Greenfield City Zoning Code

Applicants for an open space/cluster development shall submit to the Planning Board 12 copies of an application and 12 prints of the development plan, with one set being reduced to 11" x 17". If the land on the plan involves more than one ownership, each owner of land included on the plan shall be a party to the application and, upon plan approval, subject to its provisions for any land shown on the plan as part of the open space/cluster development.

The Planning Board approval of a cluster development site plan hereunder shall not substitute for compliance with the Subdivision Control Act[1] nor oblige the Planning Board to approve a related definitive plan for subdivision, nor reduce any time periods for Planning Board consideration under that law. However, in order to facilitate processing, the Planning Board may, insofar as practical under law, adopt regulations establishing procedures for submission of a combined development plan and application which shall satisfy this section and the Board's regulations under the Subdivision Control Act.

Identification of existing vegetative cover, natural resources, topography and land uses, including the boundaries of all wetlands on the site as determined by the Greenfield Conservation Commission;

Existing structures, public water lines, private wells, sewer systems, water systems, and septic systems, and telecommunications infrastructure and other utilities, and drainage;

Soil types, based on the Soil Conservation Service Soil Survey and on-site soil boring logs, approximate depth to groundwater, location and results of percolation tests and other subsurface tests;

Proposed uses of land and buildings;

The location and dimension of all proposed lots;

Proposed lot lines, streets, parking areas, walkways, drainage and utilities, existing and proposed easements;

The general location and description of proposed public water lines, private wells, sewer systems, water systems, septic systems, connections for fire hydrants, and telecommunications infrastructure and other utilities;

The location, size and description of proposed common open space, parks, and other community or recreational uses. The proposed use of the open space shall be specified in the application. If several uses are proposed, the plans shall specify what uses will occur in what areas. The Planning Board shall have the authority to approve or disapprove particular uses proposed for the open space.

A proposed landscaping plan and grading plan;

The location, number, and types of residential dwelling units.

Proposed design features to integrate the development into the existing landscape, the surrounding neighborhoods, and enhance aesthetic assets;

Pre- and post-development runoff calculations;

If phasing of the development is proposed, a phasing schedule indicating which portions of the development including buildings, dwelling units, infrastructure, etc., to be constructed during each phase;

Materials indicating the landowner's interest in the land to be developed, the form of organization proposed to own and maintain the common land and the substance of covenants and grants of easements to be imposed upon the use of land and structures;

If necessary to determine compliance with the requirements or intent of this provision, the Planning Board may require further engineering or environmental analysis to be prepared at the expense of the applicant.

10% of the acreage of land with slopes of 25% or greater;

10% of the total acreage of land subject to easements or restrictions prohibiting development, lakes, ponds, vernal pools, 100-year floodplains as most recently delineated by FEMA, Zone I and A around public water supplies, and all wetlands as defined in Chapter 131, Section 40 of the General Laws and any state or local regulations adopted there under, as delineated by an accredited wetlands specialist and approved by the Conservation Commission; and

10% of the remaining acreage after the areas of Subsection F(1)(a) and (b) are removed to account for subdivision roads and infrastructure;

Conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development. If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots in perpetuity;

Conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development and to be managed by a nonprofit organization, the principle purpose of which is the conservation or preservation of open space;

Conveyed to the City of Greenfield, at no cost, and accepted by it for a park or open space use. Such conveyance shall be at the option of the City and shall require the approval of the City Council.

Conveyed to a non-profit land trust whose principal purpose is to conserve farmland and/or forestland, subject to the covenant requiring employment of land management practices that will ensure existing agricultural fields and pastures will be mowed or plowed at least once per year. Included with the covenant shall be copies of the lease, for a minimum of five years, with a farmer or operator who will use the land for agricultural purposes.

Facade elevations of all sides of any new building or structure or alterations to any existing building or structure.

Photographs showing the proposed building site and abutting properties.

Plans for phased construction.

Contingency plans or bond relative to financial ability to complete the project.

An impact statement prepared in accordance with the Major Development Review Rules and Regulations for Impact Statements.

Deny the special permit, stating specific conditions which cannot be sufficiently mitigated; or

Grant the special permit with conditions, safeguards and/or limitations, stated in writing; or

Grant the special permit as presented.

