Avon City Zoning Code
ARTICLE VII
Special Permits
§ 255-7.1 Special permits required for certain uses.
The uses authorized by this article, and as designated by § 255-5.3, Table of Use Regulations, are to be permitted only in those districts as specified and then only upon the prior issuance of a special permit, as provided in this article. A special permit shall only be issued for a use which is in harmony with the general purposes and intent of this bylaw. A special permit issued under this article may impose conditions, safeguards and limitations on time or use in order to further the objectives of this bylaw.
§ 255-7.2 Procedures.
A.
Rules. The special permit granting authority shall adopt, and it may from time to time amend, rules relative to the granting of special permits. An up-to-date copy of such rules shall be kept on file in the office of the Town Clerk. Such rules may prescribe the size, form, contents, style and number of copies of plans and specifications, and the procedure for the submission, processing and approval of all applications for such permits.
B.
Filing of applications. An applicant for a special permit shall begin his application by submitting the materials required by the rules of the special permit granting authority with the special permit granting authority and by filing a copy with the Town Clerk.
C.
Public hearing. Not more than 65 days following the date an application has been filed with it, the special permit granting authority shall hold a public hearing concerning each such application.
D.
Notice of public hearing. Notice of a public hearing under this section shall be by publication or posting as provided in MGL c. 40A, § 11, and by mailing to all parties in interest, as therein defined.
E.
Action on application. The special permit granting authority shall act with respect to each such application within 90 days following the date of the public hearing on such application. Failure of the special permit granting authority to take final action within such period shall be deemed to be approval of such application.
F.
Voting. Special permits shall require a two-thirds vote of a board having five or more members, a vote of at least four members of a five-member board and a unanimous vote of a three-member board.
G.
Withdrawal of application. An application for a special permit which has been transmitted to the special permit granting authority may be withdrawn, without prejudice, by the applicant prior to the publication of the notice of a public hearing thereon; thereafter it may be withdrawn without prejudice only with the approval of the special permit granting authority.
H.
Copy of decision. Upon the granting of a special permit, the special permit granting authority shall issue a certified copy of its decision to the owner, and to the applicant if other than the owner. The decision shall contain the name and address of the owner, identify the land affected, set forth compliance with the statutory requirements for the issuance of the permit and certify that copies of the decision and all plans referred to in the decision have been filed with the Planning Board and with the Town Clerk.
I.
Time of taking effect. No special permit shall become effective until a copy of the decision of the special permit granting authority bearing the certification of the Town Clerk that 20 days have elapsed and no appeal has been filed or that such appeal has been filed, that it has been dismissed or denied, is recorded in the Norfolk County Registry of Deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant.
J.
Lapse of permit. A special permit issued under this section shall lapse at the expiration of three years following the date of the decision of the special permit granting authority unless substantial use of the permit has been commenced, except for good cause, or, in the case of a permit for construction, if construction has not begun prior to such date except for good cause.
K.
Conditions. The special permit granting authority may impose conditions, safeguards and limitations on time or use.
L.
Repeat of applications. No application which has been unfavorably and finally acted upon by the special permit granting authority shall be favorably acted upon within two years following the date of final unfavorable action unless such special permit granting authority finds (by the same vote as required above) specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the record of the special permit granting authority, and unless all but one of the members of the special permit granting authority consents thereto after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered.
§ 255-7.3 General considerations for approval.
In considering an application under this article, the special permit granting authority shall assure, in addition to any special requirements otherwise established in this bylaw for a specific use, consideration of the following general conditions:
A.
Protection of adjoining premises against detrimental or offensive issues.
B.
Convenience and safety of vehicular and pedestrian traffic and movement within the site, and in relation to the adjacent streets, property or improvements.
C.
Adequacy of methods of disposal for sewage, refuse and other wastes resulting from the uses permitted or permissible, and the methods for drainage of water.
D.
Adequacy of space for off-street parking, movement and loading, unloading, delivery, pick-up or other vehicular requirements.
E.
Adequate access to any structures for fire and service equipment is provided.
F.
Any lighting provided does not have a deleterious effect on neighboring property.
G.
Effective use is made of topography, existing trees, and other vegetation and other natural terrain features with the building design and placement.
H.
Adequacy of the Town water supply system to service the proposed use.
