Cummington City Zoning Code

Affordable Housing Unit: A dwelling unit that is affordable to and occupied by a low or moderate income household and meets the requirements of the Local Initiative Program or other requirements for inclusion on the Chapter 40B Subsidized Housing Inventory.

Affordable Housing Restriction: A covenant agreement, deed restriction, or other legal instrument, acceptable in form and substance to the Town of Cummington, that effectively restricts occupancy of an affordable housing unit to a qualified purchaser or qualified renter, and which provides for administration, monitoring and enforcement of the restriction during the term of affordability. An affordable housing restriction shall run with the land in perpetuity or for the maximum period of time allowed by law, so as to be binding on and enforceable against any person claiming an interest in the property. An affordable housing restriction shall be enforceable under the provisions of M.G.L. c.184, Section 32, and be approved by the Department of Housing and Community Development.

Local Initiative Program: A program administered by the Massachusetts Department of Housing and Community Development (DHCD) pursuant to 760 CMR 45.00 to develop and implement local housing initiatives that produce low-and moderate-income housing.

Low-or Moderate Income Household: A household with income at or below 80% of area median income, adjusted for household size, for the metropolitan or non-metropolitan area that includes the Town of Cummington as determined annually by the United States Department of Housing and Urban Development (HUD).

Maximum Affordable Purchase Price or Rent: A selling price or monthly rent, exclusive of utilities, that meets the maximum purchase price or rent guidelines of the Local Initiative Program or other programs qualifying dwelling units for inclusion on the Subsidized Housing Inventory.

Qualified Purchaser: A low or moderate income household that purchases and occupies an affordable housing unit as its principal residence.

Qualified Renter: A low or moderate income household that rents and occupies an affordable housing unit as its principal residence.

Subsidized Housing Inventory: The Department of Housing and Community Development Chapter 40B Subsidized Housing Inventory as provided in 760 CMR 31.04.

Animal Feed Lot: A relatively small, confined land area for fattening cattle or holding temporarily for shipment.

Aquifer: Geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable waters.

Common Area: Any land area, other than Open Space, set aside for common ownership as a result of an FROSD, including areas Common Facilities.

Common Facilities: Built facilities, which are commonly owned by the property owners within an FROSD. Common Facilities may be proposed but are not required. They may include but not be limited to: streets, rights of way, common buildings, wells, water and waste treatment systems, and recreation facilities.

Flexible Residential Open Space Development (FROSD): A form of residential development where the density of the dwelling units is no greater than would be permitted in the district where the FROSD is located, but where the lot size and other dimensional standards may be reduced in exchange for the preservation of permanently protected open space, recreational land, forests, or other farmland.

FROSD: Flexible Residential Open Space Development

Groundwater: All water found beneath the surface of the ground.

Hazardous Waste: A waste which is hazardous to human health or the environment. Hazardous wastes have been designed by the U.S. Environmental Protection Agency under 40 CFR 250 and the Regulations of the Massachusetts Hazardous Waste Management Act M.G.L., Chapter 21C.

Homeowner’s Association: A private organization (corporation, association, or other legal entity) established by the developer to manage, maintain, support, and finance the common facilities and common area of an FROSD, and to enforce certain covenants and restrictions.

Impervious Surfaces: Materials or structures on or above the ground that do not allow precipitation to infiltrate the underlying soil.

Lot: A single tract of land held in ownership throughout and which is bounded by streets, ponds, waterways, or by land of other owners.

Lot Configuration: The intent of these regulations is to disallow unusually shaped lots for the sole purpose of conforming to the dimensional requirements of this By-Law.

Lot Access: Frontage must have both rights of access and potential safe, year-round practical vehicular access unimpeded by wetlands, topography, or other natural barriers between the public way and a potential building site.

Lot Width: At no point between the front line of the lot and 100' back from the front line, shall the lot width be less than the required frontage.

Open Space: Undeveloped land set aside for common ownership as a result of an FROSD, with conservation easements and other deeded restrictions to ensure that the land will remain permanently open and undeveloped. A condition of FROSD approval is that open space may not be further subdivided.

