Barre City Zoning Code

Single detached one-family dwelling.

Municipal, educational, religious or other nonprofit institutional use.

Farm, provided that no barn or stable sheltering animals on such farm be closer than 100 feet from property line, orchard, greenhouse, tree nursery, truck garden or wood lot. May include sale of agricultural or horticultural products primarily raised on the premises. One or more signs with an aggregate total maximum area of 32 square feet may be displayed during seasons when such products are for sale.

Accessory uses, including the following, provided that they are customarily incidental to a permitted main use on the same premises and not detrimental to a residential neighborhood. Except as indicated, there shall be no exterior indication of the accessory use and no exterior display of merchandise. No more than two persons not residents on the premises are to be employed. One sign, not over four feet square in area, may be displayed.

Two-family dwellings, with the exception that in the Residence Districts R-20 and R-15, the same must be serviced by Town water and sewer.

One travel/camping type trailer for storage purposes and not to be used as the principal residence on said property.

Animals or birds as customary household pets may be kept in all districts.

Livestock and poultry kept for the pleasure of residents are permitted in R-80 Districts provided livestock do not exceed four adult animals and poultry do not exceed 20 in number, if such livestock are quartered a minimum of 50 feet from all property lines, and such quarters provided for keeping of such livestock are maintained at least 100 feet from any dwellings on adjacent property.

Cemetery, golf course, riding stable, boat livery or camp for children or adults (in R-80 District only).

Nursing home, sanitarium, orphanage or similar use.

Dog kennel or veterinary hospital (in R-80 District only).

Private school or college, kindergarten, trade or professional school.

Telephone exchange, hydro power facility, railroad or bus station.

Commercial raising of swine, goats or fur-bearing animals or commercial slaughterhouses (in R-80 District only).

Private club not conducted for profit.

Golf club, hunting or fishing area or other extensive outdoor recreation use, whether or not conducted for profit. May include commercial recreational area for camping, tents, cabins or cottages, for seasonal or part-time occupancy only. Under these provisions, such sites, facilities or buildings as are used or occupied for limited periods for recreational purposes shall not be subject to the lot area and yard requirements which pertain to residence districts. No recreational unit, building or site may be occupied, whether on a temporary or permanent basis, during the period from December 1, in any year, to April 1, of the following year, except for supervisory or maintenance personnel, provided that prior approval for any such occupancy has been obtained from the Board of Health. Commercial uses shall be strictly limited to meet the needs of persons using the land for camping purposes. Use of land for such recreational uses shall be subject to the granting of an appropriate license by the Board of Health under the provisions of MGL c. 140, §§ 32A to 32E. Before the issuance of a permit, a site plan showing all the camping or tenting areas, buildings, water supply and sanitary facilities shall be presented.

Removal of gravel, loam, sand or rock for commercial purposes (in R-80 District only).

Conversion of a one-family dwelling, existing at the time of the adoption of this bylaw, into a two-family dwelling, provided that the lot is at least 20,000 square feet in area and that all sewage disposal and yard requirements can be met.

Antique or gift shop or small specialty retail business or retail sale of products of home occupation, provided items for sale are not displayed outdoors. Any limitations or conditions may be included in the special permit as required to maintain the character of the neighborhood.

Undertaker, provided that lot is at least 20,000 square feet in area and that adequate off-street parking can be provided.

Mobile homes not situated in mobile home parks shall be allowed to be placed upon the property only under the following circumstances:

Apartment houses with adequate off-street parking facilities (but not permissible in R-80 District).

Single detached two-family dwellings (in R-80 District only).

Sawmill operations and accessory uses (in R-80 District only).

As an accessory use, animals, birds, livestock or poultry in greater numbers than as provided for in § 140-7A(8) above in the R-80 District or other residential districts may be allowed.

Wind-powered generators.

Studio/or galleries for the instruction and practice of visual arts, photography, sewing, ceramics, knitting, jewelry making, and other similar arts and crafts related use and practice of musical instruments and voice lessons provided that such and all work is not detrimental to the neighborhood causing noise or undue commotion only in R-15 Districts.

Any use permitted, or allowed by special permit, under § 140-7A and B, except those listed at § 140-7B(3), (6), (9), (10), (13) and (18).

Financial, medical, professional or business office.

Retail business, consumer service, newspaper or job printer. A maximum of four employees may be engaged in repair or service work (except automotive, vehicular or large farm equipment maintenance) or in making articles to be sold at retail, on the premises only.

Hotel, motel or restaurant.