§ 255-7.4 Authority to issue permits.
A.
Planning Board. The Planning Board shall be the special permit granting authority for all requests or applications for the following:
(1)
Hotels/motels.
(2)
Multiple dwelling units on a single lot in a residential or mixed-use zone.
(3)
Planned business development.
(4)
Planned industrial development.
(5)
Cluster zoning.
(6)
Planned unit development.
(7)
Removal of sand, gravel, loam.
(8)
Business Overlay District.
(9)
Village Overlay District.
(10)
In conjunction with the Conservation Commission, filling of water, wet area or depression.
(11)
Medical marijuana treatment and dispensing facilities and marijuana cultivation activities.
B.
Board of Appeals. The Board of Appeals shall be the special permit granting authority for all requests or applications for special permits for the following: all other instances in which a special permit is required.
§ 255-7.5 Specific requirements for particular uses.
[Amended 1-28-2023 STM by Art. 9; 5-6-2025 ATM by Art. 13]
A.
Apartments, multiple or attached dwellings in zoning districts where not permitted by right. The Planning Board, as a special permit granting authority, may issue a special permit for the construction of a building or buildings intended to be used for three or more dwelling units, provided that the following conditions are met with respect to any particular parcel of land:
(1)
The lot shall have not less than 200 feet of frontage and shall contain not less than 40,000 square feet of land.
(2)
Each dwelling unit will require the following land areas of buildable uplands as defined in Article II, Definitions:
RES R-25 and GEN BUS (25,000-square-foot lots) | RES R-40 (40,000-square-foot lots) | |
|---|---|---|
First 8 units | 12,500 square feet | 15,000 square feet |
Added units | 8,000 square feet | 10,000 square feet |
Maximum dwelling unit on a 2-acre site (low density) | 6 (3/acre) | 5 (2.5/acre) |
Maximum dwelling unit on a 10-acre site (high density) | 49 (4.9/acre) | 39 (3.9/acre) |
(3)
A space, not less than 20 feet in width along each sideline, the rear yard lot line and not less than 45 feet from the front lot line, except for entrance and exit driveways, shall be maintained with grass, trees, shrubs, flowers and other plantings and landscape features.
(4)
The manner of sewage disposal shall be approved, in writing, by the Board of Health.
B.
Hotels and motels. The Planning Board, as a special permit granting authority, may issue a special permit for the construction of a building or buildings intended to be used for a hotel and/or motel, provided that the following conditions are met with respect to any particular parcel of land:
(1)
The lot shall have not less than 200 feet of frontage and shall contain not less than 40,000 square feet of land area.
(2)
The front yard, side yards, and rear yard depths shall not be less than 50 feet.
(3)
A space not less than 20 feet in width along each side yard, from the rear yard lot line and from the front yard lot line, except for exit and entrance driveways, shall be maintained with grass, trees, shrubs, flowers and other planting and landscape features. Such area shall not be used for parking or otherwise.
(4)
The manner of sewage disposal shall be approved in writing by the Board of Health.
(5)
The site shall be provided with not more than two motor vehicle driveways for each abutting street which shall intersect the abutting street or streets at 90°. Coverage of the land shall not exceed 20%.
C.
Removal of loam, sand, gravel, quarry, or other earth materials. The Planning Board, as a special permit granting authority, may issue a special permit for the removal of loam, sand, gravel, quarry or other earth material, provided that the following conditions are met with respect to any particular parcel of land:
(1)
For the removal of loam, sand, gravel, quarry, or other earth materials other than that which is incidental to and in connection with the construction of a building on a lot, and for processing and treating raw materials, the following conditions shall govern:
(a)
Removal and processing operations shall not be conducted closer than 50 feet to a public street.
(b)
All equipment for sorting, washing, crushing, grading, drying, processing and treating, or other operation of machinery shall not be closer than 100 feet to any public street or to any adjoining lot line.
(d)
Any access to excavated areas or areas in the process of excavation will be adequately posted with "KEEP-OUT-DANGER" signs.
(e)
Any work face or bank that slopes more than 30° downward adjacent to a public street will be adequately fenced at the top.
(f)
Adequate provision is to be made for drainage during and after the completion of operations.
(g)
Lateral support shall be maintained for all adjacent properties. A maximum rate of slope shall be established by the Planning Board and set out in the special permit.
