Carver City Zoning Code
PART 4
SPECIAL REGULATIONS
§ 290-4-1.1 Purpose.
The purpose of this mobile home by-law is to encourage the development and maintenance of attractive and appropriate sites for mobile homes, to protect the general health, safety and welfare of the inhabitants of the Town of Carver as well as the inhabitants of mobile home parks, and to preserve and enhance the environment of areas within such parks and of the areas adjacent to them. It is intent of this by-law to serve the needs of the elderly persons and the special permit granting authority may require the affirmative action of the operator of such mobile home park as a condition to the issuance of a special permit.
§ 290-4-1.2 Special Permit.
No mobile home shall be erected, established or located on a site for living purposes, except in an approved mobile home park. No mobile home park or trailer park shall be established or operated within the town unless a special permit has been issued by the Board of Appeals as special permit granting authority. Such a permit shall be conditional upon the issuance of such license from the Board of Health as required by the General Laws, and failure to obtain or to renew such license may suspend or void any special permit issued under this by-law.
§ 290-4-1.3 Site Plan.
A site plan shall be submitted with each application for a special permit for a mobile home park or for alteration, modification or extension of such a park and the approved site plan shall become a condition of any special permit. Said plan shall be prepared by a registered engineer or land surveyor in the form and quantity required by the special permit granting authority and shall indicate the following:
A.
Location of mobile home lots with mobile home pads, park streets, water and sewer systems and sites for individual sewage disposal systems and sources of water;
B.
Buffer zones, open space, recreation areas and parking spaces;
C.
Water courses, bodies of water, and locations of wetlands;
D.
Natural features;
E.
Abutting land with identification of the owners;
F.
Contour of the land area indicated at five (5) foot intervals. Where the proposed ground surface level is within six (6) feet of the high water elevation, the plan may be required to show the present and proposed contours at two (2) foot intervals;
G.
A separate sketch showing the relation of the surrounding road network. The north orientation of this sketch shall be the same as on the site plan.
§ 290-4-1.4 Narrative Submittals.
In addition to the plan set forth above, applicants for a special permit for a mobile park shall provide:
A.
Information as to the method of sewage disposal and the provision of water supply for domestic and fire protection purposes;
B.
A statement as to the existing use of adjacent undeveloped land if known;
C.
A certified report of a registered professional engineer indicating highest known groundwater elevation on the site within the last ten (10) years;
D.
A statement of proposed drainage systems, including storm drainage to contain runoff without flooding or erosion; and
E.
Such other information as the special permit granting authority may request or require in its rules and regulations.
§ 290-4-1.5 Conditions.
A.
No mobile home park shall be less than one hundred (100) acres and no single acre shall contain more than five mobile home lots.
B.
There shall be provision for central facilities for recreational and services available to all park residents.
C.
There shall be at least one off-street parking area provided for each mobile home lot.
D.
The area occupied by a mobile home pad, roofed accessory buildings and parking areas shall not exceed forty percent (40%) of the area of the mobile home lot.
E.
No mobile home pad shall be located closer than fifteen (15) feet to the nearest mobile home lot line or park street and shall be setback at least thirty (30) feet from any abutting public street. No mobile home pad shall be located within one hundred (100) feet of any stream, pond, or wetland area.
F.
The mobile home park street system shall be consistent with the rules and regulations of the Planning Board for the subdivision of land to provide access to the public for public safety.
G.
Each mobile home lot shall have a minimum frontage of at least seventy five (75) feet on a mobile home park street.
H.
Where public water supply or public sewage system is available at or within the boundary of a mobile home park site, all permanent buildings within the site and all mobile home lots shall be required to be connected to such services.
I.
Mobile homes shall not be stored or displayed for sale unless mounted on a mobile home pad.
§ 290-4-1.6 Open Space Requirements.
A minimum of twenty five percent (25%) of the parcel shown on the Development Plan shall be contiguous open space, excluding required yards and buffer areas. Such open space may be separated by the road(s) constructed within the Mobile Home Park. Not more than twenty five percent (25%) of such open space shall be wetlands, as defined pursuant to G.L. c. 131, s. 40.
A.
The required open space shall be used for conservation, historic preservation and education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purposes.
B.
The required open space shall remain unbuilt upon, provided that ten percent (10%) of such open space may be paved or built upon for structures accessory to the dedicated use or uses, bikepaths, and agriculture.
C.
Underground utilities to serve the mobile home park site may be located within the required open space.
D.
The required open space shall, at the owner's election, be conveyed to:
(1)
the Town of Carver or its Conservation Commission;
(2)
a nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above; or
(3)
a corporation or trust owned jointly or in common by the owners of units within the mobile home park. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the units in perpetuity. Maintenance of the open space and facilities shall be permanently guaranteed by such trust or corporation which shall provide for mandatory assessments for the maintenance expenses to each unit. Each such trust or coporation[1] shall be deemed to have assented to allow the Town of Carver to perform maintenance of the open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the town an easement for this purpose. In such event, the town shall first provide fourteen (14) days written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corportation[2] fails to complete such maintenance, the town may perform it. The owner of each unit shall be deemed to have assented to the town filing a lien against each lot in the development for the full cost of such maintenance, which liens shall be released upon payment to the town of same. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the Zoning Board of Appeals for approval, and shall thereafter be recorded in the Registry of Deeds.
[1]
Editor's Note: So in original; should be "corporation."
[2]
Editor's Note: So in original; should be "corporation."
E.
Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.
§ 290-4-2.1 Storm Drainage.
A.
General Approach:
(1)
A complete storm drainage system shall be laid out and of sufficient size as to permit unimpeded flow of all natural waterways, to provide adequate drainage of all portions of the site, and to prevent adverse impacts due to stormwater discharge from the site.
(2)
Stormwater from the site shall be recharged to the maximum extent feasible and as near to the runoff source as practicable. Open drainage systems that provide a high level of infiltration, require little maintenance, and result in a minimum of clearing and grading (such as grasses swales or undisturbed natural areas suitable to absorb stormwater) are generally considered superior to closed drainage systems. A series of multiple smaller drainage systems is preferable to a single larger facility.
B.
Design Basis and Method:
(1)
Drainage systems shall be designed to comply with the following: Where the collection system conveys flows to a detention/retention system designed to control the one hundred (100) year storm, the designer shall document how flows in excess of collection system capacity will be safely directed to the control device.
