculture and conservation
areas and other related uses deemed by the Planning Board to be compatible
with the overall resort character.
E.
Preapplication conference. Prior to the submission
of an application for special permit, the applicant is advised to
confer with the Town department heads at a meeting under the direction
of the Office of Community Development to obtain information and guidance
before entering into binding commitments or incurring substantial
expense in the preparation of plans, surveys and other data.
F.
Preliminary development plan. An applicant is encouraged
but not required to file a preliminary development plan with the Planning
Board. Such filing will not be deemed an application for special permit.
The preliminary development plan shall contain the following:
(1)
A land use plan of the area proposed for the PURD
showing the uses as permitted and any areas proposed to be dedicated
or reserved for interior circulation, public parks, public buildings,
or open space, or otherwise dedicated or reserved areas;
(2)
A general circulation plan indicating the proposed
movement and relative volumes of vehicles, goods, and pedestrians
within the site and to and from public thoroughfares;
(3)
Tables showing overall density of development by land
use type;
(4)
A plan demonstrating that all utilities, including
water supply and sewage disposal, will meet the needs of the proposed
development; and
(5)
Approximate locations of environmentally sensitive
areas, such as steep slopes, wetlands and rare and endangered species
habitat.
G.
Master plan.
(1)
Project approval will be dependent on an approved master plan that describes in detail those elements required in a preliminary plan and in conformance with the criteria established under site plan approval, § 125-19 of this chapter. This shall include existing conditions, the boundaries of land use zones, the exact mix of uses on the site, all dimensional criteria, architectural renderings and other design treatments, landscaping and environmentally sensitive areas.
(2)
The master plan shall contain reasonable and enforceable
standards and limitations which the Planning Board determines are
necessary to achieve the goals, protections and controls equivalent
to those achieved by the guidelines contained in this section. The
issuance of a special permit shall authorize the commencement of the
construction and improvements described in such special permit, subject
to the issuance of any required building permit.
H.
Special permit requirements. The applicant shall submit
an application for a special permit in conformance with MGL c. 40A,
§ 9, accompanied by the original master plan plus six copies
to the Town Clerk accompanied by a certified check made payable to
the Town of Adams in the amount of $500 to cover filing fees.
(2)
Public hearing.
(a)
Upon receipt of the master plan and an application
for special permit, the Planning Board shall, within 65 days and in
conformance with the requirements of MGL c. 40A, § 9, hold
a public hearing.
(b)
Because of the comprehensive nature of permits
to be issued under this section, where practical, this hearing for
a special permit shall be held simultaneously and in joint session
with other permit granting authorities and requirements, including
but not limited to site plan approval, wetlands and Board of Health
regulations.
(3)
Special permit approval/denial. Within 90 days of
the hearing date, the Planning Board shall either issue or deny the
special permit.
(a)
If the Planning Board issues the permit, it
shall incorporate the master plan as a condition of such permit and
shall require that any development under such special permit comply
with the master plan. The special permit may contain such additional
conditions, modifications, restrictions and requirements as the Planning
Board deems appropriate to effectuate the purposes and requirements
of this section.
(b)
If the Planning Board approves the master plan
and subsequently issues a special permit, such issuance shall constitute
a finding that the master plan incorporated therein complies with
this chapter. Additionally such issuance shall constitute acceptance
by the Planning Board of any final environmental impact report in
conformance with MEPA and approved by the Secretary of the Massachusetts
Executive Office of Environmental Affairs.
I.
Special permit criteria for planned unit resort development.
In considering the issuance of a special permit, the Planning Board
has established the following site development guidelines that will
govern the development of the site. In order to receive a special
permit, the applicant must adhere to these guidelines as far as practicable.
J.
Site development guidelines.
(1)
Preserve the integrity of the site's natural resources.
(a)
Support, amplify and complement the natural
features of the site and surrounding areas.
(b)
Continue to provide the variety of experiences
now found on the site, e.g., open fields, forests, streams, stone
walls, viewsheds, etc.
(c)
A preservation area shall be maintained along
the inside of the site perimeter.
(d)
Design grading/land forms (e.g., golf course)
to reflect and enhance natural topography.
(e)
Preserve and enhance contrasting landscapes
by preserving open fields and wildlife habitat, restoring previously
disturbed or damaged areas, and creating natural areas where development
is prohibited.
(f)
Retain existing vegetation, particularly trees,
to provide wildlife habitat, windbreaks, shading, erosion control,
filter strips, moisture retention and aesthetic benefits.
(g)
Minimize forest fragmentation.
(h)
Avoid development in areas affecting rare and
endangered species.
(i)
Avoid direct impact on wetlands. Protect wetlands
by minimizing wetland crossings and activity within the one-hundred-foot
buffer zone. Insofar as practical, establish a fifty-foot to one-hundred-foot
buffer of no disturbance around each wetland and waterway.
(j)
There should be no significant diversion or
damming of streams that contain rare and endangered species.
(k)
Maintain any forested or shaded areas along
those streams that contain rare or endangered species.
(l)
Post-development runoff should equal pre-development
runoff.
(m)
Maintain the natural state of watercourses,
swales, and floodways as much as possible.
(n)
Natural drainages should be used where possible.
(o)
Avoid development in areas affecting unique
assemblages of organisms.
(p)
Minimize on-site vehicular traffic.
(q)
The existing land form shall be preserved in
its natural state, insofar as practicable, by minimizing tree and
soil removal and the removal or alteration of any unique or historic
features.
(r)
Electric, telephone, cable television and other
such lines and equipment shall be underground. Where appropriate,
support facilities such as storage, refuse disposal, and utility buildings
should be located and screened to make them less visible.
(2)
Arrange land uses in a complementary manner.
(a)
The natural character and appearance of the
Town shall be maintained or enhanced. Awareness of the existence of
a development, particularly a higher-density development, shall be
minimized by screening views of the development from nearby streets,
single-family neighborhoods or Town property by effective use of existing
land forms, or alterations thereto, such as berms, and existing vegetation
or supplemental planting.
(b)
Open space shall be located and designed so
as to increase the visual amenities of the neighborhood as well as
for occupants of the development.
(c)
The higher-density development should not block
scenic vistas.
(d)
Create interconnected landscapes: contiguous
networks within the site and beyond its boundaries.
(e)
Insofar as possible, service areas and parking
should be screened from view.
(f)
Design for harmonious visual impact. Protect
view and viewsheds within and beyond the site.
(3)
Encourage and improve connections within the site
and the Town of Adams.
(a)
Circulation ways should connect to the Town
of Adams to increase convenience and to decrease construction cost
of roadways.
(b)
Connections should be made to existing trail
systems.
(c)
A system of routes for pedestrians and bicyclists,
creating minimal conflicts with vehicles, shall be developed.
(d)
On-site circulation corridors should complement
and not interfere with active recreation uses, thus ensuring safety.
(e)
The total parking count should be adequate.
(f)
The total parking count need not be constructed
at the outset. It is acceptable to initially build fewer than the
total as long as the total cars are shown on the site plan so they
may be eventually accommodated if the need arises.
(g)
Insofar as it is possible, required parking
should be on the periphery of the development cluster (not in a large
lot in the middle of the cluster).
(h)
All parking should be as unobtrusive as possible
and in as park-like a setting as possible. Generous use of trees,
shrubs and landforms should be employed to screen cars and generally
soften their visual impact.
(i)
Special event parking shall be on the shoulders
of roads and on grass fields.
(j)
Buildings and grounds adjoining them shall permit
easy access and operation by emergency personnel and equipment.
(k)
Where applicable, improved access, or the development
of additional links or connectors, shall be made to a Town system
of public facilities and services, such as conservation areas, recreation
facilities, footpaths or bicycle paths, streets, transportation systems
or utility systems.
(l)
A system of routes for pedestrians and bicycles
with minimal conflicts with vehicles shall be developed.
(4)
Building arrangements should reflect the traditional
New England village approach to land use.
(a)
Without specifying any particular architectural
style, the scale, massing and detailing of buildings shall be compatible
with those prevalent in the neighborhood. Where a multifamily development
is located adjacent to a neighborhood of single-family dwellings,
the massing scheme and the selection of exterior materials for buildings
shall be complementary to a single-family neighborhood.
(b)
The removal or substantial alteration of buildings
of historic significance, the new use of places of historic significance
or the location of dwellings, or use adjacent to, and compatible with
buildings or places of historic or architectural significance shall
be minimized.
(c)
Buildings shall be located harmoniously with
the land form and other natural features of the site, effectively
for solar and wind orientation and for energy conservation, and advantageously
for views from the buildings while minimizing intrusion on views from
other buildings.
(d)
Structures and parking areas on the site should
be clustered to allow minimal disturbance and to keep the majority
of the site open.
(e)
Location of the uses around a village common
(open space) is encouraged. Orientation of the common to take advantage
of the scenic views is also encouraged.
