Ayer City Zoning Code

The Aquifer Protection Overlay District includes all land mapped as a designated Zone II area surrounding a public water supply well, and certified by the Massachusetts Department of Environmental Protection (DEP), and all Interim Wellhead Protection Areas. The Aquifer Protection Overlay District shall be shown on a map at a scale of one inch to 800 feet, to be entitled "Aquifer Protection Overlay District" dated April 1999, which shall be considered to be superimposed over other zoning districts and is part of the Official Zoning Map. This map, as it may be amended from time to time, shall be on file in the offices of the Town Clerk, Building Commissioner, and Planning Board and, with any explanatory material thereon, is hereby made a part of this bylaw.

District boundary disputes.

Permitted uses. The following uses are permitted within the Aquifer Protection Overlay District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:

Prohibited uses. The following uses are prohibited within the Aquifer Protection Overlay District:

Uses allowed by special permit. The following uses and activities are permitted only upon the issuance of a special permit by the Planning Board under such conditions as it may require:

General exemptions. The following uses and activities shall be exempted from the requirements of Subsection C above and may be located within an Aquifer Protection Overlay District without a special permit:

The Planning Board may grant a special permit under this § 320-8.1 only if it determines, in conjunction with the Board of Health, Conservation Commission, and Department of Public Works, that the intent of this section as well as its specific criteria are met. The Planning Board shall not grant a special permit unless the petitioner's application materials include, in the Planning Board's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The Planning Board shall document the basis for any departures from the recommendations of the other boards, departments, or commissions in its decision.

Upon receipt of the special permit application, the Planning Board shall transmit one copy to the Board of Health, Conservation Commission, and Department of Public Works. Failure to respond in writing within 35 days of receipt shall indicate no opposition. The necessary number of copies of the application shall be furnished by the applicant.

The Planning Board may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in Subsection 8.1.6, and any regulations or guidelines adopted by the Planning Board following consultation with the Board of Health. The proposed use must:

The Planning Board may adopt regulations to govern design features of projects. Such regulations shall be consistent with the Planning Board's Subdivision Regulations, where applicable.[2]

The applicant shall file a site plan and attachments in accordance with the rules and regulations of the Planning Board. The site plan and attachments shall at a minimum include the following information where pertinent:

The special permit public hearing, notification, and decision procedures in the Aquifer Protection Overlay District shall be in accordance with MGL c. 40A, § 9 and § 320-3.4 of this bylaw.

Containment of regulated substances. Leakproof trays under containers, floor curbing, or other contaminant systems to provide secondary liquid containment shall be installed. The containment shall be of adequate size to handle all spills, leaks, overflows, and precipitation until appropriate action can be taken. The specific design and selection of materials shall be sufficient to preclude any loss to the external environment. Containment systems shall be sheltered so that the intrusion of precipitation is effectively prevented. The owner/operator may choose to provide adequate and appropriate liquid collection methods rather than sheltering only after approval of the design by the permit granting authority. These requirements shall apply to all areas of use, production, and handling, to all storage areas, to loading and off-loading areas, and to both above-ground and underground storage areas.

Emergency plan. An emergency plan shall be prepared and filed along with the special permit application that indicates the procedures that will be followed in the event of the spillage of any hazardous material or waste so as to control and collect all such spilled material in such a manner to prevent it from reaching any storm or sanitary drains or the groundwater.

Inspection. Each day of operation, a responsible person designated by the permittee who stores, handles, uses, or produces any hazardous materials or waste shall check for breakage or leakage of any container holding such materials or waste. Electronic sensing devices may be employed as part of the inspection process, if approved by the permit granting authority and provided that the sensing system is also checked daily for malfunctions. The manner of daily inspection shall not necessarily require the actual physical inspection of each container, provided that the location of the containers can be inspected to a degree which reasonably assures the permit-granting authority that breakage or leakage can be detected by the inspection. Monitoring records shall be kept daily and made available to the permit granting authority on a quarterly basis.

Reporting of spills. Any spill shall be reported by telephone to the Fire Department within one hour of discovery of the spill. Clean-up shall commence immediately upon discovery of the spill. A full written report that includes a description of the steps taken to contain and clean up the spill shall be submitted to the Fire Department within 15 days of discovery of the spill.