(2)
Calculations for the analysis of pre-and post-development peak flows at the property line, and for the design of detention/retention devices shall be developed using the Natural Resource Conservation Service (NRCS) TR-20 methodology.
(3)
The development of runoff coefficients (e.g. for the Rational Method) and Runoff Curve Numbers (e.g. for TR-55 and TR-20 methodology) for post-development conditions shall be based on the assumption that the contributing watershed will be fully-developed.
C.
Separation between infiltration devices and septic systems: A note shall be added to the plan citing use and general location of dry wells, roof leaders and other individual on-site stormwater management systems in order to facilitate adequate separation for septic systems.
D.
Discharge onto abutting lots:
(1)
peak stormwater flows at the boundaries of the development shall not exceed peak flows prior to development measured in the same location, based on the two- (2), ten- (10), twenty-five- (25), and one hundred- (100) year, twenty-four hour design storms.
(2)
Stormwater volumes shall be controlled so that there is no increased negative impact on any abutting property. No flow shall be conveyed over public ways, or over land of others.
E.
Storm drainage structures and appurtenances: The drainage collection system shall be designed to convey projected peak flow rates based upon the twenty-five- (25) year storm utilizing the Rational Method.
§ 290-4-2.2 Emergency Services.
A.
Emergency access roads shall be at least 12-feet wide, constructed of an all-weather surface, and cleared of obstructions to a distance of 4-feet on both sides. Gates, where required, shall be equipped with a standard Carver Fire Department lock.
B.
A Fire Protection Distribution System (FPDS) shall be provided when deemed necessary by the Special Permit Granting Authority (SPGA). The SPGA shall request written comments from the Carver Fire Department, prior to making a determination. The FPDS shall consist of water mains, hydrants, and appurtenances designed in accordance with the specifications adopted by the Carver Fire Department.
C.
A water supply conforming to NFPA 1231 shall be established on the plans for firefighting purposes when deemed necessary by the SPGA. The SPGA shall request written comments from the Carver Fire Department, prior to making a determination.
§ 290-4-3.1 Purpose.
The purpose of this Article 4-3 is to protect the public health, safety, and welfare by preserving the quality of ground and surface water which provides existing or potential water supply for the Town's residents, cranberry growers, institutions and businesses.
§ 290-4-3.2 Applicability.
The provision of Article 4-3 shall not apply to land in agricultural use or land being constructed for agricultural use.
§ 290-4-3.3 Prohibited Uses.
The following uses are prohibited:
A.
Solid waste disposal facilities, including without limitation landfills and junk and salvage yards, that require a site assignment from the Board of Health under G.L. c. 111, s. 150A (the Landfill Site Assignment Law) and regulations adopted by the Department of Environmental Protection at 310 CMR 19.00;
B.
Storage of hazardous wastes in quantities as defined by the Massachusetts Hazardous Waste Management Regulations by a "large quantity generator" including without limitation chemical wastes, radioactive wastes and waste oil;
C.
Disposal of hazardous wastes;
D.
Disposal of snow that contains de-icing chemicals and that has been brought in from outside the District;
§ 290-4-3.4 Uses Available by Special Permit.
If, in the judgment of the Planning Board, the Design and Operation Standards in § 290-4-3.6 are satisfied, the following uses may be allowed upon issuance of a special permit from the Planning Board and subject to such conditions as the Board may impose. Failure to comply with the terms and conditions of a special permit shall be grounds for revocation of said permit.
A.
Any uses where more than 10,000 square feet of any lot would be rendered impervious (excluding roadways).
B.
Underground storage of petroleum and other refined petroleum products, including without limitation gasoline, waste oil, and diesel fuel, except within buildings which it will heat or where it currently exists. The Planning Board shall be notified prior to the replacement of any tanks. Replacement tanks shall be double walled (or current state of the art) tanks and shall be of the same gallonage or less. Larger tanks shall require a permit under this By-Law.
C.
Storage of road salt or other de-icing chemicals in quantities greater than for normal household use;
D.
Manufacture, use, storage, or disposal of toxic or hazardous materials as part of a principal activity, excluding domestic activities, pesticide applications for normal agricultural use, and above-ground tanks for the storage of diesel fuel and gasoline; and
E.
Motor vehicle service stations, repair garages, car washes, truck or bus terminals, heliports (excluding helistops), airports, electronic manufacturing, metal plating, commercial chemical and bacteriological laboratories, and dry cleaning establishments using toxic or hazardous materials on site.
§ 290-4-3.5 Special Permit Procedures.
Any application for a special permit shall be made, reviewed and acted upon in accordance with the following procedures:
A.
Each application for a special permit shall be filed in writing with the Planning Board and shall contain a complete description of the proposed use, together with any supporting information and plans which the SPGA may require. Submissions should include appropriate data to provide a basis for reviewing the impact of the proposed activity on the aquifer.
B.
The Planning Board shall refer copies of the application to the Board of Health, Conservation Commission and the Department of Public Works, which shall review, either jointly or separately, the application and submit their recommendations to the Planning Board. Failure to make recommendations within 35 days of the referral of the application shall be deemed lack of opposition.
C.
After notice and public hearing, and after due consideration of the reports and recommendations of the local boards/departments, the Planning Board may grant such a special permit provided that it finds the proposed use:
(1)
is in accordance with the provisions of § 290-4-3.6;
(2)
is in harmony with the purpose and intent of this bylaw;
(3)
is appropriate to the natural topography, soils and other characteristics of the site to be developed;
(4)
will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge area (i.e., quality, or quantity of groundwater); and
(5)
will not adversely affect an existing or potential water resource.
§ 290-4-3.6 Design and Operation Standards.
A.
Provisions shall be made to adequately protect against toxic or hazardous materials discharge or loss through corrosion, accidental damage, spillage or vandalism, through such measures as provision for spill control in the vicinity of chemical or fuel delivery points, secure storage areas for toxic and hazardous materials, and indoor storage provisions for corrodable or dissolvable materials.
B.
No disposal of hazardous wastes within the Town shall occur. All provisions of G.L. c. 111, s. 150A (the Landfill Site Assignment Law) and G.L. c. 21C (the Massachusetts Hazardous Waste Management Act) shall be adequately satisfied.