(f)
Open spaces near buildings shall be designed
to be pedestrian friendly. Use of wooden outdoor benches, gazebos,
conservatories, etc., is encouraged.
(g)
To minimize the visual impact on the neighborhood,
buildings shall be set back a minimum of 100 feet from any property
line.
(h)
Buildings shall not exceed three stories, except
for a focal structure which may have a spire or tower up to 60 feet
tall.
(i)
Outdoor patios, verandas, gazebos, porches and
other such architectural elements are encouraged.
[Added 3-24-2014 STM by Art. 8[1]]
A.
Purpose. The purpose of this section is to:
(1)
Provide a permitting process for the installation of commercial-scale
ground-mounted solar energy systems so that they may be utilized in
a cost-effective, efficient, and timely manner to increase the use
of distributed generation;
(2)
Integrate these solar energy systems into the community in a manner
that minimizes their impacts on the health, safety, and welfare of
residents, the character and appearance of the Town and its neighborhoods,
on property values and on the scenic, historic, and environmental
resources of the Town;
(3)
Provide standards and requirements for regulation, placement, construction,
monitoring, design, modification and removal of commercial-scale ground-mounted
solar energy systems; and
(4)
Locate solar energy systems, regardless of scale, in a manner that
mitigates potential negative impacts, such as, but not limited to,
visual nuisance, noise, and falling objects on the general safety,
welfare and quality of life of the Town's neighborhoods and the broader
community.
B.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
COMMERCIAL-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEM
ON-SITE GROUND-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ENERGY SYSTEM
Definitions.
A solar energy system designed to be mounted on a building
or other structure. This definition applies to solar systems or facilities
of any capacity that are designed to be operated in direct contact
with a building.
A solar energy system that has solar panels structurally
mounted on the ground and where the primary use is electrical generation
to be sold to the wholesale electricity markets. This includes appurtenant
equipment for the collection, storage, and distribution of electricity
to buildings or to the electric grid.
A solar energy system that has its solar panels structurally
mounted on the ground and is designed, as an accessory use, to generate
electricity to be primarily consumed by the principal use of the property.
On-site ground-mounted solar energy systems may or may not be connected
to an electric power utility.
All equipment, machinery, and structures utilized in connection
with the conversion of sunlight to electricity. This includes, but
is not limited to, collection, transmission, storage, and supply equipment,
substations, transformers, and access roads.
C.
Building-integrated and on-site ground-mounted solar energy systems.
(1)
Building-integrated solar energy systems. Building-integrated solar
energy systems may be located in any zoning district of the Town of
Adams. Building-integrated solar energy systems shall not be erected,
constructed, installed or materially modified without first obtaining
a building permit from the Building Inspector. The Building Inspector
may require additional structural analysis or other information as
needed to complete permit review.
(2)
On-site ground-mounted solar energy systems. On-site ground-mounted solar energy systems that are 1/4 acre or larger in size and designed to primarily generate electricity for on-site use may be located in any zoning district, subject to site plan approval by the Planning Board in accordance with § 125-19 of the Adams Zoning Bylaws. The panels for on-site ground-mounted solar energy systems shall be limited to a height of five feet, unless otherwise approved by the Planning Board.
D.
Designated locations for commercial-scale ground-mounted solar energy systems. The location designated by the Town of Adams where commercial-scale ground-mounted solar energy systems may be sited as-of-right but subject to site plan approval in accordance with § 125-19 of this chapter is the Industrial (I) District. Commercial-scale ground-mounted solar energy systems may be sited in the Industrial Park (IP) District, Business (B1) District, Business (B2) District, Business (B3) District, and the Residential (R1) District if granted a special permit and subject to site plan approval. Commercial-scale ground-mounted solar energy systems are prohibited in all other zoning districts within the Town of Adams. Said locations are shown on a Zoning Map pursuant to MGL c. 40A, § 4. This map is hereby made part of this Zoning Bylaw and is on file in the office of the Town Clerk.
E.
General requirements. The following general requirements are established for all proposed installations of commercial-scale ground-mounted solar energy systems consistent with Subsection D:
(1)
Special permit required. No commercial-scale ground-mounted solar energy system in an Industrial Park (IP) District, Business (B1) District, Business (B2) District, Business (B3) District, or a Residential (R1) District shall be constructed, installed or materially modified without first obtaining a special permit from the Adams Planning Board in accordance with this section and § 125-4, Special permits.
(2)
Setbacks. Setbacks from all boundary lines shall be a minimum of
100 feet for commercial-scale ground-mounted solar energy systems.
The special permit granting authority may reduce the minimum setback
distance, as appropriate, based on site-specific considerations.
(3)
Site control. At the time of application for a special permit, the
applicant shall submit documentation of actual or prospective control
of the project site sufficient to allow for installation and use of
the proposed facility. Documentation shall also include proof of control
over setback areas and access roads, if required. "Control" shall
mean legal authority to prevent the use or construction of any structure
within the setback area.
(4)
Emergency services. The applicant shall provide a copy of the project
summary, electrical schematic, and site plan to the Town's emergency
services entities, as designated by the Planning Board. Upon request,
the applicant shall cooperate with local emergency services in developing
an emergency response plan. All means of shutting down the solar energy
system shall be clearly marked. The applicant or facility owner shall
maintain a phone number and identify a responsible person for the
public to contact with inquiries and/or complaints throughout the
life of the project.
(5)
Unauthorized access. The solar energy system shall be designed to
prevent unauthorized access. Electrical equipment shall be locked
where possible.
(6)
Emergency response plan. If required by the Planning Board, the applicant
shall prepare an emergency response plan that addresses construction
and operation activities for the solar energy system, and establishes
standards and practices that will minimize the risk of fire danger,
and in the case of fire, provide for immediate suppression and notification.
(7)
Utility notification. No commercial-scale ground-mounted solar energy
system shall be constructed until evidence, satisfactory to the Planning
Board, has been provided that the utility company has been informed
of the operator's intent to install an interconnected customer-owned
generator. Off-grid systems shall be exempt from this requirement.
(8)
Operation and maintenance. The applicant shall submit a plan for
the operation and maintenance of the commercial-scale ground-mounted
solar energy system, which shall include measures for maintaining
safe access to the installation, stormwater controls, as well as general
procedures for operational maintenance of the installation.
F.
Siting criteria.
(1)
Commercial-scale ground-mounted solar energy systems shall be located
so as to minimize the potential impacts on the following:
(a)
Visual/aesthetic: Commercial-scale solar energy systems shall,
when possible, be sited off ridgelines to locations where their visual
impact is least detrimental to valuable historic and scenic areas
and established residential areas;
(b)
General health, safety, and welfare of residents;
(c)
Diminution of residential property values; and
(d)
Safety, as in cases of attractive nuisance.
(2)
The following siting criteria for commercial-scale solar energy systems
are ranked in order of preference:
(a)
The use of business-zoned land and industrial-zoned lands, which
comply with other requirements of this section and where visual impact
can be minimized and mitigated, shall be encouraged.
(b)
The use of land distant from higher-density residential properties
and where visual impact can be minimized and mitigated shall be encouraged.
G.
Design standards. The following design standards are established
for all proposed installations of commercial-scale ground-mounted
solar energy systems:
(1)
Lighting. No lighting of the solar photovoltaic installation is permitted.
Lighting of other parts of the installation, such as appurtenant structures,
shall be limited to that required for safety and operational purposes
and shall be reasonably shielded from abutting properties. Where feasible,
lighting shall be directed downward and shall incorporate full cut-off
fixtures to minimize any light pollution from the project.
(2)
Landscaping/buffer requirements. Appropriate landscaping and vegetative buffer shall be installed adequate to visually screen the solar energy system from the boundary of any abutting residential properties that would have a direct view of the proposed installation. The landscaped buffer must be sufficiently dense to block the view of the project from all dwellings abutting the property. The applicant shall submit a landscape plan as required in Subsection H ("Application requirements") as part of the special permit and/or site plan approval application. The Planning Board may waive the landscaping and buffer requirements applying to the project site where it deems advisable.
(3)
Fencing. The entire perimeter of the commercial-scale solar energy
system shall be fenced and gated for security to a height of six feet
or higher as required by the National Electrical Code. Use of razor
wire is not permitted.
(4)
Signage. Signs for commercial-scale ground-mounted solar energy systems
shall comply with the sign requirements of the Adams Zoning Bylaws.
A sign no greater than four square feet indicating the name of the
facility owner(s) and a twenty-four-hour emergency telephone number
shall be posted adjacent to the entry gate. In addition, "no trespassing"
or other warning signs may be posted on the fence, as approved by
the Planning Board during site plan review. Commercial advertising
shall not be allowed on any component of the solar energy system.
(5)
Utility connections. As determined by the Planning Board, all reasonable
efforts shall be made to install all cable connections underground
for the commercial-scale solar energy system, depending on soil conditions,
topography, and any other requirements of the utility provider. Electronic
transformers for utility interconnections may be above ground if required
by the utility provider.