(h)
The use of explosives shall be done in accordance with the regulations for storage or handling of an explosive as published by the Commonwealth of Massachusetts.
(i)
All operations shall be conducted in such a manner so as to comply with the laws of the Commonwealth of Massachusetts regulating water pollution and air pollution.
(j)
The work hours of operation shall be designated by the Planning Board and set out in the special permit.
(k)
A plan for regrading of all or parts of the slopes resulting from such excavation or fill shall be submitted.
(l)
A plan for replacement of at least six inches of topsoil over all excavated, filled, or otherwise disturbed surfaces and seeding with a perennial cover crop, reseeded as necessary to assure uniform growth and soil surface stabilization, shall be submitted.
(m)
A plan for lighting, if night operation is contemplated, shall be submitted.
(n)
Proper provision shall be made for vehicular traffic, service roads, control of entrances and exits to highways.
(o)
Provision shall be made for a substantial fence enclosing the excavation or quarry where any excavation or quarry will extend under original ground level or will have a depth of 10 feet or more and create a slope of more than one foot in two feet. Such fence shall be located 10 feet or more from the edge of the excavation or quarry, and shall be at least six feet in height.
(p)
Provision shall be made for the submission to the Building Inspector of as-built plans of all final grading and site-improvements.
(q)
The Planning Board may require the posting of a performance bond, in such sum as it may determine to be reasonably necessary, in order to insure compliance with the restrictions herein set forth, and such other restrictions, conditions and safeguards as may be imposed by the Planning Board.
(2)
Proposed reuse of the land after or during the removal of loam, sand, gravel, quarry or other earth materials shall be submitted and the following conditions shall apply:
(a)
The applicant shall submit engineering or architectural site plans drawn at a scale of 40 feet to the inch prepared by a registered professional engineer or architect showing all details as may be deemed necessary by the Planning Board to meet the regulations for the proposed reuse of the land or the type of buildings to be erected.
(b)
The Planning Board may require that up to three approved alternative future land reuse plans be submitted for such land as is used for the extraction of sand, gravel, rock, and associated earth materials. It is recognized that land reuse of the removal areas is in the public interest.
(c)
Said land reuse plan and its implementation applies to the conversion of the abandoned site and its planned reuse. It is, therefore, required that any land reuse plan correspond to a situation which could reasonably occur in the immediate future (zero to five years) and revised as required by the Planning Board as the existing physical character of the removal area changes.
(d)
The land reuse plan or any part thereof which reasonably applies to an area which has been abandoned from removal use shall be put into effect within one year of the abandonment of said operation.
(3)
No permit of any type shall be issued for a future use of the site until all of the conditions stipulated in the special permit have been satisfied.
D.
Filling of any water, wet area or depression. The Planning Board, as a special permit granting authority, and in conjunction with the Conservation Commission, may issue a special permit for the filling of any body of water, wet area or depression, provided that the following conditions are met with respect to any particular parcel of land:
(1)
For the filling in of any pond, lake, swamp, or other existing body of water or wet area; and the filling in of any swale, valley or other area of depression, where 500 cubic yards or more, or where the area to be filled exceeds 10,000 square feet, the following conditions shall apply (Such conditions shall include, where applicable, prior approval of the Select Board and subsequent endorsement by the Conservation Commission.); see also § 255-11.3 of the bylaw:
(a)
Limitation of fill to terrace fills which are not to exceed 10 feet at any one time nor be within 10 feet of an adjacent lot line or any cut.
(b)
Regrading of all or parts of the slopes resulting from such fill.
(c)
Replacement of at least six inches of loam or topsoil over all filled or otherwise disturbed surfaces and seeding with a perennial cover crop, reseeded as necessary to assure uniform growth and soil surface stabilization.
(d)
Provision for temporary and permanent drainage of the site.
(e)
The work hours of operation shall be designated.
(f)
Where any fill will have a depth of 10 feet or more and create a slope of more than one foot in two feet, there shall be a substantial fence enclosing the fill at least six feet in height with suitable gates. Such fence shall be located 10 feet or more from the edge of the fill.
