East Longmeadow City Zoning Code
ARTICLE VIII
Special Permits
§ 450-8.1 General provisions.
A.
Special permits are required for certain uses, structures or conditions as specified in Article III, Schedule of Use Regulations.[1]
[Amended 4-12-2022]
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
B.
Purpose. Special permits are intended to provide detailed review of certain uses and structures which may have substantial impact upon traffic, utility systems and the character of the Town, among other things. The special permit review process is intended to ensure a harmonious relationship between proposed development and its surroundings, and ensure the proposals are consistent with the purpose and intent of this bylaw.
C.
Special permit granting authority (SPGA). The Planning Board shall be the special permit granting authority.
§ 450-8.2 Special permit procedures.
A.
Special permits may be issued by special permit granting authorities in accordance with MGL c. 40A, § 9 and with the following regulations:
(1)
Public hearing.
(a)
Special permits shall only be issued following a public hearing held within 65 days after filing an application with the special permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant. The SPGA shall take final action on an application for special permit within 90 days following the public hearing. Failure to do so shall constitute approval. A vote of at least four members of the Planning Board is required.
[Amended 4-12-2022]
(b)
Projects requiring both site plan review and special permit. The period of review for site plan review and special permit shall be the same as any other special permit and shall conform to the requirements of MGL c. 40A, § 9. Specifically, a joint public hearing to address the special permit application and the site plan review application shall be held within 65 days of the filing of a special permit application with the special permit granting authority (SPGA). The SPGA shall then have 90 days following the public hearing in which to act.
(2)
Application procedures.
(a)
All applications for special permits shall be made in writing on forms furnished by the Planning Board and located in the Planning Board office and shall be accompanied by a site plan when required in accordance with Article III, Schedule of Use Regulations.
(b)
Misrepresentation of any of the required plan items shall be cause to revoke a special permit.
(3)
Quorum requirement. Four members of the Planning Board must be present in order to hold a public hearing. Only members who have attended the public hearing may vote on whether or not to grant a special permit.
[Amended 4-12-2022]
B.
Expiration.
(1)
Construction or operations under a special permit shall conform to any subsequent amendment of this bylaw unless the use or construction is commenced within a period of six months after issuance of the permit; additionally, in cases involving construction begun within such six-month period, such construction shall be continued through to completion as continuously and expeditiously as is reasonable.
(2)
A special permit granted under this section shall lapse after a period of one year has passed if substantial use 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. This period shall not include such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17.
[Amended 4-12-2022]
C.
Application and review procedures.
(1)
The size, form, contents and style of plans and specifications required as part of an application for a special permit are available in the Planning Board office.
(2)
Upon receipt of an application, the SPGA shall submit one copy of said application and plan to the Board of Appeals, the Planning Board, the Board of Health and the Conservation Commission for their review. Said Boards and Commission shall, within 30 days, make recommendations as they deem appropriate and shall send copies thereof to the SPGA and to the applicant in accordance with MGL c. 40A, § 11.
(3)
The SPGA may also, at its discretion, transmit copies to the Superintendent of Public Works for review within 30 days in accordance with MGL c. 40A, § 11. Special permit requests for used motor vehicle storage or sales must be transmitted to the Department of Public Works for review and comment under these provisions. The decision of the SPGA shall be made only after obtaining and considering the recommendations of other appropriate Town boards, commissions, departments and agencies.
D.
Modification, amendment, renewal or revocation.
(1)
The SPGA shall have the authority to modify, amend or review its approval of a special permit upon written application of the owner, lessee or mortgagee of the premises; provided, however, that such action is consistent with the purpose and intent of this bylaw, and a public hearing has been held.