Cannabis Cultivation:  The use of land and/or buildings for planting, tending, improving, harvesting, processing and packaging, the preparation and maintenance of soil and other media and promoting the growth of cannabis by a cannabis cultivator, micro-business, research facility, craft marijuana cultivator cooperative, registered marijuana dispensary or other entity licensed by the Commission for cannabis cultivation. Such use is not agriculturally exempt from zoning. 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. Note this term is not defined in 935 CMR 500.

Cannabis or Marijuana or Marihuana: All parts of any plant of the genus Cannabis not excepted in 935 CMR 500.002: Cannabis or Marijuana or Marihuana (a) through (c) and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; clones of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in M.G.L. c. 94G, § 1; provided that cannabis shall not include:

(a) the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination;

(b) hemp; or

(c) the weight of any other ingredient combined with cannabis or marijuana to prepare topical or oral administrations, food, drink or other products.

Cannabis or Marijuana Products: Cannabis or marijuana and its products unless otherwise indicated. These include products have been manufactured and contain cannabis or marijuana or an extract from cannabis or marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.

Ceases to Operate: Marijuana Establishment closes and does not transact business for a period greater than 60 days with no substantial action taken to reopen. The Commission may determine that an establishment has ceased to operate based on its actual or apparent termination of operations.

Commission: The Massachusetts Cannabis Control Commission established by M.G.L. c. 10, § 76, or its designee. The Commission has authority to implement the state marijuana laws, which include, but are not limited to, St. 2016, c. 334 as amended by St. 2017, c. 55, M.G.L. c. 94G, and 935 CMR 500.000.

Community Host Agreement: An agreement, pursuant to General Laws, Chapter 94G, Section 3(d), between a Cannabis Establishment and a municipality setting forth additional conditions for the operation of a Cannabis Establishment, including stipulations of responsibility between the parties and a up to 3% host agreement revenue sharing. Note this term is not defined in 935 CMR 500.

Craft Marijuana Cooperative: A Marijuana Cultivator comprised of residents of the Commonwealth and organized as a limited liability company, limited liability partnership, or cooperative corporation under the laws of the Commonwealth. A cooperative is licensed to cultivate, obtain, manufacture, process, package and brand cannabis or marijuana products to transport marijuana to Marijuana Establishments, but not to consumers.

Hemp: The plant of the genus Cannabis or any part of the plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis of any part of the plant of the genus Cannabis, or per volume or weight of cannabis or marijuana product, or the combined percent of delta-9-tetrahydrocannabinoland tetrahydrocannabinolic acid in any part of the plant of the genus Cannabis regardless of moisture content.

Host Community: A municipality in which a Marijuana Establishment is located or in which an applicant has proposed locating an establishment.

Marijuana Independent Testing Laboratory: A laboratory that is licensed by the Commission and is:

(a) accredited to the International Organization for Standardization 17025 (ISO/IEC 17025: 2017) 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;

(b) independent financially from any Medical Marijuana Treatment Center (RMD), Marijuana Establishment or licensee for which it conducts a test; and

(c) qualified to test cannabis or marijuana in compliance with 935 CMR 500.160 and M.G.L. c. 94C, § 34.

Licensee: A person or entity licensed by the Commission to operate a Marijuana Establishment under 935 CMR 500.000.

Manufacture: To compound, blend, extract, infuse or otherwise make or prepare a cannabis or marijuana product.

Marijuana Cultivator: An entity licensed to cultivate, process and package marijuana, and to transfer marijuana to other Marijuana Establishments, but not to consumers. A Craft Marijuana Cooperative is a type of Marijuana Cultivator.

Marijuana Establishment: A Marijuana Cultivator, Craft Marijuana Cooperative, Marijuana Product Manufacturer, Marijuana Retailer, Marijuana Independent Testing Laboratory, Marijuana Research Facility, Marijuana Transporter, or any other type of licensed marijuana-related business, except a medical marijuana treatment center. Marijuana establishments permitted in accordance with these regulations are considered to be a commercial and/or manufacturing use and are not considered being subject to any agricultural exemptions under zoning.

Marijuana Microbusiness: A co-located Marijuana Establishment that can be either a Tier 1 Marijuana Cultivator or Product Manufacturer or both, in compliance with the operating procedures for each license. A Microbusiness that is a Marijuana Product Manufacturer may purchase no more than 2,000 pounds of marijuana per year from other Marijuana Establishments.