(2)
Proposed reuse of the land during and after the filling-in shall be submitted and the following conditions shall apply:
(a)
The applicant shall submit engineering or architectural site plans drawn at a scale of 40 feet to the inch prepared by a registered professional engineer or architect showing all details as may be deemed necessary by the Planning Board to meet the regulations for the proposed reuse of the land or the type of building to be erected.
(b)
The Planning Board may require that up to three approved alternative future land reuse plans be submitted for such land as is used for filling in. It is recognized that land reuse of the removal areas is in the public interest.
(c)
Said land reuse plan and its implementation apply to the conversion of the abandoned site and its planned reuse. It is, therefore, required that any land reuse plan correspond to a situation which could reasonably occur in the immediate future (zero to five years), and be revised as required by the Planning Board as the existing physical character of the removal area changes.
(d)
The land reuse plan or any part thereof which reasonably applies to an area which has been abandoned for filling-in use shall be put into effect within one year of the abandonment of said operation.
(3)
No permit of any type shall be issued for a future use of the site until all of the conditions stipulated in the special permit have been satisfied.
E.
Cluster residential development. The Planning Board, as a special permit granting authority, may issue a special permit for the construction of a cluster residential development, provided that the following conditions are met with respect to any particular parcel of land:
(1)
For residential development in a cluster pattern subject to the dimensional regulation less than the minimum required for the development of an individual lot in the same district, the following conditions shall apply:
(b)
Each individual lot shall be subject to all requirements for a one-family detached dwelling in any R-25 District.
(c)
The total number of proposed lots in the development within any district shall not exceed the number of lots which could be developed under normal application requirements of the R-25 District. For purposes of this section, it shall be assumed that a maximum of 80% of the total tract area could be utilized to meet lot area requirements.
(d)
The development shall be served by a public water system.
(e)
The manner of sewage disposal shall be approved in writing by the Board of Health.
(f)
At least 10% of the total tract area (of which at least 50% shall not be wetland or over 5% slope land) shall be set aside as common land and shall either be deeded to the Town or covenanted with the Town to be maintained as permanent "open space" in private or cooperative nonprofit ownership.
(g)
Such common land shall be deeded to and accepted by the Town or permanently covenanted simultaneously with the Planning Board's approval of the definitive subdivision plan.
(h)
Such common land shall be restricted to open space recreational uses such as a tot lot, park, playground, playfield, golf course, or conservation area.
(i)
Such common land shall have suitable access to a street.
F.
Planned unit development. The Planning Board, as a special permit granting authority, may issue a special permit for the construction of a planned unit development, provided that the following conditions are met with respect to any particular parcel of land:
(1)
For development in a planned unit concept for uses including, among others, residential, recreational, commercial, and institutional, and not subject to the Table of Dimensional and Density Regulations,[2] the following conditions shall apply:
(b)
The following uses shall be permitted: residential (one-, two-, and multifamily dwelling); community facilities (religious or educational; membership club for exclusive use of the residents of the planned unit development, public recreation or open space, fire station); and commercial (retail or service establishment).
(c)
At least 20% of the land area shall be set aside as permanent open space and offered to the Town for acceptance as public open space or covenanted by the owner as public open space.
(d)
The remaining 80% of the land area may be developed for residential, community facilities and commercial uses. No more than 5% of the total residential gross floor area at any time may be devoted to commercial gross floor area.
(e)
The residential net density within the developed area (80% portion) shall not exceed 20 dwelling units per acre, not including streets.
(f)
At any one time not more than 30% of the total dwelling units shall be of one type of bedroom composition.
(g)
Buildings shall be at least 50 feet from any district boundary and at least 15 feet from any street line or parking area and at least 24 feet apart.
(h)
Buildings shall not exceed three stories in height.
(i)
The development shall be served by a public water system.
(j)
The manner of sewage disposal shall be approved in writing by the Board of Health.
G.
Planned business development. The Planning Board, as a special permit granting authority, may issue a special permit for a planned business development, provided that the following conditions are met with respect to any particular parcel of land:
(1)
For planned business development of land subject to maximum building coverage more than the maximum permitted in the Table of Density and Dimensional Regulations[4] and less than the parking requirements contained in the Table of Off-Street Parking Regulations,[5] the following conditions shall apply:
(a)
The tract shall be in single or consolidated ownership at the time of application and shall be at least five acres in size.