(2)
The SPGA, subsequent to the granting of a special permit, or any extension, modification or renewal thereof, shall retain the right to revoke said special permit, or the extension, modification or renewal thereof, upon its determination that the use or construction authorized by the granting, extension, modification or renewal of the special permit does not conform to the general or specific provisions set forth in this bylaw pertinent to the particular special permit under consideration. The SPGA shall conduct a meeting for the purpose of deciding whether or not to revoke a special permit, or any extension, modification or renewal thereof, and shall notify the holder of any such permit of the time and place of such a meeting and shall afford the holder of the special permit the opportunity to present its position to the SPGA. Not later than 20 days after the completion of any such meeting, the SPGA shall send written notice to the holder of the special permit of its decision.
E.
Transfer. Where a special permit involving the construction of buildings has not been implemented by substantial construction, said permit shall not pass to future owners of the property without a public hearing and approval of the SPGA.
F.
Document distribution. When a special permit has been granted, one copy each of the decision, conditions and approved plans shall be filed with the Planning Board, the Zoning Board of Appeals, the Town Clerk and the Building Commissioner, and one copy shall be returned to the applicant. The set of documents on file with the Town Clerk shall bear the endorsement of the SPGA and certification that copies of the decision and related plans have been filed in accordance with this section.
G.
Time schedule. A special permit shall only be issued following a public hearing held within 65 days after the SPGA receives the application from the Town Clerk. The SPGA shall act within 90 days following the public hearing. Failure of the SPGA to make final action upon an application for a special permit within said ninety-day period shall be deemed to be a granting of the special permit applied for.
§ 450-8.3 Special permit criteria.
The following general standards and conditions, in addition to the specific standards and conditions set forth in the dimensional and density regulations, shall be met before a special permit can be granted by the special permit granting authority:
A.
The specific site must be an appropriate location for the use, structure or condition.
B.
The use as developed will not adversely affect the neighborhood.
C.
There will be no nuisances, such as noise etc., or safety hazards created.
D.
Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
E.
Appropriate screening by walls, fences, planting or other devices shall be provided for parking areas.
F.
Exterior features or appearance will not be detrimental to the surrounding neighborhood.
G.
Number and design of access drives and traffic features shall be adequate for intended use.
H.
Uses must be in harmony with the general purpose and intent of the Zoning Bylaws.
I.
All required state and local licenses must be acquired and kept current. Failure to meet this criterion is grounds for revocation of the special permit by the special permit granting authority.
[Added 6-15-2021]
§ 450-8.4 Earth removal operations.
In all zoning districts, the following uses may be allowed only under a special permit, which may be issued under specified terms and conditions granted by the SPGA after a public hearing:
A.
The removal, from any site, for profit or benefit or for any other purpose, of gravel, sand, loam or any other earth material, provided:
[Amended 4-12-2022]
(1)
No material is removed below the average grade of the nearest public or private way.
(2)
No adverse effect is caused within abutting private or public property.
(3)
At the conclusion of the operation or of any substantial portion thereof, the whole area where removal takes place shall be covered with not less than four inches of loam and seeded with suitable cover crop.
(4)
The applicant for such special permit shall submit a plan to the SPGA indicating:
(a)
Existing grades in the area from which the above material is to be removed, together with finished grades at the conclusion of the operation with grade contour intervals shown at no more than two feet.
(b)
The provision for proper drainage of the area of the operation, both during the operation and after its completion.
(c)
That no bank or cut shall exceed a slope of one foot of vertical rise in two feet of horizontal distance.
(d)
The grades of the nearest public or private way.
(e)
The grades within any abutting private or public property.
Such plan shall be signed and sealed by a professional engineer in conformity with applicable laws of the commonwealth. |
(5)
In any district, gravel, sand, loam or other earth material may be removed from the area covered by a building or other construction operation, as evidenced by a current and valid building permit, provided that if such material is removed from the site in consideration of profit or benefit or for any other purpose, a special permit is required. In the area affected by such operation, no less than four inches of loam shall remain, or be brought in and spread, and provided that the entire open area disturbed is seeded with a suitable cover crop. Filled areas shall be properly drained and covered in the same manner.