Monitoring of regulated substances in groundwater monitoring wells. If required by the Planning Board, groundwater monitoring well(s) shall be provided at the expense of the permittee in a manner, number, and location approved by the Planning Board. Except for existing wells found by the Planning Board to be adequate for this provision, the required well(s) shall be installed by a water well contractor. Samples shall be analyzed and analytical reports that describe the quantity of any hazardous material or waste present in each monitoring well shall be prepared by a Massachusetts certified laboratory.

Expansions, alterations and modifications. The Planning Board shall be notified in writing prior to the expansion, alteration, or modification of a use or activity holding a special permit under this bylaw. Such expansion, alteration, or modification may result from increased square footage of production or storage capacity, or increased quantities of hazardous materials or wastes, or changes in types of materials or wastes beyond those square footages, quantities, and types upon which the permit was issued. The introduction of any new hazardous waste or material shall not prevent the revocation or revision of any existing special permit if, in the opinion of the Planning Board, such introduction substantially or materially modifies, alters, or affects the conditions upon which the existing special permit was granted or the ability to remain qualified as a general exemption under Subsection 8.1.4D above, if applicable, or to continue to satisfy any conditions that have been imposed as part of a special permit, if applicable.

Stormwater management performance standards. Land uses and developments within the Aquifer Protection Overlay District that require a special permit pursuant to Subsection 8.1.4 above shall conform to the following performance standards for stormwater management. These performance standards shall be considered as criteria for the issuance of a special permit.

Ensure public safety through reducing the threats to life and personal injury.

Eliminate new hazards to emergency response officials.

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

Eliminate costs associated with the response and cleanup of flooding conditions.

Reduce damage to public and private property resulting from flooding waters.

Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR);

Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than five acres within unnumbered A Zones.

In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the course of the base flood discharge.

In Zone AE, along watercourses that have a regulatory floodway designated on the Town's FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level for floodproofing, or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

Prohibited uses. All new construction and encroachments, including grading, filling, excavating, substantial improvements and other development, are prohibited unless:

Permitted uses. The following uses of low flood damage potential and no potential to obstruct flood flows shall be allowed, provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:

Uses allowed by special permit.

If the state issues variances to the flood-resistant standards as found in the State Building Code, the community will use this text for local adoption:

Variances to local zoning bylaws related to community compliance with the National Flood Insurance Program (NFIP).

The Town's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.

No application approval by the Zoning Board of Appeals shall be considered to supersede the requirements of MGL c. 131, § 40.

Any other bylaw or regulation to the contrary notwithstanding, no construction shall be permitted within the Floodplain Overlay District unless the Zoning Board of Appeals determines that all utilities are located, elevated and constructed so as to minimize or eliminate flood damage and that the methods of disposal for sewage, refuse and other wastes and for providing drainage are adequate to reduce flood hazards.

If a special permit is granted, the Zoning Board of Appeals shall impose such conditions and safeguards as public safety, welfare and convenience may require. Upon completion of any authorized work, an as-built plan, prepared by a registered professional engineer or a registered land surveyor, as appropriate to the data, of all improvements in the Floodplain Overlay District shall be submitted to the Building Commissioner and shall specify the elevation of the lowest floor, including basement, the elevation to and method by which any structure has been floodproofed and the finished grades of all disturbed areas.

Subdivision proposal.

Recreational vehicles.

Abrogation and greater restriction section.

Disclaimer of liability.

Severability section.

Enforcement.

Land owned by the Town of Ayer identified on Town of Ayer Assessor's Map 20, Parcel 22.

All land located within the Light Industrial or Industrial Districts; or

Land located within the A-1 Residential District bounded by Willow Road, Snakehill Road, Littleton Road and the railroad; and

Land within the Health Care Services District.

The following types of WCFs are exempt from the requirements of this § 320-8.3 but must comply with all other applicable requirements of this bylaw:

The following types of WCFs shall not require a special permit, but shall comply with all other requirements of this § 320-8.3 and shall require Planning Board site plan review under § 320-3.5:

General. A special permit application for a WCF shall be filed on the form available from the Board of Appeals. Site plan approval by the Planning Board is also required for all co-locations and all mounted WCFs.

