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Everett City Zoning Code

SECTION 27

Materials Recovery Facilities, Incinerators, Landfills, Junk Yards and Facilities, and Transfer Stations.

(C0031-14)
A. 
Purpose.
The City of Everett intends to protect its residential lands, waterways and natural environments from the encroachment by materials recycling facilities, incinerators, landfills, junk yards and facilities and transfer stations and to ensure and promote the City’s image as a pleasant and attractive place of residence. Additionally, the City of Everett desires to foster sound, environmentally friendly economic development opportunities within all commercial and industrial districts in the City.
The purpose of this section is to regulate the use of materials recycling facilities, incinerators, landfills, junk yards and facilities, and transfer stations within the City of Everett by Special Permit as authorized pursuant to Massachusetts General Laws Chapter 40A, Section 9.
B. 
Definitions.
As used within this section, the following definitions shall apply:
Incinerator:
a furnace or apparatus, whether enclosed within a structure or not, for burning trash, garbage, and other refuse materials to ashes.
Junk Yard/Facility:
an area or structure used for the storage and/or sale of old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris; waste, junked dismantled or wrecked automobiles, or parts thereof; iron, steel, and other old or scrap ferrous or non-ferrous materials; and any item that contains a hazardous material as defined by the Massachusetts Department of Environmental Protection.
Landfill:
a low area of land that is built upon from deposits of solid refuse in layers covered by soil.
Materials Recovery Facility (MRF):
an area in conjunction with a building/structure intended and designed to receive and process materials such as wood, paper, metals, or plastics for the purpose of recycling said materials into usable products and/or materials for resale to industry and commerce; it shall not be construed that an MRF can be utilized for the production of energy for either public or private purposes.
Solid Refuse:
all solid or liquid waste materials, including garbage and rubbish, and sludge, but not including sewage, and those materials defined as hazardous wastes in section two of chapter twenty-one C and those materials defined as source, special nuclear or by-product material under the provisions of the Atomic Energy Act of 1954.
Transfer Station:
a place where residential garbage and commercial wastes are compressed, baled, and loaded on vehicles for moving to disposal sites, as for landfill.
C. 
Restrictions.
Any materials recycling facility, incinerator, landfill, junkyard and facility, or transfer station shall not be located:
1. 
Within one thousand (1,000) feet of each other;
2. 
Within five hundred (500) feet of the nearest lot line of:
a. 
A Residential District;
b. 
A place of worship or a building used for religious purposes unless the Board of Appeals first determines in writing that the use will not be detrimental to the spiritual activities therein;
c. 
A designated School Safety Zone;
3. 
Within one thousand (1,000) feet of a non-profit educational use, museum or library;
4. 
Within one thousand (1,000) feet of a park or playground;
5. 
Within one thousand (1,000) feet of any waterway, as that term may be defined by Massachusetts General Laws, within the City of Everett;
6. 
Adjacent properties shall be adequately protected from noise, odors and unsightly appearances; and
7. 
The hours of operation shall not negatively impact on surrounding areas in terms of traffic flow, nor create increases in traffic volume during peak periods in surrounding areas.
D. 
Application for Special Permit.
A materials recycling facility, incinerator, landfill, junk yard and facility, or transfer station may be allowed, by Special Permit, within any Riverfront Overlay District, Telecommunications Overlay District, or Industrial Limited District, subject to the restrictions of Section 3 herein, and further subject to regulations imposed by the Special Permit Granting Authority. As referenced in this Section, the city council of the City of Everett shall constitute the Special Permit Granting Authority.
The following shall govern the issuance of Special Permits under this Section:
1. 
Special Permits shall only be issued following a public hearing held within sixty-five (65) days after the filing of an application with the Special Permit Granting Authority, a copy of which shall be immediately transmitted to the Everett City Clerk;
2. 
The Special Permit Granting Authority shall adopt, and from time to time, amend rules governing the issuance of Special Permits and shall file a copy of said rules with the Everett City Clerk;
3. 
The Special Permit Granting Authority shall act within ninety (90) days following a public hearing for which notice has been given by publication or posting as provided in Massachusetts General Laws Chapter 40A, Section 11 and by mailing to the parties in interest;
4. 
Failure by the Special Permit Granting Authority to take final action following the date of a public hearing shall be deemed to be a grant of the Special Permit applied for; and
5. 
Special permits for a materials recycling facility, incinerator, landfill, junk yard and facility, or transfer station shall expire one (1) year from the date of issuance thereof, and including such time required to pursue or await the determination of an appeal as set forth in Massachusetts General Laws Chapter 40A, Section 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date, except for good cause.