Signs or other advertising devices indicating the name of the firm or goods or services available on the premises, provided such signs or devices are located flat against a wall of the principal building and do not exceed two square feet in total combined area per linear foot of building frontage along the highway. One sign indicating the name of the firm, and marquee which is an integral part of the building. Total sign area may not exceed 100 square feet without approval of the Zoning Board of Appeals.

One sign or other advertising device of a freestanding nature indicating the name of the firm or goods or services available on the premises, provided that such sign or device is located at least 10 feet from the highway and does not exceed 25 square feet in total area per business establishment.

Automobile service or gasoline station, sales establishment or repair garage.

Service of sales establishment for farm machinery or other heavy equipment.

Contractor's yard or similar use. Adequate screening from public ways will be required for such uses.

Sale or storage of feed, fuel, lumber or building supplies. Adequate screening from public ways will be required for such uses.

Place of amusement or assembly or club conducted for profit.

Trucking depot or warehouse.

Dog kennel or veterinary hospital.

Wind-powered generators.

Any use permitted, or allowed by special permit, under § 140-8A and B, except those listed at § 140-7B(3), (6), (9), (13) and (18), and § 140-8B(5).

Any lawful sales, manufacturing or industrial use including processing, fabrication, assembly or storage, except those listed in § 140-10B below.

General office use.

Wholesale establishment.

Signs or other advertising devices as permitted under § 140-8A.

A car wash and directly related activities.

Activities conducted for scientific research or development or related scientific production.

Light manufacturing or processing activity where the major portion of the product is to be sold to the consumer on the premises.

Junkyard or outdoor storage of more than one unregistered automobile or truck, provided they are not visible from the public way.

Place of amusement or assembly or club conducted for profit.

Dog kennel or veterinary hospital.

The rental of individual storage units.

Wind-powered generators.

Any use permitted, or allowed by special permit, under § 140-9A and B, except those listed at § 140-7B(3), (6), (9), (13) and (18), and § 140-8B(5).

Any lawful sales, manufacturing or industrial use, including processing, fabrication, assembly or storage, except those listed in Subsection B below.

One or two signs or displays advertising the name of the firm or goods or services available or produced on the premises and not exceeding 200 square feet in total combined area, provided such signs are not within 50 feet of the highway. The top of any sign may be no higher than the height of the building with which it is associated.

One or two signs or displays advertising the name of the firm or goods or services available or produced on the premises and not exceeding 40 square feet in total combined area, provided that such sign or display is located at least 15 feet from the street.

Industrial use where the product or process constitutes an explosion or fire hazard of sufficient magnitude to be subject to regulation (excluding regulations on power transmission, steam or electrical) by any statute of the Commonwealth of Massachusetts or the federal government dealing specifically with such hazard and such product or process.

Industrial use where the product or process constitutes a chemical poison hazard of sufficient magnitude to be subject to regulation by any statute of the Commonwealth of Massachusetts or the federal government dealing specifically with such hazard and such product or process.

Dog kennel or veterinary hospital.

Wind-powered generators.

The purpose of this bylaw is to regulate the development of solar energy facilities by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such facilities. The prime purpose shall be to protect the public health, safety, and welfare. In considering a proposed facility, the Planning Board shall minimize impacts on scenic views, agricultural, natural and historic resources of Barre. In the event a facility is approved, a further purpose of this bylaw is to provide adequate financial assurance for the timely decommissioning and removal of such facilities, including the restoration of the site.

The Planning Board shall be the Special Permit Granting Authority for those installations that require a special permit. The Planning Board shall consider all effects that the proposed facility may have upon the site, the neighborhood and the community as a whole. In the event the proposed site is presently in agricultural use, the continued agricultural use shall be encouraged. The Planning Board may recommend that the facility be located on other portions of the site where the soil does not have prime agricultural use potential.

The initial term of any special permit will be 20 years, or such other time as determined by the Planning Board. The permit may be extended for up to two five-year terms. Any further extension shall require a new application.

It is strongly recommended that proposals not select locations that would result in significant loss of land and natural resources such as farm and forest land. Preference is that rooftop siting(s) and locations in industrial or commercial districts be used. As an alternative vacant, previously disturbed land should be considered. Placement of facilities in front yards will not be permitted without specific approval of the Planning Board. For agricultural facilities rooftops are preferable. In the event an agricultural facility does not have adequate roof space, nonproductive, nonarable land should be selected.