(b)
Uses shall be continued in one continuous building, except that groupings of buildings may be allowed by special permit of the Planning Board where such groupings are consistent with the safety of the users of the development and are further consistent with the overall intent of this section.
(c)
The gross area of the buildings shall not exceed 50% of the total lot area.
(d)
The development shall be served by one common parking area and by common exit and entrance areas.
(e)
Reduction in parking space requirements shall not exceed more than 10% of those required under normal application of requirements for the particular uses proposed.
(f)
The development shall be served by a public water system.
(g)
The manner of sewage disposal shall be approved in writing by the Board of Health.
H.
Planned industrial development. The Planning Board, as a special permit granting authority, may issue a special permit for the construction of a planned industrial development, provided that the following conditions are met with respect to any particular parcel of land:
(2)
Individual lot sizes shall not be reduced more than 10% below that normally required for manufacturing or service industrial purposes in the district.
(3)
The total number of establishments in the development shall not exceed the number of establishments which could be developed under normal application requirements of the district.
(4)
The permitted uses shall be limited to manufacturing or service industrial uses, with the total use completely within the building.
(5)
The development shall be served by a public water system.
(6)
At least 10% of the total tract area (of which at least 50% shall not be wetlands or over 5% slope land) shall be set aside as common land and shall be either deeded to the Town or covenanted to be maintained as permanent "open space" in private or cooperative nonprofit ownership, or permanently covenanted simultaneously with the Planning Board's approval of the definitive subdivision plan, if any.
(7)
Such common land shall be restricted to open space, playfield, golf course, or conservation area and shall have suitable access to a street.
(8)
The manner of sewage disposal shall be approved in writing by the Board of Health.
I.
Home occupations.
(1)
The Board of Appeals, as a special permit granting authority, may issue a special permit for the use of a portion of a dwelling unit for a home occupation, provided that the following conditions are met:
(a)
The occupation or profession is carried out wholly within the principal building, or within a building or structure accessory to the principal building.
(b)
The occupation or profession occupies not more than 40% or 400 square feet, whichever of the two is the less, of the total net floor area of the dwelling unit and any building or other structures accessory thereto.
(c)
Not more than one person not a resident of the dwelling unit shall be employed in the home occupation.
(d)
There shall be no exterior display or storage of materials and no other exterior indication of the use of the premises for other than residential purposes except for an exterior sign, either stationary or portable, as may be permitted by Article X of this bylaw.
(e)
No offensive noise, heat, smoke, dust, odor, vapor, vibration or other deleterious side effects of such home occupation shall be produced.
(f)
Sufficient space shall be provided so that all parking is accommodated off-street.
(2)
In particular, a home occupation shall include, but is not necessarily limited to, the following:
(3)
A home occupation is specifically intended not to include the following uses:
J.
Temporary additional living quarters.
(1)
The Board of Appeals, as a special permit granting authority, may issue a special permit authorizing the conversion and use of a portion of a single-family dwelling into separate living quarters for a relative of the occupying owner or owners. Said permit shall be valid only for the occupancy of the premises by the person for whom it is issued; upon cessation of occupancy by such person, the permit shall lapse. If occupancy of the additional living quarters is then desired by another relative of the occupying owner or owners a new application for a special permit authorizing such occupancy shall be made. It is the intention of this provision that such additional living quarters shall not be used as an apartment for hire, but only as a convenience for a member of the owner's family, under special circumstances, and it shall not exceed 770 square feet in gross floor area. Temporary additional living quarters shall use entrances and exits common with the principal dwelling unit. Special permits for temporary additional living quarters expire at the departure of the person for whom the permit is issued or after five years, whichever comes first.
K.
Scientific research, development, production. The Board of Appeals, as a special permit granting authority, may issue a special permit for 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 related to production, provided there is a finding that the proposed accessory use does not substantially derogate from the public good.
L.
Trailers used for storage.
(1)
Residential. The Building Inspector may issue a temporary zoning permit authorizing temporary storage units. Such permit shall specify the number of units authorized and the period of time of such authorization.
(2)
Commercial/Industrial/Business. The Planning Board, as special permit granting authority, may issue a special permit authorizing the temporary storage of one or more unregistered trailers, shipping containers, mobile storage units or temporary structures. The permit application shall include a site plan drawing showing the proposed location and specify the number of storage units. The issued special permit shall state the period of time of such authorization.