Minimum submission requirements. The special permit application shall contain, at minimum, the following information prepared by one or more professional engineers:

Procedures. The public hearing, notification, and decision requirements of MGL c. 40A, § 9 and § 11 and § 320-3.4 of this bylaw shall apply to special permits in the Wireless Communication Services Overlay District.

Decision.

All WCFs shall be co-located, to the maximum extent practicable and technologically feasible, with one or more WCFs for which a special permit has been previously granted and whose height, location and characteristics meet the needs of the proposed new WCF. The applicant shall demonstrate to the Board of Appeals that it has made a reasonable effort to co-locate the proposed WCF upon an existing structure or WCF.

All new wireless communication monopoles or support structures shall be designed and constructed, to the maximum extent practicable with existing technology and with height limits set forth in this chapter, for co-location of antennas and other necessary facilities for at least three other wireless communication providers, and shall offer space to all other providers at market rates. Any special permit granted for a new WCF under this § 320-8.3 shall be conditioned upon the written agreement of the WCF operator to allow the co-location of at least three other wireless communication providers on commercially reasonable terms. If co-location facilities are not installed at the time of construction of the WCF, then, at the time of any addition of a co-located facility, the holder of the special permit and the new provider shall notify the Board of Appeals and the Building Commissioner that the installation has occurred and certify that the installation has been performed in accordance with the special permit for the WCF.

No WCF shall contain more than one monopole, tower or other structure for elevating an antenna or dish. No more than one WCF, except co-locators, shall be constructed on one lot. In no event shall any WCF be located closer than one mile to any other such WCF, unless the applicant can show that no existing space on the existing WCF can be leased or procured.

Towers with one telecommunication provider shall be limited to 140 feet. Towers with co-located facilities shall be allowed an additional 20 feet for each additional provider, up to a maximum of 190 feet. These height limits shall not apply to towers for government telecommunications.

In a residential district, no tower shall be erected nearer to any property line than a distance equal to 110% the vertical height of the tower, excluding satellite dishes and/or antennas attached to existing structures, measured at the mean finished grade of the facility base. The Board of Appeals may allow a reduced setback if such reduction provides adequate safety and aesthetics, and the manufacturer or qualified licensed designer certifies that the tower is designed to collapse on itself in the event of failure.

Setback from designated wetlands, water bodies and areas with a slope in excess of 5% shall be at least 150 feet or 110% of the height of the tower, whichever is greater. Conservation Commission review and approval may be necessary.

Siting shall be such that the view of the facility from adjacent abutters, residential neighbors, and other areas of Town shall be as limited as possible. Generally, towers shall be a galvanized, corten, or equal, or nonrusting finish unless otherwise required by the FAA. Towers may be required to be painted, when appropriate, to blend in with the landscape.

As a condition for any special permit for the placement, construction or modification of a WCF, the applicant shall provide a bond, in a form acceptable to the Planning Board, or shall place into escrow a sum of money sufficient to cover the costs of removing the WCF from the subject property and, furthermore, said funds shall be held by the Town Treasurer/Tax Collector or an independent escrow agent to be appointed by the carrier and the Planning Board. The amount of the surety shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. The applicant shall authorize and, as necessary, shall provide the authorization of the owner of the property to allow the Town or the escrow agent to enter upon the subject property to remove the WCF when the WCF has been abandoned or discontinued.

The special permit shall further state that, in the event the amount of surety is insufficient to cover the costs of removal, the Town may place a lien upon the property to cover the difference in cost.

The applicant shall provide to the Planning Board a contact for emergencies, and said contact person and phone number and the owner of the WCF and phone number shall be posted on the fence surrounding the WCF.

No new WCF shall be placed or constructed that uses a lattice-type construction which requires three or more legs or guy wire supports or both.

Visibility, lighting, and screening.

There shall be no signs except a sign identifying the facility, the owner and operator and an emergency telephone number where the owner can be reached on a twenty-four-hour basis; a "no trespassing" sign; a sign displaying the FCC registration number; and any signs required to warn of danger. All signs shall comply with the requirements of § 320-9.5 of this bylaw.