Commercial large-scale ground-mounted solar photovoltaic facilities that are proposed for agricultural lands in areas zoned R-80 shall have a minimum overall lot size of 800,000 square feet and no more than 60% of this area may be used for the solar facility. The maximum size of a single solar facility shall be five megawatts DC. The lot must be contiguous. Minimum road frontage for the applicable zoning classification shall be required. Access to solar facility shall be limited to one driveway unless site layout requires a second driveway and the Planning Board approves. The solar facility shall be the sole use on the proposed lot with sole use of the applicable driveway. An existing right-of-way, whether in use or not, may not be used as the new access. No below-grade foundation(s) or structures shall be used without the specific approval of the Planning Board. No material, including topsoil, may be removed from the site without prior specific approval of the Planning Board.

All solar energy facilities shall be positioned to provide a visual buffer in order to reduce the visual impact the facility has upon all abutting properties in residential use, whether occupied or not, or potentially in residential use, or which have a view of the proposed project, including houses across a street. In addition, a visual buffer shall be provided for roadways which have a view of the proposed project. Note: Additional conditions for visual impact mitigation apply to commercial large-scale ground-mounted solar photovoltaic facilities located on agricultural land in areas zoned R-80.

The applicant shall incorporate methods to eliminate or minimize the visual impact of the solar facility such as earthen berms, vegetation and fencing/screening or reducing the height of facility components. The retention of existing natural growth is encouraged. The applicant shall indicate any existing vegetation the applicant plans to remove or alter. The required visual buffer will be determined on a case-by-case basis and site-specific at the sole discretion of the Planning Board. The documents submitted pursuant to Subsection F(3) below will be used but will not be the only source of information used by the Planning Board regarding this matter.

Commercial large-scale ground-mounted solar photovoltaic facilities located on agricultural land in areas zones R-80 shall not be visible from any roadway or from any residential abutters.

Commercial large-scale ground-mounted solar photovoltaic facilities located on agricultural land in areas zones R-80 shall not be located along or be visible from a scenic highway.

Commercial large-scale ground-mounted solar photovoltaic facilities located on agricultural land in areas zones R-80 shall be evaluated in accordance with dual use agriculture/energy guidelines as described in Massachusetts Department of Agricultural Resources regulations.

Solar energy facilities shall not be located within 1/4 mile of the Town Commons of the Town of Barre, South Barre, or Barre Plains.

Solar energy facilities shall not be located on unfragmented open land as identified as a priority for protection in the Town's Open Space and Recreation Plan, Master Plan or the Community Development Plan.

Solar energy facilities shall not be located on agricultural land with soils designed as prime or of statewide significance by the U.S. Natural Resource Conservation Service Soil Surveys.

Solar energy facilities shall not be located in areas that contain rare, threatened, or endangered species or exemplary natural communities according to the Massachusetts BioMap Project developed by the Massachusetts Natural Heritage & Endangered Species Program and the Massachusetts Department of Environmental Protection (DEP).

Solar energy facilities shall not be located in areas that contain unique natural, culture, and/or historical features as intended in the Master Plan or Community Development Plan.

Property lines and physical features, including roads and topographical contour lines for the project site. Also the applicant shall indicate the location of existing, proposed or potential agricultural uses.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures. A planting plan where a visual buffer is required shall be presented.

Views of the site from all off-site abutting properties (and where the site is abutting a street, from the street) indicating what will be seen, prior to construction, immediately after construction is completed with no plantings in place, after construction with all plantings in place and at two, five and 10 years after construction with all plantings still in place (indicating normal anticipated growth). The view may be a sketch or computer-generated from photographs or drawings. The views should indicate both existing conditions and proposed modifications with particular attention as to how each modification is intended to reduce the visual impact of the proposed facility. The Planning Board may request additional views. Note: Commercial large-scale ground-mounted solar photovoltaic facilities located on agricultural land in areas zoned R-80 must meet alternate requirements for visual impact as specified in Subsection E, Visual impact, Parts (1) through (6).

In addition to the abutter notification requirements for special permits as contained in Subsection G, the applicant for a commercial large-scale ground-mounted solar photovoltaic facility shall notify all property owners located within 1/2 mile of the boundaries of the property on which the solar facility will be located. This notification shall include a description of the project, a site plan showing the location of the solar facility and any additional information that the Planning Board determines. Then notification shall be mailed via certified mail with a return receipt. Any comments received from local property owners shall be included in the permit application. The property owner shall erect a sign beside the major frontage road within 30 days of submitting an application for a special permit for the solar facility. The sign shall state the name of the solar contractor, the size in acres of the solar facility, and the total megawatt output of the facility. The sign shall include a site plan showing the location and extent of the solar facility and all nearby roads and highways. The sign lettering shall be of sufficient size to be read by someone driving along the road.