M.
Extension or alteration of existing structures or uses. The Board of Appeals, as the special permit granting authority, may issue a special permit for the extension or alteration of an existing building, structure or use upon a specific finding by the Board that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood.
O.
Wind energy conversion facilities.
(1)
General requirements.
(a)
Documentation. The applicant shall submit evidence of control of the site and the clear areas and of the right to install and use the facility when applying for the special permit.
(b)
General regulatory compliance. The applicant shall also demonstrate that the tower meets all applicable local, state, and federal electrical, construction, noise, safety, environmental and communication requirements.
(c)
Monitoring. After the WECF is operational, the applicant shall submit annual reports to the Town covering data such as days of operation, periods of feathered inoperation, amount of energy produced and its distribution to local users or to the grid, and any signs of bird kill.
(d)
Maintenance. The owner shall maintain the WECF in good condition, including painting, structural integrity of the foundation and tower, security barriers, and any landscaping of the clear area.
(e)
Ownership. The owner shall notify the Town of any proposed change in ownership.
(f)
Closure.
[1]
If a WECF is scheduled to be discontinued, the owner shall notify the Town of the proposed date by certified mail. Without such notification or explanation of a period of inactivity, the WECF shall be considered to be discontinued if it does not operate for 180 days. If the operator does not report plans to restore the operation or to sell the facility, it shall physically remove the WECF and leave the site in a natural condition within 180 days. The SPGA may extend these periods at the request of the owner.
[2]
To ensure removal of a permanently closed facility and restoration of the site, the developer may be required to post a bond or other surety sufficient to remove the facility and restore the site in a condition satisfactory to the SPGA.
(g)
Filing requirements. These shall be as described below, with special permits normally limited to 25 years, subject to renewal by the SPGA.
(2)
Design standards for meteorological towers.
(a)
General. The applicant shall demonstrate that the siting and design of the facility and any proposed mitigations minimize any negative visual or aural impacts on nearby neighborhoods.
(b)
Allowed height: as required for effective research, subject to engineering data and approval by the SPGA and to any applicable Federal Aviation Administration (FAA) or Massachusetts Aeronautical Commission (MAC) requirements, and to documented clear area guy wire requirements.
(c)
Required setback or clear area: sufficient to accommodate the guy wires of the meteorological tower and to prevent a collapsed tower and equipment from crossing adjacent property lines, rights-of-way, or habitable space, including parking areas potentially holding occupied vehicles. This is equivalent to at least the height of the tower and any extended boom holding the instruments, and shall be to the satisfaction of the SPGA. Owner-occupied properties accommodating WECFs may remain in occupied uses at the option of the owner. However, the clear area setback requirements continue to apply within the rest of the defined clear area.
[The guy wires typically require a greater area that a monopole production tower, e.g., a one-hundred-thirty-one-foot tower would require a one-hundred-thirty-five-foot radius clear area, and a one-hundred-sixty-foot radius "guy diameter" according to the UMass Renewable Energy Research Laboratory.]
(d)
Lights. Warning lights must be installed according to documented FAA standards. Any other lighting shall shine down and be shielded to avoid lighting the sky or shining on abutting properties.
(e)
Co-location. Meteorological towers may be used to accommodate temporary telecommunications antennas when so doing would meet a public purpose, and subject to all applicable regulations. The requirements of such uses (e.g., to be below the instruments if needed to avoid interference) may be considered by the SPGA when considering the allowable height of a meteorological tower.
(3)
Design standards for production towers.
(a)
General. The applicant shall demonstrate that the siting and design of the facility and any proposed mitigations minimize any negative visual or aural impacts on nearby neighborhoods, or avian impacts.
(b)
Allowed height: as required for effective operations subject to engineering data and approval by the SPGA and subject to any applicable Federal Aviation Administration (FAA) or Massachusetts Aeronautical Commission (MAC) requirements and consistent with meeting clear area requirements.
(c)
Required setback or clear area: equivalent to the height of the tower and an extended rotor or other equipment, and sufficient to prevent a collapsed tower and extended rotor or other equipment from crossing adjacent property lines, rights-of-way, or habitable space, including parking areas potentially holding occupied vehicles, and to prevent damage from thrown ice as defined by an engineering study to the satisfaction of the SPGA. Owner-occupied properties accommodating WECFs may remain in occupied uses at the option of the owner. However, the clear area setback requirements continue to apply within the rest of the defined clear area.