Marijuana Process or Processing: To harvest, dry, cure, trim and separate parts of the cannabis or marijuana plant by manual or mechanical means, except it shall not include manufacture as defined in 935 CMR 500.002.

Marijuana Product Manufacturer: An entity licensed to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other Marijuana Establishments, but not to consumers.

Marijuana Research Facility: An entity licensed to engage in research projects by the Commission.

Marijuana Retailer: An entity licensed to purchase and transport cannabis or marijuana product from Marijuana Establishments and to sell or otherwise transfer this product to Marijuana Establishments and to consumers. Retailers are prohibited from delivering cannabis or marijuana products to consumers; and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a Marijuana Establishment.

Marijuana Transporter: An entity, not otherwise licensed by the Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to Marijuana Establishments, but not to consumers. Marijuana Transporters may be an Existing Licensee Transporter or Third Party Transporter.

Medical Marijuana Treatment Center, also known as a Registered Marijuana Dispensary (RMD): A not-for-profit entity registered under 105 CMR 725.100: Registration of Registered Marijuana Dispensaries, that acquires, cultivates, possesses, processes (including development of related products such as edible cannabis or marijuana products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing cannabis or marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers for medical use. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of cannabis or marijuana for medical use.

Propagation: The reproduction of cannabis or marijuana plants by seeds, cuttings, or grafting.

Provisional Marijuana Establishment License: A certificate issued by the Commission confirming that a Marijuana Establishment has completed the application process.

RMD Applicant: A previously Registered Marijuana Dispensary with a final or provisional certificate of registration in good standing with the DPH.

Registered Marijuana Dispensary (RMD): A use operated by a not-for-profit entity registered and approved by the MA Department of Public Health on accordance with 105 CMR 725.000, 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 not-for-profit 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 105CMR 725.00. 

Act: The Telecommunications Act of 1996.

Adequate Coverage: Coverage is considered to be “adequate” within the Coverage Area when the predicted or measured median field strength of the transmitted signal is greater than -95 dbm. It is acceptable for there to be holes within the area of Adequate Coverage where the signal is less the -95 dbm, as long as the signal regains it strength to greater than -95 dbm further away from the Base Station. For the limited purpose of determining whether the use of a Repeater is necessary or desirable, there shall be deemed not to be Adequate Coverage within said holes. The outer boundary of the area of Adequate Coverage, however, is that location past which the signal does not regain strength of greater than -95 dbm.

Adequate Capacity: Capacity is considered to be “adequate” if the Grade of Service is p.05 or better for a worst-case day in a preceding month. Based on the Erlang B Tables, prior to the date of Application, or as measured using direct traffic measurement of the Personal Wireless Service Facility in question for existing Facilities requesting Major Modification, and where the call blocking is due to frequency contention at the antenna(s).

Antenna: A device which is attached to a Tower, or other structure for transmitting and receiving electromagnetic waves.

Base Station: The primary sending and receiving site in a wireless telecommunications network.

Channel: The segment of the radiation spectrum from an Antenna, which carries one signal. An Antenna may radiate on many Channels simultaneously.

Communication Equipment Shelter: A structure located at a Base Station designed principally to enclose equipment used in connection with Personal Wireless Service transmissions.

Coverage Area: An area extending radially from the base station a distance equal to 75% of the maximum distance that the signal will maintain a strength of -95 dbm.

Dbm: Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced by 1 milliwatt.

Emf: Electromagnetic Frequency Radiation.

Facility Site: A property, or any part thereof, which is owned or leased by one or more Personal Wireless Service Providers and upon which one or more Personal Wireless Service Facilities and required landscaping are located.

Facility/Tower Special Permit (F/Tsp): The Special Permit required to be obtained in order to install any Tower or Personal Wireless Service Facility or for any Major Modification of an existing Facility.

FCC: Federal Communications Commission. The federal agency responsible for regulating telecommunications in the United States.

FCC 96-326: A Report and Order which sets new national standards for emission of Radio-Frequency emissions from FCC-regulated transmitters. This Report and Order is now contained with title 47 Regulations, Section 1 & 1.1307.

Grade Of Service: A measure of the percentage of calls, which are able to connect to the Base Station, during the busiest hour of the day. Grade of Service is expressed as a number, such as p. 05 - which means that 95% of callers will connect on their first try. A lower number (p. 04) indicates a better Grade of Service.