[Amended 4-12-2022]
(6)
Removal of gravel, sand, loam or other earth material from any portion of any premises which is not part of a building or construction operation as evidenced by a current and valid building permit shall be prohibited unless allowed by the issuance of a special permit in accordance with the foregoing procedure.
[Amended 4-12-2022]
B.
The following earth removal operations are exempt from the requirements of Subsection A:
(1)
Residential driveway construction.
(2)
Single-house lot development which involves the removal of earth materials.
[Amended 4-12-2022]
(3)
Earth removal operations conducted by the Town of East Longmeadow.
(4)
Portable wood-working mills and machinery, while operating exclusively upon timber being removed from the property upon which said mills and machinery are located and operated for commercial gain, provided that the disposal and disposition of the debris left after such operation is conducted in accordance with applicable Massachusetts General Laws.
§ 450-8.5 Family home day-care uses.
[Amended 4-12-2022]
In Residence Districts, family home day-care may be allowed by special permit. The SPGA shall not grant or renew a special permit for the use, construction, extension or modification of a family home day-care unless:
§ 450-8.6 Hospitals, sanitariums, medical clinics, convalescent homes, assisted-living and nursing homes, congregate elderly and handicapped housing.
A.
In Residence Districts, the SPGA shall not grant or renew a special permit for the use, construction, extension or modification of a hospital, sanitarium, medical clinic, convalescent home, assisted-living facility, congregate elderly and handicapped housing or nursing home unless the standard conditions enumerated in § 450-8.3 are met and unless the following specific standards and conditions are also met:
B.
A plan of development shall be submitted to the SPGA for review, and such plan must be approved by said SPGA before a building permit shall be issued. The SPGA, in reviewing such plan, shall obtain and consider the recommendations of the various Town boards and commissions. In review of such plan, the following standards shall be met:
(1)
The proposed uses should complement and be in harmony with the existing and probable future character of the neighborhood.
(2)
Main and accessory buildings shall be located in relation to one another and in relation to other structures in the vicinity to provide efficient pedestrian and vehicular access and circulation, and to create harmonious appearance. No building shall be built within 50 feet of any property line.
(3)
The plan of development shall show a twenty-foot landscaped buffer zone between buildings, roads, parking areas and any other adjacent property.
(4)
The plan shall provide, within the site, efficient traffic circulation and adequate parking (amount, location and access). The plan of development shall not create excessive traffic load or circulation problems on existing adjacent or nearby streets.
(5)
Sufficient domestic water and sanitary sewage disposal facilities shall be available.
(6)
The development shall be designed so as to protect adjacent property and the neighborhood in general from detrimental effects.
(7)
The proposed use is essential or desirable to the public convenience or welfare.
(8)
Compliance with local, state and federal laws and regulations or agencies thereof.
(9)
The special permit granting authority may require any additional information needed to permit a thorough review.
§ 450-8.7 Used car lots.
[Amended 4-12-2022]
In the Business District, used car lots may be allowed by special permit. The SPGA may issue a special permit allowing buildings, structures or land to be used for the sale of, and storage for sale of, used motor vehicles. Issuance of said special permit shall be subject to the general standards and conditions enumerated in § 450-8.3 and the following provisions:
A.
This use will only be allowed in a Business District, as indicated on the Zoning Districts Map identified in § 450-2.1.
B.
The lot shall have a minimum of 20,000 square feet with a minimum of 150 feet frontage on an accepted way.
C.
Not more than 75% of the lot shall be occupied by buildings, parking area or other facilities. At least 25% of the lot area shall be left as green open space.
D.
Buildings, structures or any of their appurtenances or accessory uses shall hereafter be erected not less than 100 feet from any Residence District. Such buildings shall have no entrances or exits for motor vehicles within a radius of 300 feet measured from the nearest point of such entrances or exits in any direction to the property of any school, library, church, playground, public building, park, recreation center, social or community center or any institution for the sick, handicapped or feeble. No building, structure or any of their appurtenances or accessory uses shall be placed so that their entrances or exits constitute a potential traffic hazard, and such entrances and exits to public ways of the Town of East Longmeadow shall be approved by the Department of Public Works as to locations and construction, and approved by the Planning Board as to their conformity with the intent and purpose of this bylaw. A plot plan for any such use as described herein shall be reviewed by the Town Manager and the Department of Public Works prior to the issuance of a building permit or the occupancy or use of land for the purpose described in this section.