(6)
Appurtenant structures. Equipment shelters and accessory buildings
shall be designed to be architecturally similar and compatible with
each other and shall be no more than 12 feet high. The buildings shall
be used only for housing of equipment related to the particular site.
Whenever possible, buildings shall be joined or clustered so as to
appear as one building.
H.
Application requirements; provisions for independent consultants.
(1)
Solar energy systems requiring a special permit. Special permit applications for commercial-scale ground-mounted solar energy systems, where required, shall include the following information in addition to requirements under § 125-4 ("Special permits"):
(a)
Lease/contract. An applicant requesting a permit for a commercial-scale
ground-mounted solar energy system shall provide a copy of the existing
lease/contract with the underlying landowner.
(b)
Landscaping plan. For commercial-scale projects, the applicant
shall submit a landscaping plan as part of site plan approval. The
landscaping plan shall detail the following:
[1]
All proposed changes to the landscape of the site, including
temporary and permanent roads and/or driveways, grading, area of vegetative
clearing, all proposed vegetative planting and screening, and/or fencing;
[2]
Planting design shall include details of the types and size
of plant materials. Landscaping shall be designed in an environmentally
sensitive manner with noninvasive drought-tolerant native plants,
so as to reduce irrigation needs; and
[3]
All landscaping and required buffer areas shall be properly
maintained. Landscape plants shall be monitored for at least two growing
seasons.
(c)
Technical documentation. The applicant shall, at a minimum,
submit the following technical documentation regarding the proposed
solar energy system:
[1]
Solar energy system technical specifications, including documentation
in the form of shop drawings or catalogue cuts of the major system
components to be used, including the PV panels, mounting system, and
inverter;
[2]
Drawings of the proposed solar energy system stamped by a professional
engineer licensed in Massachusetts showing the proposed layout of
the system, proposed topographic and other changes to the existing
landscape, and any potential clearing of vegetation;
[3]
Electrical diagram detailing the solar energy system installation,
associated components, and electrical interconnection methods, with
all National Electrical Code compliant disconnects and overcurrent
devices;
(d)
Visualizations for commercial-scale projects. The Planning Board
may select up to three sight lines, including from the nearest building
with a view of the proposed solar energy system, for pre- and post-construction
view representations. View representations, if required, shall have
the following characteristics:
[1]
View representations shall be in color and shall include preconstruction
photographs and accurate post-construction simulations of the height
and extent of the proposed solar installation;
[2]
All view representations will include existing and proposed
buildings and/or tree coverage; and
[3]
Include a description of the technical procedures followed in
producing the visualization (distances, angles, lens, etc.).
(2)
Upon submission of an application for a special permit under this
section, the Planning Board may engage independent technical consultants,
whose services shall be paid for by the applicant(s). These consultants
shall each be qualified professionals with a record of service to
municipalities in one of the following fields:
(3)
Applicants for any special permit under this section shall obtain
permission from the owner(s) of the proposed property and/or facility
site for the Town's independent consultants to conduct any necessary
site visits.
(4)
Expiration. A special permit issued pursuant to this article shall
expire if: (a) The solar energy system is not installed and functioning
within 24 months from the date the permit is issued; or (b) The solar
energy system is abandoned. The Planning Board may extend the special
permit if it deems there are unique circumstances that justify a delay
in the installation and/or functioning of the solar energy system.
I.
Financial surety. Applicants seeking to construct and operate a commercial-scale
ground-mounted solar energy system shall provide a form of surety
to cover the cost of removal and restoration of the site in the event
the site is abandoned. The amount and form of surety shall be determined
by the Planning Board, but in no event shall the amount exceed 125%
of the cost of removal. Applicants shall submit a fully inclusive
cost estimate, which accounts for inflation and other causes over
the life of the system, of the costs associated with the removal of
the commercial-scale ground-mounted solar energy system prepared by
a qualified engineer. All subsequent owners/operators of the system
shall continue to provide a form of surety acceptable to the Town
until the commercial-scale solar energy system has been removed. The
surety account or bond will be managed by the Town Treasurer's office.
J.
Operation, monitoring and maintenance.
(1)
Facility conditions. The commercial-scale ground-mounted solar energy
system's owner or operator shall maintain the facility in good condition.
Maintenance shall address all elements of the project, including but
not limited to structural repairs, landscaping and screening, fencing
and other security measures, stormwater management, and access. The
project owner shall be responsible for the cost of maintaining the
solar energy system and any access road(s), and the cost of repairing
any damage occurring as a result of operation and construction.
(2)
Operation and maintenance plan. The project applicant shall submit
a plan for the operation and maintenance of the commercial-scale solar
energy system as part of the special permit application. This plan
shall include measures for maintaining safe access to the installation,
stormwater management control, and general procedures for operational
maintenance of the facility.
(3)
Modifications. All material modifications to a solar energy facility
made after issuance of the permit shall require approval by the special
permit granting authority as provided in this article.
K.
Removal, decommissioning, and abandonment.
(1)
Removal requirements. Any commercial-scale ground-mounted solar energy
system which has reached the end of its useful life or has been abandoned
shall be removed. When the solar energy system is scheduled to be
decommissioned, the owner or operator shall notify the Town by certified
mail of the proposed date of discontinued operations and plans for
removal. The owner/operator shall physically remove the solar system
installation no more than six months after the date of discontinued
operations. At the time of removal, the solar system site shall be
restored to the state it was in before the system was constructed
or to any other legally authorized use, subject to all Town approvals.
More specifically, decommissioning shall consist of the following:
(a)
Physical removal of all solar photovoltaic installations, including
structures, equipment, security barriers, and transmission lines,
from the site;
(b)
Any utility connections shall be disconnected to the satisfaction
of the Adams Fire District and the Town's Wiring Inspector;
(c)
Disposal of all solid and hazardous waste in accordance with
local and state waste disposal regulations and standards; and
(d)
Stabilization or revegetation of the site as necessary to minimize
erosion. The Planning Board may allow the owner/operator to leave
landscaping or any designated below-grade foundations in order to
minimize erosion and disruption to vegetation.
(2)
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, a commercial-scale
ground-mounted solar energy system shall be considered abandoned when
it ceases to operate for more than 12 months, without written consent
of the Planning Board. "Cease to operate" is defined as not performing
the normal functions associated with the commercial-scale solar energy
system and its equipment on a continuous and ongoing basis for a period
of one year. The Building Inspector shall confer with the Planning
Board and provide written notification of abandonment to the owner/operator.
If the owner/operator fails to remove the solar energy system in accordance
with the requirements of this section within six months of abandonment
or the proposed date of decommissioning, the Town shall have the authority
to enter the property and physically remove the solar energy system.
[Added 3-5-2018 STM by
Art. 5]
A.
Purpose. The purpose of this section is to provide for the placement
of Licensed Marijuana Establishments in suitable locations in Adams,
in recognition of and in accordance with "The Regulation and Taxation
of Marijuana Act," MGL c. 94G, in order to minimize potential adverse
impacts of marijuana establishments. The specific purpose of this
section is to safeguard the built environment by permitting compliance
with state law in a manner consistent with community and neighborhood
concerns, while also ensuring that those entities permitted to operate
a licensed marijuana establishment, as defined herein, comply with
all of the provisions of Chapter 334 of the Acts of 2016.
B.
LICENSED MARIJUANA ESTABLISHMENT
MARIJUANA COURIER
MARIJUANA CULTIVATOR
MARIJUANA DELIVERY OPERATOR
MARIJUANA INDEPENDENT TESTING LABORATORY
MARIJUANA PRODUCT MANUFACTURER
MARIJUANA PRODUCTS
MARIJUANA RETAILER
Definitions.
A marijuana cultivator, independent marijuana testing laboratory,
marijuana product manufacturer, marijuana retailer, or any other type
of marijuana-related business licensed by the Massachusetts Cannabis
Control Commission.
An entity licensed to deliver marijuana and marijuana products
directly to consumers from a Marijuana Retailer but is not authorized
to sell directly to consumers.
[Added 6-21-2022 ATM by Art. 20]
An entity licensed to cultivate, process, and package marijuana,
to deliver marijuana to marijuana establishments, and to transfer
marijuana to other marijuana establishments but not consumers.
An entity licensed to purchase at wholesale and warehouse
finished marijuana products acquired from a marijuana cultivator or
product manufacturer, and to sell and deliver directly to consumers,
but is not authorized to operate a storefront.
[Added 6-21-2022 ATM by Art. 20]
A laboratory licensed by the Cannabis Control Commission
and qualified to test marijuana in compliance with regulations promulgated
by the Commission, as amended.
An entity licensed to obtain, manufacture, process, and package
marijuana and marijuana products and to transfer these products to
other marijuana establishments but not consumers.
[Amended 6-21-2022 ATM by Art. 20]
Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use or consumption, including edible products, beverages,
topical products, ointments, oils, and tinctures.