The related unmanned equipment and/or building, per carrier, shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height.

There shall be a minimum of one parking space for each WCF, to be used in connection with the maintenance of the site, and not to be used for the permanent storage of vehicles or other equipment.

Every WCF shall be protected against unauthorized climbing or other access by the public. The fencing shall be compatible with the scenic character of the Town and shall not be constructed of barbed wire or razor wire.

No hazardous waste shall be discharged on the site of any WCF. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.

Ground-mounted equipment for a WCF shall not generate noise in such concentrations and of such duration as to:

Safety inspections. A qualified independent structural engineer shall perform a structural safety inspection of the WCF at least every two years and shall deliver a copy of said reports to the Building Commissioner on July 1. All structural safety deficiencies noted in any such report shall be remedied and the Building Commissioner notified by the structural engineer within 60 days of the date of the report.

RFR measurement. After the WCF is operational, the applicant shall submit to the Board of Appeals and Building Commissioner, within 90 days of beginning operations, and at annual intervals, existing measurements of RFR from the WCF. All annual reports shall be due July 1 of each year. Such measurements shall be performed by an independent consultant and shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC regulations. Testing shall be done for all freestanding facilities and all mounted facilities. The RFR shall not exceed FCC regulations.

Noise measurement. After the WCF is operational, the applicant shall submit to the Board of Appeals and the Building Commissioner, within 90 days of beginning of operations, and at annual intervals, existing measurements of noise from the WCF. All annual reports shall be due July 1 of each year. Such measurements shall be performed by an independent consultant and shall be signed by an acoustical engineer, stating that noise measurements are accurate. Testing shall be done for all freestanding facilities and all mounted facilities.

Abandonment or discontinuance. A WCF shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was constructed for a period of one year or more. Once abandonment or discontinuance has occurred, the applicant shall remove the WCF from the subject property within 90 days. In the event that the applicant fails to remove the WCF, the Town shall give notice to the applicant and, if appropriate, the independent escrow agent that the WCF shall be removed forthwith and the Town or the escrow agent, after affording written notice seven days in advance to the applicant, shall remove the WCF.

No adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater, adult mini-motion-picture theater, or adult live entertainment establishment shall be located less than 1,000 feet from a residential zoning district, school, library, church or other religious use, child-care facility, park, playground, or another adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater, or adult live entertainment establishment. The 1,000-foot distance shall be measured from all property lines of the proposed adult use.

No pictures, publications, videotapes, movies, covers, or other implements, items, or advertising that falls within the definition of adult bookstore, adult video store, adult paraphernalia store, adult motion-picture or mini-motion-picture theater, or adult live entertainment establishment merchandise or is erotic, prurient, or related to violence, sadism, or sexual exploitation shall be displayed in the windows of or on the building of any adult bookstore, adult video store, adult paraphernalia store or adult motion-picture theater, or be visible to the public from the pedestrian sidewalks or walkways or from other areas, public or semi-public, outside such establishments.

No special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63 or MGL c. 272, § 28.

Signs for adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater and adult live entertainment establishments shall conform to the requirements of § 320-9.5 for the General Business District.

Any special permit granted under this § 320-8.4 shall lapse within two years of the date of the grant, not including the time required to pursue or await the termination of an appeal referred to in MGL c. 40A, § 17, if substantial use thereof has not sooner commenced except for good cause, or in the case of permit for construction, if construction has not begun within two years of the date of grant, except for good cause.

Municipal solar energy systems. Notwithstanding the solar energy use provisions found in Subsection 8.5.5 above, solar energy systems, whether ground-mounted or roof-mounted, of any scale, may be installed as of right on municipally owned or leased property in all zoning districts. Ground-mounted solar energy systems on municipally owned or leased land require site plan review. The same dimensional, design and general requirements that apply to privately installed and operated solar energy systems shall apply to solar energy systems installed on municipally owned property.

General requirements for all solar energy systems. The following requirements are common to all solar energy systems:

Roof-mounted solar energy systems.

Small- and medium-scale ground-mounted systems.

Large-scale ground-mounted systems.