C.
Fill material shall contain no solid waste, toxic or hazardous materials, or hazardous waste. Adequate documentation shall be provided to ensure proper condition of the fill. The SPGA may require soils testing by a certified laboratory at the applicant's expense.
D.
For industrial and commercial uses, an emergency response plan to prevent contamination of soil or water in the event of accidental spills or the release of toxic or hazardous materials shall be submitted to the Planning Board, if deemed necessary, for approval prior to granting of a special permit. Recommendations of the Fire Department on said plan shall be sought.
E.
Periodic monitoring shall be required when the site location and land use activities indicate a significant risk of contamination to the water resource as determined by the Planning Board based upon recommendations of the Department of Public Works, Board of Health, and the Conservation Commission. Such monitoring may include analyses of water or soil for appropriate substances and installation of groundwater monitoring wells constructed and located as specified by the Department of Public Works, Board of Health, the Conservation Commission and the Planning Board. All monitoring wells must meet or exceed the proposed or current DEP design standards for monitoring well installation. All costs will be borne by the owner of the premises.
F.
All storm water runoff from impervious surfaces shall be recharged on-site unless in conducting site plan review it is determined that either recharge is infeasible because of site conditions or is undesirable because of uncontrollable risks to water quality from such recharge. Such recharge shall be by surface infiltration through vegetated surfaces unless otherwise approved by the Planning Board during site plan review. If dry wells or leaching basins are approved for use, they shall be preceded by oil, grease and sediment traps except for specific exemptions allowed by State statutes. Drainage from loading areas for toxic or hazardous materials shall be separately collected for safe disposal.
§ 290-4-4.1 Purpose.
The purpose of the Wetland District is to insure that development of land within the district will not endanger the health, safety or welfare of the occupants of such land as well as the general public; and to encourage the most appropriate uses of land in Carver. The Wetland District is an overlay district and shall be superimposed over the other districts shown on the zoning map, as a recognition of special conditions which exist in the overlay district.
§ 290-4-4.2 District Delineation.
The Wetland District is defined as the area designated "Wetlands," shown on the Zoning Map.
§ 290-4-4.3 Permitted Uses.
Any use permitted in the underlying district of low flood-damage potential and causing no obstruction to flood flows, provided there are no structures, fill or storage of materials or equipment required, such as:
A.
Agricultural uses such as farming, grazing, truck farming, horticultural, and cranberry related activities.
B.
Forestry and nursery uses.
C.
Outdoor recreational uses of a passive and/or, non-commercial nature, including fishing, boating, play areas.
D.
Conservation of water, plant, wildlife.
E.
Wildlife management areas, foot, bicycle, and/or horse paths.
F.
Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.
G.
Buildings lawfully existing prior to the adoption of these provisions.
§ 290-4-4.4 Uses by Special Permit.
Any use permitted in the underlying district may be permitted upon the issuance of a special permit by the Board of Appeals. Such special permit shall be subject to conditions determined by the Board of Appeals to be necessary to protect human life and property from the hazards of periodic flooding, to preserve the natural storage capacity of the floodplain, and to preserve and maintain the groundwater table and water recharge areas within the flood plain. No structure or building shall be erected, constructed, substantially improved, reconstructed, or otherwise created or moved; no earth or other materials dumped, filled, excavated or transferred, unless a special permit is granted by the SPGA.
A.
The proposed use shall comply in all respects to the provisions of the underlying district in which the land is located.
B.
Within 10 days of the receipt of the application, the Board of Appeals shall transmit one copy of the development plan to the Conservation Commission, Board of Health, and Town Engineer. No action shall be taken until reports have been received from the above boards or until 35 days have elapsed.
C.
All encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 100 year flood.
D.
All development, including structural and nonstructural activities, shall be in compliance with G.L. c. 131, s. 40 (the Wetlands Protection Act) pertaining to construction in wetland areas.
§ 290-4-5.1 Purpose.
The purpose of the Planned Tourist Commercial District (PTCD) is to encourage the appropriate use and development of land by providing for certain activities which have a unique relationship and demonstrated value to the town, to promote economic benefits for the residents of the town, to preserve existing cranberry growing activities, and to protect existing tourist oriented land uses from the adverse effect of development of a conflicting nature.
§ 290-4-5.2 Applicability.
The PTCD is defined as the area designated "Tourist-Commercial" shown on the Zoning Map. The PTCD shall be construed as an overlay district. All requirements of the underlying zoning district(s) shall remain in full force and effect, except where the requirements of the PTCD are more restrictive or provide for uses or structures not otherwise available in the underlying district; in such cases, the requirements of the PTCD shall supersede the underlying zoning regulations.
§ 290-4-5.3 Uses in the PTCD.
Symbols employed below shall mean the following: |
Y - A permitted use. |
N - An excluded or prohibited use. |
SP - A use authorized under special permit as provided under Article 5-3. |
PRINCIPAL USE | PTCD |
|---|---|
Cranberry growing and related activities including structures, canals, dams, dikes, ditches, roadways and reservoirs | Y |
Agricultural use not exempted by G.L. c. 40A, s. 3 | Y |
Commercial recreation, outdoors | SP |
Demonstration tracts | SP |
Hotel or motel | SP |
Museums | SP |
Places of assembly | SP |
Retail stores, service establishments, banks, gift shops, or restaurants, where each structure contains less than 5000 sq. ft. of floor area | SP |
Multi-family dwellings, mobile homes, and all industrial uses | N |
Recreational Tourist Railroad | SP |
§ 290-4-5.4 Special Permit Procedures.
The special permit granting authority shall be the Zoning Board of Appeals. Any special permit required under this Article 4-5 shall be in addition to, and separate from, any other special permit required under this By-Law. Such special permit may be granted after consideration of the criteria set forth in § 290-5-3.3, and after a finding that the proposed use or activity is appropriate and consistent with the conceptual plan for the PTCD.
§ 290-4-5.5 Principal Use Limitation.
Not more than one principal use shall be conducted in any single structure.
§ 290-4-6.1 Purpose.