The Planning Board may require, as a part of the review, on-site visits by the Planning Board during the application process. In addition the Planning Board may require on-site visits during the construction phase and from time to time, as determined by the Planning Board, following the date of completion. In the event the Planning Board receives a signed written complaint, the Planning Board will notify the applicant, owner and operator and schedule an on-site visit to resolve the matter. The purpose of such visits to be to confirm that the visual impact of the project has been minimized. In the event that the Planning Board finds that further steps are required to minimize the visual impact, the applicant, owner and/or operator shall take such steps as are required by the Planning Board, including replacing dead or unhealthy vegetation.

All applicants shall submit to the Planning Board the following plans and documents that fully describe the nature of the proposed solar energy system.

Fees: The applicant shall pay the special permit and site plan review fee as set forth in the Planning Board Fee Schedule at the time of submission of the application. In addition, all engineering fees, legal fees, publication fees, etc., incurred by the Planning Board during the application process and site plan review shall be paid for by the applicant, in full, prior to issuance of any permit.

Operation and maintenance plan: The applicant shall submit a plan for the operation and maintenance of the solar facility, which shall include measures for maintaining safe access, stormwater controls, and general procedures for operating and maintaining the facility.

Utility notification: The applicant shall submit evidence that the utility company has been informed of applicant's intent to install a solar energy facility and that the utility company has favorably responded, in writing, to the notice. Off-grid systems are exempt from this requirement.

Locations of wetlands, floodplains, and priority habitats as described by the Massachusetts Natural Heritage & Endangered Species Program, and the Massachusetts DEP.

A written description including manufacturer's documentation of all major system components to be installed, including photovoltaic panels, inverters, transformers, mounting systems, etc.

The height of any structure associated with the solar facility shall be approved by the Planning Board.

Procedures: The applicant shall submit five copies of the required plans and documents. The applicant shall also submit the required fee(s).

Approval of the site plan based on a determination that the proposed project will constitute a suitable development. The Planning Board shall include a finding that the proposal will be neither detrimental nor offensive to the neighborhood. Further, the Planning Board shall include a finding that there are no modifications or changes required to protect the public health, safety or welfare.

Disapproval of the site plan with an explanation of the reasons for such disapproval, including the elements of the proposal the Planning Board finds are not capable of revision. The Planning Board shall include a finding as to how the proposal is either detrimental or offensive to the neighborhood. In addition or in the alternative, the Planning Board shall include a finding that there are no modifications or changes the applicant could make to the proposal that would modify the proposal in order that the public health, safety or welfare would be protected. The Planning Board may also include a finding as to the elements of the proposal that are so deficient in important elements and intrusive on the interests of the public that they warrant disapproval.

Approval of the site plan subject to such reasonable conditions, modifications, and restrictions as the Planning Board may deem necessary to insure that the proposal will be neither detrimental nor offensive to the neighborhood. Further, the Planning Board shall indicate that the conditions, modifications and or restrictions will protect the public health, safety or welfare and that the project will then constitute a suitable development and will not result in substantial detriment to the neighborhood.

Setbacks: All facilities shall have front, side and rear yard setbacks of at least 50 feet, for any fencing that is required by the Planning Board. Fencing shall be required to fully enclose the project. Solar arrays and related equipment shall have front, side and rear setbacks of a minimum of 100 feet. In the event a front, side or rear lot line abuts one or more residences, that front, rear or side setback shall be a minimum of 200 feet. Setback from a roadway shall be at least 200 feet. A fifty-foot minimum setback shall be used when the abutting parcel has the same owner and the same proposed use. No trees shall be removed outside the limit of work boundary. The Planning Board may allow a lesser setback along a property line where, in its judgment, the proposed facility is not likely to negatively affect an existing or permitted land use on the abutting property. The Planning Board may require a greater setback along a property line where, in its judgment, the proposed facility is likely to negatively affect an existing or permitted land use on the abutting property. All invertors, transformers, or other equipment that have the potential to exceed allowable noise levels shall be located no less than 250 feet from property lines.

Appurtenant structures: All appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations shall be subject to bylaws concerning bulk and height, setbacks, parking, building coverage, and vegetative screening to avoid adverse impacts on the neighborhood or abutting properties.

Lighting: Lighting shall be limited to that required for safety and operational purposes, and shall not be intrusive in any way on abutting properties. Lighting shall incorporate full cutoff fixtures to reduce light pollution.

Signage: The solar facility shall provide a sign that identifies the operator and provides a twenty-four-hour emergency contact phone number. Solar facilities shall not display any advertising except for reasonable identification of the manufacturer or operator of the facility. The site may have a secondary sign providing educational information about the facility and the benefits of renewable energy. Applicant to obtain permits for all signs. Applicant shall provide ongoing and up-to-date educational website information, in an acceptable format, for viewing at the Town Library, schools and Town's website.