An entity licensed to purchase and transport marijuana and
marijuana products from marijuana establishments and to sell or otherwise
transfer marijuana and marijuana products to marijuana establishments
and to consumers.
[Amended 6-21-2022 ATM by Art. 20]
C.
Designated locations for marijuana establishments. The locations
designated by the Town of Adams where licensed marijuana establishments
may be sited are as follows:
(1)
Licensed marijuana establishments may be sited as-of-right in the Industrial (I) District, as shown on the Zoning Map pursuant to MGL c. 40A, § 4, subject to site plan approval in accordance with § 125-19 of this chapter.
(2)
Marijuana retailers, delivery operators, and couriers, as defined
in this bylaw, may be sited in the Business (B-2) District as shown
on the Zoning Map pursuant to G.L. c. 40A, § 4, if granted
a Special Permit and subject to site plan approval. Marijuana cultivators,
product manufacturers, delivery operators, and couriers, as defined
by this bylaw, may be sited in the Industrial Park (IP) District if
granted a Special Permit and subject to site plan approval. The Special
Permit Granting Authority is the Adams Planning Board.
[Amended 6-21-2021 ATM by Art. 20; 6-21-2022 ATM by Art. 20]
(3)
Marijuana independent testing laboratories, as defined herein, may
be sited in the Industrial Park (IP) District shown on the Zoning
Map pursuant to MGL c. 40A, § 4, if granted a special permit
and subject to site plan approval.
(4)
Licensed marijuana establishments, both medical and nonmedical marijuana
establishments, are prohibited in all other zoning districts within
the Town of Adams.
D.
General requirements. The following general requirements are established for all proposed operations of licensed marijuana establishments, consistent with Subsection C.
(1)
Permanent location. Each licensed marijuana establishment and any
part of its operation, including, but not limited to, cultivation,
processing, packaging, and sales, shall be operated from a fixed location
within a fully enclosed building and its operations shall not be visible
from the exterior of the premises. No marijuana establishment, including
any medical or nonmedical retailer, shall be permitted to operate
from a movable, mobile or transitory location. This section shall
not apply to any licensed Marijuana Delivery Operator or Courier.
[Amended 6-21-2022 ATM by Art. 20]
(2)
Outside storage. No outside storage of marijuana, marijuana products,
related supplies, or educational materials is permitted.
(3)
Hours of operation. A marijuana retailer, delivery operator, or courier
may open or operate no earlier than 8:00 a.m. and shall close no later
than 8:00 p.m. the same day, Monday through Saturday, and from 10:00
a.m. until 6:00 p.m. on Sunday unless other hours of operation are
set by the Planning Board as part of site plan approval. Hours of
operation shall apply to all sales, delivery, and dispensing activities
for the business. There shall be no hourly restrictions on marijuana
testing facilities or marijuana manufacturers, unless imposed by the
Planning Board as part of site plan approval.
[Amended 6-21-2022 ATM by Art. 20]
(4)
Signage. All signage and advertising for licensed marijuana establishments shall comply with all applicable state laws, as well as the provisions of § 125-15 of this chapter and all other applicable provisions of this Code and any relevant regulations promulgated by the Cannabis Control Commission.
(5)
On-site consumption of marijuana. The use, consumption, ingestion
or inhalation of marijuana or marijuana products on or within the
premises of any licensed marijuana establishment is prohibited.
(6)
Visibility of activities. All activities of any licensed marijuana
establishment, including any marijuana retailer or marijuana manufacturer,
shall be conducted indoors. This section shall not apply to any licensed
Marijuana Delivery Operator or Courier.
[Amended 6-21-2022 ATM by Art. 20]
(7)
Paraphernalia. Devices, contrivances, instruments and paraphernalia
for inhaling or otherwise consuming marijuana, including, but not
limited to, rolling papers and related tools, water pipes, and vaporizers,
may lawfully be sold at a marijuana retailer. No retail marijuana,
marijuana products, or paraphernalia shall be displayed or kept in
a retail marijuana store so as to be visible from outside the licensed
premises.
(8)
Control of emissions. Sufficient measures and means of preventing
smoke, odors, debris, dust, fluids and other substances from exiting
a licensed marijuana establishment must be provided at all times.
In the event that any odors, debris, dust, fluids or other substances
exit a retail marijuana store or marijuana manufacturing or testing
facility, the owner of the subject premises and the licensee shall
be liable for such conditions and shall be responsible for immediate,
full clean-up and correction of such condition. The licensee shall
properly dispose of all such materials, items and other substances
in a safe, sanitary and secure manner and in accordance with all applicable
federal, state and local laws and regulations.
(9)
Any violation will be corrected within 30 days and if not corrected
within the required time, all operations of the licensed marijuana
establishment shall be suspended until the violation is corrected.
E.
Special permit required. No licensed marijuana retailer in a Business (B-2) District shall be operated without first obtaining a special permit from the Adams Planning Board in accordance with this section and § 125-4, Special permits. Similarly, no marijuana independent testing laboratory in an Industrial Park (IP) District shall be operated without obtaining a special permit from the Planning Board.
(1)
No licensed marijuana retailer within a B-2 District may be located
closer than 250 feet from any school, daycare center, or other similar
facility where minors commonly congregate and are the primary population
served by the facility.
(2)
The setback distance is to be measured in a straight line from the
nearest point of the property line of the proposed marijuana retailer
and the nearest point of the property line of the protected uses stated
above.
(3)
As part of the special permit process, the Planning Board may reduce
the required minimum setback distance within a B-2 District if it
finds site-specific circumstances or barriers adequately separate
the proposed marijuana retailer and a protected use. The burden shall
be on the applicant to demonstrate that reducing the minimum setback
will serve the purpose of this section and address the concerns of
the Planning Board.
(4)
A special permit shall only be valid for use by the applicant and
will become null and void upon the sale or transfer of the license
of a marijuana establishment operating under a special permit or upon
a change in the location of the business.
(5)
In the event that the Commonwealth's licensing authority suspends
the license or registration of a licensed marijuana establishment
operating under a special permit, the special permit shall be so suspended
by the Town until the matter is resolved to the satisfaction of said
licensing authority.
(6)
Marijuana
Establishment that seeks to expand or alter its operations so as to
come within a new class or sub-class of Marijuana Establishment, as
identified in 935 CMR 500.050, shall obtain a new special permit prior
to undertaking such expansion or alteration.
[Added 6-21-2022 ATM by Art. 20]
F.
Site plan required. All proposed uses under this section shall be subject to the Town's site plan review process as set forth in § 125-19. In addition to the standard application requirements for site plan approval, such applications for licensed marijuana establishments shall include the following:
(1)
The name and address of each owner of the facility/operation.
(2)
A copy of the license or registration as a licensed marijuana establishment
from the Massachusetts Cannabis Control Commission or documentation
that demonstrates that said facility and its owner/operators qualify
and are eligible to receive a certification of registration and meet
all of the requirements of a licensed marijuana establishment in accordance
with the regulations adopted by the Commission, as amended.
(3)
Evidence that the applicant has site control and the right to use
the site for a licensed marijuana establishment.
(4)
As part of the applicant's site plan, details showing all proposed
exterior security measures for the premises, including lighting, fencing,
gates and alarms, etc. ensuring the safety of employees, patrons,
and the public and to protect the premises from theft or other criminal
activity.
(5)
A letter from the Adams Police Chief certifying the Department has
reviewed and deemed acceptable the applicant's full security plan
for the proposed facility. Should the Police Chief recommend additional
security provisions, the Planning Board may incorporate additional
recommendations as part of site plan approval. The Building Commissioner
shall not issue a certificate of occupancy until the Police Chief
has inspected the premises and certified that all security measures
have been implemented per the approved plan.
(6)
The proposed plan shall provide appropriate landscaping and urban
design features to harmonize the proposed project with abutting uses
so as to protect and enhance the aesthetics and architectural look
and character of the surrounding neighborhood.
(7)
The Planning Board may require a traffic study that includes an analysis
of on-site circulation and parking demand to justify the number of
proposed parking spaces and the optimum configuration for site ingress
and egress.
(8)
In
addition to what is otherwise required to be shown on a site plan
pursuant to this section, any applicant that proposes to provide delivery
of cannabis or marijuana to consumers located off site (home delivery)
shall include on the plans submitted to the Planning Board any loading
area to be used in connection with the home delivery operation, whether
conducted by the Marijuana Establishment itself or a Marijuana Delivery
Licensee, and/or the area where the Marijuana Establishment will park
vehicles used for home delivery, including overnight parking.
[Added 6-21-2022 ATM by Art. 20]
G.
Discontinuance of use. Any licensed marijuana establishment under
this section shall be required to remove all material, marijuana products,
equipment, signs, and other paraphernalia in compliance with regulations
established by the Cannabis Control Commission prior to expiration
of its license or immediately following revocation or voiding of its
licensure and/or registration. If the license holder discontinues
use, the licensed marijuana establishment shall immediately notify
the Adams Select Board, the Adams Police Chief, and the Zoning Enforcement
Officer.