The purpose of this article is to establish areas in which wireless communications facilities may be provided while protecting Carver's unique community character. The WCF Overlay District has been created (a) to provide for safe and appropriate siting of wireless communications facilities consistent with the Telecommunications Act of 1996,[1] and (b) to minimize visual impacts from such facilities on residential districts and scenic areas within Carver.
[1]
Editor's Note: See 47 U.S.C. § 521 et seq.
§ 290-4-6.2 Administration.
In accordance with the requirements of 47 USC s.332 c (7)(B), and until such requirements are modified, amended or repealed in regulating the placement, construction and modification of personal wireless service facilities, the administration of this article shall be undertaken in the following manner; it shall not unreasonably discriminate among providers of functionally equivalent services, and is not intended to prohibit or have the effect of prohibiting the provision of personal wireless services. This article shall not regulate the placement, construction and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's regulations concerning such emissions.
§ 290-4-6.3 Location.
A.
The WCF District shall be located as follows: All of the Town of Carver.
B.
No wireless communication facility may be placed, constructed or modified except upon issuance of a special permit and site plan approval from the Zoning Board of Appeals, provided however that co-location on an existing WCF structure is allowed as-of-right where the existing structure is not being substantially altered.
§ 290-4-6.4 Applicability.
The WCF District shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning shall remain in full force and effect, except as may be specifically superseded herein.
§ 290-4-6.5 Submittal Requirements.
A.
As part of any application for a special permit, applicants shall submit, at a minimum, the information required for site plan approval, as set forth herein at Article 3-1.
B.
An applicant for a special permit shall describe the capacity of the proposed facility, based upon current technology, including the maximum number and type of antenna arrays and dishes that the facility can accommodate, together with a description of the number and type of antenna arrays that are proposed to be authorized by the special permit application.
§ 290-4-6.6 Special Permit.
A wireless communications facility may be erected or modified in the WCF District upon the issuance of a special permit by the Board of Appeals if the board determines that the adverse effects of the proposed facility will not outweigh its beneficial impacts as to the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. The determination shall include consideration of each of the following:
A.
communications needs served by the facility;
B.
traffic flow and safety, including parking and loading;
C.
adequacy of utilities and other public services;
D.
impact on neighborhood character, including aesthetics;
E.
impacts on the natural environment, including visual impacts;
F.
potential fiscal impact, including impact on town services, tax base, and employment;
G.
new monopoles shall be considered only upon a finding that existing or approved monopoles or facilities cannot accommodate the equipment planned for the proposed monopole.
§ 290-4-6.7 Conditions.
All wireless communications facilities shall be subject to the following conditions:
A.
To the extent feasible, service providers shall co-locate on a single facility. Monopoles shall be designed to structurally accommodate forseeable users (within a ten (10) year period) where technically practicable.
B.
New free-standing facilities shall be limited to monopoles; no lattice towers shall be permitted. Monopole height shall not exceed 100 feet above mean finished ground elevation at the base of the mounting structure; provided, however, that a monopole may be erected higher than 100 feet where co-location is approved or proposed, not to exceed a height of 150 feet above mean finished ground elevation at the base of the mounting structure.
C.
Wireless communications facilities may be placed upon or inside existing buildings or structures, including water tanks and towers, church spires, electrical transmission lines, and the like. In such cases, the facility height shall not exceed two (2) feet above the height of the existing structure or building.
D.
All structures associated with wireless communications facilities shall be removed within one (1) year of cessation of use. The Board may require a performance guarantee to effect this result.
E.
To the extent feasible, all network interconnections from the communications facility shall be via land lines.
F.
Any tower shall be set back from property lines a distance of at least forty (40) feet, and from public ways and residential uses a distance of at least three (3) times the height of the tower.
G.
The facility shall minimize, to the extent feasible, adverse visual effects on the environment. The Zoning Board of Appeals may impose reasonable conditions to ensure this result, including painting, lighting standards, landscaping, and screening. Existing on-site vegetation shall be preserved to the maximum extent possible. Fencing may be required to control unauthorized entry to wireless communication facilities.
H.
Traffic associated with the facility shall not adversely affect public ways.
I.
The Board of Appeals has the authority to increase or decrease the setbacks and height limitations herein, if warranted by site specific conditions.
§ 290-4-7.1 Purpose.
The purpose of the Landfill Overlay District (LOD) is to regulate Large Scale Ground Mounted Solar Photovoltaic Installations (LSGMSPI) within the LOD.
§ 290-4-7.2 Applicability.
The LOD is defined as the area designated "Landfill Overlay District" shown on the Zoning Map. The LOD shall be construed as an overlay district. All requirements of the underlying zoning district(s) shall remain in full force and effect, except where the requirements of the LOD are more restrictive or provide for uses or structures not otherwise available in the underlying district; in such cases, the requirements of the LOD shall supersede the underlying zoning regulations.
§ 290-4-7.3 Uses.
Large Scale Ground Mounted Solar Photovoltaic Installations (LSGMSPI) shall be allowed within the LOD by Special Permit from the Planning Board. All requirements for LSGMSPI listed in §§ 290-3-6.3 to 290-3-6.7 of the Carver Zoning By Laws shall apply to a LSGMSPI in the Landfill Overlay District. However if the proposed LSGMSPI abuts a water body which is zoned residential, the Planning Board may waive the setback requirements from the water body not less than 100 feet.
§ 290-4-8.1 Purpose.
This article is enacted pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interest of preventing the clustering and concentration of adult entertainment enterprises as defined herein because of their deleterious effect on adjacent areas and in response to studies demonstrating their effect in generating crime and blight.
§ 290-4-8.2 Adult Use Defined.
For the purposes of this article, an "Adult Use" shall mean an adult bookstore, adult video store, and adult live entertainment establishment, and/or an adult motion picture theater.
§ 290-4-8.3 Special Permit Required.
No Adult Use may be established or operated without a special permit from the Board of Appeals, as set forth in § 290-2-2.3, the Table of Uses. Any commercial establishment or activity that promotes or portrays under the guise of entertainment or education, sexual abuse of or by or among men, women, and children, and any such abuse that threatens their health and the health of a community shall not be granted a special permit in the Town of Carver. Furthermore, any such commercial establishment or activity that violates the community standards of said Town shall not be granted a special permit in the Town of Carver.
§ 290-4-8.4 Location.