E.
No part of any building or structure shall be erected or altered so as to be less than 25 feet from the street line. Side yards and a rear yard shall not be required for a business building or structure, except as required in Subsection D above. The 15 feet of such rear or side yard nearest to the Residence District shall be left as a natural wooded buffer, or if none exists, shall be landscaped by providing trees, shrubs or fencing to provide a practical buffer between the two districts. The establishment of this buffer strip shall be an integral part of any required parking plan.
F.
Building area shall not exceed 25% of the lot area. Plot plans must be submitted to the Planning Board for approval of parking provisions in all cases, and to the Department of Public Works in accordance with the General Bylaw of the Town of East Longmeadow, Chapter 416, Vehicles and Traffic, § 416-3, where applicable.
§ 450-8.8 Home-based trade.
In residential districts: The special permit granting authority (hereinafter referred to as the "SPGA") may issue a special permit allowing a home-based trade operation (see Article XI, Definitions, "home-based trade"). The availability of this special permit will be limited to those residential zone home-based trade operations in existence in a residential district as of the date of the first publication of notice for the public hearing to amend this § 450-8.8, which is January 28, 2008. Issuance of the special permit shall be subject to the general standards and conditions enumerated in § 450-8.3 of this bylaw and the following provisions:
A.
This use will only be allowed in Residence Districts AA, A, B and C.
B.
Any person wishing to obtain a special permit for this limited use must present satisfactory documentation, as determined by the SPGA, which validates the applicant's ownership of and residence at the property and business existence and operation in the residential district as of the date of the first public notice for the public hearing for this section, which is January 28, 2008. Documentation may include, but is not limited to, paid excise tax bills on the business vehicles validating existence at the residential site.
C.
These specific uses will terminate upon the termination of the existing operation as approved and permitted or upon the sale of the property to a non-family member. Said business is not transferable to anyone other than an immediate family member as defined in Article XI of this bylaw.
D.
All eligible applications for special permit for this limited use must be filed with the Planning Board office on or before December 31, 2008.
E.
The special permit application shall include a site plan designating lot size, existing structures, vehicle/parking footprint, storage area, vehicle access and egress from the rear property and placement of required screening. "Vehicle" references throughout this section refers to home-based trade vehicles, unless otherwise specified. All dimensional regulations (Table 3-2[1]) for residential districts remain in effect for residential parcels acquiring a home-based trade. All vehicles and trailers are to be listed as to type and size, as well as any outside storage of equipment and wheeled accessories (see Article XI, Definitions, "trailer" and "wheeled accessory"). All materials and chemicals as well as all hazardous materials are to be listed and in compliance with the East Longmeadow Zoning Bylaws and the East Longmeadow Fire Department regulations.
[1]
Editor's Note: Table 3-2 is included as an attachment to this chapter.
F.
Outside storage of materials or equipment required by the home-based trade shall not exceed 6% of the lot size, excluding wetland resource areas as defined by the Wetland Protection Act (MGL c. 131, § 40). Said storage shall be garaged or properly screened from sight of abutting properties and ways (as determined by the SPGA) to the rear of the principal building. Storage containers and trailer beds and/or trailer bodies shall not be permitted.
G.
Not more than 20% of the habitable floor area within the principal building shall be dedicated for the business use. Said area is to be designated on a site plan approved by the SPGA and made a part of said special permit.
H.
The number of employees' vehicles allowed at the residential home-based trade business location shall be limited to the number of trade vehicles permitted on the site, as conditioned by the special permit.
I.
No retail or wholesale activities shall be allowed on the premises.