Utility connections: The applicant shall place all utility connections underground except in unique cases where the Planning Board finds that soil conditions, topographic constraints, or utility company requirements make underground connections unfeasible.

In the event the proposed site includes land that is active or potentially active agricultural or forest land and applicant excludes such land from the area to be used by the solar facility, the Planning Board may consider reducing some of the setback requirements in consideration of such exclusion. In the alternative, the Planning Board may increase setbacks for any project that fails to make a reasonable effort to exclude active or potentially active agricultural or forest land from the site.

Exemptions: The following solar energy facilities are exempt from Planning Board action under this bylaw but require a building permit prior to installation. The Building Inspector shall review the application for building permit to determine that the facility does not impose an objectionable visual impact on abutting properties. In the event the Building Inspector is not satisfied that the visual impact is acceptable, he shall refer the application to the Planning Board for review:

The Planning Board shall conduct a site plan review, as to visual impact. The Planning Board may require submission of such documentation as it deems reasonable.

Maintenance: The operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. The operator shall be responsible for maintaining adequate access for emergency vehicles and maintenance equipment.

An operation and maintenance manual is to be filed annually with the Planning Board confirming that the operation is ongoing and has not been abandoned. The owner and operator to provide the Planning Board with access to a computer/internet link in order that the Planning Board may view real-time operation data to confirm ongoing operation.

Modifications: No modifications to the plans submitted with the application and approved by the Planning Board may be made without written approval by the Planning Board. All modifications to the facility proposed after issuance of the special use permit and building permit require approval of the Planning Board and Inspector of Buildings.

The applicant shall comply with any and all federal, Massachusetts or local requirements in existence at the time application is filed or adopted after approval.

Noise: Noise generated by a solar facility and its associated equipment shall not produce any vibration, harmonics, or other interference which would be perceived or negatively impact people, animals or the normal functions of electronic equipment off site. Prior to the issuance of a building permit, the applicant shall conduct a test of ambient noise conditions during startup operations and provide a written report of noise decibel levels. The solar facility and its associated equipment shall not produce a noise level that exceeds the Massachusetts DEP's Division of Air Quality noise regulations (310 CMR 7.10). The ambient noise level shall be evaluated at the property line and at the nearest inhabited residence or other sensitive land use boundary. "Ambient" shall mean the background A-weighted sound level that is exceeded 90% of the time as measured during equipment operating hours.

Removal requirements: Any solar facility that has reached the end of its useful life (estimated to be 20 years), has been abandoned or has discontinued operation shall be physically removed from the parcel within 150 days after the date of discontinued operations; otherwise the Planning Board may proceed as set forth below. The owner or operator shall include in the application the anticipated date of discontinued operations together with plans for removal. As an ongoing obligation, the owner or operator shall notify the Planning Board by certified mail, annually, as to the proposed date of discontinued operations and plans for removal.

Decommissioning/removal/restoration: Decommissioning/removal/restoration shall consist of at least the following:

Abandonment: Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar facility shall be considered abandoned when in the Planning Board's discretion it fails to operate for more than six months. If the solar facility is deemed abandoned by the Planning Board, the Town shall give the owner and operator 30 days' written notice to remove the facility. In the event that the owner and operator have not completed the removal at the conclusion of 90 days from the date of written notice, the Town may proceed, without taking any legal action, to enter the property to decommission, physically remove the facility and restore the property. The Town may recover any costs from the financial surety provided by the applicant. In the event there are insufficient funds to complete the decommissioning, removal and restoration, the applicant, owner and operator (including such other parties or entities as appropriate) shall be jointly and severally liable to pay any excess costs incurred in order to do so.

Financial surety: As a part of the application, the applicant shall provide the Planning Board with a fully inclusive estimate of the costs associated with the decommissioning and removal of the facility and site restoration. The estimate shall be prepared by a qualified engineer selected by the Planning Board, and the cost of the engineer preparing the estimate shall be paid by the applicant prior to issuance of any permit. At or before the second anniversary of the approval of the special permit, the applicant, owner or operator shall deposit with the Barre Treasurer United States dollars in an amount equal to 25% of the estimated cost of decommissioning, removal and site restoration. The applicant, owner or operator shall deposit additional sums equal to 25% of said estimate on the third, fourth and fifth anniversaries, resulting in the Barre Treasurer having a sum equal to 100% of the estimate on deposit by the fifth anniversary of the approval of the special permit. On said fifth, and on the 10th, 15th and 20th anniversaries (and 25th if appropriate), the applicant, owner or operator shall provide the Planning Board with an updated estimate from the same engineer (or such other engineer as may be selected by the Planning Board), the cost to be paid by the applicant, owner or operator. In addition the applicant, owner or operator shall deposit any additional funds with the Barre Treasurer in order that the funds on deposit are equal to 100% of the most recent estimate. In the event that the funds on deposit exceed 100% of the most recent estimate, the Planning Board shall authorize the Barre Treasurer to release any excess to the applicant, owner and operator. Such surety will not be required for municipal facilities owned and operated by the Town.