No Adult Use may be located within one thousand (1,000) feet of another Adult Use, nor
A.
Within five hundred (500) feet from the nearest lot line of a Residential District.
B.
Within five hundred (500) feet from the nearest lot line of any establishment licensed under the provisions of G.L. c. 138, s. 12.
C.
Within one thousand (1,000) feet from the nearest lot line of a school, church, day care center, public beach, or playground.
§ 290-4-8.5 Setback.
Adult Uses and all advertising signs on the premises thereof shall not be located within fifty (50) feet of a public or private way and must be set back a minimum of fifty (50) feet from all lot lines.
§ 290-4-8.6 Display of Adult Videos.
No store which rents and/or sells videos shall have any adult videos openly displayed in the same public viewing area as non-adult videos. Said adult videos shall be displayed in a separate room from the non-adult videos, which is to be constructed to prevent the view of adult video stock by the general public unless they enter the room itself. Said enclosure shall have only one entrance and be located to ensure proper monitoring.
§ 290-4-8.7 Lapse.
A special permit for an Adult Use shall lapse within one (1) year, including the time required to pursue or await the determination of an appeal filed pursuant to G. L. c. 40A, s. 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.
§ 290-4-8.8 Limitation.
No Special Permit may be granted hereunder to any person convicted of violating the provisions of G.L. c. 119, s. 63 or G.L. c. 272, s. 28.
§ 290-4-9.1 Purpose.
The purpose of this article is to establish areas in which Tattoo Parlors and Body Piercing establishments may be located while protecting the Town of Carver's unique community character.
§ 290-4-9.2 Operation.
All such establishments shall operate in accordance with the rules set forth under 105 CMR 124 and the Town of Carver Zoning By-laws.
§ 290-4-9.3 Special Permit Required.
No Tattoo Parlor/Body Piercing may be established or operated without a Special Permit from the Planning Board, as set forth in Article 5-3. The Applicant shall also submit the necessary license(s) from the Board of Health with his application for the Special Permit. Any such establishment that violates the community standards of the Town shall not be granted a Special Permit.
§ 290-4-9.4 Location.
No Tattoo Parlor/Body Piercing may be located within any area not listed under § 290-2-2.3, Use Regulation Schedule.
§ 290-4-9.5 Prohibited.
Tattoo Parlor/Body Piercing shall not be located as a home occupation in the Town of Carver.
§ 290-4-9.6 Limitation.
No Special Permit may be granted hereunder to any person convicted of violating the provisions of G.L. c. 119, s. 63, or G.L. c. 272, s. 28.
§ 290-4-10.1 [Conditions.]
Upon written application by the owner of record of any lot in any district to the Building Inspector, a permit may be granted for use on said lot of only one mobile home unit as a temporary residence for not more than 60 days, provided said unit:
A.
Has adequate sanitary facilities approved in writing by the Board of Health;
B.
Is properly situated on said lot as required in writing by the Building Inspector;
C.
Is not objectionable by reason of noise, odor, or public nuisance.
§ 290-4-10.2 [Permit; Renewal.]
Upon written application by the owner of record of any lot in any district on which permanent dwelling is being or is to be constructed, or rebuilt, or remodeled by or for the owner of record, the Building Inspector shall issue a permit for use on that lot of one mobile home unit as a temporary residence for a period of not over six (6) months during such construction, rebuilding or remodeling, and such permit may be renewed if in the opinion of the Building Inspector the progress of the permanent dwelling justifies a second period of not over six (6) months. This permit shall be subject to the same conditions listed in § 290-4-10.1 of this By-Law, and its issuance shall be contingent upon the existence of a permit for the erection, rebuilding, or remodeling of a permanent building on the same lot.
§ 290-4-10.3 [Business or Nonresidential Use Only.]
On written application by the owner of record of any lot in a Commercial or Industrial District, the Building Inspector may issue a permit for the use on said lot of a unit as a temporary office for a business or other purposes upon such terms as the Building Inspector may require. No mobile home unit under this article shall be used for residential purposes.
§ 290-4-11.1 Purposes.
A.
To provide for the establishment of Registered Marijuana Dispensaries in appropriate places and under strict conditions in accordance with the passage of the Humanitarian Medical Use of Marijuana Act, Massachusetts General Laws, Chapter 94C, App. 1-1,[1] as approved by the voters as Question #3 on the November, 2012 state ballot (hereinafter referred-to as the "Act").
[1]
Editor's Note: MGL c. 94C, Appendix §§ 1-1 to 1-17, added by Chapter 369 of the Acts of 2012, was repealed in 2017. See now MGL c. 94I for statutory provisions regarding medical use of marijuana.
B.
To minimize the adverse impacts of Registered Marijuana Dispensaries on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said Facilities.
C.
To regulate the siting, design, placement, security, safety, monitoring, modification, and removal of Registered Marijuana Dispensaries.
§ 290-4-11.2 Applicability.
A.
The commercial cultivation, unless it meets the requirements for an agricultural exemption under Massachusetts General Laws, Chapter 40A Section 3, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of Marijuana for Medical Use is prohibited unless a special permit for a Registered Marijuana Dispensary is issued under this Article 4-11.
B.
No Registered Marijuana Dispensary shall be established except in compliance with the provisions of this Article 4-11.
C.
Nothing in this Bylaw shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs.
D.
If any provision of this article or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this article, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this article are severable.
§ 290-4-11.3 Definitions.
MARIJUANA
The same substance defined as "marihuana" under Massachusetts General Laws, Chapter 94C.
MARIJUANA FOR MEDICAL USE
Marijuana that is designated and restricted for use by, and for the benefit of, Qualifying Patients in the treatment of Debilitating Medical Conditions as set forth in the Act and Department of Public Health ("DPH") Regulations, 105 CMR 725.000[1]
REGISTERED MARIJUANA DISPENSARY
Shall mean a "Medical marijuana treatment center" to mean a not-for-profit entity, as defined by Massachusetts law only, registered under this law, 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 qualifying patients or their personal caregivers. These facilities shall be located inside a structure or building.
[1]
Editor's Note: See now 935 CMR 501.000 et seq.
§ 290-4-11.4 Eligible Locations for Registered Marijuana Dispensaries.