After public notice and public hearing, the Ayer Planning Board may promulgate regulations to achieve the purposes and assist in the implementation of this bylaw. Such regulations will be added to Ayer's Rules and Regulations for Site Plan Review.

Failure to promulgate such regulations, or the invalidation by a court of law of one or more of such regulations, shall not act to suspend or invalidate any provision of this bylaw.

Applicants for medium- and large-scale ground-mounted solar energy systems requiring a special permit pursuant to Subsection 8.5.5 of this bylaw shall adhere to the special permit criteria and procedures found in § 320-3.4 of the Ayer Zoning Bylaws and the requirements for site plans as referenced in Subsection 8.5.10 above.

Expiration. A special permit issued pursuant to this bylaw shall expire if: i) the solar energy system is not installed and functioning within 24 months from the date the permit is issued; or ii) the solar energy system is abandoned. The Ayer 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.

Facility conditions. The medium-scale or large-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.

Operation and maintenance plan. The project applicant shall submit a plan for the operation and maintenance of the large-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.

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 bylaw.

Removal requirements. Any medium-scale or large-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 150 days 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:

Abandonment.

Financial surety.

General. Marijuana establishments must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the building. No outside storage of marijuana, related supplies, or educational materials is permitted. Marijuana establishments are not permitted as a home occupation. Site plan review is required for all marijuana establishments, including when the facility will reuse an existing structure.

Buffers and location standards.

Signage. All business signage shall be subject to the requirements of the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and the requirements of the Ayer Zoning Bylaw.

Ventilation/Odor. All marijuana establishments shall install odor-control technology, as necessary, in order to control ventilation at the establishment in such a manner that no odor from marijuana cultivation, its processing or the manufacturing of products can be detected by a person with an unimpaired and otherwise normal sense of smell, to be determined by the Building Commissioner or their designee, at the exterior of the medical marijuana treatment center or marijuana establishment or at any adjoining use or property. All marijuana establishments shall additionally comply with the emissions standards found in § 320-9.4A, Environmental performance standards, of the Ayer Zoning Bylaw.

Security.

Hours. Marijuana retailers shall be open and/or operating to the public only between the hours of 8:00 a.m. and 8:00 p.m., unless otherwise determined with the Select Board in the Host Community Agreement.

Visual impact. Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana establishment is located, and marijuana establishments shall comply with the requirements of 935 CMR 500 with respect to visibility of marijuana and marijuana products.

Permitting. All marijuana establishments shall meet all of the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and operate in compliance with all applicable state laws and regulations.

Private clubs. Clubs, lodges, or other private grounds (nonprofit and private) allowing on-site consumption of marijuana or marijuana products as a principal or accessory use, but not operating as a licensed marijuana social consumption facility, are prohibited.

Conversion. The conversion of a medical marijuana treatment center that is engaged in the cultivation, manufacture or sale of marijuana or marijuana products in Ayer to a marijuana establishment for adult use (also known as "recreational use") engaged in the same type of activity shall require a special permit.

Nuisance. Marijuana establishments shall be managed in a manner to protect against nuisance conditions in parking areas, sidewalks, streets, and areas surrounding the premises and at adjacent properties. "Nuisance" includes, but is not limited to, disturbances of the peace, open public consumption of cannabis, pedestrian or vehicular queuing that results in obstruction of sidewalks or public ways, littering, loitering, illegal parking, loud noises, citations for violations of state or local traffic laws and regulations.

Limitations on marijuana retailers. There shall be no more than one non-medical "marijuana retailer" as defined in MGL c. 94G, § 1 as "an entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers."

All marijuana establishments, with the exception of medical marijuana treatment centers, are prohibited from delivering cannabis or marijuana products to consumers. No marijuana establishment shall offer marijuana or marijuana products for consumption on the premises of any marijuana establishment.

Annual inspection. Any operating marijuana establishment within the Town shall be inspected annually by the Building Commissioner, the Fire Chief, the Police Department, or their designee(s), to ensure compliance with this section and with any conditions imposed by the SPGA as a condition of the special permit approval.