Prior to the Planning Board signing and delivering any special permit approved hereunder, the applicant shall deliver to the Planning Board the following:

Any approval voted by the Planning Board prior to receipt of the foregoing shall be provisional.

These provisions are enacted pursuant to General Laws, Chapter 40A, Section 9, and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution. It is recognized that the nature of the substance cultivated, processed, and/or sold by marijuana establishments may have unforeseen impacts and should be located in such a way as to ensure the health, safety, and general well-being of the Barre residents, the general public, patients seeking treatment, and customers seeking to purchase marijuana for recreational use. The Planning Board shall consider the effects that the proposed facility may have upon the site, the neighborhood, and the community. The Adult Marijuana and Marijuana Establishments Bylaw is therefore necessary to advance these purposes.

Subject to the provisions of this Zoning Bylaw, Chapter 40A of the Massachusetts General Laws, 935 CMR 500.000, 935 CMR 501.000, and MGL Chapter 94G, marijuana establishments will be permitted to provide medical support, security, and physician oversight that meet or exceed state regulation as established by the Massachusetts Department of Health (DPH) and to provide retail sales of marijuana for nonmedical use in a manner that meets or exceeds state regulations.

Any marijuana establishment that has applied for and received a provisional certificate of registration for a marijuana establishment, as defined by MGL c. 94G, § 1, shall be permitted by right if the following prerequisites are satisfied: said marijuana establishment is situated in the Industrial District and said marijuana establishment is not located within 500 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12.

ALLOWED MARIJUANA USE (AMU) — Craft marijuana cultivator cooperative, independent marijuana testing laboratory, marijuana cultivator, marijuana establishment, marijuana product manufacturer, marijuana products, adult marijuana retailer, medical marijuana treatment center, registered medical marijuana dispensary (RMD), off-site medical marijuana dispensary (OMMD).

OUTDOOR CULTIVATOR — Cultivation within any location that is not within a fully enclosed and permanent building. Cultivators proposing both indoor and outdoor cultivation on a site shall follow the regulations established for outdoor cultivators for the outdoor portion of their cultivation.

INDOOR CULTIVATOR — Cultivation within any location that is within a fully enclosed and permanent building. Cultivators proposing both indoor and outdoor cultivation on a site shall follow the regulations established for indoor cultivators for the indoor portion of their cultivation.

PERMANENT BUILDING — A standalone building that has solid roof and solid walls, especially a permanent structure that is supported by columns or permanent walls and is located on a permanent slab or foundation. It can be any structure that is designed or intended for support, enclosure, shelter or protection of person, animals or property having a permanent roof that is supported by columns or walls. A building designed, planned, and constructed so as to remain at one location. The building not to be made of plastic, fabric and/or other materials that can be penetrated with knife, machete, or other sharp and similar objects.

NONPERMANENT STRUCTURE — All other structures that do not meet the definition of a permanent building.

ABUTTERS — Owners/residents of property within 500-foot perimeter of marijuana business parcel.

CRAFT MARIJUANA CULTIVATOR COOPERATIVE — A marijuana cultivator comprised of residents of the commonwealth as a limited liability company or limited liability partnership under the laws of the commonwealth, or an appropriate business structure as determined by the Cannabis Control Commission (hereafter, "the Commission"), and that is licensed to cultivate, obtain, manufacture, process, package and brand marijuana and marijuana products to deliver marijuana to marijuana establishments but not to the consumer.

INDEPENDENT MARIJUANA TESTING LABORATORY — A laboratory that is licensed by the Commission and is: (a) accredited to the most current version of the International Organization for Standardization 17025 by a third-party accrediting body that is a signatory of the International Laboratory Accreditation Cooperation with a mutual recognition arrangement, or that is otherwise approved by the Commission; (b) independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and (c) qualified to test marijuana in compliance with regulations promulgated by the Commission pursuant to this chapter.

MARIJUANA CULTIVATOR — 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 to consumers.