Registered Marijuana Dispensaries, other than agricultural operations meeting exemption standards under Massachusetts General Laws, Chapter 40A, Section 3, may be allowed by Special Permit from the Carver Planning Board in the Industrial "A" Zoning District provided the dispensary meets the requirements of this Article 4-11.
§ 290-4-11.5 General Requirements and Conditions for all Registered Marijuana Dispensaries.
A.
All non-exempt Registered Marijuana Dispensaries shall be contained within a building or structure.
B.
No Registered Marijuana Dispensary shall have a gross floor area of less than 2,500 square feet or in excess of 20,000 square feet and must meet all local, state and federal building and health and safety standards.
C.
A Registered Marijuana Dispensary shall not be located in buildings that contain any medical doctor's offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.
D.
The hours of operation of Registered Marijuana Dispensaries shall be set by the Special Permit Granting Authority, but in no event shall said Facilities be open for retail business between the hours of 7:00 PM and 8:00 AM.
E.
No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a Registered Marijuana Dispensary.
F.
No Registered Marijuana Dispensary shall be located inside a building containing residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a van or truck.
G.
Signage for the Registered Marijuana Dispensary shall include the following language: "Registration card issued by the MA Department of Public Health required." The required text shall be a minimum of two inches in height.
H.
Registered Marijuana Dispensaries shall provide the Carver Police Department, Building Commissioner and the Planning Board with the names, phone numbers and email addresses of all management staff and key holders to whom one can provide notice if there are operating problems associated with the establishment.
§ 290-4-11.6 Special Permit Requirements.
A.
A Registered Marijuana Dispensary shall only be allowed by special permit from the Carver Planning Board in accordance with Massachusetts General Laws, Chapter40A, section9, subject to the following statements, regulations, requirements, conditions and limitations.
B.
A special permit for a Registered Marijuana Dispensary shall be limited to one or more of the following uses that shall be prescribed by the Planning Board:
(1)
cultivation of Marijuana for Medical Use (horticulture) except that sites protected under Massachusetts General Laws, Chapter 40A, Section 3 shall not require a special permit;
(2)
processing and packaging of Marijuana for Medical Use, including Marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments, and other products; and/or
(3)
retail sale or distribution of Marijuana for Medical Use to Qualifying Patients and any other persons so permitted by DPH regulations.
C.
In addition to the application requirements set forth in §§ 290-4-11.5 and 290-4-11.6 of this Bylaw, a special permit application for a Registered Marijuana Dispensary shall include the following:
(1)
the name and address of each owner of the dispensary;
(2)
copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility;
(3)
evidence of the Applicant's right to use the site of the facility for the facility, such as a deed, or lease;
(4)
if the Applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, Administrators, directors, officers, or other similarly-situated individuals and entities and their addresses. If any of the above are entities rather than persons, the Applicant must disclose the identity of the owners of such entities until the disclosure contains the names of individuals;
(5)
a certified list of all parties in interest entitled to notice of the hearing for the special permit application, taken from the most recent tax list of the town and certified by the Town Assessor;
(6)
Proposed security measures for the Registered Marijuana Dispensary, including lighting, fencing, gates and alarms, and the like, to ensure the safety of persons and to protect the premises from theft.
D.
Mandatory Findings. The Planning Board shall not issue a special permit for a Registered Marijuana Dispensary unless it finds that:
(1)
the facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in G.L. c. 40A, § 11;
(2)
the facility demonstrates that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in compliance with all applicable state laws and regulations; and
(3)
the Applicant has satisfied all of the conditions and requirements of §§ 290-4-11.5 and 290-4-11.6 herein;
E.
Annual Reporting. Each Registered Marijuana Dispensary permitted under this Bylaw shall as a condition of its special permit file an annual report to and appear before the Special Permit Granting Authority and the Town Clerk no later than January 31st, providing a copy of all current applicable state licenses for the facility and/or its owners and demonstrate continued compliance with the conditions of the Special Permit.
F.
A special permit granted under this article shall have a term limited to the duration of the applicant's ownership of the premises as a Registered Marijuana Dispensary. A special permit may be transferred only with the approval of the Special Permit Granting Authority in the form of an amendment to the special permit with all information required in this Article 4-11.
G.
The Board shall require the applicant to post a bond or other form of security acceptable to the Board prior to obtaining a building permit. The purpose of the bond or other security is to cover costs for the removal of the Registered Marijuana Dispensary in the event the Town must remove the facility. The value of the bond or other security shall be based upon the ability to completely remove all the items noted in § 290-4-11.7B and properly clean the facility at prevailing wages. The value of the bond shall be developed based upon the applicant providing the Planning Board with three (3) written bids to meet the noted requirements. An incentive factor of 1.5 shall be applied to all bonds to ensure compliance and adequate funds for the town to remove the facility at prevailing wages.
§ 290-4-11.7 Abandonment or Discontinuance of Use.
A.
A special permit shall lapse if not exercised within one year of issuance.
B.
A Registered Marijuana Dispensary shall be required to remove all material, plants equipment and other paraphernalia:
(1)
prior to surrendering its state issued licenses or permits; or
(2)
within six months of ceasing operations; whichever comes first.[1]
[1]
Editor's Note: Original Sec. 4970, Temporary Moratorium on Non-Medical or Recreational Marijuana Establishments, which immediately followed this subsection, expired 6-30-2019 and was deleted from the Zoning Bylaw 4-11-2023 ATM by Art. 34. See now Art. 4-12.
§ 290-4-12.1 Purpose.
To provide for the placement of Non-Medical Marijuana Establishments, in accordance with An Act To Ensure Safe Access to Marijuana, c.55 of the Acts of 2017 and all regulations which have or may be issued by the Cannabis Control Commission, including, but not limited to 935 CMR 500.000 implementing this Act, in locations suitable for such uses, which will minimize adverse impacts of Non-Medical Marijuana Establishments on adjacent properties, residential neighborhoods, schools, playgrounds, public beaches and other locations where minors congregate by regulating the siting, design, placement, security, and removal of Non-Medical Marijuana Establishments.
§ 290-4-12.2 Establishment.
A.