J.
No fabrication of subassemblies or manufacturing of any type shall be allowed on the lot.
K.
No signage (other than logos on company vehicles) shall be allowed.
L.
Presence of the business shall not be apparent from the street.
M.
The hours of operation shall be permitted from 7:00 a.m. to 8:00 p.m., Monday through Saturday, to get crews and material off-site in the morning and return in the evening, with all work being performed off-site, with no operation on-site on Sunday. Emergencies and/or weather responses involving the health and welfare of the citizens are exempt from the conditions of this subsection. Said emergencies shall be determined by the SPGA.
N.
Noise regulations enumerated in the East Longmeadow General Bylaws Chapter 363, Noise, shall be applicable to any special permit issued under this section. Vehicles with back-up signal alarms shall be placed so as not to activate during the early morning or late night hours in the case of emergency and/or weather responses.
O.
Idling of vehicles shall not exceed the five-minute maximum limit as regulated by MGL c. 90, § 16A.
P.
Vehicle and equipment repairs are limited to those that are related to the home-based trade and approved for the site as conditioned through the special permit. All repairs are to be done only within a garage or accessory structure, not to cause any disturbing noise or air pollution to the neighborhood. As required by Chapter 363, Noise, of the East Longmeadow General Bylaws, repairs shall take place between the hours of 7:00 a.m. to 8:00 p.m., Monday through Saturday, with no activity on Sunday.
Q.
The number of trade vehicles and/or trailers shall be limited as follows:
Lot Size Minimum (square feet) | Maximum Number of Vehicles/Trailers Allowed |
|---|---|
10,000 | 1 trade vehicle and 1 trailer |
20,000 | 2 trade vehicles and 2 trailers |
30,000 | 3 trade vehicles and 3 trailers |
40,000 | 4 trade vehicles and 4 trailers |
60,000 and above | 5 trade vehicles and 5 trailers |
R.
The size of trade vehicles shall be limited to six wheels/two axles maximum. The maximum wheel base length shall be 210 inches, and the maximum trailer bed and/or body length shall not exceed 22 feet in length, nor exceed 13 feet six inches in height, as regulated by the Department of Transportation. Ten-wheeled vehicles, dry van/box trucks or any tractor-trailer vehicles are not permitted.
S.
The vehicle footprint for trade vehicles and/or trailers is as follows: All vehicles and/or trailers shall be located to the rear of the principal building and said location shall adhere to the established setbacks of the principal building, as required for the appropriate residential district in which the home-based trade is located. In the case of a corner lot, the side yard facing a public way shall adhere to the front yard setback. (See Article XI, Definitions, "corner lot.")
T.
All vehicles must be garaged and/or screened to the rear of the principal building. No on-street parking, as it relates to the home-based trade, shall be allowed. The parking of employee vehicles is limited to the number of trade vehicles, exclusive of trailers, approved for the site. When trade vehicles are in use, the trade vehicle footprint may be occupied with employee vehicles. The footprint for employee parking shall not exceed the footprint for trade vehicles, as approved through the special permit and shown on the plan.
U.
All vehicles, equipment and storage materials must be screened to prevent being seen from street view and that of the abutting properties. All storage, which includes vehicles and equipment, is to be properly screened to the rear of the principal building. Screening is subject to existing features of the parcel and may include plantings at four feet to five feet minimum, fence material, or some combination. Should fencing be required, it must be installed at the time of the special permit approval.
§ 450-8.9 Registered marijuana dispensaries (RMDs). [1]
A.
Any person or entity seeking to open a new or to maintain an existing RMD facility must:
(1)
Complete an application for a special permit and submit it to the Planning Board, which is the special permit granting authority.
(2)
The special permit for an RMD shall be limited to one or more of the following uses that shall be prescribed by the special permit granting authority:
(a)
Cultivation of marijuana for medical use (horticulture) (special permit not required for sites meeting agricultural exemption standards pursuant to MGL c. 40A, § 3);
(b)
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;
(c)
Retail sale or distribution of marijuana for medical use to qualifying patients; or
(d)
Wholesale sales of marijuana for medical use to other RMDs in Massachusetts.