MARIJUANA ESTABLISHMENT — A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer, RMD (registered marijuana dispensary) or any other type of licensed marijuana-related businesses.

MARIJUANA PRODUCT MANUFACTURER — An entity licensed to obtain, manufacture, process, and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments, and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.

MARIJUANA PRODUCTS — Products that have been manufactured and contain marijuana or an extract of marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including without limitation edible products, beverages, topical products, ointments, oils, and tinctures.

ADULT MARIJUANA RETAILER (AMR) — An entity licensed to purchase and deliver marijuana and products from marijuana establishments and to deliver, sell, or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.

MEDICAL MARIJUANA TREATMENT CENTER — Also known as registered marijuana dispensary as defined by 935 CMR 501.000.

REGISTERED MEDICAL MARIJUANA DISPENSARY (RMD) — A use registered and approved by the MA Department of Public Health in accordance with 935 CMR 501.000, and pursuant to all other applicable state laws and regulations, also to be known as a medical marijuana treatment center, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. A RMD shall explicitly include facilities which cultivate and process medical marijuana, and which may also dispense and deliver medical marijuana and related products. The cultivation and processing of medical marijuana in accordance with these regulations is considered to be a manufacturing use and is not agriculturally exempt from zoning.

OFF-SITE MEDICAL MARIJUANA DISPENSARY (OMMD) — A registered marijuana dispensary that is located off-site from the cultivation/processing facility (and controlled and operated by the same registered and approved entity which operates an affiliated RMD) but which serves only to dispense the processed marijuana, related supplies and educational materials to registered qualifying patients or their personal caregivers in accordance with the provisions of 935 CMR 501.000.

SPGA — Special Permit Granting Authority - Planning Board of the Town of Barre.

PRIME AGRICULTURAL SOILS — Agricultural land with soils designed as prime or of statewide significance by the U.S. Natural Resources Soil Services soil surveys.

RESIDENCE — Single-family home, two- and four-family homes, as well as group homes.

ADULT — 21 years of age or older.

Marijuana establishments shall only be allowed by special permit. The Planning Board shall be the Special Permit Granting Authority (SPGA). The following items are required submittals for a special permit application:

The SPGA shall submit copies of the application to the Building Department, Fire Department, Police Department, Board of Health, the Conservation Commission, Board of Assessors, and the Department of Public Works. These Boards/Departments may be asked to review the application in accordance with their applicable laws and regulations and make a determination as to whether or not the proposed project complies with the same. They shall submit their written comments and/or recommendations within 35 days of receipt of the application.

No marijuana shall be smoked, eaten or otherwise consumed or ingested on the premises.

The hours of operation shall be determined by the Select Board and the Planning Board and made a part of the Host Community Agreement.

All aspects of marijuana establishments, with the exception of outdoor cultivation, relative to the acquisition, indoor cultivation, possession, processing, sales, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials must take place at a fixed location within a fully enclosed permanent building and shall not be visible from the exterior of the business.

No outside storage of marijuana, related supplies, or advertising materials is permitted.

Allowed uses:

Each facility permitted under this bylaw shall submit a copy of the annual report as required by the Cannabis Control Commission.

Marijuana social consumption establishments: Marijuana social consumption establishments as described in the State of Massachusetts draft regulations 935 CMR 500.000 Adult Use of Marijuana, are prohibited within the Town of Barre.

Proposed uses shall not be located within 500 feet of the following, as measured from the building and/or area actively used to the perimeter of abutting property boundary.

The proposed use shall not display on-premises signage or other marketing on the exterior of the building or in any manner visible from the public way, which may promote or encourage the use of marijuana or other drugs by minors.

All marijuana establishments must minimize adverse impacts on abutters and other parties of interest.

All marijuana establishments are not allowed on unfragmented open land as identified as a priority for protection in the Town's Open Space and Recreation Plan, Master Plan or the Community Development Plan.

All marijuana establishments are not allowed on agricultural land with soils designated as prime or statewide significance by the U.S. Natural Resource Conservation Service soil survey. Outdoor marijuana cultivators are exempt from this requirement.

All marijuana establishments are not allowed on lots containing rare, threatened, or endangered species or exemplar natural communities according to the Massachusetts BioMap Project development by the Massachusetts Natural Heritage & Endangered Species Program.

All marijuana establishments are not allowed on unique natural, cultural, and/or historical features as identified in the Master Plan or Community Development Plan.

All indoor marijuana cultivation is to be located in a fully enclosed, permanent building and may not be located in a trailer, cargo container, motor vehicle or other similar nonpermanent enclosure.