There shall be two Non-Medical Marijuana Overlay Districts ("NMOD"); Non-Medical Marijuana Overlay District/Cultivation and Processing ("NMOD/CP") and Non-Medical Marijuana Overlay District/Retail ("NMOD/R"). The boundaries of both NMOD/CP and NMOD/R are shown on the Zoning Map on file with the Town Clerk and shall comprise the following parcels, as set forth on the maps of the Town Board of Assessors:
(1)
NMOD/CP:
Map | Lot | Ext | Map | Lot | Ext | Map | Lot | Ext | Map | Lot | Ext | Map | Lot | Ext |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
20 | 1 | 21 | 2 | A | 22 | 10 | 24 | 1 | 25 | 1 | ||||
12 | 10 | 1 | 2 | 1 | A | |||||||||
13 | 11 | 3 | 2 | N | ||||||||||
14 | 3 | 3 | 1 | 4 | ||||||||||
2 | 3 | 1 | 3 | 2 | 4 | A | ||||||||
2 | 1 | 3 | A | 4 | B | |||||||||
3 | 3 | B | 4 | C | ||||||||||
22 | 4 | 25 | 5 | |||||||||||
5 | A | |||||||||||||
5 | B | |||||||||||||
5 | C | |||||||||||||
5 | D | |||||||||||||
5 | E | |||||||||||||
7 | A |
(2)
NMOD/R:
Map | Lot | Ext | Map | Lot | Ext | Map | Lot | Map | Lot | Ext | Map | Lot | Ext | Map | Lot |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
94 | 6 | 95 | 4 | A | 98 | 6 | 126 | 21 | 127 | A | 3 | 128 | 1 | ||
6 | A | 3 | 6-A | 24 | A | 2 | 6 | ||||||||
5 | 3 | A | 4 | 25 | A | 1 | 7 | ||||||||
3 | 3 | 1 | 5 | 35 | 6 | 8 | |||||||||
2 | 7 | 3 | 36 | 1 | 8 | ||||||||||
1 | 1 | 1 | 10 | 1 | |||||||||||
11 | 6 | A | 8 | 10 | |||||||||||
13 | 11 | ||||||||||||||
9 | 12 | ||||||||||||||
8 | 21 | ||||||||||||||
22A | 2 | ||||||||||||||
22A | 1 |
B.
Within the NMOD/CP and NMOD/R, all requirements of the underlying zoning district remain in effect, except where these regulations provide an alternative to such requirements. Land within the NMOD/CP and NMOD/R may be used for any state-licensed Non-Medical Adult Use Marijuana Establishment, in which case the requirements set forth in this article shall apply. Land in either the NMOD/CP and/or NMOD/R may be used for a use allowed in the underlying district, in which case the requirements of the underlying district shall apply. If the provisions of the NMOD/CP and/or NMOD/R are silent on a zoning regulation, the requirements of the underlying district shall apply. If the provisions of the NMOD/CP and/or NMOD/R conflict with the requirements of the underlying district, the requirements of the NMOD/CP and/or NMOD/R shall control.
§ 290-4-12.3 Definitions.
Where not expressly defined in the Zoning Bylaws, terms used in this article of the Bylaw shall be interpreted as defined in G.L. c.94I and G.L. c.94G and any regulations issued by the Cannabis Control Commission implementing these laws, and otherwise by their plain language.
INDEPENDENT TESTING LABORATORY
Means a laboratory that is licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the Adult Use of Marijuana that is: (i) accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the commission; (ii) independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and (iii) qualified to test marijuana in compliance with 935 CMR 500.160 and M.G.L. c.94C, § 34.
MARIJUANA CULTIVATOR
Means an entity licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the Adult Use of Marijuana to cultivate, process and package marijuana, to deliver marijuana to Marijuana Establishments and to transfer marijuana to other Marijuana Establishments, but not to consumers.
MARIJUANA DELIVERY-ONLY RETAILER
Means an entity licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the Adult Use of Marijuana that does not provide a retail location accessible to the public, but is authorized to deliver directly from a marijuana cultivator facility, craft marijuana cultivator cooperative facility, marijuana product manufacturer facility, or micro-business.
MARIJUANA ESTABLISHMENT
Means a marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of marijuana-related business licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the Adult Use of Marijuana.
MARIJUANA PRODUCT MANUFACTURER
Means an entity licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the Adult Use of Marijuana to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to Marijuana Establishments and to transfer marijuana and marijuana products to other Marijuana Establishments, but not to consumers.
MARIJUANA RETAILER
Means an entity licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the Adult Use of Marijuana to purchase and deliver marijuana and marijuana products from Marijuana Establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to Marijuana Establishments and to consumers.
MEDICAL MARIJUANA TREATMENT CENTER
Means an entity licensed by the Department of Public Health or the Cannabis Control Commission under a medical use marijuana license that acquires, cultivates, possesses, processes, transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials for the benefit of registered qualifying patients or their personal caregivers in the treatment of debilitating medical conditions or the symptoms thereof.
§ 290-4-12.4 Number of Licenses.
Only 2 Marijuana Retailers will be allowed to operate in the NMOD/R at one time.
§ 290-4-12.5 Location and Dimensional Controls.
A.
Non-Medical Marijuana Establishments may be permitted in the NMOD/CP and/or NMOD/R pursuant to a Special Permit and Site Plan Approval.
B.
Non-Medical Marijuana Establishments may not be located within 500 feet of the following pre-existing uses:
(1)
Public or private school providing education in pre-school, kindergarten and/or grades 1 through 12;
(2)
State-licensed Child Care Center, as defined in M.G.L. Chapter 15D; or
(3)
Library, playground, public park, public beach, religious facility, youth center; or similar facility in which minors commonly congregate for a particular purposes in a structured and scheduled manner.
The distance under this section shall be measured in a straight line from the nearest point of the property line of the protected uses identified above to the nearest point of the property line of the proposed Non-Medical Marijuana Establishment. |
C.
Cultivation and processing facilities located within the NMOD/CP shall be separated from adjacent uses by a 50-foot buffer strip, unless the applicant can demonstrate, and the Planning Board finds, that adequate buffering can be provided in a narrower buffer strip.
D.
Non-Medical Marijuana Establishments shall be located only in a permanent building and not within any mobile facility. All sales shall be conducted either within the building or by home delivery pursuant to applicable state regulations.
E.