A marijuana establishment may be allowed in locations set forth in Subsection 8.6.3 above by special permit from the Planning Board (the "SPGA") in accordance with MGL c. 40A, § 9, subject to the procedures, regulations, requirements, conditions and limitations set forth herein. Only an applicant who has obtained a provisional license or provisional certificate of registration from the Cannabis Control Commission issued pursuant to MGL c. 94G and 935 CMR 500 et seq., or MGL c. 94I and 935 CMR 501 et seq., is eligible to apply for a site plan and/or special permit pursuant to this section.

Applicants for a special permit pursuant to this section are strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed application for a new marijuana establishment and to discuss in general terms of the proposed marijuana establishment prior to the formal submission of an application.

In addition to the standard special permit application form and the submittal requirements for site plan applications as listed in § 320-3.5, Site plan review, of the Zoning Bylaw, an applicant for a special permit under this section shall also submit the following:

Upon the filing of the special permit application with the SPGA, the applicant shall simultaneously deliver copies of the full application to the Select Board, the Building Commissioner, the Board of Health, the Police Department and the Fire Department.

The marijuana establishment is fully permitted by all applicable agencies within the Commonwealth of Massachusetts and is in compliance with all state laws and regulations; provided, however, that issuance of a valid license pursuant to MGL c. 94G or certificate of registration pursuant to MGL c. 94I may be a condition of the special permit.

The proposed use is designed to minimize any adverse impacts on the residents of the Town.

For a retail marijuana establishment, there shall be a secure indoor area for all customers.

The marijuana establishment adequately addresses issues of vehicular and pedestrian traffic, circulation and parking, especially during peak periods at the facility, and adequately mitigates the impacts of vehicular and pedestrian traffic on neighboring uses.

In addition to compliance with MGL c. 94G, and 935 CMR 500 and MGL c. 94I and 935 CMR 501, the SPGA may impose reasonable conditions to improve site design, traffic flow, public safety, water quality, air quality, protection of significant environmental resources and the preservation of community character of the surrounding area, including, without limitation, the following:

The SPGA shall include conditions concerning the following in any special permit granted pursuant to this article:

The issuance of a special permit pursuant to this section shall also be subject to the following:

Provide for multifamily housing development or mixed-use development in accordance with MGL c. 40A, § 3A, and the Compliance Guidelines for Multi-family Zoning Districts Under Section 3A of the Zoning Act (the Guidelines) issued by the Executive Office of Housing and Livable Communities (EOHLC);

Encourage the production of a variety of housing sizes and types to provide access to new housing for people with a variety of needs and income levels; and

Increase the tax base through private investment in new housing development.

Development of land within the MOD may be undertaken subject to the requirements of this § 320-8.7 or by complying with all applicable requirements of the underlying district. Developments proceeding under this § 320-8.7 shall be governed solely by the provisions herein and the standards or procedures of the underlying districts shall not apply. Where the MOD provides for uses and dimensional controls not otherwise allowed in the underlying district and/or applicable overlay districts, the provisions of the MOD shall control. Uses and dimensional controls of the MOD are not subject to any special permit requirements of the underlying district and/or applicable overlay districts.

The MOD contains the following sub-districts, all of which are shown on the Multifamily Overlay District map:

Subdistrict 1/West Ayer Village FBC.

Subdistrict 2/Downtown/Park Street FBC.

Multifamily housing. For purposes of this § 320-8.7, multifamily housing includes a building with three or more residential dwelling units containing housing suitable for families as defined in the EOHLC Guidelines or two or more buildings on the same lot with more than one residential dwelling unit in each building.

Accessory uses.

Reference to the Building Development Standards located in §§ 320-10.4 and 320-10.5.

In any development of five or more units in the MOD, at least 10% of the units shall be affordable housing units. If, when applying the percentage to the total number of units to determine the number of affordable units, the number of affordable dwelling units results in a fraction, the number shall be rounded down to the nearest whole number.

All affordable units in the MOD shall be on-site units. Other methods of providing affordable units under § 320-10.3.3C(2) and (3) shall not apply in the MOD.

In the MOD, off-street parking shall comply with § 320-9.1 except as provided in this § 320-8.7. Section 320-9.1.4B shall not require a special permit.