H.
Other laws remain applicable.
(1)
Business license required. At all times while a permit is in effect
the licensee shall possess a valid business license as required by
the Adams Town Code.
(2)
To the extent the state has adopted or adopts in the future any additional
or stricter law or regulation governing the sale, distribution or
testing of retail marijuana or retail marijuana products, the additional
or stricter regulation shall control the establishment or operation
of any marijuana retailer in the Town. Compliance with any applicable
state law or regulation shall be deemed an additional requirement
for issuance or denial of any license under this chapter, and noncompliance
with any applicable state law or regulation shall be grounds for revocation
or suspension of any license issued hereunder.
(3)
Any licensed marijuana establishment may be required to demonstrate,
upon demand by law enforcement officers of the Adams Police Department
and/or the local licensing authority, that the source and quantity
of any marijuana found upon the licensed premises are in full compliance
with any applicable state law or regulation.
(4)
The issuance of any license pursuant to this chapter shall not be
deemed to create an exception, defense or immunity to any person in
regard to any potential criminal liability the person may have for
the cultivation, possession, sale, distribution or use of marijuana.
(5)
Prior to the issuance of a special permit or site plan approval,
the licensed marijuana establishment must have entered into a host
community agreement with the Town. If, upon review by the Board of
Selectmen, the licensed marijuana establishment is found to not be
fully in compliance with the host community agreement, the special
permit and/or the local license may be suspended or rescinded.
[Added 9-24-2020 ATM
by Art. 20]
A.
Purpose. The purposes of this Section are:
(1)
Establish a Smart Growth Overlay District (SG District) to encourage
smart growth in accordance with the purposes of G.L. Chapter 40R;
(2)
Encourage the revitalization of existing buildings to benefit the
general health and welfare of our residents and the region;
(3)
Promote the economic health and vitality of the Town by encouraging
the preservation, reuse, renovation, and repurposing of underutilized
historic structures where applicable;
(4)
Provide a mechanism for increasing the supply and diversity of housing
to meet existing and anticipated housing needs;
(5)
Maintain or increase the supply of affordable housing units;
(6)
Encourage the creation of new multifamily and residential developments
in appropriate locations at appropriate densities;
(7)
Enable the Town to receive Zoning Incentive Payments and Density
Bonus Payments in accordance with G.L. c. 40R and 760 CMR 59.06, arising
from the development of housing in the SG District; and
(8)
To maintain a consistently high level of design quality.
B.
AFFORDABLE HOMEOWNERSHIP UNIT
AFFORDABLE HOUSING
AFFORDABLE HOUSING RESTRICTION
AFFORDABLE RENTAL UNIT
APPLICANT
AS-OF-RIGHT
DEPARTMENT or DHCD
DESIGN STANDARDS
DEVELOPABLE LAND
ELIGIBLE HOUSEHOLD
GOVERNING LAWS
LIGHT INDUSTRIAL USE
LIVE/WORK UNIT
MIXED-USE DEVELOPMENT PROJECT
MONITORING AGENT
MULTI-FAMILY RESIDENTIAL USE
PAA REGULATIONS
PLAN APPROVAL
PLAN APPROVAL AUTHORITY (PAA)
PROJECT
RESIDENTIAL PROJECT
SG DISTRICT
ZONING BYLAW
Definitions. For purposes of this Section, the following definitions shall apply, subject to the limitations below. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws, § 125-40B, or as set forth in the PAA Regulations. To the extent that there is any conflict between the definitions set forth in this Section, the Design Standards or the PAA Regulations and the Enabling Laws, the definitions under the Enabling Laws shall govern.
An Affordable Housing unit required to be sold to an Eligible
Household.
Housing that is affordable to and occupied by Eligible Households.
A deed restriction for Affordable Housing meeting the statutory
requirements in G.L. Chapter 184, Section 31 and the requirements
of this Section.
An Affordable Housing unit required to be rented to an Eligible
Household.
The individual or entity that submits a Project for Plan
Approval.
A use allowed in the SG District without recourse to a special
permit, variance, zoning amendment, or other form of zoning relief.
A Project that requires Plan Approval by the PAA pursuant to this
Section shall be considered an as-of-right Project.
The Massachusetts Department of Housing and Community Development,
or any successor agency.
Provisions of the Adams 40R Smart Growth Overlay District
and Downtown Facade & Signage Improvement Program Design Guidelines,
provided the applicable version of such guidelines has been approved
by DHCD and is on file with the Town Clerk.
An area of land that does not include floodplain, wetlands
or wetland buffer zone areas, River Protection Areas, rare and endangered
species habitats as designated by the Massachusetts Natural Heritage
and Endangered Species Program, or slopes over 15%.
An individual or household whose annual income is less than
80 percent of the area-wide median income as determined by the United
States Department of Housing and Urban Development (HUD) or any successor
agency, adjusted for household size, with income computed using HUD's
rules for attribution of income to assets.
G.L. Chapter 40R, and 760 CMR 59.00 or applicable successor
regulation.
Fabrication, finishing, packaging or assembly operation utilizing
hand labor or quiet machinery and processes, that are free from agents
disturbing to the neighborhood, including but not limited to odors,
gas fumes, smoke, cinders, flashing or excessively bright lights,
refuse matter, electromagnetic radiation, heat or vibration.
A living unit in which the resident(s) are engaged in creative
production and services, and which may or may not include retail sales
of items produced on-site, provided such sales do not occur more than
12 hours per week or between the hours of 8:00 PM to 8:00 AM.
A Project containing a mix of residential uses and non-residential
uses, as allowed by this Section, and subject to all applicable provisions
of this Section.
The local housing authority or other qualified housing entity
designated by the PAA pursuant to this Section to review and implement
the affordability requirements affecting Projects under this Section.
A residential building in which there are three (3) or more
residential dwelling units.
The rules and regulations of the PAA adopted pursuant to subsection J(3).
The Adams Planning Board, authorized under subsection J to conduct the Plan Approval process for purposes of reviewing Project applications and issuing Plan Approval decisions within the SG District.
A Residential or Mixed-use development undertaken within
the SG District in accordance with the requirements of this Section.
A Project that consists solely of residential, parking, and
accessory uses.
The Smart Growth Overlay District established by this Section
pursuant to G.L. Chapter 40R.
The current effective Zoning Bylaw of the Town of Adams.
C.
Establishment and Location. The SG District is an overlay district
consisting of the land shown on the Map entitled Smart Growth Overlay
District (SGD), dated July 10, 2019 and on file with the Town Clerk,
and further defined as follows:
(1)
Subdistricts. The SG District shall consist of the following four
(4) subdistricts:
|
Subdistrict A: "Park Street Smart Growth Area,"
which shall consist of the land shown on the 2019 Town of Adams Assessors'
Map as Parcels 115/005, 115/004, and 113/098.
|
|
Subdistrict B: "Schools Smart Growth Area," which
shall consist of the land shown on the 2019 Town of Adams Assessors'
Map as Parcels 112/002, 115/075, 109/029, and 119/271
|
|
Subdistrict C: "Mills Smart Growth Area," which
shall consist of the land shown on the 2019 Town of Adams Assessors'
Map as Parcels 112/012.1, 112/012.2, 115/088, 121/034, 121/035, 120/036,
and 122/041.
|
|
Subdistrict D: "Developable Land Smart Growth Area,"
which shall consist of the land shown on the 2019 Town of Adams Assessors'
Map as Parcels 109/128, 116/075, 116/077, 116/078, and 116/268.
|
D.
Applicability.
(1)
The SG District is an overlay district superimposed on all underlying
zoning districts. The regulations for use, dimension, and all other
provisions of the Zoning Bylaw governing the underlying zoning district(s)
shall remain in full force, except for those Projects undergoing development
pursuant to this Section. Within the boundaries of the SG District,
a developer may elect either to develop a Project in accordance with
the requirements of the SG District, or to develop a project in accordance
with the regulations for use, dimension, and all other provisions
of the Zoning Bylaw governing the underlying zoning district(s) or
other applicable overlay district(s).
(2)
An Applicant seeking to develop a Project located within the SG District
must submit an application for Plan Approval in accordance with the
provisions of the Enabling Laws and this Section. Notwithstanding
anything to the contrary in the Zoning Bylaw, such Project shall not
be subject to any other provisions of the Zoning Bylaw, including
limitations upon the issuance of building permits for residential
uses related to a rate of development or phased growth limitation
or to a local moratorium on the issuance of such permits, or to other
building permit or dwelling unit limitations.