Fifty feet from any residence.

One thousand feet from any public or private school, state approved child-care facility, or nursery school.

One thousand feet from any church or other facility used for religious purposes.

One thousand feet from any public park, playground or other facility where children congregate.

One thousand feet from any other adult entertainment use within the General Commercial District.

Eight hundred fifty feet from any other adult entertainment use within the Adult Entertainment Overlay District (to be measured in a straight line without regard to intervening structures, from the closest exterior structural wall of each adult entertainment use).

Five hundred feet from any establishment licensed under MGL c. 138, § 12.

Existing or approved wireless communication structure or existing nonresidential structure.

General and Planned Industry Districts.

General Commercial District.

Rural Residential District.

The selection of an outside consultant may be appealed to the City Council. Such appeals are limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications consist of either an educational degree or three or more years of practice in the field. The required time limits for action upon an application by the Zoning Board of Appeals shall be extended by the duration of the administrative appeal. In the event that no decision is made by the City Council within 30 days following the filing of the appeal, the selection made by the Zoning Board of Appeals shall stand.

Any excess amount in review fees paid by the applicant, including any accrued interest, at the completion of the project shall be repaid to the applicant or to the applicant's successor in interest, and a final expenditures report on the fees shall be made available along with a copy of any reports produced by the consultant.

Site plans shall be prepared by a professional engineer licensed in Massachusetts, on twenty-four-inch-by-thirty-six-inch sheets at a scale of one inch equals 40 feet or one inch equals 200 feet, where appropriate, and one copy reduced to an eleven-inch-by-seventeen-inch sheet which includes the following:

A locus map at a scale one inch equals 1,000 feet which shows streets, buildings, and significant landscape features.

A description of the soil and surficial geology at the proposed site.

A color photograph or rendition of the wireless communication facility with all proposed wireless communication devices clearly shown in the photo.

Photographs of four view lines of the balloon float from any historic, scenic or other areas as determined by the Zoning Board of Appeals.

A map showing the signal coverage areas of the proposed wireless communication structure including the location of other proposed or existing facilities, the interface with adjacent service areas, and the results of any drive tests.

Proof of approval of all federal, state and local permits required for construction and operation.

A detailed narrative report written by a licensed professional engineer that includes:

Site plans shall be prepared by a professional engineer licensed in Massachusetts, on twenty-four-inch-by-thirty-six-inch sheets at a scale of one inch equals 40 feet or one inch equals 200 feet, where appropriate, and a reduced copy on an eleven-inch-by-seventeen-inch sheet which shows the following:

A map showing the signal coverage areas of proposed device(s) and their interface with adjacent service areas and results of any drive tests.

A color photograph or rendition of the wireless communication device(s) as it will look on the structure.

A detailed narrative report written by a licensed professional engineer that includes:

The holder of the special permit shall file an annual certification demonstrating structural integrity and continuing compliance with current standards of the FCC, FAA and the American National Standards Institute (ANSI), which shall be filed with the Building Inspector.

If the FCC or the FAA regulations are changed, the owner or operator shall bring the facilities into compliance within 90 days unless a more stringent compliance schedule is included in the regulation.

Failure to comply with any federal, state, or local regulations shall be grounds for removal of all noncomplying structures, buildings, and devices at the owner's expense. The Building Inspector shall give the holder of the special permit 90 days' written notice in advance of any demolition action.

An applicant shall post a performance bond with the City for the dismantling and removal of the telecommunications facility. The Zoning Board of Appeals prior to the issuance of the special permit shall determine a bond amount that will cover the full cost of dismantling and removal of the facility.

Wireless communication facilities shall be removed within one year of cessation of use at the owner's expense. The Building Inspector shall give the holder of the special permit 90 days' written notice in advance of any demolition action.

In addition to the submittal requirements under § 200-61 of the Zoning Ordinance, the project proponent shall provide the following documents:

In addition to items in Subsection C(5)(a)[1] through [18] above, for large-scale ground-mounted solar photovoltaic installation projects exceeding 10 acres, the following documents are also required:

The Reviewing Authority may waive documentary requirements that are not applicable to the project under consideration.

Setbacks.