For multifamily development in the MOD, there shall be at least 1.0 parking spaces per unit.

Where practicable, surface parking shall be located to the rear or side of the principal building and shall not be located within the minimum setback between the building and any lot line adjacent to the street or internal access drive. No surface parking shall be located between the front building line of a residential building and the front lot line.

Where practicable, structured parking in a separate parking garage shall be located at least 20 feet behind the front building line of the multifamily dwellings on the lot.

No special permits will be required for § 320-8.1, Aquifer Protection Overlay District; § 320-8.2, Floodplain Overlay District within the MOD Overlay District.

The applicant will still be subject to the requirements and regulations set forth within §§ 320-8.1 and 320-8.2.

Connectivity. To the maximum extent possible, Developments shall provide accessible walkways connecting building entrances to building entrances, buildings to streets, and buildings to sidewalks and adjacent public features, such as parks and playgrounds, with minimal interruption by driveways.

Parking lot aisles and access and interior driveways shall not count as walkways. The Board may require benches, waiting areas, bicycle racks, stroller bays, and other sheltered spaces near building entrances.

To the maximum extent possible, walkways should have some degree of shelter achieved through the use of building fronts, trees, low hedges, arcades, trellised walks, or other means to delimit the pedestrian space.

Site landscaping shall not block a driver's view of oncoming traffic. No fence, wall, sign, landscaping, or plantings shall be placed within the clear sight triangle so as to obstruct visibility at any internal intersection, or any intersection with a public or private way. The clear sight triangle is that formed by the intersecting ways or drives and a straight line joining said lines at a point 20 feet distant from the point of intersection.

Vehicular access. Where feasible, curb cuts shall be minimized. While common driveways providing access from a public way are not permitted, they are encouraged to serve units within the development.

All uses in the MOD shall be subject to MOD development plan approval under this § 320-8.7 to the maximum extent possible. No provision of § 320-8.7 shall allow a denial or unreasonable conditioning of a multifamily use.

Application procedures. Application for development plan approval under this § 320-8.7 shall be filed with the Town Clerk. The filing shall include all required forms and submission requirements in the Planning Board's Multifamily Overlay District Rules and Regulations. A copy of the application, including the date and time of filing, as well as the required number of copies of the application, shall be filed forthwith by the applicant with the Planning Board.

Upon receipt by the Board, applications shall be distributed to the Building Commissioner, Fire Chief, Police Chief, Health Department, Conservation Commission, Community and Economic Development, Select Board, and the Department of Public Works. Any reports from these reviewing parties shall be submitted to the Board within 35 days of filing of the Application. The Planning Board or its designee shall forward to the Applicant copies of all comments and recommendations received to date from other boards, commissions, or departments.

Public hearing. Within 45 days of receipt of an application under this § 320-8.7, the Planning Board shall open a public hearing and review all applications in accordance with MGL c. 40A, § 11.

No later than 90 days from the date the application was received by the Town Clerk, the Board shall approve the plan with any reasonable conditions it deems appropriate to ensure compliance with the requirements of this § 320-8.7 and other applicable sections of the Zoning Bylaw and file its written decision with the Town Clerk. The decision shall be by majority vote. The time limit for public hearings and taking of action by the Board may be extended by written agreement between the applicant and the Planning Board. A copy of the agreement shall be filed with the Town Clerk.

A copy of the decision shall be mailed to the owner and to the applicant, if other than the owner. A notice of the decision shall be sent to the parties in interest and to persons who requested a notice at the public hearing.

MOD development plan approval shall remain valid and shall run with the land indefinitely provided that construction has commenced within three years after the Board issues the decision, excluding time required to adjudicate any appeal from the Board's decision. The time for commencing construction shall also be extended if the Applicant is actively pursuing other required permits for the project, or if there is good cause for the applicant's failure to commence construction, or as may be provided in an approval for a multi-phase development under this § 320-8.7.

Design guidelines. The Board may adopt design guidelines for development in the Multifamily Overlay District and shall file a copy with the Town Clerk. The design guidelines shall be advisory, not mandatory. In the event of any conflict between § 320-8.7, and the Design Guidelines, § 320-8.7 shall control.