(3)
Administration, Enforcement, and Appeals. The provisions of this Section 125-50 shall be administered by the Building Commissioner, except as otherwise provided herein. Any legal appeal arising out of a Plan Approval decision by the PAA under Sections H and J through L shall be governed by the applicable provisions of G.L. Chapter 40R. Any other request for enforcement or appeal arising under this section 125-40 shall be governed by the applicable provisions of G.L. Chapter 40A.
E.
Permitted Uses. The following uses are permitted as-of-right for
Projects within and seeking Plan Approval per the provisions of the
SG District. Any other use of land or buildings in connection with
a Project in the SG District is prohibited.
(1)
Subdistrict A (Park Street Smart Growth Area):
(a)
Multi-family residential uses.
(b)
Mixed-use Projects, incorporating multifamily residential uses
and any of the following non-residential uses, where the minimum gross
floor area devoted to residential uses shall be no less than 67% of
the gross floor area of the Project:
[1]
Offices, including medical offices and co-working facilities.
[2]
Retail stores, including banks, but excluding wholesale establishments
and establishments with drive-through windows.
[3]
General service establishments and personal service establishments.
[4]
Bakeries and artisan food or beverage producers.
[5]
Restaurants and cafes, indoor or outdoor.
[6]
Hotels.
(c)
Accessory uses, including home occupations, and parking accessory
to any of the above permitted uses.
(2)
Subdistrict B (Schools Smart Growth Area):
(a)
Multi-family residential uses.
(b)
Mixed-use Projects, incorporating multifamily residential uses
and any of the following non-residential uses, where the minimum gross
floor area devoted to the residential uses shall be no less than 70%
of the gross floor area of the Project:
[1]
Restaurants and cafes, indoor or outdoor.
[2]
Personal service establishments, including daycares.
[3]
Medical offices and co-working spaces.
[4]
Municipal offices or facilities.
[5]
Retail stores, including banks, but excluding wholesale establishments
and establishments with drive-through windows.
(c)
Accessory uses, including home occupations, and parking accessory
to any of the above permitted uses.
(3)
Subdistrict C (Mills Smart Growth Area):
(a)
Multi-family residential uses, which may include live/work units;
(b)
Mixed-use Projects, incorporating multifamily residential uses
and any of the following non-residential uses, where the minimum gross
floor area devoted to the residential uses shall be no less than 80%
of the gross floor area of the Project:
[1]
Offices, including medical offices.
[2]
Retail stores, including banks, but excluding wholesale establishments
and establishments with drive-through windows.
[3]
General service establishments and personal service establishments,
including daycares.
[4]
Bakeries and artisan food or beverage producers.
[5]
Restaurants and cafes, indoor or outdoor.
[6]
Hotels.
[7]
Community, education, or recreational uses, including museums,
parks, playgrounds, health clubs and gym/fitness centers.
[8]
Municipal facilities.
[9]
Light industrial uses.
(c)
Accessory uses, including home occupations, and parking accessory
to any of the above permitted uses.
F.
Affordable Housing. For all Projects, not less than twenty percent
(20%) of housing units constructed shall be Affordable Housing, and,
subject to the foregoing, not more than forty percent (40%) of housing
units approved in the District as a whole under this Section shall
be Affordable Housing. The PAA may allow a greater percentage of affordable
housing at its discretion. For purposes of calculating the number
of units of Affordable Housing required within a Project, any fractional
unit shall be deemed to constitute a whole unit. Affordable housing
shall be subject to the following requirements:
(1)
Monitoring Agent. A Monitoring Agent, which may be the local housing
authority or other qualified housing entity, shall be designated by
the PAA in its plan approval. In a case where the Monitoring Agent
cannot adequately carry out its administrative duties, upon certification
of this fact by the PAA or by DHCD such duties shall devolve to and
thereafter be administered by a qualified housing entity designated
by the PAA. In any event, such Monitoring Agent shall ensure the following,
both prior to issuance of a Building Permit for a Project within the
SG District, and on a continuing basis thereafter, as the case may
be:
(a)
Prices of Affordable Homeownership Units are properly computed;
rental amounts of Affordable Rental Units are properly computed;
(b)
Income eligibility of households applying for Affordable Housing
is properly and reliably determined;
(c)
The housing marketing and resident selection plan conforms to
all applicable requirements, has been approved by DHCD, specifically
with regard to conformance with G.L. c. 40R and 760 CMR 59.00, and
is properly administered;
(d)
Sales and rentals are made to Eligible Households chosen in
accordance with the housing marketing and resident selection plan
with appropriate unit size for each household being properly determined
and proper preference being given; and
(e)
Affordable Housing Restrictions meeting the requirements of
this Section are approved by DHCD, specifically with regard to conformance
with G.L. c. 40R and 760 CMR 59.00, and recorded with the Northern
Berkshire Registry of Deeds.
(2)
Submission Requirements. As part of an application for Plan Approval
for a Project within the SG District, the Applicant must submit the
following documents identified herein to the PAA and the Monitoring
Agent:
(a)
Evidence that the Project complies with the cost and eligibility requirements of subsection F(3);
(c)
A form of Affordable Housing Restriction that satisfies the requirements of subsection F(5).
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These documents in combination shall include details about construction
related to the provision, within the development, of units that are
accessible to the disabled and appropriate for diverse populations,
including households with children, other households, individuals,
households including individuals with disabilities, and the elderly.
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(3)
Cost and Eligibility Requirements. Affordable Housing shall comply
with the following requirements:
(a)
Affordable Housing required to be offered for rent or sale shall
be rented or sold to and occupied only by Eligible Households.
(b)
For an Affordable Rental Unit, the monthly rent payment, including
utilities and parking, shall not exceed thirty (30%) percent of the
maximum monthly income permissible for an Eligible Household, assuming
a family size equal to the number of bedrooms in the unit plus one,
unless other affordable housing program rent limits approved by the
DHCD shall apply.
(c)
For an Affordable Homeownership Unit the monthly housing payment,
including mortgage principal and interest, private mortgage insurance,
property taxes, condominium and/or homeowners' association fees, insurance,
and parking, shall not exceed thirty (30%) percent of the maximum
monthly income permissible for an Eligible Household, assuming a family
size equal to the number of bedrooms in the unit plus one.
(d)
Prior to the granting of any Building Permit for a Project,
the Applicant must demonstrate:
[1]
To the satisfaction of the Monitoring Agent, that the method
by which such affordable rents or affordable purchase prices are computed
shall be consistent with state or federal guidelines for affordability
applicable to Adams; and
[2]
To the satisfaction of the Monitoring Agent and the PAA that
the Project's affirmative fair housing marketing and resident selection
plan and Statutory Affordable Housing Restriction have been approved
by DHCD.
(4)
Design and Construction. Units of Affordable Housing shall be finished
housing units. Units of Affordable Housing shall be dispersed proportionately
throughout the Project of which they are a part, across all residential
buildings, floors and distinct unit types in accordance with the affordable
housing restriction and marketing and tenant selection plan approved
by DHCD and be comparable in initial construction quality and exterior
design to the other housing units in the Project. Unless expressly
required otherwise under one or more applicable state or federal housing
subsidy programs, the bedroom-per-unit average for the Affordable
Housing must be equal to or greater than the bedroom-per-unit average
for the unrestricted/market-rate units.
(5)
Affordable Housing Restriction. Each Project shall be subject to
an Affordable Housing Restriction which is recorded with the appropriate
Registry of Deeds or registry district of the Land Court and which
contains the following:
(a)
Specification of the term of the Affordable Housing Restriction,
which shall be no less than thirty (30) years;
(b)
The name and address of the Monitoring Agent, with a designation
of its power to monitor and enforce the Affordable Housing Restriction;
(c)
A description of the Affordable Homeownership Unit, if any,
by address and number of bedrooms; and a description of the overall
quantity, initial unit designations and number of bedrooms and number
of bedroom types of Affordable Rental Units in a Project or portion
of a Project which are rental. Such restriction shall apply individually
to the specifically identified Affordable Homeownership Unit and shall
apply to a percentage of rental units of a rental Project or the rental
portion of a Project with the initially designated Affordable Rental
Units identified in, and able to float subject to specific approval
by DHCD in accordance with, the corresponding Affirmative Fair Housing
Marketing Plan (AFHMP) and DHCD's AFHMP guidelines.