Major Modification Of An Existing Facility: Any change, or proposed change in power input or output, number of Antennas, change in Antenna type or model, repositioning of Antenna(s), change in number of Channels per Antenna above the maximum number approved under an existing Special Permit. Also any increase, or proposed increase in dimensions of an existing and permitted Tower or other structure designed to support Personal Wireless Service transmission, receiving and/or relaying antennas and/or equipment.

Major Modification Of An Existing Repeater: Any removal of or change in location of any Repeater (s) from the Repeater Site(s) for which a Repeater Special Permit has been received.

Monitoring: The measurement, by the use of instruments in the field, of the radiation from a Site as a whole, or from individual Personal Wireless Service Facilities, Towers, Antennas or Repeaters.

Monitoring Protocol: The testing protocol, initially the Cobbs Protocol, which is to be used to monitor the emissions from existing and new Personal Wireless Service Facilities and Repeaters upon adoption of this Article. The Special Permit Granting Authority (SPGA) may, as the technology changes, require, by written regulation, the use of other testing protocols. A copy of the Monitoring Protocol shall be on file with the Town Clerk.

Monopole: A single self-supporting vertical pole with below grade foundations.

Personal Wireless Services: Commercial Mobile Services, unlicensed wireless services, and common carrier wireless exchange access services. These services include cellular services, personal communications services (PCS), Specialized Mobile Radio Services, and Paging Services.

Personal Wireless Service Facility: All equipment (excluding any Repeaters) with which a Personal Wireless Service Provider broadcasts and receives the radio-frequency waves which carry their services and all locations of said equipment or any part thereof. This Facility may be sited on one or more Towers or structure(s) owned and permitted by another owner or entity.

Personal Wireless Services Provider: An entity, licensed by the FCC to provide Personal Wireless Services to individuals or institutions.

Radiation Propagation Studies or Radial Plots: Computer-generated estimates of the radiation emanating from Antennas or Repeaters sited on a specific Tower or structure. The height above mean sea level, power input and output, frequency output, type of antenna, antenna gain, topography of the site and its surroundings are all taken into account to create these simulations.

Repeater: A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas which are not able to receive Adequate Coverage directly from a Base Station.

Repeater Site: The location within the Town of Cummington leased by one or more Personal Wireless Service Providers and upon which one or more Repeater(s) and required camouflage or screening is located.

Repeater Special Permit (RSP): The Special Permit required to be obtained in order to install any Repeater, or for Major Modification Of An Existing Repeater within the Town of Cummington.

Teleport: A multi-user commercial facility utilizing satellite dishes of greater than 2.0 meters in diameter designed to uplink to communications satellites for transmission of data.

Tower: A monopole, lattice, or other structure that is designed to support Personal Wireless Service transmission, receiving and/or relaying antennas and/or equipment.

Prime Agricultural Soils: Agricultural land with soils designated as prime or of statewide significance by the U.S. Natural Resources Soil Service soil surveys.

Primary Aquifer Recharge Area: Areas which are underlain by surficial geologic deposits including glaciofluvial or lacustrine stratified drift deposits or alluvium or swamp deposits, and in which the prevailing direction of groundwater flow is toward the area of influence of public water supply wells.

Road Frontage: The continuous distance along the street lot line between the side lot lines where they intersect with the side line of the maintained public way.

Secondary Aquifer Recharge Area: Areas which are underlain by surficial geologic deposits including till or bedrock in which the prevailing direction of surface water flow is toward public water supply wells or potential sites for such wells.

Sign: Any permanent or temporary structure, banner or other device used as an advertisement, announcement, or direction, or which is designed to attract the eye by any means, including any supporting structure or bracing.

Sign, Accessory: Any sign that advertises, or identifies the occupant of the premises on which the sign is erected or maintained, the businesses transacted thereon, or the products or services available thereon, or which advertise the premises itself or any part thereof for sale or rent.

Sign, Awning: A sign painted on or attached to the cover of a movable metallic frame, of the hinged, roll, or folding type of awning.

Sign, Free-Standing: A self-supporting sign not attached to any building, wall, or fence, but in a fixed location. This does not include portable or trailer type signs.

Sign, Movable: A sign capable of being readily moved or relocated, including portable signs mounted on a chassis and wheels, or supported by legs.