Appurtenant structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Structures should be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

Height of structures. The height of any structure associated with a large-scale ground-mounted solar electric installation shall not exceed 20 feet.

Project area. The total project area of any structure and improvements associated with a large-scale ground-mounted solar photovoltaic installation shall not exceed 10 acres, except in the Planned Industry Zoning District for which the limit shall be 50 acres. Projects greater than 10 acres in size within the Planned Industry District shall require a special permit from the Zoning Board of Appeals.

Lighting. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with § 200-34. A sign consistent with § 200-34 shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.

Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Control of vegetation. Herbicides shall not be used to control vegetation at the solar electric installation. Mowing, grazing or using geotextile materials underneath the solar array are possible alternatives.

Noise. Noise generated by large-scale ground-mounted solar electric installations and associated equipment and machinery shall conform to applicable state and local noise regulations, including the DEP's Division of Air Quality noise regulations, 310 CMR 7.10. A source of sound will be considered in violation of said regulations if the source:

Impact on agricultural and environmentally sensitive land. The facility shall be designed to minimize impacts to agricultural and environmentally sensitive land and to be compatible with continued agricultural use of the land.

Visual impacts/screening. Large-scale ground-mounted solar photovoltaic installations shall be designed to minimize visual impacts including preserving natural vegetation to the maximum extent possible, blending in equipment with the surroundings, and adding vegetative buffers to provide an effective visual barrier from adjacent roads and driveways, and to screen abutting residential dwellings. Large-scale ground-mounted solar photovoltaic installations shall be screened from view by a minimum fifteen-foot-wide staggered and grouped planting of shrubs and small trees. Such plantings shall use native plants and a mix of deciduous and evergreen species and may be located within the setback area.

Emergency services. The large scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Greenfield Fire Chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.

For large-scale projects exceeding 10 acres where existing trail networks or woods roads, which often serve as wildlife corridors, are disrupted by the location of the ground-mounted solar electric installation the plans shall show alternative trail alignments to be constructed by the applicant, although no rights of public access may be established hereunder.

Solar photovoltaic installation conditions. The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Greenfield Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.

Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board.

Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with Subsection C(13)(b) of this section shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the City may enter the property and physically remove the installation.

Financial surety. Proponents of large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the City must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for municipally or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

Proof that the application to the CCC has been deemed complete pursuant to 935 CMR 500.102;

The name and address of each owner of the facility;

Copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the marijuana establishment;

Evidence of the applicant's right to use the site of the marijuana establishment for the marijuana establishment, such as a deed or lease;

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;

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 City and certified by the City Assessor;

An approval letter from the Greenfield Chief of Police regarding the proposed security measures for the marijuana establishment, including lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft.

Site design and other development related site impacts.

Liability insurance coverage or maintenance of escrow as required in 935 CMR 500.105(10).

The marijuana establishment is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in MGL c. 40A, § 11;

The marijuana establishment 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

The applicant has satisfied all of the conditions and requirements of Subsections E and F herein.

The Inspector of Buildings or the Planning Board may authorize a use known as an accessory dwelling unit in a single-family dwelling. The Inspector of Buildings will review each existing use on a case-by-case basis to determine if the dwelling conforms to State Building Code.

The showing of good and sufficient cause that a waiver is not inconsistent with the purposes of this chapter as a whole;

A determination that failure to grant the waiver would result in exceptional hardship to the applicant;

Danger to life or property;

The necessity to accommodate requests of the Conservation Commission, Planning Board or Historical Commission or any municipal department;

Extraordinary expense which is undue given the purpose of the provision(s) waived;

The availability of alternative methods to substantially meet the purpose of the provision(s) waived;

No municipal function, nor any direct abutter, will be substantially affected by the waiver.

Efficiency standards. Commercial wood pellet energy systems and wood chip energy systems must be fully automatic in the case of pellet boilers, and wood chip boilers must have a fully automated combustion process, though fuel can be delivered manually from the bulk storage container to the combustion day bin. They must be low mass (low volume) and have sensors and controls to optimize combustion performance. This is most easily achieved using a staged combustion design with lambda control. All commercial biomass energy systems must have a minimum efficiency of 85% at rated output using the higher heating value (HHV) of the pellet fuel or wood chip fuel if tested using an input/output method. Alternatively a simple full load, steady-state combustion efficiency measurement by the stack loss method (Canadian Standards Association B415) may be used, but in this case, the minimum efficiency requirement is 88% HHV. Where combustion efficiency is used, the return water temperature must be greater than 130° F.