Prohibition against nuisances: No use shall be allowed in any marijuana establishments, indoor or outdoor, that creates a nuisance to abutters or to the surrounding area, or which creates any hazard, including but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.

Violation: In the event of any violation of the terms and conditions of a special permit issued pursuant to this Zoning Bylaw, after proper notice and demand, the Building Inspector shall institute appropriate action or proceedings in the name of the Town of Barre to prevent, correct, restrain, or abate any violation. The violator shall be subject to a fine of $300 a day from each day the violation continues.

This bylaw applies to all marijuana facilities proposed in the Town of Barre. In addition this bylaw shall apply to any and all alterations, changes, improvements and modifications, including, but not limited to upgrades or physical modifications, regardless of whether the modification materially alters the type, configuration, or size of these facilities or related equipment. The Planning Board shall follow the procedural requirements for processing special permit applications as set forth in Massachusetts General Laws, including but not limited to MGL c. 40A, § 9.

Number of marijuana retailer establishments: The number of licensed marijuana retailer establishments in the Town of Barre shall not exceed 20% of the number of licenses issued for the sale of alcohol not to be consumed on the premises under the Massachusetts General Laws Chapter 138, Section 15.

Not more than three indoor marijuana cultivation facilities are allowed by special permit in the Town of Barre.

Not more than three outdoor marijuana cultivation facilities are allowed by special permit in the Town of Barre.

Meets all of the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will as proposed be in compliance with all applicable state laws and regulations.

Complies with 935 CMR 501.000 and approved regulations of the MA Department of Public Health, if the proposed use is a registered medical marijuana dispensary (RMD) or an off-site medical marijuana dispensary (OMMD).

The applicant shall provide proof that they have executed a Host Community Agreement with the Town of Barre.

A special permit granted under this section shall not run with the land but shall be specific to the applicant and shall be nontransferable to another owner or operator without an amendment to the special permit following a noticed public hearing in accordance with MGL c. 40A and the Barre Zoning Bylaws.

The special permit shall lapse upon the expiration or termination of the special permit holder's license from the state Cannabis Control Commission. The special permit holder shall notify the Building Commissioner and the SPGA in writing within 48 hours of the cessation of operation or expiration or termination of the special permit holder's state license.

Any marijuana establishment permitted under this section shall be required to remove all materials, plants, equipment or other paraphernalia in compliance with 935 CMR 500.00 prior to the expiration, or immediately following the expiration, revocation or voiding of its license issued by the Cannabis Control Commission.

The applicant shall submit five copies of the required plans and documents. The applicant shall also submit the required fee(s).

Public hearing. The Planning Board shall hold a public hearing in accordance with Massachusetts General Laws. The time for acting may be extended upon written request of the applicant and/or Planning Board. Such request shall not be unreasonably denied.

The Planning Board's final action may consist of either:

No installation shall be constructed, installed, or modified without first obtaining a building permit and shall not be issued until the Planning Board has issued a special permit. No modifications shall be made without obtaining Planning Board approval.

The operator shall provide a copy of the operation and maintenance plan, electrical schematic, and site plan to the Fire Chief, Police Chief, and EMS (emergency medical service).

The operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the facility shall be clearly marked.

The premises shall identify a qualified contact person available 24 hours per day/seven days per week to provide assistance during an emergency; the operator shall change the contact information immediately whenever a change in personnel occurs.

Maintenance: The operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. The operator shall be responsible for maintaining adequate access for emergency vehicles.

Modifications: No modifications to the plans submitted with the application and approved by the Planning Board may be made without written approval by the Planning Board. All material modifications to the facility proposed after issuance of the building permit require approval of the Planning Board and Inspector of Buildings.

The owner/operator shall notify the Planning Board a minimum of 90 days prior to beginning decommissioning. Decommissioning activities shall begin two weeks after the expiration, revocation, or voiding of the license issued by the Cannabis Control Commission.

The owner/operator shall do the following:

If the facility fails to operate for more than three months, the Town of Barre shall consider the facility to be abandoned and shall provide written notice to the owner/operator to require them to conduct the decommissioning activities as described above. If the owner/operator fails to complete the decommissioning activities within an agreed-upon time period, the Town of Barre may engage a third-party contractor to conduct the decommissioning activities and charge the decommissioning costs to the owner/operator.

The applicant shall submit to the Planning Board a copy of the financial surety documentation submitted to the Cannabis Control Commission.

In the event any section or portion of this bylaw is determined to be invalid or unenforceable by a court of competent jurisdiction such determination/ruling shall not affect the validity and enforceability of the remaining sections and portions of this bylaw.