(d)
Reference to a housing marketing and resident selection plan,
to which the Affordable Housing is subject, and which includes an
affirmative fair housing marketing program, including public notice
and a fair resident selection process. The plan shall designate the
household size appropriate for a unit with respect to the number of
bedrooms and provide that a preference for such Unit shall be given
to a household of the appropriate size;
(e)
A requirement that buyers or tenants will be selected at the
initial sale or initial rental and upon all subsequent sales and rentals
from a list of Eligible Households compiled in accordance with the
housing marketing and resident selection plan;
(f)
Reference to the formula pursuant to which rent of a rental
unit or the maximum resale price of a homeownership unit will be set;
(g)
A requirement that only an Eligible Household may reside in
Affordable Housing and that notice of any lease of any Affordable
Rental Unit shall be given to the Monitoring Agent;
(h)
Provision for effective monitoring and enforcement of the terms
and provisions of the Affordable Housing Restriction by the Monitoring
Agent;
(i)
Provision that the restriction on an Affordable Homeownership
Unit shall run in favor of the Monitoring Agent and/or the Town, in
a form approved by Town Counsel, and shall limit initial sale and
re-sale to occupancy by an Eligible Household;
(j)
Provision that the restriction on Affordable Rental Units in
a rental Project or rental portion of a Project shall run with the
rental Project or rental portion of a Project and shall run in favor
of the Monitoring Agent and/or the Town, in a form approved by Town
Counsel, and shall limit rental and occupancy to an Eligible Household;
(k)
Provision that the owner or manager of Affordable Rental Units
shall file an annual report to the Monitoring Agent, in a form specified
by that agent, certifying compliance with the affordability provisions
of this Section and containing such other information as may be reasonably
requested in order to ensure affordability; and
(l)
A requirement that residents in Affordable Housing provide such
information as the Monitoring Agent may reasonably request in order
to ensure affordability.
(6)
Costs of Housing Marketing and Selection Plan. The housing marketing
and selection plan may make provision for payment by the Project Applicant
of reasonable costs to the Monitoring Agent to develop, advertise,
and maintain the list of Eligible Households and to monitor and enforce
compliance with affordability requirements. Such payment shall not
exceed one-half percent (1/2%) of the amount of rents of Affordable
Rental Units (payable annually) or one-half percent (112%) of the
sale or resale prices of Affordable Homeownership Units (payable upon
each such sale or resale), as applicable.
(7)
Age Restrictions. Nothing in this subsection F shall permit the imposition of restrictions on age upon Projects unless proposed or agreed to voluntarily by the Applicant. However, the PAA may, in its review of an application for Plan Approval, allow a specific Project within the SG District designated exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable federal, state and local fair housing laws and regulations and not less than twenty-five percent (25%) of the housing units in such a restricted Project shall be restricted as Affordable units.
(8)
Phasing. For any Project that is approved and developed in phases,
the percentage of Affordable units in each phase shall be at least
equal to the minimum percentage of Affordable Housing required herein.
Where the percentage of Affordable Housing is not uniform across all
phases, the unit dispersal and bedroom proportionality requirements
herein shall be applied proportionately to the Affordable Housing
provided for in each respective phase.
(9)
No Waiver. Notwithstanding anything to the contrary herein, the affordability
provisions in the SG District shall not be waived unless expressly
approved in writing by DHCD.
G.
Density and Dimensional Requirements. Notwithstanding anything to
the contrary in this Zoning Bylaw, the dimensional requirements applicable
in the SG District are as follows:
(1)
Residential Density. Multifamily residential (three or more dwelling
units) and mixed use Projects in the SG District may be developed
as-of-right at a minimum density of 20 dwelling units per acre of
Developable Land. Two-family and three-family residential Projects
may be developed as-of-right in Subdistrict Data minimum density of
12 dwelling units per acre of Developable Land.
(2)
Lot Area, Frontage, and Yard Setbacks. Each project shall have:
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Minimum Project area
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10,000 square feet
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Minimum length of frontage
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50 feet
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Minimum front yard setback
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0 feet in Subdistrict A; 25 feet in all other Subdistricts
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Minimum side yard setback
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No requirement between buildings within a Project; 10 feet between
any Project building and the boundary of the SGD
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Minimum rear yard setback
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No requirement between buildings within a Project; 10 feet between
any Project building and the boundary of the SGD
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For the purposes of this subsection, frontage and front yard
setbacks shall be determined with respect to public and private streets,
as well as to private ways providing similar access.
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(3)
Access. Individual buildings or parcels within a Project site shall
have coordinated street access. There shall be not more than one driveway
(curb cut) per 50 feet of frontage.
(4)
Open Space. The Town of Adams encourages preservation of open space
areas to the extent possible in all Projects. For the purpose of this
subsection, "open space" shall be defined as yards, playgrounds, walkways
and other areas not covered by parking and driveways; such open space
need not be accessible to the public. The site design for Projects
may include common open space facilities. Where proposed, the plans
and any necessary supporting documents submitted with an application
for Plan Approval within the SGD shall show the general size, character,
and general area within which common open space or facilities will
be located. The plans and documentation submitted to the PAA shall
include a description of proposed ownership and maintenance provisions
of all common open space and facilities and, if requested by the PAA,
any necessary restrictions or easements designed to preserve the open
space and recreational areas from future development. Upon consideration
of the above information, the PAA may approve a waiver for dimensional
requirements to allow for common open space or facilities, as provided
for below in this subsection.
(5)
Building Height, maximum. Each project shall not exceed:
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Subdistrict A
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4 stories or 50 feet
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Subdistrict B
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4 stories or 50 feet
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Subdistrict C
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5 stories or 60 feet
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Subdistrict D
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3 stories or 40 feet
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H.
Building Design Standards. Applicable to all projects:
(1)
Relationship to Historic Architecture and Context. Any existing buildings
in the SG District at the time of adoption of the SG District shall
be retained unless it is satisfactorily demonstrated to the PAA that
renovation and reuse are infeasible. Where the PAA denies such relief
with respect to parcels for which DHCD has qualified the corresponding
Incentive Units and the applicant believes that such relief has been
unreasonably withheld and that retention would render development
infeasible, the applicant may submit evidence of such to DHCD which
the Department shall consider before issuing any subsequent Certificate
of Compliance under 760 CMR 59.07.
(2)
The renovation of existing buildings should follow the provisions
of the Adams 40R Smart Growth Overlay District and the Adams Downtown
Facade Design Guidelines.
(3)
New construction should, to the extent possible, follow the provisions
of the Adams 40R Smart Growth Overlay District and the Adams Downtown
Facade Design Guidelines.
I.
Parking and Loading Requirements. Notwithstanding parking and loading requirements established § 125-13 of the Adams Town Code, the following requirements are applicable for Projects within the SG District.
(1)
Parking spaces. For Projects located in the SG District, unless otherwise
approved by the PAA, the following minimum requirements shall apply:
Residential project: One parking space per residential unit
Mixed-use project: One parking space per residential unit plus
the applicable quantity computed per the table below: ·
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Use
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Minimum and Minimum Parking Required
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|---|---|
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Office, retail, wholesale, general service, and personal service
establishments
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1 space per 250 square feet of net useable floor area
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Bakeries and artisan food or beverage producers
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1 space per employee
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Restaurants and cafes
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1 space per four (4) seats
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Hotels
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1 space per guest room
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Community, education, or recreational uses
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1 space for each four (4) seats or equivalent floor area
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Municipal buildings and facilities
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1 space per 250 square feet of net useable office area
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Light industrial uses
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1 space per 1.3 employees at the largest shift plus one space
per 2.6 employees at the second largest shift
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(2)
Loading spaces. Unless otherwise approved by the PAA, one loading
space shall be provided for every 20,000 gross square feet of floor
area for non-residential use. Loading spaces must be demonstrated
to be of sufficient area and height to serve the intended use.
(3)
Shared Parking and Loading. Notwithstanding anything to the contrary
herein, the use of shared parking or loading to fulfill parking or
loading demands noted above that occur at different times of day is
strongly encouraged. Minimum parking and loading requirements above
may be reduced by the PAA through the Plan Approval process if the
applicant can demonstrate that shared spaces will meet demands by
using accepted methodologies (e.g., the Urban Land Institute Shared
Parking Report, ITE Shared Parking Guidelines, or other approved studies
identified in the PAA Regulations or the Enabling Laws).
(4)
Reduction in parking or loading requirements. Notwithstanding anything
to the contrary herein, any minimum required amount of parking or
loading may be reduced by the PAA through the Plan Approval process
if the applicant can demonstrate that the lesser amount of parking
or loading will not cause excessive congestion, endanger public safety,
or that a lesser amount of parking or loading will provide positive
environmental or other benefits, taking into consideration:
(a)
The availability of surplus off street parking or loading in
the vicinity of the use being served and/or the proximity of a bus
stop or transit station;
(b)
The availability of public or commercial parking or loading
facilities in the vicinity of the use being served;
(c)
Shared use of off street parking or loading spaces serving other
uses having peak user demands at different times;
(d)
Age or other occupancy restrictions which are likely to result
in a lower level of auto usage;
(e)
Impact of the parking or loading requirement on the physical
environment of the affected area of the Project or adjacent areas
or lots including reduction in green space, destruction of significant
existing trees and other vegetation, destruction of existing dwelling
units, or loss of pedestrian amenities along public ways; and
(f)
Such other factors as may be considered by the PAA.
(5)
Location of Parking and Loading. Any surface parking lot or loading
area shall, to the maximum extent feasible, be located at the rear
or side of a building, relative to any principal street, public open
space, or pedestrian way.
J.