Unless explicitly stated otherwise, Non-Medical Marijuana Establishments shall conform to the dimensional requirements applicable to non-residential uses within the underlying zoning district.
F.
Non-Medical Marijuana Establishments shall conform to the signage requirements of Article 3-5 of the Zoning Bylaw. The Planning Board may impose additional restrictions on signage, as appropriate, to mitigate any aesthetic impacts.
§ 290-4-12.6 Special Permit.
A.
Procedure: The Planning Board shall be the Special Permit Granting Authority (SPGA) and shall conduct Site Plan Review for an applicant for a Non-Medical Marijuana Establishment.
(1)
Application: In addition to the materials submission requirements of Article 3-1 and Article 5-3, the applicant shall also include:
(a)
A detailed floor plan of the premises of the proposed Non-Medical Marijuana Establishment that identifies the square footage available and describes the functional areas of the facility;
(b)
Detailed site plans that include the following information:
[1]
Compliance with the requirements for parking and loading spaces, for lot size, frontage, yards and heights and coverage of buildings, signage and all other provisions of this Bylaw;
[2]
Convenience and safety of vehicular and pedestrian movement on the site to provide secure and safe access and egress for clients and employees arriving to and from the site;
[3]
Convenience and safety of vehicular and pedestrian movement off the site, if vehicular and pedestrian traffic off-site can reasonably be expected be substantially affected by on-site changes;
[4]
Adequacy as to the arrangement and the number of parking and loading spaces in relation to the proposed use of the premises, including designated parking for home delivery vehicle(s), as applicable;
[5]
Site design such that it provides convenient, secure and safe access and egress for clients and employees arriving to and from the site.
[6]
Design and appearance of proposed buildings, structures, freestanding signs, screening and landscaping; and
[7]
Adequacy of water supply, surface and subsurface drainage and light.
(c)
a description of the security measures, including employee security policies;
(d)
a copy of the emergency procedures;
(e)
a copy of proposed waste disposal procedures; and
(f)
a copy of all licensing materials issued by the Cannabis Control Commission, and any materials submitted to these entities by the applicant for purposes of seeking licensing to confirm that all information provided to the Planning Board is consistent with information provided to the Cannabis Control Commission, as applicable.
(g)
a notarized statement signed by the Non-Medical Marijuana Establishment organization's Chief Executive Officer disclosing all of its designated owners, including officers, directors, partners, managers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the Applicant must disclose the identity of all such responsible individual persons.
(2)
The SPGA shall refer copies of the application to all Town departments and boards/commissions, including but not limited to the Building Department, Fire Department, Police Department, Board of Health, and the Conservation Commission.
(3)
After notice and public hearing in accordance with Article 3-1 and Article 5-3 of the Bylaw and consideration of application materials, consultant reviews, public comments, and the recommendations of other town boards and departments, the SPGA may act upon such a permit and request for site plan approval.
B.
Special Permit Conditions on Non-Medical Marijuana Establishments: The SPGA shall impose conditions reasonably appropriate to improve site design, traffic flow, public safety, protect water quality, air quality, and significant environmental resources, preserve the character of the surrounding area and otherwise serve the purpose of this article. In addition to any specific conditions applicable to the applicant's Non-Medical Marijuana Establishment, the SPGA may include the following conditions in any special permit granted under this Bylaw:
(1)
Hours of Operation, but if none are specified in the special permit, hours of operation shall be limited to 9:00 a.m. - 8:00 p.m. Monday through Saturday and 12:00 p.m. to 6:00 p.m. on Sundays
(2)
The use shall not generate outside odors from the cultivation or processing of marijuana and marijuana products.
(3)
A Security Plan shall be required for all Non-Medical Marijuana Establishments, which shall be subject to approval by the Fire and Police Chiefs and submitted to the Planning Board.
(4)
The permit holder shall provide to the Zoning Enforcement Officer and Chief of the Police Department, the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder.
(5)
Non-Medical Marijuana Establishment may not operate, and the special permit will not be valid, until the applicant has obtained all licenses and permits issued by the Commonwealth of Massachusetts and any of its agencies for the facility.
(6)
Non-Medical Marijuana Establishments may not operate, and the special permit will not be valid, until the applicant has entered into a Host Community Agreement with the Town relative to any facility permitted under this Bylaw.
(7)
A special permit granted under this article shall have a term limited to the duration of the applicant's ownership and use of the premises as a Non-Medical Marijuana Establishment. A special permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special permit.
(8)
The special permit shall lapse upon the expiration or termination of the applicant's license by the Cannabis Control Commission.
(9)
The permit holder shall notify the Zoning Enforcement Officer and SPGA in writing within 48 hours of the cessation of operation of the Non-Medical Marijuana Establishment's expiration or termination of the permit holder's license with the Cannabis Control Commission.
(10)
No outside storage is permitted.
(11)
If the applicant is not the owner of the property, the applicant shall supply express written permission from the property owner.
(12)
Unless otherwise specified in the special permit, marijuana cultivators shall use organic fertilizer.
§ 290-4-12.7 Prohibition Against On-Site Consumption.
No marijuana shall be smoked, eaten, or otherwise consumed or ingested in public or on the premises of a Non-Medical Marijuana Establishment absent a positive vote by ballot question presented to the voters of the city or town at a biennial state election pursuant to G.L. c.94G, s.3(b).
§ 290-4-12.8 Prohibition Against Nuisances.
No use shall be allowed in the MOD which creates a nuisance to abutters or to the surrounding area, or which creates any hazard, including but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive sound or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.
§ 290-4-12.9 Abandonment and Discontinuance of Use.
A.
A Non-Medical Marijuana Establishment shall be required to remove all material, plants, equipment, signs and other paraphernalia upon registration or licensure revocation, expiration, termination, transfer to another controlling entity relocation to a new site and any other cessation of operation as regulated by the Cannabis Control Commission. Such removal will be in compliance with 105 CMR 725.105 (J), (O.)[1] and regulations from the CCC; and
[1]
Editor's Note: See now 935 CMR 500.000 et seq.
B.
A Special Permit granted hereunder shall lapse if the applicant ceases marijuana establishment operations for a period of ninety (90) days and/or if the applicant's license by the Cannabis Control Commission has been revoked, expires, is terminated, is transferred to another controlling entity or is relocated to a new site;