Emissions standards.

Health and environmental impact assessment. To reduce exposure to outdoor air pollutants with a particular focus on burdened neighborhoods commercial biomass energy systems at schools, hospitals or locations with similar populations, the owner will be required to perform a health assessment (e.g., air impact assessment) to evaluate the potential public health risks associated with burning biomass. This assessment consists of modeling the anticipated emissions due to the new commercial biomass system and evaluating the resulting concentrations with a focus on ambient concentrations in the schoolyard, near doors and windows, and at building air intakes. An estimate of the number of deliveries by the pellet trucks or wood chip trucks and a comparison to the current fuel delivery schedule must be included as well. The resulting ambient particulate and gaseous concentrations are then compared to the conditions existing prior to the pellet or wood chip heating system installation. If there is a net increase in ambient concentrations, then an assessment of exposure is performed. Owners shall include an assessment of any higher emitting biomass sources (e.g., outdoor wood boilers or pre-certification wood stoves) to be switched out with a cleaner burning unit to result in no net increase in emissions for the immediate vicinity.

Proper boiler sizing. Commercial biomass energy systems shall be sized to meet the current heat load of the building, not the anticipated heat load or the peak load. Cascading boilers using biomass or existing fossil fuel boilers shall cover peak heat loads. Additionally, the biomass energy system must be designed for installation in a weatherproof, insulated space inside a building, either in a basement or a room designed specifically to accommodate the system. If space does not permit, it may be installed in a separate structure. Boilers and systems must be sized and systems planned to optimize performance throughout the heating season using thermal storage. Use of a cleaner heat source during heating season shoulders (late October or March) and for supplemental needs is strongly encouraged. These cleaner heat sources may include, for example, natural gas-, propane-, or oil-fired boilers and solar thermal sources. A bin-hour analysis of heating needs based on an energy audit, previous heating needs, and historical local temperatures during the heating season should be performed. The annual heat load profile, diurnal heat load profile on demand day, and diurnal heat load profile on a shoulder day should also be determined. Biomass energy systems shall be sized to <60% of the design load as it will capture the majority of the heating season and promote higher performance. Higher loads may be met by utilizing an existing natural gas, propane, or oil-fired boiler, a new boiler, staging of wood fired boilers, or some other strategy involving careful energy management and thermal storage. Low loads, common during shoulder months, can be met by an auxiliary boiler or other energy management strategy. The energy system must be sized based on the heat load of the building where the heat load is determined using a well defined protocol such as Manual J of the Air Conditioning Contractors of America (ACCA) or an equivalent energy simulation program.

Thermal storage. Commercial-scale systems must include thermal storage to minimize boiler cycling and to assist in energy management strategies. The minimum size thermal storage should be based on the boiler manufacturer's recommendation for the application and size of the boiler but must not be less than 20 gallons per 10,000 Btu/h. For example, a commercial 1.0 MMBtu/h boiler would require a minimum storage of 2,000 gallons.

Pellet and woodchip storage. The risks of exposures of high levels of dust and off-gas CO shall be minimized. Due to concerns regarding explosive dust and CO exposure and the absence of a documented effective ventilation strategy for pellet and wood chip storage, all pellets and woodchips storage must be outside of the building. That may include confined spaces that are: 1) large enough for a person to enter to perform work, 2) have limited means of ingress and egress, and 3) are not intended for human occupancy. Pellet storage silos meet these criteria and because of the CO off-gassing, require an Occupational Safety and Health and Administration (OSHA) permit. Owners shall identify fire and building code and health and safety features including all applicable training requirements for personnel. Signs communicating potential CO hazards associated with bulk pellet and wood chip storage must also be posted. In addition:

Energy management system.

Integration of solar thermal. The integration of solar thermal water heating technology is encouraged. A solar thermal integration reduces fuel consumption and can prolong the life of the biomass boiler. A solar thermal system would be integrated into the biomass heating system using best engineering practices.