(d)
Lighting. Warning lights must be installed according to documented FAA standards for lighting and marking. Other facility lighting shall shine down to avoid lighting the sky and shall be shielded so as to not spill over to abutting properties.
(e)
Colors. The tower and rotor shall be painted with a nonreflective paint that blends with the sky and clouds unless the SPGA finds that some other rotor color or pattern would better lessen any potential bird injuries.
(f)
Co-location. WECFs may be used to accommodate telecommunications antennas when so doing would reduce the need for multiple towers in the vicinity, and subject to all applicable regulations. The requirements of such uses (e.g., to be below the arc of the rotors if needed to avoid interference) may be considered by the SPGA when considering the allowable height of a WECF.
(g)
Antennas. Antennas shall be flush mounted where possible to be in keeping with the approved design of the tower.
(h)
Ancillary equipment. All equipment needed to operate and monitor the WECF or any telecommunications facility should be sited to avoid visual clutter within the tower if possible, in a underground vault, or in an adjacent separate structure.
(4)
Environmental standards.
(a)
Land clearing. WECFs and meteorological towers shall use previously developed sites when possible and shall restrict land clearing to that required for the facility and access drives.
(b)
Noise. The WECF and related equipment shall conform to the Massachusetts Noise Regulations at 310 CMR 7.10 as applied by a qualified sound engineer. [The UMass Renewable Energy Research Laboratory estimates that the policy typically keeps turbines three times hub height from residences or about twice the clear area required based on rotor tip height.]
(c)
Shadowing/flicker. WECFs and meteorological towers shall be sited to avoid significant shadow or flicker impacts on nearby residences or such impacts shall be mitigated where unavoidable.
(d)
Sites in wetlands or floodplains shall follow the prescribed procedures in this bylaw and the Wetlands Protection Act and related regulations.
(e)
Avian impacts. Applications shall indicate the chance of significant bird or bat impact according to a qualified wildlife biologist or comparable authority regarding migration patterns, location of important nesting or foraging areas for threatened or endangered species, or the availability of prey attracting many raptors.
(5)
Application filing requirements. These shall be as described below, with special permits normally limited to one year: The application for a WECF shall follow the procedures in Article VII, Special Permits, but with the inclusion of the following information:
(a)
Documentation of control over the site and the clear area, and of the right to install and use the facility when applying for the special permit.
(b)
A one inch equals 40 feet vicinity plan showing the following for the 300 feet around the (minimal 40,000 square feet, thirty-six-foot-diameter circle) proposed site, or the height of the proposed WECF plus 36 feet, whichever is greater:
[1]
All property lines.
[2]
All buildings, roads and ways.
[3]
Elevations and two-foot contours.
[4]
Proposed changes, including existing and proposed contours, land clearing and road construction.
[5]
Detailed representation of the proposed WECF showing all equipment, structures and other alterations and improvements.
[6]
Existing tree cover, including average heights, and proposed tree cover showing heights when planted.
[7]
Proposed security barriers, indicating their heights.
(c)
Two sightline representations showing the visibility of the structure from the closest habitable structures, public roads, or public spaces by superimposing the proposed facility on photographs from the same viewing points and noting the elevation of the viewing point.
(d)
A description of the materials to be used for all elements of the facility and the proposed colors shown on a color board.
(e)
A proposed landscape plan showing present trees and shrubs, and those proposed to be removed or added, identified by size/height at installation.
(f)
A statement of existing and projected maximum noise levels at the property line of the nearest habitable structures certified by a qualified engineer and stating that the projections are accurate and meet applicable local and state standards.
(g)
Indication of filed applications or pending applications to the FAA and New England Power Grid as applicable.
(h)
A summary of the findings of any required studies such as bird/bat impacts and noise impacts required above.
(i)
Evidence of bonding or other forms of surety sufficient for facility removal and site restoration in the case of permanent closure as defined in § 255-7.5.
Note: The SPGA (special permit granting authority) may waive part or all of the above requirements which it finds to be unnecessary to understand and evaluate the proposed facility and its setting. |