(3)
In addition to the application requirements set forth in this bylaw, a special permit for an RMD shall include the following:
(a)
The name and address of each owner of the facility;
(b)
Copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility;
(c)
Evidence of the applicant's right to use the site or structure, such as a deed or lease;
(d)
If the applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, 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;
(e)
Proposed security measures for the RMD, including lighting, fencing, gates and alarms, etc. to ensure the safety of persons and to protect the premises from theft; and
(4)
Mandatory findings. The special permit granting authority shall not issue a special permit for an RMD unless it finds that:
(a)
The facility is designed to minimize any adverse visual or economic impact on abutters and other parties in interest (as defined in MGL c. 40A, § 11);
(b)
The facility is fully permitted by all applicable agencies within the Commonwealth of Massachusetts and is in compliance with all applicable state laws and regulations;
(5)
Annual reporting. Each RMD 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 no later than January 1 of each year, providing a copy of all current applicable state licenses for the facility and/or its owners.
(6)
A special permit granted under this section shall have a term limited to the duration of the applicant's ownership of the premises as an RMD.
(7)
Any violation of this section shall be grounds for revocation of a special permit issued under this section.
B.
Waiver. The special permit granting authority, when granting a special permit under this section, may waive setback requirements, provided the applicant submits its request in writing and can demonstrate the proposed site will not have an adverse effect upon the surrounding neighborhood. The special permit granting authority reserves the authority to require the applicant to produce necessary documentation to support its position. Further, a waiver of setback requirements shall require both the affirmative vote of 3/4 of all the members of the special permit granting authority and shall require a separate vote apart from the main vote on the proposed site.
§ 450-8.10 Retail sales in Industrial Garden Park District.
A.
Retail sales as a primary use are prohibited in the Industrial Garden Park District.
[Amended 4-12-2022]
B.
Inside incidental sales shall be allowed, provided that they are related to the merchandise manufactured and that they are ancillary and secondary to the primary use and meet the following specifications:
(1)
The allowed items are to be sold at a counter only. No one from the public is allowed in the main part of the building.
(2)
No more than 10% of the floor area of a business establishment shall be utilized for retail sales activities. In no event shall the area of the retail sales exceed 1,000 square feet.
[Amended 4-12-2022]
(3)
In the event a building is occupied by two or more business establishments, not more than 10% of the floor area of the individual business establishment shall be devoted to retail sales. In no event shall the area of the retail sales exceed 1,000 square feet.
[Amended 4-12-2022]
(4)
An interior floor plan to scale must be submitted with the special permit application, with the area to be devoted to sales clearly defined.
(5)
A list of retail items to be sold shall be provided to and approved by the Planning Board along with the special permit application.
§ 450-8.11 Adult uses.
[Added 2018; amended 4-12-2022]
In addition to the requirements of §§ 450-8.1, 450-8.2 and 450-8.3 of the East Longmeadow bylaws, and for an application for an adult use to be considered complete, the following additional criteria must be met:
A.
Adult uses may not be located:
(1)
Within 1,000 feet of each other;
(2)
Within 1,000 feet of the nearest lot line of a residential district;
(3)
Within 1,000 feet of a place of worship;
(4)
Within 1,000 feet of a school property line or other nonprofit educational use, library or museum;
(5)
Within 1,000 feet of a playground or a park.
B.
Signage must meet all requirements of § 450-5.8 of this bylaw, except that no advertisement, display or other promotional material is to be visible to the public from any public way, including but not limited to pedestrian walkways.
C.
If the adult use allows for the showing of films or videos within the premises, the booths in which the films or videos are viewed shall not be closed off by curtains, doors or screens or any other materials. All shall be clearly seen from the center of the establishment.
D.