Sign, Multiple Listings: a group of signs clustered together in a single structure or compositional unit.

Sign, Non-Accessory/Billboard: Any sign which advertises or identifies any business product or service which is not located on the same premises on which the sign is erected or maintained, or which advertises the sale or rent of different premises.

Sign, Projecting: A sign which is affixed to a building, tree, or other structure and which extends more than six (6) inches beyond the surface to which it is affixed.

Sign, Roof: A sign which is located above the lowest point of the eaves or the top of the parapet wall of any building, or which is painted on or fastened to a roof.

Sign, Temporary: Any sign, including its support structure, intended to be maintained for a continuous period of not more than thirty (30) days in any calendar year.

Sign, Wall: Any sign which is painted on, incorporated into, or affixed parallel to the wall of a building, and which extends not more than six (6) inches from the surface of that building.

As­of­Right/By-Right Siting: The siting of a development may proceed without the need for a special permit or other discretionary approval. However, development may be subject to site plan review to determine conformance with local zoning ordinances, bylaws, federal and state building codes, and to protect the public health, safety and welfare. Siting of projects cannot be prohibited, but can be reasonably regulated by the local building commissioner, local inspectors, and a designated Site Plan Review Authority.

Building Inspector: The building inspector is also the zoning enforcement officer.

Building Permit: A construction permit issued by an authorized local building commissioner; the building permit affirms that the project is consistent with the state and federal building codes as well as local zoning bylaws.

Rated Nameplate Capacity:The maximum rated output of electric power production of a Photovoltaic system in Direct Current (DC).

Solar Photovoltaic Installation, Roof Mounted: A solar photovoltaic system that is structurally mounted on the roof of a building.

Solar Photovoltaic Installation, Ground Mounted: A solar photovoltaic system that is structurally mounted on the ground and is not roof­mounted.

Solar Photovoltaic Installation, Large­Scale Ground­Mounted:A solar photovoltaic system that is structurally mounted on the ground and is not roof­mounted, and has a rated nameplate capacity greater than 250 KW DC.

Special Permit: A permit issued by a special permit granting authority pursuant to provisions of this bylaw and of Section 9 of the Zoning Act to permit uses, structures or structural alterations which are in harmony with the general purposes of this bylaw and which shall be subject to general of specific provisions as therein set forth and to conditions, safeguards and limitations which may be imposed by the special permit granting authority.

Special Permit Granting Authority: The Special Permit Granting Authority shall be specifically identified in the applicable sections of the Zoning Bylaws. Where the SPGA is not specifically identified, then the Planning Board shall be the SPGA.

Project Proponent: The applicant, property owner, facility developer, operator and management entity, jointly and severally, of a project. Each of the responsible parties shall be responsible for adhering to the requirements set forth in this By­Law.

Site Plan Review: A review by the Site Plan Review Authority to determine conformance with local zoning ordinances or bylaws. Site Plan Review shall follow the same process and requirements of a Special Permit as required under M.G.L. Chapter 40A, Sections 9 and 11. When a Special Permit is also required, the two shall be combined into a single application, process and Decision.

Site Plan Review Authority: The person or group designated as such by the applicable section of the bylaw to perform Site Plan Reviews.

Site Analysis Map: A map, which identifies, locates, and describes noteworthy features to be designed around through sensitive subdivision layouts, such as vegetation, wetlands, steep slopes, farmland soils, historic or cultural features, threatened or endangered species, unusual geological formations, and scenic views or view sheds.

Title V Regulations: 310 CMR 15.000.

Trucking Terminal: Business which services or repairs commercial trucks which are not owned by the business.

Voluntary Sketch Plan: A simple and inexpensive drawing prepared by a professional landscape architect, architect, planner, site designer or engineer, which illustrates conceptual layouts of house lots, streets, conservation areas, and other improvements.

Watershed: Lands lying adjacent to water courses and surface water bodies which create the catchment or drainage areas of such water courses and bodies.

Wetlands: Areas characterized by vegetation described in M.G.L., Chapter 131, Section 40.

Yield Plan: A conceptual plan showing how the parcel could be subdivided in a conventional manner. Determination of the possible number of conventional lots shall be determined by Title V regulations, 310 CMR 15.000.