Plan Approval of Projects: General Provisions.
(1)
Plan Approval. All Applicants for Projects proposed to be developed
in accordance with this Section shall submit an application for Plan
Approval to the PAA to be reviewed for consistency with the purpose
and intent of the SG District. Such Plan Approval process shall be
construed as an as-of-right review and approval process as required
by and in accordance with the Enabling Laws.
(2)
Plan Approval Authority (PAA). The Planning Board, consistent with
G.L. Chapter 40R and 760 CMR 59.00, shall be the Plan Approval Authority
(the "PAA"), and it is authorized to conduct the Plan Approval process
for purposes of reviewing Project applications and issuing Plan Approval
decisions within the SG District.
(3)
PAA Regulations. The Plan Approval Authority may adopt administrative
rules and regulations relative to Plan Approval. Such rules and regulations
must be approved by DHCD.
(4)
Project Phasing. An Applicant may propose, in a Plan Approval submission, that a Project be developed in phases, provided that the submission shows the full buildout of the Project and all associated impacts as of the completion of the final phase, and subject to the approval of the PAA. Any phased project shall comply with the provisions of subsection F(8).
K.
Plan Approval Procedures.
(1)
Pre-application (Optional). Prior to the submittal of a Plan Approval
submission, a "Concept Plan" may be submitted to help guide the development
of the definitive submission for Project buildout and individual elements
thereof. Such Concept Plan should reflect the following: areas of
developable and undevelopable land; overall building envelope areas;
open space and natural resource areas; general site improvements,
groupings of buildings, proposed land uses; and conceptual designs
of any new construction, if available. The Concept Plan is intended
to be used as a tool for both the Applicant and the PAA to ensure
that the proposed Project design will be consistent with the Design
Standards and other requirements of the SGD.
(2)
Required Submittals. An application for Plan Approval shall be submitted to the PAA on the form provided by the PAA and approved by DHCD, and accompanied by an application fee if required, which shall be as set forth in the PAA Regulations. The application shall be accompanied by such plans and documents as may be required and set forth in the PAA Regulations. For any Project that is subject to the affordability requirements of subsection F, the application shall be accompanied by all materials required under subsection F(2). All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals forty feet (1"=40') or larger, or at a scale as approved in advance by the PAA.
(3)
Filing. An Applicant for Plan Approval shall file the required number
of copies of the application form and the other required submittals
as set forth in the PAA Regulations with the Town Clerk, and a copy
of the application including the date of filing certified by the Town
Clerk shall be filed forthwith with the PAA.
(4)
Circulation to Other Boards. Upon receipt of the Application, the PAA shall immediately provide a copy of the application materials to the Select Board, Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Department of Public Works, the Monitoring Agent (for any Project subject to the affordability requirements of subsection F), and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.
(5)
Hearing. The PAA shall hold a public hearing for which notice has
been given as provided in Section 11 of G.L. Chapter 40A. The decision
of the PAA shall be made, and a written notice of the decision filed
with the Town Clerk, within 120 days of the receipt of the application
by the Town Clerk. The required time limits for such action may be
extended by written agreement between the Applicant and the PAA, with
a copy of such agreement being filed in the office of the Town Clerk.
Failure of the PAA to take action within said 120 days or extended
time, if applicable, shall be deemed to be an approval of the Plan
Approval application.
(6)
Peer Review. The Applicant shall be required to pay for reasonable
consulting fees to provide peer review of the Plan Approval application,
pursuant to G.L. Chapter 40R, Section 11(a). Such fees shall be held
by the Town in a separate account and used only for expenses associated
with the review of the application by outside consultants, including,
but not limited to, attorneys, engineers, urban designers, housing
consultants, planners, and others. Any surplus remaining after the
completion of such review, including any interest accrued, shall be
returned to the Applicant forthwith.
L.
Plan Approval Decisions.
(1)
Plan Approval. Plan Approval shall be granted where the PAA finds
that:
(a)
The Applicant has submitted the required fees and information
as set forth in the PAA Regulations; and
(b)
The Project as described in the application meets all of the
requirements and standards, including affordability requirements and
Design Standards, and the PAA Regulations, or a waiver has been granted
therefrom; and
(c)
The Project's affirmative fair housing marketing and resident
selection plan and Statutory Affordable Housing Restriction have been
approved by DHCD, or the PAA approval is conditioned upon DHCD granting
approval of the Project's affirmative fair housing marketing and resident
selection plan and Statutory Affordable Housing Restriction; provided
that if any provision in the PAA decision is in conflict with DHCD's
requirements for affirmative fair housing marketing and resident selection,
DHCD's requirements shall control; and
(d)
Any extraordinary adverse potential impacts of the Project on
nearby properties have been adequately mitigated.
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For a Project subject to the affordability requirements of subsection F, compliance with condition b above shall include written confirmation by the Monitoring Agent that all requirements of that subsection have been satisfied. The PAA may attach conditions to the Plan Approval decision that are necessary to ensure substantial compliance with this Section and the PAA's approval, or to mitigate any extraordinary adverse potential impacts of the Project on nearby properties. Any conditions and fees imposed upon the Applicant must be proportional and have a rational nexus to the potential impacts of the Project on the site and on nearby land.
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(2)
Plan Disapproval. A Plan Approval application may be disapproved
only where the PAA finds that:
(a)
The Applicant has not submitted the required fees and information
as set forth in the PAA Regulations; or
(b)
The Project as described in the application does not meet all
of the requirements and standards set forth in this Section and the
PAA Regulations, or that a requested waiver therefrom has not been
granted; or
(c)
It is not possible to mitigate adequately significant adverse
project impacts on nearby properties by means of suitable conditions.
(3)
Waivers. Upon the request of the Applicant, and subject to compliance
with G.L. c. 40R, 760 CRM 59.00 and this Section, the Plan Approval
Authority may waive dimensional and other requirements of this Section,
including the Design Standards, in the interests of design flexibility
and overall project quality, and upon a finding of consistency of
such variation with the overall purpose and objectives of the SGD,
or if it finds that such waiver will allow the Project to achieve
the density, affordability, mix of uses, and/or physical character
allowable under this Section.
(4)
Project Phasing. The PAA, as a condition of any Plan Approval, may allow a Project to be phased at the request of the Applicant, or it may require a Project to be phased for the purpose of coordinating its development with the construction of Planned Infrastructure Improvements (as that term is defined under 760 CMR 59.00), or to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, unless otherwise explicitly approved in writing by the Department in relation to the specific Project, the proportion of Affordable units shall be at least equal to the minimum percentage of Affordable Housing required under subsection F.
(5)
Form of Decision. The PAA shall issue to the Applicant a copy of
its decision containing the name and address of the owner, identifying
the land affected, and the plans that were the subject of the decision,
and certifying that a copy of the decision has been filed with the
Town Clerk and that all plans referred to in the decision are on file
with the PAA. If twenty (20) days have elapsed after the decision
has been filed in the office of the Town Clerk without an appeal having
been filed or if such appeal, having been filed, is dismissed or denied,
the Town Clerk shall so certify on a copy of the decision. If an application
is approved by reason of the failure of the PAA to timely act, the
Town Clerk shall make such certification on a copy of the application.
A copy of the decision or application bearing such certification shall
be recorded in the Northern Berkshire Registry of Deeds in which the
land is located and indexed in the grantor index under the name of
the owner of record or recorded and noted on the owner's certificate
of title. The fee for recording or registering shall be paid by the
Applicant.
(6)
Validity of Decision. A Plan Approval shall remain valid and shall
run with the land indefinitely, provided that construction has commenced
within two years after the decision is issued, which time shall be
extended by the time required to adjudicate any appeal from such approval
and which time shall also be extended if the Project proponent is
actively pursuing other required permits for the Project or there
is other good cause for the failure to commence construction, or as
may be provided in a Plan Approval for a multi-phase Project.
(7)
Changes in Plans after Approval by PAA.
(a)
Minor Change. After Plan Approval, an Applicant may apply to
make minor changes in a Project involving minor utility or building
orientation adjustments, or minor adjustments to parking or other
site details that do not affect the overall buildout or building envelope
of the site, or provision of open space, number of housing units,
or housing need or affordability features. Such minor changes must
be submitted to the PAA on redlined prints of the approved plan, reflecting
the proposed change, and on application forms provided by the PAA.
The PAA may authorize such changes at any regularly scheduled meeting,
without the need to hold a public hearing. The PAA shall set forth
any decision to approve or deny such minor change by motion and written
decision, and provide a copy to the Applicant for filing with the
Town Clerk.
(b)
Major Change. Those changes deemed by the PAA to constitute a major change in a Project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to subsections J through L.
M.
Severability. If any provision of this Section is found to be invalid
by a court of competent jurisdiction, the remainder of this Section
shall not be affected but shall remain in full force. The invalidity
of any provision of this Section shall not affect the validity of
the remainder of the Adams Zoning Bylaw.