The application for the special permit shall contain the following:
(1)
Names and address of the legal owner of the establishment;
(2)
Name and address of all persons having a lawful, equity or security interest in the establishment;
(3)
A sworn statement must be provided stating that neither the applicant nor any person having an equity or security interest in the establishment has been convicted of violating MGL c. 119, § 63 or MGL c. 272, § 28.
(4)
Propose security precautions.
(5)
The number of employees.
E.
No special permit shall be issued under this section to any person convicted of violating MGL c. 119, § 63 or MGL c. 272, § 28.
F.
For the purpose of this bylaw, the term "substantial or significant portion" (See Article XI, "adult use" definitions.) shall mean 10% or more of gross sales for an adult bookstore, adult video store and adult paraphernalia store; and any form or amount of nudity for an adult club.
G.
No obscene matter, material or conduct, as defined in MGL c. 272, § 31, shall be permitted.
H.
Should any provision of this section be declared illegal or unenforceable by the Attorney General or an appeals court, then it shall be deem stricken from the bylaw and the remaining provisions shall remain in full force and effect.
§ 450-8.12 Nonconforming structures or uses in all districts.
A special permit for nonconforming uses is required as set forth under § 450-3.5 of the Zoning Bylaw.
§ 450-8.13 Floodplain District.
In the Floodplain District, a special permit is required for any construction, development or grading of any nature or description within the floodplain as set forth under Article IV of the Zoning Bylaw.
§ 450-8.14 Scientific research and/or development.
Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit, provided the SPGA finds that the proposed accessory use does not substantially derogate from the public good.
§ 450-8.15 Commercial kenneling.
[Added 12-10-2024]
The following standards and conditions shall apply to commercial kennels, as defined in § 450-11.2:
A.
The business owner shall have a kenneling license issued by the Commonwealth of Massachusetts, and shall be in good standing.
B.
The business owner shall follow all relevant local, state, and federal regulations.
C.
In regards to this section (§ 450-8.16), the term “animal” shall refer to cats and dogs exclusively.
D.
The appropriate facilities, enclosures, and safety features shall include (but are not limited to) the following:
(1)
Crates/enclosures appropriately sized to allow for an animal to comfortably stand, turn around, and lay down fully stretched. Such crates/enclosures shall have a raised floor or bedding to keep animals off of the bare floor and/or the bottom of a wire crate.
(2)
Floors shall be non-slip and easy to clean.
(3)
The facility shall have adequate ventilation and fenestration as to prevent humidity and odors from building up while allowing for air circulation.
(4)
Proper drainage to prevent still or standing water from collecting in any enclosure, floor, and play areas.
(5)
Facilities shall have climate control and be habitable all year long.
(6)
Crates/enclosures shall have safety features (including latches, locks, etc.) to prevent accidental escape and injury.
(7)
Appropriate facilities shall be on site for the cleaning of animals.
(8)
The facility shall have a source of fresh drinking water.
(9)
Outdoor areas dedicated to the free roaming of animals or outdoor play areas shall be fenced in at all times.
(10)
No features of the facility shall present any harm (both immediate and long term) to animals that are boarded and kept overnight at the facility.
E.
If the commercial kennel includes the boarding of dogs, the following shall also apply:
(1)
Solid walls, partitions, or covers must be erected in between crates/enclosures in order to ensure separation (both physical and visual) between dogs.
(2)
Staff to dog ratio shall be one staff for every 10 dogs.
(3)
Play groups shall exceed no more than 10 dogs and shall consist of dogs that are in the same size group.
(5)
There shall be separate play areas for each size group.
(6)
No toys (besides toy balls) are allowed within play groups.
(7)
No shared feeding areas shall exist and dogs must eat separately, in order to prevent resource guarding and potential dog fights.
(8)
Facilities shall have exterior greenspace to allow for dog potty breaks.
(10)
Aggressive, reactive, and/or nuisance dogs shall be isolated from other dogs at all times.
F.
The Planning Board may include the following as conditions: