Hull City Zoning Code
ARTICLE III
Establishment of Districts
§ 410-3.1 Types of districts.
A.
For the purpose of this bylaw, the Town of Hull is hereby divided into the following classification of use districts:
Single-Family Residence District A |
Single-Family Residence District B |
Single-Family Residence District C |
Townhouse Residence District |
Multi-Family Residence District A |
Multi-Family Residence District B |
Mixed Use Residential District |
Business District |
Waterfront District |
Commercial Recreation District A |
Commercial Recreation District B |
Commercial Recreation District C |
Public Open Space District |
Flood Plain District |
Conservation District |
Wireless Communication Services District |
B.
Boundaries
(1)
The boundaries of the districts shall be the sidelines of the streets, property or lot lines, or other lines shown on the map entitled "Building Zone Map of Hull, Massachusetts", on file in the office of the Building Commissioner, which map is hereby adopted and made a part of this bylaw. This map is open for Inspection during regular office hours and copies are made available to those desiring them.
(2)
Where boundaries are indicated as property or lot lines and the exact position of such lines is not justified by measurements, the true location thereof shall be taken as the boundary lines. Where boundary lines are fixed by distance from the street, property or lot lines, such measurements shall control.
(3)
Whenever any uncertainty exists as to the exact location of a boundary line, the location thereof shall be determined by the Building Commissioner; provided, however, that any person affected by his decision thereon may appeal to the Board of Appeals as hereinafter provided.
C.
Uses
(1)
These zoning bylaws shall not prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth or any of its agencies, subdivisions or bodies public or by a religious sect or denomination, or by a non-profit educational corporation, except as provided by law.
(2)
In all districts, 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 Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
(3)
These zoning bylaws shall not prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture, horticulture or floriculture, nor shall they prohibit or unreasonably regulate the expansion or reconstruction of existing structures thereon for the primary purpose of agriculture, horticulture or floriculture, except that all such activities shall be limited to parcels of at least five acres.
(4)
Except as provided in Massachusetts General Laws, Chapter 40A, or in this bylaw, no building, structure or land shall be used except for the purpose(s) permitted in the district as described in this section. Any use not listed shall be construed to be prohibited.
§ 410-3.2 Single-Family Residence Districts A, B, and C.
A.
Permitted uses for Single-Family Residence Districts A, B, and C.
(1)
Detached single-family dwellings.
(2)
Religious, educational or municipal uses.
(3)
Renting of sleeping rooms for not more than three persons in a dwelling regularly occupied by the owner for residential purposes.
(4)
Accessory uses customarily incidental to a permitted main use on the same premises, including the use of a room or rooms for customary home occupations conducted by resident occupants, and involving no change in the customary external appearance of the premises or other visible evidence of the conduct of such home occupation other than one announcement sign as provided in § 410-7.1B(1), and provided that (a) such office or studio is open to clients by appointment only, (b) no more than two other persons are regularly employed on the premises in connection with such use (c) material, equipment, or products shall not be visible from the street, and (d) the sale of any articles is limited to those produced on the premises and related to the permitted home occupation. Said customary home occupations include, but are not limited to the following: Professional office or studio of a resident physician, dentist, attorney, architect, contractor, accountant, artist, engineer, real-estate or insurance broker, art dealer, interior decorator, appraiser, or member of another recognized profession.
(5)
Family day-care homes as provided for and defined in Massachusetts General Law, Chapter 28A, Section 10,[1] as amended, subject to the provisions of § 410-4.6, Guidelines for issuance of special permit for family day care home of this zoning bylaw.
[1]
Editor's Note: This section of state law was repealed by St. 2008, Ch. 215, § 43, effective 7-31-2008. See now MGL c. 15D, § 1A.
B.
Dimensional and Intensity Regulations for Single-Family Residence Districts A, B, and C
(4)
The common property line between two existing non-conforming parcels may be changed to provide access along the property line between the two parcels, provided that no building may be closer than five feet to the revised line and the houses located thereon are no closer than 15 feet apart, that no conforming lot shall become non-conforming thereby, and that a special permit for such action is issued by the Zoning Board of Appeals. (Amendment added, Annual Town Meeting, May 5, 2003)
C.
General Regulations for Single-Family residence Districts A, B, and C.
(1)
Site plan review, subject to the provisions of § 410-4.1, Site plan review of this zoning bylaw, shall apply to new buildings and/or structures which involve non-residential uses or multi-family uses for three or more residential units, and expansions or changes in use of existing buildings which will result in 5,000 or more square feet of gross floor area.
(2)
Land undergoing construction and/or development, and regrading is subject to the provisions of § 410-6.4, Grading, drainage, erosion and sediment control of this zoning bylaw.
(3)
No building or structure or portion thereof constructed or adapted for a retail, mercantile or industrial use shall be occupied as a residence or place of human habitation unless properly altered to meet the provisions of this § 410-3.2, Single-Family Residence District of this zoning bylaw in effect at the time of said construction or adaptation as they relate to residential use.
(4)
Garden sheds not requiring a permanent foundation or concrete slab, and no more than 80 square feet gross floor area, and less than eight linear feet in height shall not require a permit. Such sheds may not be constructed in the front setback area nor closer than three linear feet to any interior lot lines.
(5)
No building shall be constructed within 10 feet of a publicly owned seawall.
(6)
No structure(s) shall be built closer than 25 feet from the top edge of a cliff that is greater than 20 feet in height unless said cliff is certified as stable by a registered geologist or registered engineer.
§ 410-3.3 Multi-Family and Townhouse Residence Districts.
A.
Permitted uses for Multi-Family Residence Districts and Townhouse Residence District
(1)
Multi-Family Residence Districts A
(a)
Multi-family residential uses.
[Amended 5-2-2022 ATM by Art. 11]
(b)
Garden apartments and town houses.
[Amended 5-2-2022 ATM by Art. 11]
(c)
Convalescent, nursing, or rest homes under special permit by the Board of Appeals as governed by Chapter 40A, Massachusetts General Law.
(d)
Boat and boat equipment storage, subject to the requirements of § 410-4.4, Boats and boat equipment storage of this zoning bylaw.
(e)
Any use permitted in § 410-3.2A of this zoning bylaw subject, however, to the provisions of § 410-3.2B(2) as they pertain to Single-family Residence District B.
(2)
Multi-Family Residence Districts B
(a)
Multi-family residential uses.
[Amended 5-2-2022 ATM by Art. 11]
(b)
Garden apartments and town houses.
[Amended 5-2-2022 ATM by Art. 11]
(c)
Convalescent, nursing, or rest homes under special permit by the Board of Appeals as governed by Chapter 40A, Massachusetts General Laws.
(d)
Boat and boat equipment storage, subject to the requirements of § 410-4.4, Boats and boat equipment storage of this zoning bylaw.
(e)
Any use permitted in § 410-3.2A of this zoning bylaw, subject, however, to the provisions of § 410-3.2B(2) as they pertain to Single-family Residence District B.
(3)
Townhouse Residence District
(a)
Any use permitted in § 410-3.2A subject, however, to the provisions of § 410-3.2B(3) Single-family Residence District C, of this zoning bylaw, except that minimum lot size shall equal 43,560 square feet.
(b)
Townhouse and garden apartment type multi-family dwellings, not to exceed eight dwelling units per multi-family dwelling, and no such multi-family dwelling to exceed 35 feet in height.
(c)
Boating facilities for boats other than power boats or sailboats in excess of 20 feet, and structures serving such facilities, so long as such boating facilities are located in or at a navigable waterway and the accessory buildings are situated adjacent to such boating facilities. Accessory buildings shall not exceed 35 feet in height and shall not have a lot coverage exceeding 2,500 square feet in the aggregate. Permitted uses in such accessory buildings shall be limited to the following:
B.
C.
General Requirements for Multi-Family Districts.
(1)
Open space for active recreation totaling not less than 12 square feet for each dwelling shall be provided on those parcels used for apartments.
(2)
Fixed, retractable, or removable awnings and canopies for the protection of the public from the elements may be erected or installed within the front setback areas. On business and commercial buildings located in a multi-family residential district, the awnings and canopies shall be limited to a six-foot extension across the full face of the building. On multi-family residential buildings the awnings and canopies shall be limited to the area of the front entry walkway extending in a straight line to the building and not exceeding six linear feet in width.
(3)
Site plan review, subject to the provisions of § 410-4.1, Site plan review of this zoning bylaw, shall apply to new buildings and/or structures which involve non-residential uses or multi-family uses for three or more residential units, and expansions or changes in use of existing buildings which will result in 5,000 square feet of gross floor area.
(4)
Land undergoing construction and/or development, and re-grading is subject to the provisions of § 410-6.4, Grading, drainage, erosion and sediment control of this zoning bylaw.
(5)
No building or structure or portion thereof constructed or adapted for a retail, mercantile or industrial use shall be occupied as a residence or place of human habitation unless properly altered to meet the provisions of § 410-3.2B(2) of this zoning bylaw in effect at the time of said construction or adaptation as they relate to residential use.
(6)
Garden sheds not requiring a permanent foundation or concrete slab, and no more than 80 square feet gross floor area, and less than eight linear feet in height shall not require a building permit. Such sheds may not be constructed in the front setback area nor closer than three linear feet to any interior lot lines.
(7)
No building shall be constructed within 10 feet of a publicly owned seawall.
(8)
No structure(s) shall be built closer than 25 feet from the top edge of a cliff that is greater than 20 feet in height unless said cliff is certified as stable by a registered geologist or registered engineer.
§ 410-3.4 Waterfront District.
A.
Permitted Uses for Waterfront District
(1)
Water-dependent uses as defined by and consistent with Massachusetts General Law Chapter 91, and 310 CMR 9.00 et seq, Waterways Regulations such as commercial and recreational marine uses, marinas, moorings and mooring services, dockage and mooring for transient boats, launch services, pump out facilities, fishing (both commercial and sport, including facilities for loading and unloading commercial fishing boats and the storage of ice, but under no circumstances the cleaning or processing of fish or the storage of bait), boat rentals and charters, terminals for commuter and excursion boats, boat sales, boat storage, chandlers, sail makers, marine railways, marine service centers, and Harbor Master facilities.
(2)
Non-water-dependent uses as defined by and consistent with Massachusetts General Law Chapter 91, and 310 CMR 9.00 et seq, Waterways Regulations such as coffee shops, restaurants, and convenience shopping (including food, variety and personal services), entertainment facilities, and museums.
(3)
Facilities for the sale and dispensing of marine fuel, subject to the granting of a Chapter 91 license and a Special Permit by the Hull Board of Appeals per § 410-8.1 of this bylaw.
(4)
Residential uses: None.
(5)
Hotels, motels, and office buildings: None.
(6)
Accessory uses normally associated with permitted uses in this § 410-3.4, within the confines of the building.
(7)
Television and radio antennas not exceeding 50 feet above ground level.
(8)
Navigation aids.
(9)
In a Waterfront District, the determination of principal and accessory use will include consideration for seasonal changes in marine businesses and the wide range of marine-related items serviced and sold.
B.
Additional Standards for uses allowed by Special Permit in the Waterfront District:
(1)
Public amenities, such as launching ramps, access to the waterfront, public fishing areas, and visual access to the water, must be considered wherever there is no threat to public health and safety or other unreasonable liability to the property owner.
C.
Signage. Signs for the purpose of identification of businesses and shops are permitted in the Waterfront District, subject to the granting of a Special Permit by the Board of Appeals per § 410-8.1, of this bylaw (after consultation with the Design Review Board and the Building Department). Generally signs should be in scale with the size and bulk of the buildings and compatible with one another. Signs should not project above the roofline. Internally illuminated signs, signs with moving parts, and freestanding signs are not to be used. Signs should relate solely to the business conducted on the premises.
§ 410-3.5 Business District.
[Amended 5-2-2016 ATM by Art. 19]
A.
Permitted uses for Business District.
(1)
Business District
(a)
Office, bank, newspaper or job printing establishment.
(b)
Restaurant.
(c)
Any wholesale, retail or service business except places of amusement, not involving manufacture on the premises except of products the major portion of which is sold on the premises by the producer to the consumer.
(d)
Manufacturing or industrial use, provided that no such use shall be permitted which would be detrimental or offensive in the same or adjoining district by reason of: danger of explosion or fire, excessive vibration or noise (that is, no noise or vibration shall be perceptible without instruments at a distance greater than 50 feet from the industrial premises, obnoxious fumes, smoke, gas or odors, or production of refuse above the capacity of the sewage or refuse collection system of the Town, subject to special permit by the Board of Appeals, governed by Chapter 40A, Massachusetts General Law.
(e)
Gasoline service stations and liquid propane dispensing operations are subject to special permits by the Board of Appeals, governed by Massachusetts General Law. Chapter 40A.
(g)
Mixed Multi-family Residential and Business, provided, however, that not less than 30% of the gross floor area be for business uses, such as office, bank, and restaurant, or any wholesale, retail or service business except places of amusement, not involving manufacture on the premises except of products the major portion of which are sold on the premises by the producer to the consumer, with the remainder to be for rental residential use. Except for the residential means of egress, no residential unit shall be permitted on the front street side of the level of exit discharge. Height shall be limited to 40 feet and density to a maximum of 15 residential units per acre, in proportion to the actual area of the lot.
[Amended 5-1-2023 ATM by Art. 16]
(2)
Uses permitted by Special Permit in a Business District
(a)
Hotel Use Special Permit Development
[1]
For the purpose of promoting the more efficient and appropriate use of land in harmony with its natural features and in furtherance of the general intent of this bylaw to protect and promote the health, safety, convenience and general welfare of the inhabitants of the Town, the Planning Board may grant a discretionary special permit (hereinafter called a special permit) for a Hotel Use Special Permit Development subject to the procedures, regulations and conditions contained in this section and elsewhere in this bylaw as applicable.
[2]
In a Hotel Use Special Permit Development, the following uses may be permitted by special permit.
[a]
Mixed Multi-Family Residential units and Hotel and Hotel-related amenities within the same/connecting building.
[b]
Mixed Hotel and Hotel-related amenities and uses within the same/connecting building.
[c]
Hotel Use.
[d]
Hotel-related amenities are those types of uses customarily associated with the operation of a hotel or resort hotel and include but are not necessarily limited to dining rooms and restaurants which may or may not provide for the sale of alcoholic beverages, newsstand, retail shops, function halls, health club, swimming pool, and conference meeting and function facilities.
[3]
Each application for a special permit for a Hotel Use Special Permit Development shall be accompanied by a site plan and building elevations at an appropriate scale. Such site plan shall show the entire project area at a scale of 1" = 20' and shall be prepared by a registered architect or registered professional engineer. The site plan and 10 copies thereof shall be submitted with the application to the Town Clerk who shall forthwith transmit the same to the Planning Board and shall show at least the following:
[a]
All lot lines, wetlands and existing and proposed topography at two foot contour intervals.
[b]
Proposed development parcels and the location of all buildings (existing and proposed) and proposed uses on each parcel.
[c]
Existing and proposed street, parking, drainage and utility systems.
[d]
Location of proposed parks, playgrounds and other open spaces, if any.
[e]
A tabulation of the total number of dwelling units and the number designated for each proposed dwelling type.
[f]
Types of proposed Hotel-related amenities, function and conference facility uses and other business uses, square footage and number for each type of use, by type of use.
[g]
Landscape plan showing all proposed landscape features and proposed improvements, including walks, pedestrian ways, planting areas with size and type of stock for each shrub or trees, walls, fences and outdoor lighting.
[h]
A written statement detailing the design characteristics for the development, including, but not limited to, exterior building materials, architectural treatment and street furniture.
[i]
Any other documents or information reasonably required in writing of the applicant by the Planning Board prior to the public hearing.
[j]
The Planning Board may subsequent to filing require additional information which shall be supplied in a timely fashion.
[4]
Anyone wishing to apply for a special permit shall file an application and the required number of plans with the Town Clerk and a copy of said application, including the date and time of filing certified by the Town Clerk shall be filed forthwith by the petitioner with the special permit granting authority. Specific application forms shall be provided for in the rules of each special permit granting authority.
[5]
Within 65 days of the receipt of the properly executed application, the appropriate special permit granting authority shall hold a public hearing, for which notice has been given by publication and posting as provided in M.G.L., c.40A, § 11, and shall mail notices to all parties of interest, including abutters within 300 feet. All expenses shall be borne by the applicant.
[6]
Within 90 days following a public hearing or hearings, the special permit granting authority shall take final action on the application. The required time limits for a public hearing and said action may be extended by written agreement between the petitioner and the special permit granting authority.
[7]
An application for a special permit shall be accompanied by a filing fee of 1/10 of 1% of the cost of the project work. It cannot be less than $200 nor more than $1,000. The fee shall be paid at the time of application.
[8]
Within 10 days after the filing with the Town Clerk of the special permit application and accompanying site plan, the applicant shall transmit a copy of said site plan to the Design Review Board, Building Commissioner, Board of Appeals, Police Department, Fire Department, Select Board, Board of Health, Conservation Commission and any other Official, Board or Agency deemed appropriate, and said Boards may, at their discretion, investigate the proposed layout and report in writing its recommendations to the Planning Board. A failure to respond within 35 days of receipt by any such board, official, department or agency shall be deemed to be a lack of opposition thereto.
[Amended 5-8-2021 ATM by Art. 6C]
[9]
In considering an application for a special permit under this section, the Planning Board may approve same only if it finds that, in its judgment, the proposed development shall not be substantially more detrimental to the established character of the neighborhood and Town and all the following conditions are satisfactorily met:
[a]
There is protection of adjoining premises against detrimental uses by provisions for surface water drainage, sight buffers and preservation of light and air.
[b]
The convenience and safety of vehicular movement and the location of driveway openings and parking areas in relation to traffic or to adjacent streets.
[c]
The convenience and safety of a pedestrian circulation system that provides direct routes between major buildings, parking areas and roads.
[d]
The adequacy of the methods of disposal of sanitary sewage, storm water drainage, and solid waste refuse from the uses permitted on the site.
[e]
The impacts of the proposed uses on one another within the development and the extent the proposed development relates harmoniously to the terrain, use, scale, architectural character and proportions of existing and proposed buildings in the vicinity.
[f]
The specific site is an appropriate location for such a use.
[g]
The use involved will not be substantially detrimental to the established character of the neighborhood or Town, including but not limited to architecture.
[h]
There will be no nuisance or serious hazard to vehicles or pedestrians.
[i]
Adequate and appropriate facilities will be provided for the proper operation of each proposed use.
[j]
The public convenience and welfare will be substantially served.
[k]
Adequate assurance that any benefits, special conditions, amenities or the like offered will be established, maintained, completed and serve as a benefit to the community.
[10]
An application for a special permit for a Hotel Use Special Permit Development shall be submitted and reviewed in a manner consistent with the procedures set forth in Chapter 40A of the Massachusetts General Laws and this zoning bylaw.
[11]
In a Hotel Use Special Permit Development, the following requirements relating to the use, density and intensity of land use shall apply. Any items not covered in this special permit section shall be governed by the applicable provisions of this zoning by-law.
[a]
The proposed project must include a minimum of two contiguous acres.
[b]
Structures shall not exceed a maximum height of 40 feet plus usual roof top structures and ornamental features.
[c]
For the purposes of this special permit, a hotel shall be defined as a building containing 50 or more guest rooms used for temporary occupancy of individuals accessed through a lobby which is operated with a staffed front desk 24 hours per day. The definition of a hotel shall not include a motel, lodging house or rooming house.
[d]
No more than 15 apartment units per one acre parcel.
[e]
Residential units shall be limited to no more than four rooms, exclusive of bathrooms, with a maximum of two bedrooms.
[f]
Lot coverage shall be limited to no more than 50%.
[g]
At least 25% of the total project area may be set aside as open space. In its discretion, taking into account site conditions and such planning factors as the Board deems appropriate, the Planning Board may consider parking areas in its calculations of open space.
[h]
[i]
Notwithstanding the foregoing parking requirements, if the applicant provides valet parking or other suitable alternative services, the Planning Board may authorize lesser requirements for both the number and size of parking spaces.
[j]
All structures within a Hotel Use Development shall be setback at least 10 feet from the boundary of the project area, provided the Planning Board may, in its discretion, taking into account actual area setbacks and such planning factors as the board deems appropriate, modify this agreement.
[12]
Special permit conditions. In approving a special permit, the special permit granting authority shall be authorized to attach such conditions and safeguards as are deemed necessary and appropriate to protect the neighborhood and the Town of Hull. These may include but not necessarily be limited to the following:
[a]
Requirement of front, side or rear yards greater than the minimum required by this bylaw.
[b]
Requirements of screening of parking areas or other parts of the premises or from the streets by walls, fences, planting or other devices, as specified by the special permit granting authority.
[c]
Limitation of method or time of operation or extent of facilities.
[d]
Regulation of number, design and location of access drives or other traffic features.
[e]
Requirements of off-street parking or other special features beyond the minimum required by this or other applicable bylaws, codes or regulations.
[f]
Appropriate mitigation where deemed necessary.
[g]
Appropriate modifications to the design features to ensure compliance with the standards set forth herein.
[13]
The Planning Board has the authority to employ professional consultants or experts including technicians, attorneys, engineers and or architects, for the purposes of reviewing and evaluating, on its behalf, the information shown on the site plan and any additional information. The costs of such professional assistance incurred by the Planning Board shall be borne by the applicant. However, the cost to be paid by the applicant (1) shall not exceed the reasonable and usual charges of the consultants; and (2) shall be estimated in writing by the consultants and made known to the applicant before the Board incurs any costs. No Occupancy Permit may be issued by the Building Commissioner until the applicant has paid, or reimbursed the Town for, all such costs.
[14]
The Inspector of Buildings shall not issue a certificate of occupancy until and unless the appropriate special permit granting authority issues a certificate of compliance with the provisions herein provided. All construction, including landscaping, site preparation and other authorized uses of the land, shall be in compliance with an approved special permit and conditions attached thereto unless duly amended by permission from the special permit granting authority.
[15]
The special permit shall automatically lapse two years from the date of the grant of a special permit unless substantial use or construction is commenced except for good cause, or an extension has been granted by the Planning Board for not more than six months. Excluded in the two-year time period is the time required to pursue or await the determination of appeal referred to in Section 17 of the Massachusetts General Law, Section 40A.
[16]
Reviews by various municipal boards, departments, agencies or commissions may be held jointly in accordance with Chapter 40A, Section 11 of the General Laws.
[17]
Minor modifications to the Special Permit may be made at a duly held regular or special meeting of the Planning Board.
[18]
Applications processed under this Special Permit process shall be exempt from the Site Plan Review requirements of this bylaw. However, the provisions of § 410-4.1C(2)(b), C(3) and D of this Zoning Bylaw shall be applicable to Special Permit applications under this section.
[19]
Notwithstanding any other provision of the zoning bylaw to the contrary, the Planning Board may, in its discretion, by a special permit issued hereunder or an amendment to an existing special permit issued hereunder, authorize roof top appurtenances with a height of up to 35 feet, provided that said rooftop appurtenances shall in no way be used for occupancy purposes and are ornamental features only. (Amendment added, Annual Town meeting, May 13, 2002)
(b)
Multifamily dwellings in Business Districts
[1]
In addition to all other uses allowed in the business zoning district, the Planning Board may issue a Special Permit to authorize the reconstruction (including razing), renovation and/or modification, exclusively for multifamily residential purposes, or nonconforming residential or lodging house building structures, the nonconforming use of which is not "grandfathered". Notwithstanding any other provisions of the zoning bylaw, the Special Permit may authorize up to four dwelling units on a lot, but there must be two conforming off-street parking spaces for each approved unit.
[2]
The Special Permit may authorize the continuation, extension and/or modification of pre-existing dimensional nonconformities (including without limitation setbacks, lot coverage and land area per dwelling unit) and may apply the setback and dimensional requirements applicable to new commercial buildings in the Business District. However, the Special Permit may not vary or waive applicable off-street parking requirements for dwelling units.
[3]
The Planning Board may issue a Special Permit upon its finding that the proposed structure and use will not be substantially detrimental to the Business District in which it is located. The Special Permit process shall be governed by and conducted in accordance with the applicable provisions of M.G.L. Chapter 40A. Unless it waives Site Plan Review, the Planning Board shall conduct its Site Plan Review of a proposed project simultaneously with its Special Permit process.
C.
General Requirements for Business and/or Commercial Recreation uses in a Business District.
(1)
Business areas abutting a residential area shall provide screening along the common property line in the form of an opaque fence, wall, or evergreen shrubbery at least six feet in height.
(2)
No building or structure or portion thereof constructed or adapted for a retail, mercantile or industrial use shall be occupied as a residence or place of human habitation unless properly altered to meet the existing provisions of § 410-3.2B(1) of this zoning bylaw.
(3)
Fixed, retractable, or removable awnings and canopies for the protection of the public from the elements may be erected or installed within the front setback areas. On business and commercial buildings the awnings and canopies shall be limited to a six-foot extension across the full face of the building. On multi-family residential buildings, the awnings and canopies shall be limited to the area of the front entry walkway extending in a straight line to the building and not exceeding six feet in width.
(4)
For storage of boats and boat equipment, the requirements of § 410-4.4, Boats and boat equipment storage, of this zoning by-law apply in all Commercial Recreation Districts.
(5)
Site plan review, as described in § 410-4.1, Site plan review of this bylaw, shall apply to all new buildings and/or structures which involve non-residential uses or multi-family uses for three or more residential units, and expansions or changes in use of existing buildings which will result in 5,000 square feet of gross floor area.
(6)
A non-residential building or structure hereafter erected in a Business District shall meet all minimum requirements set forth in Subsection C(6)(a), (b) and (c) below.
(a)
Minimum rear yard of 12 feet. In the event that additional yards are required to assure access to the rear of the lot or any adjacent lots, such yards shall be provided with a minimum width of 12 feet.
(b)
All buildings in any Business District shall have a minimum setback of 10 feet; provided however, if there are already buildings fronting on the same street in the same block, the Board of Appeals may as an exception by Special Permit waive this requirement and establish a frontage to conform to the other buildings. Existing buildings shall not attain non-conforming status because of this setback requirement.
(7)
Land undergoing construction and/or development, and regrading is subject to the provisions of § 410-6.4, Grading, drainage, erosion and sediment control of this zoning bylaw.
(8)
In a residential area located in a business district, garden sheds not requiring a permanent foundation or concrete slab, and no more than 80 square feet gross floor area, and less than eight feet in height shall not require a permit. Such sheds may not be constructed in the front setback area nor closer than three feet to any interior lot lines.
(9)
Alteration, reconstruction, extension or structural change to a single family residential structure located in a business district will be permitted as a matter of right provided that such change meets the minimum requirements for single-family dwellings in the Single-Family A district as set forth in § 410-3.2, Single-Family Residence Districts A, B and C of this zoning bylaw.
(10)
No structure(s) shall be built closer than 25 feet from the top edge of a cliff that is greater than 20 feet in height unless said cliff is certified as stable by a registered geologist or registered engineer.
(11)
In all business districts, the provisions of § 410-4.2, Floodplain District use and development regulations of this zoning bylaw apply wherever applicable.
(12)
No building shall be constructed within 10 feet of a publicly owned seawall.
(13)
Open space for active recreation totaling not less than 12 square feet for each dwelling shall be provided on these parcels used for apartments.
§ 410-3.6 Commercial Recreation A, B, and C Districts.
A.
Permitted Uses for Commercial Recreation A, B, and C Districts.
(1)
Commercial Recreation A District [Subject to the requirements of Table 50 (CR-A),[1] Table 51,[2] and the parking requirements specified in § 410-5.2.]
(a)
Hotels, motels, inns and marinas.
(b)
Convenience shops, personal services and accessory uses normally associated with permitted uses in Subsection A(1)(a), within the confines of the building.
(c)
Multi-family residential use including garden apartments and townhouses.
(d)
Restaurants.
(f)
Flexible Plan Development, subject to the provisions of § 410-4.3, Flexible plan development of this zoning bylaw.
(h)
Museums.
(2)
Commercial Recreation B District [Subject to the requirements of Table 50 (CR-B),[3] Table 51,[4] and the parking requirements specified in § 410-5.2.]
(a)
Hotels, motels, marinas, and multi-family dwellings. Convenience shopping, including food, drugs, offices, banks, small hardware, variety and personal services designed to primarily serve the local shopping needs of the immediate neighborhood.
(b)
Places of amusement or assembly.
(c)
Restaurants.
(d)
(Deleted April 10, 1995 Town Meeting, Article 21.)
(e)
Height shall be limited to a maximum of 40' and density to a maximum of 18 dwelling units per acre. Density figures shall be allowed as a ratio in proportion to the actual area of the lot in question.
(3)
Commercial Recreation C District [Subject to the requirements of Table 50 (CR-C),[5] Table 51,[6] and the parking requirements specified in § 410-5.2.]
(a)
Hotels, motels, inns, marinas.
(b)
Accessory uses normally associated with permitted uses in Subsection A(3)(a) within the confines of the building.
(c)
Multi-family residential use, including garden apartments and town houses and height not to exceed 40 feet.
(d)
Restaurants.
B.
Dimensional Requirements and Intensity Regulations for Commercial Recreation A, B, and C Districts
(2)
C.
General Requirements for Business and/or Commercial Recreation uses in all Commercial Recreation Districts.
(1)
Business and/or Commercial Recreation areas abutting a residential area shall provide screening along the common property line in the form of an opaque fence, wall, or evergreen shrubbery at least six feet in height.
(2)
No building or structure or portion thereof constructed or adapted for a retail, mercantile or industrial use shall be occupied as a residence or place of human habitation unless properly altered to meet the existing provisions of § 410-3.2B of this zoning bylaw as they relate to residential use.
(3)
Fixed, retractable, or removable awnings and canopies for the protection of the public from the elements may be erected or installed within the front setback areas. On business and commercial buildings the awnings and canopies shall be limited to a six foot extension across the full face of the building. On multi-family residential buildings the awnings and canopies shall be limited to the area of the front entry walkway extending in a straight line to the building and not exceeding six feet in width.
(4)
For storage of boats and boat equipment, the requirements of § 410-4.4 of this zoning bylaw apply in all Commercial Recreation Districts.
(5)
Site plan review, as described in § 410-4.1, Site plan review of this bylaw, shall apply to all new buildings and/or structures which involve non-residential uses or multi-family uses for three or more residential units, and expansions or changes in use of existing buildings which will result in an increase of 5,000 square feet of gross floor area.
(6)
A non-residential building or structure hereafter erected in a Commercial Recreation District shall meet all minimum requirements set forth in Subsection C(6)(a), (b) and (c) below.
(a)
Minimum rear yard of 12 feet. In the event that additional yards are required to assure access to the rear of the lot or any adjacent lots, such yards shall be provided with a minimum width of 12 feet.
(b)
All buildings in Commercial Recreation Districts shall have a minimum setback of 10 feet; provided however, if there are already buildings fronting on the same street in the same block, the Board of Appeals may as an exception by Special Permit waive this requirement and establish a frontage to conform to the other buildings. Existing buildings shall not attain non-conforming status because of this setback requirement.
(7)
Land undergoing construction and/or development, and regrading is subject to the provisions of § 410-6.4, Grading, drainage, erosion and sediment control of this zoning bylaw.
(8)
In a residential area, garden sheds not requiring a permanent foundation or concrete slab, and no more than 80 square feet gross floor area, and less than eight feet in height shall not require a permit. Such sheds may not be constructed in the front setback area nor closer than three feet to any interior lot lines.
(9)
No structure(s) shall be built closer than 25 feet from the top edge of a cliff that is greater than 20 feet in height unless said cliff is certified as stable by a registered geologist or registered engineer.
(10)
In all business and/or commercial recreation districts, the provisions of § 410-4.2, Floodplain District use and development regulations of this zoning bylaw apply wherever applicable.
(11)
No building shall be constructed within 10 feet of a publicly owned seawall.
§ 410-3.7 Public Open Space District.
B.
All uses of property zoned Public Open Space other than municipal uses shall be subject to the approval of the Board of Appeals.
D.
Parking Requirements: to be determined by the Board of Appeals on a case by case basis.
E.
General Requirements for Public Open Space District
(1)
When Town-owned property is sold, its zoning status shall revert to the least restrictive zoning in the abutting districts, subject to such restrictions and conditions as may be imposed by the Town meeting vote selling the property, unless the Town meeting votes to place said property in a different zoning district.
(2)
Maximum height limitations may be exceeded by Special Permit issued by the Zoning Board of Appeals allowing a variation of roof heights of the structure or structures. The average height of the various roofs shall not exceed the maximum height allowed in the particular district. In no case shall the highest roof exceed the maximum height allowed in that district by more than 12 feet.
(3)
Fixed, retractable, or removable awnings and canopies for the protection of the public from the elements may be erected or installed within the front setback areas.
(4)
No building shall be constructed within 10 feet of a publicly owned seawall.
(5)
No building or structure or portion thereof constructed or adapted for a retail, mercantile or industrial use shall be occupied as a residence or place of human habitation unless properly altered to meet the existing provisions of § 410-3.2B of this zoning bylaw as they relate to residential use.
(6)
For storage of boats and boat equipment, the requirements of § 410-4.4 of this zoning bylaw apply in all Commercial Recreation Districts.
(7)
Site plan review, as described in § 410-4.1, Site plan review of this bylaw, shall apply to all new buildings and/or structures, which involve non-residential uses or multi-family uses for three or more residential units, and expansions or changes in use of existing buildings which will result in an increase of 5,000 square feet of gross floor area.
§ 410-3.8 Floodplain District.
[Amended 5-7-2012 ATM by Art. 26; 5-6-2024 ATM by Art. 31]
A.
The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas designated on the Plymouth County Flood Insurance Rate Map FIRM) issued by the Federal Emergency Management Agency for the administration of the National Flood Insurance Program, effective date July 3, 2024. These maps indicate the 1%-chance regulatory floodplain. The exact boundaries of the District shall be defined by the 1%-chance base flood elevations shown on the Plymouth County FIRM and further defined by the Plymouth County Flood Insurance Study (FIS) report effective date July 3, 2024. The effective FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Commissioner, and Climate Adaptation & Conservation Department.
§ 410-3.9 Conservation District.
Within a Conservation District, the following uses shall be permitted:
A.
Conservation of soil, water plants, and wildlife including wildlife management shelters and accessory outdoor, recreation uses limited to nature study areas, walkways, and boating or fishing where otherwise legally permitted;
B.
Maintenance and repair of existing structures, roadways, utilities and watercourses (including changes to watercourses for swimming, fishing and other recreational uses); and
C.
Accessory uses limited to fences, flagpoles, noncommercial signs and docks.
§ 410-3.10 Wireless Communication District.
A.
Purpose: The purpose of this section is to establish a district in which wireless communications services may be provided with minimal harm to the public health, safety and general welfare. The purpose of this by-law is also to establish appropriate siting criteria and standards for communications towers and facilities including but not limited to radio, television, and cellular communications. This by-law is intended to establish reasonable regulations while allowing adequate service to residents, the travelling public and others within the Town and to accommodate the need for the minimum possible number of such facilities within the Town. Specifically, the Wireless Communications Services District has been created to (a) protect the general public from hazards associated with wireless communications facilities; (b) minimize visual impacts from wireless communications facilities on districts within Hull and to preserve scenic views to and from the Town's roadways, open space, recreational areas and waterways; (c) allow the provisions of necessary wireless communications services and (d) promote shared use of facilities to minimize the need for additional facilities. This section does not apply to satellite dishes and antennas for residential use.
B.
Description of Areas Included in the Wireless Communications Services District:
(1)
The Wireless Communications Services District shall include all land and structures owned by the Town of Hull from time to time and all land and structures located in the Public Open Space District or in a Commercial Recreation District on a structure, other than a single or two family structure.
(2)
The Wireless Communications Services District shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.
C.
Special Permit Granting Authority: For the purposes of this By-law, the Board of Appeals shall be the Special Permit Granting Authority.
D.
Use Restrictions: A wireless communications facility (including antennas and accessory structures, if any) or devices, including antenna or satellite dish, may be erected in a Wireless Communications Services District upon the issuance of a special permit by the SPGA pursuant to Article VIII, § 410-8.1, and M.G.L. c. 40A, subject to all of the following conditions:
(1)
The only wireless communications structures allowed are free-standing monopoles, with associated antenna and/or panels. Lattice style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed. Wireless communications devices such as antennas, dishes and panels, mounted on or in a building or structure, are also allowed.
(2)
To the extent feasible, all service providers shall co-locate on a single facility. Wireless communications facilities shall be designed to accommodate the maximum number of users technologically practical, taking into account relevant matters, such as, for example, height limits, current and future technology. The intent of this requirement is to reduce the number of facilities which will be required to be located within the community.
(3)
Any proposed extension in the height, addition of cells, antennas, dishes or panels, construction of a new facility, or replacement of a facility, shall be subject to a new application for an amendment to the Special Permit.
(4)
New facilities shall be considered by the SPGA only upon a finding by the SPGA that existing or approved facilities or facilities under construction cannot accommodate the wireless communications equipment planned for the proposed facility.
(5)
In no event shall any monopole be located closer than two miles to any other such facility except upon a specific finding that such shorter distance does derogate from the intent of this bylaw.
(6)
Subject to such other limitations as expressed in this by-law, no facility or attached accessory antenna shall exceed 50 feet in height as measured from ground level at the base of the facility except upon a specific finding that such greater height is necessary and does not derogate from the intent of this bylaw.
(7)
All facilities shall be designed to be constructed at the minimum height necessary to accommodate the anticipated and future use.
(8)
A monopole shall not be erected nearer to any property line than a distance equal to the vertical height of the facility (inclusive of any appurtenant devices), measured at the mean finished grade of the facility base, except upon a specific finding that such shorter distance does not derogate from the intent of this by-law.
(9)
A monopole shall not be erected nearer to a residential lot line than 500 feet, except upon a specific finding that such shorter distance does not derogate from the intent of this by-law.
(10)
Siting shall be such that the view of the facility from adjacent abutters, residential neighbors and other areas of Town shall be as limited as possible. All facilities shall be painted or otherwise colored so they will blend in with the landscape or the structure on which they are located. A different coloring scheme shall be used to blend the facility with the landscape below and above the tree or building line.
(11)
Wireless communications facilities shall be suitably screened from abutters and residential neighborhoods.
(12)
Fencing, as appropriate, shall be provided to control access to wireless communications facilities and shall be compatible with the scenic character of the Town.
(13)
Existing on-site vegetation shall be preserved to the maximum extent practicable.
(14)
There shall be no signs, except for announcement signs, no trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. The aggregate of the signs shall not exceed three square feet.
(15)
Night lighting of the facilities shall be prohibited unless required by the Federal Aviation Administration. Lighting shall be limited to that needed for emergencies and/or as required by the FAA.
(16)
There shall be a minimum of one parking space for each monopole, and be used in connection with the maintenance of the facility and the site, and not to be used for the permanent storage of vehicles. The parking space shall measure nine feet by 20 feet.
(17)
To the extent technologically feasible, all network interconnections and utilities from the facility shall be via underground land lines and underground connections.
(18)
Applicants proposing to erect facilities on municipally owned land or structures shall provide evidence of contractual authorization from the Town to conduct wireless communications services on municipally owned property.
(19)
Traffic associated with the facility and accessory facilities and structures shall not adversely affect abutting ways.
(20)
Satellite dishes, panels and/or antenna may be located on or in structures or may be free-standing. Satellite dishes, panels and/or antenna shall be situated on a structure in such a manner that they are screened, preferably not being visible from abutting streets. Free standing dishes, panels or antenna shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape.
(21)
Antennas, panels or dishes located on a structure shall not exceed 10 feet in height above the level of its attachment to the structure.
(22)
Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute including structural integrity certification by a professional registered engineer and required maintenance shall be filed with the Building Commissioner by the Special Permit holder.
(23)
All unused facilities or parts thereof or accessory facilities and structures which have not been used for one year shall be dismantled and removed at the owner's expense. The Special Permit holder shall file and maintain in effect a bond ensuring that the facilities shall be removed as provided for hereunder or when its use has been discontinued. Said bond shall be from a company authorized to do business in Massachusetts and shall be subject to the approval of the Town. This shall be a condition of the special permit and shall be filed prior to the issuance of the building permit.
E.
Procedure for a Special Permit: All applications for wireless communications facilities, including towers, antennas, panels or satellite dishes shall be made and filed on the applicable application forms for site plan and special permit in compliance with the Application Instructions. In addition to the requirements for Site Plan Review under § 410-4.1 of the Hull Zoning By-law and the Special Permit Requirements under Article VIII, § 410-8.1, of the Hull Zoning By-Law, five copies of the following information must be submitted for an application to be considered complete. The Special Permit shall be applied for and obtained as a pre-condition for applying for and obtaining Site Plan Review.
(1)
A site plan at a scale of 1" = 40' which shall show all property lines, the exact locations of the proposed facilities and structure(s), street, landscape features, residential dwellings and neighborhoods and all buildings within 500 feet of the facility.
(2)
A color photograph or rendition of the facility with its antennas, dishes and/or panels. For satellite dishes panels or antennas, a color photograph or rendition illustrating the dish, panel or antenna at the proposed location is required. A rendition shall also be prepared illustrating a view of the monopole, dish, panel or antenna from the nearest street or streets.
(3)
The following information must be prepared by a professional engineer or other authorized representative, as appropriate for the information being presented:
(a)
A description of the facility and the technical, economic and other reasons for the proposed location, height and design,
(b)
Confirmation that the facility complies with all applicable Federal and State standards,
(c)
A description of the capacity of the facility including the number and type of panels, dishes, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations,
(d)
If applicable, a written statement that the proposed facility complies with, or is exempt from applicable regulations administered by the Federal Aviation Administration (FAA) Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health,
(e)
The applicable review and advertising fees as noted in the application guidelines.
(4)
The applicant must produce and file proof of authorization for the location proposed, such as a deed, lease, license or preliminary approval of same, such as a letter of intent.
(5)
Nothing contained in this By-law shall preclude the SPGA from requesting additional information related to the subject of the applications, which information shall be provided by the applicant.
F.
Criteria For Review and Approval:
(1)
[Findings.]
(a)
The SPGA shall review all applications for communications facilities and shall find:
[1]
That the location of the facilities is suitable and that the size, height, and design is the minimum necessary for that purpose.
[2]
That the proposed facility will not adversely impact historic structures or scenic views.
[3]
That there are no feasible alternatives to the location of the proposed facility (including co-location) that would minimize their impact and that the applicant has exercised good faith in permitting future co-location of facilities at the site.
[4]
That the proposed facility is in compliance with federal and state requirements regarding aviation safety.
(b)
The findings, including the basis for such findings, of the Board shall be stated in the written decision of approval, conditional approval, or denial of the application for Special Permit.
(2)
The Board shall also impose, in addition to any applicable conditions specified in the By-law, such applicable conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise service the purposes of this By-law, including, but not limited to: screening, buffering, lighting, fences, modification of the exterior appearance of the structures, limitation upon the size, method of access or other traffic features, parking, removal or cessation of use, or other requirements. Such conditions shall be imposed in writing and the applicant may be required to post bond or other surety for compliance with said conditions in an amount and form satisfactory to the Board.
(3)
The Special Permit is granted for a period of two years and shall lapse if substantial use or construction has not commenced by such date, except for a good cause shown. And provided further that such construction, once begun, shall be actively and continuously pursued to completion within a reasonable time. Any extension, addition of cells or construction of new or replacement facilities shall be subject to an amendment of the Special Permit following the same procedure as for an original grant of a Special Permit.
G.
H.
Term of Permit: Special permits issued hereunder shall run for a period of five years following the issuance thereof. Prior to the expiration thereof, the permit holder shall file for a renewal or extension of said permit by following the provisions of this bylaw then in effect for the issuance of an original permit. It is the responsibility of the permit holder to so file in a timely enough manner to ensure no lapse in authorization. The SPGA may issue a temporary special permit during the hearing process.
I.
Severability: If any portion of this bylaw shall be declared invalid by the final decision of an authorized agency or court of competent jurisdiction, such invalidity shall not affect the remaining portions, which shall remain in full force and effect; and to this end the provisions of this bylaw are hereby declared severable.
§ 410-3.11 Kenberma Area Overlay Parking District.
A.
The parcels located on the east side of Kingsley Road, between Kenberma Street and Revere Street, currently zoned as a Multifamily A District, shall also be designated as the Kenberma Area Overlay Parking District.
B.
In addition to all uses allowed in the underlying zoning district, parcels in the Kenberma Area Parking Overlay district may be utilized for vehicular parking, traffic flow, customer access, maintenance vehicle access and deliveries accessory to the abutting businesses on Nantasket Avenue. Such uses may be established, however, only in conjunction with a substantial lateral expansion of a commercial building on the abutting Nantasket Avenue property. For the purpose of this bylaw the term "substantial lateral expansion" shall be defined as an expansion of an existing commercial building on Nantasket Avenue that increases its gross retail floor area by at least 40% and a) does not expand the building into the Multifamily A District on Kingsley Road) and b) does not add a story or stories to the existing or expanded building.
C.
The establishment of accessory parking and vehicle access areas on parcels in the parking overlay district shall be subject to Site Plan Review by the Hull Planning Board in accordance with the provisions of § 410-4.1 of the Zoning Bylaw. In addition to all other powers of the Planning Board pursuant to § 410-4.1, in reviewing a project in the Kenberma Area Parking Overlay District the Planning Board may impose reasonable conditions pertaining to lighting, drainage, screening, curb cuts, access, hours of use and landscaping which shall promote the use of the overlay district parcels for the authorized accessory purposes but mitigate potential adverse impacts on neighboring residential properties.
§ 410-3.12 Nantasket Beach Overlay District.
[Added 5-7-2013 ATM by Art. 23]
A.
Purpose. The purpose of the Nantasket Beach Overlay District is to stimulate mixed use redevelopment of commercial and multi-family property at scales and densities appropriate for an historic beachfront community in order to revitalize the economy and help balance the commercial and residential tax base while protecting people, property, and resources. The NBOD achieves this purpose by;
(1)
Supporting environmentally and commercially sustainable development;
(2)
Promoting a mix of uses and architecture so that commercial, residential and cultural opportunities may be developed in close proximity to one another in a pedestrian and bicycle friendly community;
(3)
Providing landowners with the opportunity to pursue more flexible forms of development in exchange for advancing community goals and values;
(4)
Enhancing the value of land and buildings;
(5)
Encouraging a less sprawling and more efficient form of development that consumes less open land and reduces greenhouse gas emissions;
(6)
Protecting barrier beach and dune systems and their functions in providing storm and flood protection and wildlife habitat, and
(7)
Creating incentives for development that can withstand sea level rise and increased flooding and frequency and intensity of storms caused by climate change, and thereby; protect persons and property from the hazards that may result from unsuitable development in areas subject to flooding, extreme high tides, and rising sea level.
B.
Scope of Authority.
(1)
The NBOD shall be considered as overlying other districts and shall be described by and include the areas included in the NBOD on the Town of Hull Zoning Map. The owners of property in the NBOD shall continue to possess all current underlying zoning rights and be subject to the requirements applicable in those Districts, except as provided in Subsection F, Prohibited uses.
(2)
If a proponent requests to develop in accordance with the regulations in this section, the rules and regulations of the NBOD shall apply. If the proponent elects to develop under the provisions of the underlying zoning district, the provisions of that district shall control and the provisions of the NBOD shall not apply. If it is not clear as to whether the NBOD provisions or the underlying district provisions apply, then the provisions of the NBOD shall supersede.
(3)
Special Permit approval is required as described in Subsection C of the NBOD for all projects and uses.
(4)
Flood Protection: The Planning Board may at its discretion issue a Special Permit allowing new and existing buildings within a Special Flood Hazard Area in the NBOD, as defined by the latest edition of 780 CMR (Code of Massachusetts Regulations, Massachusetts State Building Code), to be elevated beyond the prescribed height limit to provide compliance by meeting or exceeding the flood elevation requirements of said CMR. Buildings cannot exceed the elevation required to comply with 780 CMR by more than four feet or six feet if permitted under Subsection L incentives for adaptive and resilient buildings of the NBOD.
C.
Special Permit Administration and Procedures: The Planning Board shall act as Special Permit Granting Authority for the Overlay District, following the procedures specified in § 410-3.5A(2) of this Zoning Bylaw, except for § 410-3.5A(2)(a)[11][a], [b], [e], [f], [h] and [18] which shall not be applied in the NBOD. However, when the projects in the NBOD include hotels, all provisions of § 410-3.5A(2)(a) shall apply except for Subsection A(2)(a)[11][h] relating to parking and Subsection A(2)(a)[11][c] a definition of hotel. All projects being permitted under the NBOD shall be subject to the NBOD Subsection J off-street parking and loading requirements. The Hotel definition in Subsection D applies to Hotels permitted under the NBOD.
(1)
Required submittals for a Special Permit. Each application for a Special Permit in the NBOD shall be accompanied by a site plan and building elevations at an appropriate scale. Such site plan shall show the entire project area at a scale of a minimum of 1" = 20' and shall be prepared by a registered surveyor and/or registered professional engineer and registered architect. The site plan and 10 copies thereof and listed plans and studies shall be submitted with the application to the Town Clerk who shall forthwith transmit the same to the Planning Board and shall show at least the information required in § 410-3.5A(2)(a)[3] of these Bylaws, and in addition as follows:
(2)
The Planning Board may require such additional information and impose conditions as it finds necessary to protect the health, safety, and welfare of the public or the occupants of the proposed use, or of the NBOD.
(3)
The Planning Board has the authority to employ consultants or experts including but not limited to technicians, attorneys, engineers, economists and architects for the purposes of reviewing and evaluating, on its behalf, the information shown on the site plan and any additional information. The costs of such professional assistance incurred by the Planning Board shall be borne by the applicant. However, the cost to be paid by the applicant (1) shall not exceed the reasonable and usual charges of the consultants; and (2) shall be estimated in writing by the consultants and made known to the applicant before the Board incurs any costs. No Certificate of Occupancy may be issued by the Building Commissioner until the applicant has paid, or reimbursed the Town for all such costs.
(4)
Special Permit Procedures for the NDOD shall be those procedures stipulated in § 410-3.5A(2)(a)[4], [5], [6], [7] and [8] of these Bylaws.
(5)
In considering an application for a Special Permit under this Section, the Planning Board may approve same only if it finds that, in its judgment, the proposed development shall not be substantially more detrimental to the established character of the neighborhood and Town and all the conditions set forth in § 410-3.5A(2)(a)[9] of these Bylaws are satisfactorily met.
(6)
Special permit conditions. In approving a Special Permit, the Planning Board shall be authorized to attach such conditions and safeguards as are deemed necessary and appropriate to protect the neighborhood and the Town of Hull. These may include but not necessarily be limited to all the conditions set forth in § 410-3.5A(2)(a)[12] of these Bylaws and including:
(a)
Appropriate modifications to the design features to ensure compliance with the standards set forth herein. The Building Commissioner shall not issue a certificate of occupancy until and unless the Planning Board issues a certificate of compliance with the provisions herein provided. All construction, including landscaping, site preparation and other authorized uses of the land, shall be in compliance with an approved Special Permit and conditions attached thereto and Site Plan conditions unless duly amended by the Planning Board.
(7)
The Special Permit shall automatically lapse two years from the date of the grant of a Special Permit unless substantial use or construction is commenced except for good cause, or an extension has been granted by the Planning Board for not more than six months. Excluded in the two-year time period is the time required to pursue or await the determination of appeal referred to in S. 17 of the M.G.L., Chapter 40A..
(8)
To facilitate a streamlined permitting process under the NBOD, the Planning Board shall conduct Site Plan Review, as specified in Town Hull Zoning Bylaw § 410-4.1, and where appropriate shall conduct this Site Plan Review process concurrently with the Special Permit process for the NBOD, including holding a joint public hearing for Site Plan Review and Special Permit Review.
(9)
Reviews by various municipal boards, departments, agencies or commissions may be held jointly in accordance with M.G.L. Chapter 40A, S. 11 of the General Laws.
(10)
Minor modifications to the Special Permit may be made at a duly held regular or special meeting of the Planning Board.
D. ADULT USE APPURTENANT STRUCTURES DORMER DRIVE-THROUGH RETAIL ESTABLISHMENT FLAT ROOF FREEBOARD GREEN BUILDING(1) (2) (3) (4) GROSS FLOOR AREA HABITABLE SPACE HEIGHT OF BUILDING HOTEL MANSARD ROOF MARKET HALL MIXED USE BUILDING MIXED USE DEVELOPMENT OPEN SPACE RESIDENTIAL DISTRICTS SEGMENTATION SLOPED ROOF [WITH RAFTERS] SMART GROWTH(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
Definitions.
An adult bookstore, an adult motion picture theater, an adult dance club, an adult paraphernalia store, an adult video store and such other uses as defined and provided for by M.G.L. Chapter 40A, S. 9A.
Appurtenances to buildings which are in no way used for living purposes, such as chimneys, towers, spires, stairwell penthouses, and ornamental features, turrets, cupolas or other special features may extend up to 10 linear feet above the maximum permitted height provided the plan area of such features does not exceed 10% of the overall square footage of the roof. Appurtenances shall be a component of the roof design, and not appear to be a leftover or add-on element.
A structure as part of the roof built with the front wall flush with the wall below, or projected beyond a maximum of two feet, or held back no more than half the length of the main sloped or Mansard Roof, with side walls perpendicular to the pitch of the sloped roof. "Eyebrow" and hip dormers without side walls also shall be defined as dormers. Height of dormer shall be no higher than main roof. Linear footage of dormer shall be measured at the base of the dormer wall, unless the roof intersects the main roof without side walls, in which case the width shall be measured at the mean of the dormer roof.
Any commercial use which utilizes a vehicular drive-up window including but not limited to banks and the sale of food.
A roof whose pitch is a maximum of 1:12. Height measurements shall be to the perimeter of the roof, or to any level parapet or to the mean of any pitched or radius parapet.
The elevation of the building above the National Flood Insurance Program (NFIP) minimum. Freeboard reduces storm and flood damage as well as helping to protect against sea level rise.
Structures and site that incorporate the following performance elements:
Minimum impact on ecosystems and water resources and water use both inside and out. Highest possible energy-efficiency and use of alternative energy sources including passive solar and/or onsite alternative energy production.
Use of sustainable building materials and reduction of solid waste.
Have indoor environmental quality elements which promote better indoor air quality including natural ventilation and access to daylight and views.
Compact site layouts that enable and promote walking and provide physical connections to a range of transportation modes, open space and other amenities. Incorporation of features for on-site retention, detention and low impact design treatment of stormwater runoff and on-site and off-site stormwater drainage sized to accommodate affects of sea level rise, flooding and increased frequency and intensity of storm events.
The sum of the floor areas of all the spaces within the building with no deductions for floor penetrations other than atria is the Gross Floor Area (GFA) It is measured from the exterior faces of exterior walls or from the centerline of walls separating buildings but it excludes covered walkways, open roofed-over areas, porches and similar spaces, pipe trenches, exterior terraces or steps, roof overhangs, parking garages, surface parking, and similar features.
An area of any structure that is legally accessible and intended for human occupancy for permanent residential or commercial uses. Mechanical rooms, parking areas, storage areas, other passive accommodations or temporary uses shall not constitute habitable space.
The vertical distance above the curb grade, to the highest point of the roof beams of a flat roof or the mean of roof rafters of a sloping roof or to the top of a mansard roof. However, if the natural grade of the ground contiguous to the building is not at the curb grade, the height shall be measured from the mean finished grade at the foundation of the building.
Is defined as any establishment used for the feeding and lodging of guests which is licensed or required to be licensed under the provisions of M.G.L. Chapter 140, § 6. The definition of a hotel shall not include a motel, lodging house or rooming house.
A roof which forms the walls of the top floor of a building with a Flat Roof above. The pitch of the roof shall be a minimum of 10:12 and maximum of 18:12. Height of Roof shall be measured to the intersection of the Mansard Roof and the Flat Roof above it.
The lowest floor of a multi-story structure that is not designed as a habitable space but can be occupied on a seasonal basis, is without permanent walls and is for uses including but not limited to temporary commercial or retail uses, cultural uses, parking (limited to 50% of the area) and shall be open with minimum headroom of eight feet and compliant with lowest floor uses as defined in § 410-4.2 and Subsection K of the NBOD.
A combination of office, retail and/or residential uses arranged vertically in multiple stories of buildings which are mutually supporting, exhibit physical and functional integration and are developed in conformance with a coherent design. A combination of commercial parking facilities and residential uses shall constitute a mixed use.
A development containing a mix of some or all of multi-family residential, single-family residential, commercial, institutional and other uses, all conceived, planned and integrated to create vibrant, workable, livable and attractive neighborhoods is a mixed use development.
Open Space (OS) is defined as; land that is open to the sky, including natural features of the site and not covered by permanent structures or impervious surfaces; parts of a lot landscaped with trees, shrubs, ground covers and grass, walks, bike trails, terraces, plazas and related pedestrian uses and amenities which may be open to the public or for occupants of lots. Such space may not include lot area used for parking, access drives or other impervious areas intended for vehicular use. OS may include required twenty-foot setbacks where an NBOD project abuts a residence or residential district. OS may include public and private walkways linking OS to public ways and parking and transportation facilities. Impervious surfaces intended for access for those with disabilities are included in the OS calculation. OS under the NBOD shall protect and enhance important natural and cultural resources including but not limited to: natural systems; cultural resources including passive and active recreation; vistas and view corridors, and locations for cultural events and celebrations. Public OS is encouraged in the NBOD.
All residential zoning districts defined in the Zoning Bylaw including, Single Family A, B and C and Multi-Family A and B.
Developments may not be intentionally divided into parts to avoid compliance with the requirements of the NBOD.
A roof with a pitch greater than 1:12, terminating in a ridge or hip.
Well-planned development that protects OS, revitalizes communities, keeps housing affordable and provides more transportation choices. There are 12 principles that define Smart Growth:
Mix of land uses.
Take advantage of compact building design.
Create a range of housing opportunities and choices.
Provide a variety of transportation choices including walkable neighborhoods and transit oriented developments which reduce vehicle miles travelled.
Foster distinctive, attractive communities with a strong sense of place.
Preserve OS, natural beauty, and critical environmental areas.
Strengthen and direct development towards existing communities with respect for historical architectural context and preservation of significant historical fabric.
Make development decisions predictable, fair, and cost effective.
Encourage community and stakeholder collaboration in development decisions.
Reduce carbon footprint by conserving energy, and by using alternative energy sources.
Building and site design which utilizes passive solar energy and natural ventilation.
Conserving water resources through low impact site design and conservation.
E.
Special Permit uses. All uses currently allowed in the zoning underlying the NBOD are allowed in the NBOD by Special Permit except for the prohibited uses in Subsection F below.
F.
Prohibited uses. The following uses are prohibited within the boundaries of the NBOD:
(1)
Adult uses.
(2)
Drive-through food establishment is prohibited. Other drive through retail establishments if determined by the Planning Board to create traffic congestion and other detrimental impacts on the public welfare are also prohibited.
(3)
Automobile, motorcycle and boat repair, sales, and service establishments, including gasoline or diesel fueling stations.
(4)
Car wash.
(5)
Storage of chemicals or other hazardous materials, except for household hazardous waste stored in accordance with the Town's Residential Hazardous Materials guidelines.
(6)
Video arcades unless this use is pre-existing on site prior to Special Permit request to develop a project through the NBOD or the Planning Board determines this is an acceptable support function at the project location under the NBOD.
(7)
Large auditoriums or entertainment uses where they abut Residential Districts unless the Planning Board determines that sufficient on and offsite parking is provided and that hours of operation, noise, light and other use impacts are not detrimental to the neighborhood and any abutting residential districts and that there is effective enforcement of all use regulations.
G.
Dimensional, lot and density regulations. The following requirements shall apply to development carried out under the provisions of this NBOD. The Special Permit may authorize the continuation, extension and/or modification of pre-existing dimensional nonconformities and may apply the yard and dimensional requirements applicable to new buildings in the NBOD.
(1)
Setbacks and yards
(a)
Minimum lot size: None.
(b)
Minimum frontage: 25 linear feet or other which is deemed by the Planning Board to be appropriate for the project site.
(c)
Front yard: 10 linear feet from lot line including any right-of-way, provided however, if there are already buildings fronting on the same street in the same block, the Planning Board may as an exception by Special Permit waive this requirement and establish a frontage to conform to the other buildings. Existing buildings shall not attain non-conforming status because of this setback requirement.
(d)
Minimum side yard: None, except where the subject property shares a lot line with a residential parcel in any residential district in which case the minimum side yard shall be 20 feet. This yard requirement may be part of the projects required OS.
(e)
Minimum rear yard: None, except where the subject property shares a lot line with a residential parcel in any residential district in which case the minimum rear yard setback shall be 20 feet. This yard requirement may be part of the projects required OS.
(f)
Multi-family residential structures shall be setback at least 25 feet from the boundary of the project area or such lesser distance as may be permitted by the Planning Board.
(2)
Height: The maximum height shall be 40 feet plus usual appurtenant structures. The Planning Board may approve through the Special Permit process as described in Subsection C of the NBOD, developments of a maximum height 40 feet with the following exceptions:
(a)
In order to preserve existing residential views:
[1]
Where lots in the NBOD abut any Residential District the maximum height shall not exceed 40 feet plus roof top appurtenant structures and any flood freeboard allowance. Where the underlying zoning has a minimum lot area dimension this height restriction shall apply to an area of the abutting lot up to that minimum which shall be a transition area between NBOD projects and Residential Districts.
[2]
Buildings within 250 feet from any Residential District shall not exceed the height of the underlying zoning. The proponent can overcome this requirement by documenting that the topography is such that the proposed building and appurtenant structures will not impede residential views. Documentation required to overcome this requirement includes but is not limited to:
[a]
Licensed survey of topography with two foot contours for project site and abutting residential properties in Residential Districts within an area 250 feet from any Residential District.
[b]
Architectural and engineering plans showing views of project from residences within 250 feet from project structures and appurtenant structures.
(b)
The Planning Board may at its discretion issue a Special Permit allowing new and existing buildings within a Special Flood Hazard Area, as defined by the latest edition of 780 CMR, to be elevated beyond the prescribed height limit to provide flood proofing by meeting or exceeding the flood elevation requirements of said CMR. Buildings cannot exceed the elevation required to comply with 780 CMR by more than four feet. Roof top mechanicals appropriately screened or enclosed must be below the total allowed building height.
(c)
Under Subsection L of the NBOD, "Incentives for constructing buildings that are adapted to and resilient to the impacts of climate change on coastal communities in designated floodplain districts." The Planning Board may at its discretion issue a Special Permit allowing new and existing buildings within a Special Flood Hazard Area, as defined by the latest edition of 780 CMR, to be elevated beyond the prescribed height limit to provide flood proofing by meeting or exceeding the flood elevation requirements of said CMR. Buildings cannot exceed the elevation required to comply with 780 CMR by more than six feet. Roof top mechanicals appropriately screened or enclosed must be below the total allowed building height.
H.
Open Space Requirement. The project proponent shall submit an Open Space (OS) Plan to the Planning Board for all projects exceeding six acres. The Planning Board may require an OS Plan and/or conservation restriction for projects of less than six acres to protect community interests. All OS Plans shall include a maintenance plan. The purpose of the OS Requirement is to maintain the character of a beachfront community. In order to achieve this purpose OS Plans required under the NBOD shall protect and enhance Hull's many important natural and cultural resources and interests including but not limited to the following:
(1)
Natural System(s). In particular, barrier beach and dune systems as defined in 310 CMR 10 and their functions in providing storm and flood protection and wildlife habitat.
(2)
Cultural resources including:
(a)
Passive and active recreation spaces, except activities detrimental to drainage, flood control, erosion and the functions of flood and storm protection provided by barrier beaches, dunes and other wetlands.
(b)
Vistas and View Corridors: Among the visual resources are water bodies, parks, beaches, and other OS; landmarks, monuments, and historically and architecturally important buildings and structures. It is the policy of the Hull Planning Board to open up, create, and maintain important view corridors, especially of such landmark features as Boston Light, World's End, the Weir River, all ocean, bay and harbor views; Fort Revere, the Boston skyline, and historic sites and buildings.
(c)
Locations for cultural events and celebrations.
(3)
OS Area Requirements: The OS required below shall be left undeveloped and/or improvements and uses as described in Subsection H(4) below shall be provided. The requirements are minimums and the Planning Board may require additional OS and or offsite OS mitigation to protect community interests as described in Subsection H(1) and (2).
(a)
Development projects including six or more acres shall set aside a minimum of 50% of the total project area, including a required 20 foot wide setback strip around the perimeter of the development, as OS.
(b)
When a project in the NBOD abuts a residential district a transition of landscaped OS a minimum of 20 feet wide including any or all of the uses in Subsection H(4), must be part of the required OS plan and is included in the required OS area calculation.
(c)
Development projects of less than six acres shall set aside a minimum of 15% of the total project area as OS which shall include any required yard or setback.
(d)
Development projects may be phased but not segmented. The projects OS requirements are calculated based on the entire project build out regardless of phasing.
(e)
The Planning Board in review of OS plans may consider existing public OS, conservation areas and recreational opportunities available in the neighborhood in determining compliance with OS area requirements. The Board shall consider existing public OS when a project includes rehabilitation, rebuilding or additions to existing structures.
(4)
A required OS Plan shall have one or a mix of the following uses:
(a)
Undeveloped property.
(b)
Recreational facilities such as pathways, picnic areas or play-fields.
(c)
Pocket parks, gathering places and plazas which may be open to the public.
(d)
Walkways and bike lanes linking transit, parking and natural and built attractions with landscaping, sidewalk furniture and other pedestrian scale amenities which may be open to the public.
(5)
Contiguity of OS: Preserved OS shall be contiguous to the greatest extent practicable. Where noncontiguous areas of OS are preferable to protect conservation areas, applicants shall attempt to connect these resource areas to the greatest extent practicable through the use of trails and/or vegetated corridors. OS will still be considered contiguous if it is separated by a shared driveway, roadway, or an accessory amenity (such as, paved pathway or trail, or shed for the storage of equipment).
(6)
Ownership of the OS: OS contained within the property owners' lot(s) shall be owned and maintained by the property owner. At the applicant's discretion the OS may be owned by:
(a)
A private owner for any purpose not inconsistent with a conservation restriction or the approved OS plan;
(b)
A non-profit organization or agency of the Commonwealth, with their consent, whose principal purpose is the conservation of OS for any of the purposes set forth herein;
(c)
The Hull Conservation Commission; or
(d)
A property owners association (POA) owned jointly or in common by the owners of lots or units within the project. If the POA option is selected the following shall apply:
[1]
The documents organizing the POA shall be submitted to the Planning Board for approval before final approval of the project, recorded prior to the issuance of building permits, comply with all applicable provisions of state law, and pass with conveyance of the lots or units in perpetuity. Each individual deed, and the deed, trust, or Articles of Incorporation, shall include language designed to effect these provisions.
[2]
Membership must be mandatory for each property owner, who must be required by recorded covenants and restrictions to pay fees to the POA for taxes, insurance, and maintenance of common OS, private roads, and other common facilities.
[3]
The POA must be responsible in perpetuity for liability insurance, property taxes, the maintenance of recreational and other facilities, private roads, and any shared driveways.
[4]
Property owners must pay their pro rata share of the costs in Subsection H(6)(d)[3] above, and the assessment levied by the POA must be able to become a lien upon individual properties within the project.
[5]
The POA must be able to adjust the assessment to meet changed needs.
[6]
The applicant shall make a conditional grant to the Town of Hull, binding upon the POA, of the fee interest to all OS to be conveyed to the POA. Such offer may be accepted by the Town of Hull, at the discretion of the Hull Select Board, upon the failure of the POA to take title to the OS from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the POA to fulfill its maintenance obligations hereunder or to pay its real property taxes.
[Amended 5-8-2021 ATM by Art. 6C]
[7]
Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the OS lands by proceeding against individual property owners in the POA and the dwelling units they each own.
[8]
Hull Town Counsel must find that the POA documents presented satisfy the conditions in Subsection H(6)(d)[1] through [6] above, and such other conditions as the Planning Board shall deem necessary.
(e)
[1]
The conveyance of a conservation restriction as outlined herein; and
[2]
The granting of an access easement over such land sufficient to ensure its perpetual maintenance as conservation, or recreation land. Such easement shall provide that in the event the trust or other owner fails to maintain the OS in reasonable condition, the Town of Hull may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. The cost of such maintenance by the Town of Hull shall be assessed against the properties within the development and/or to the owner of the OS.
[3]
Pursuant to G.L. Chapter 40 S. 58 the Town of Hull may file a lien against the lot or lots to ensure payment for such maintenance. Pursuant to G.L. Chapter 40 S. 57 the Town of Hull may also deny any application for, or revoke or suspend a building permit or any local license or permit, due to neglect or refusal by any property owner to pay any maintenance assessments levied.
(f)
Maintenance: The Planning Board shall require the proponent to submit an ongoing maintenance plan and subsequently will establish ongoing maintenance standards as a condition of development approval to ensure that utilities are properly maintained and the OS land is not used for storage or dumping of refuse, junk, or other offensive or hazardous materials. Such standards shall be enforceable by the Town against any owner of OS land, including a POA. If the Select Board finds that the maintenance provisions are being violated to the extent that the condition of the utilities or the open land constitutes a public nuisance, it may, upon 30 days written notice to the owner, enter the premises for necessary maintenance, and the cost of such maintenance by the Town shall be assessed ratably against the landowner or, in the case of an POA, the owners of properties within the development, and shall, if unpaid, become a property tax lien on such property or properties.
[Amended 5-8-2021 ATM by Art. 6C]
(7)
Permanent Conservation of the Required OS: Any land required to be set aside as OS, voluntarily preserved in excess of that required, conserved as a condition of site plan approval and Special Permit, shall be permanently protected pursuant to Article 97 of the Articles of Amendment to the Constitution of the Commonwealth of Massachusetts or a perpetual restriction under G.L. Chapter 184 S. 31-33. Unless conveyed to the Town of Hull Conservation Commission, the required OS shall be subject to a permanent Conservation, or Watershed Preservation Restriction conforming to the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, in accordance with G.L. Chapter 184 S. 31-33, approved by the Planning Board and Select Board and held by the Town of Hull, the Commonwealth of Massachusetts, or a non-profit conservation organization qualified to hold conservation restrictions under G.L. Chapter 184 S. 31-33. Any proposed OS that does not qualify for inclusion in a Conservation Restriction or Watershed Preservation Restriction or that is rejected from inclusion in these programs by the Commonwealth of Massachusetts shall be subject to a Restrictive Covenant in perpetuity under G.L. Chapter 184, Sections 26-30, which shall be approved by the Planning Board and Select Board and held by or for the benefit of the Town of Hull.
[Amended 5-8-2021 ATM by Art. 6C]
(a)
The restriction shall specify the prohibited and permitted uses of the restricted land, which would otherwise constitute impermissible development or use of the OS, consistent with the Special Permit Uses, Subsection E, and Prohibited Uses, Subsection F, of the NBOD and any permits. The restriction may permit, but the Planning Board may not require, public access or access by residents of the development to the protected land.
(b)
Such land shall be perpetually kept in an open state, preserved exclusively for the purposes set forth herein and in the deed and/or in a restriction, and maintained in a manner which will ensure its suitability for its intended purposes. Any restriction or other legal document necessary to permanently conserve OS as required herein shall be recorded before lots are released or building permits are issued, whichever comes first.
I.
General Requirements for Developments Under the NBOD.
(1)
Screening. NBOD areas abutting or within a residential area shall provide screening along the common property line in the form of an opaque fence, wall, or continuous evergreen shrubbery at least six feet in height.
(2)
Fixed, retractable, or removable awnings and canopies for the protection of the public from the elements may be erected or installed within the front yard areas. On commercial and mixed use buildings these structures shall be limited to a six-foot extension across the full face of the building. On multi-family residential buildings the awnings and canopies shall be limited to the area of the front entry walkway extending in a straight line to the building and not exceeding six feet in width with minimum clear headroom of six feet eight inches.
(3)
The Planning Board after receiving recommendations from the Design Review Board will determine the size, type and design of all signs, notwithstanding the provisions of Article VII of the Zoning Bylaw. Any future change in signage shall require an application to amend the Special Permit to the Planning Board.
J.
Off-Street Parking and Loading Requirements. Off-Street Parking Requirements for the NBOD are Specified in Table 1.
Table 1 | |
|---|---|
Use | Required Spaces |
Studio and 1-bedroom residential units | 1 spaces/unit |
2 or more bedroom residential units | 2 spaces/unit |
Eating and drinking establishments | 1 space/4 seats or 2 spaces/150 sq. ft gross floor area (GFA) |
Hotels, motels, inns and bed and breakfasts | 0.75 spaces/guest room; add 1 space/500 sq. ft. meeting or banquet area |
Medical, dental, or professional office building | 1.3 spaces/200 sq. ft. GFA |
Offices (general) | 1 space/300 sq. ft. GFA |
Retail business and service establishments | 1 space/250 sq. ft. GFA on 1st floor; 1 space/500 sq. ft. GFA thereafter on other floors (excluding basement storage) |
Theaters, auditoriums/halls, places of assembly | 1 space/5 seats or per 8 linear ft. bench seating; OR 1 space/100 sq. ft. floor area if there are not fixed seats |
Mixed-uses in a single building/development | Sum of individual uses; shared parking provision may apply |
Notwithstanding the foregoing parking requirements, if the applicant provides valet parking or other suitable alternative services, the Planning Board may authorize lesser requirements for both the number and size of parking spaces. |
(1)
Shared Parking: Shared parking is encouraged in the NBOD. The goal of shared parking is to utilize limited parking space efficiently and thereby reduce congestion and air pollution by reducing "cruising" for parking spaces. When shared parking is proposed under the NBOD the proponent shall be required under Subsection C(1)(a) to submit a traffic impact study including a parking program.
(a)
Stores, offices and other lawful uses except hotels, motels, residences, boarding houses, and rooming houses which are located in the NBOD may propose shared parking using the Department of Conservation and Recreation (DCR) parking lots providing that the legal distance between a DCR public parking lot and the main pedestrian entrance of the proposed use does not exceed 500 feet and the proponent has documented authorization from DCR to utilize DCR parking spaces which includes the number of spaces, their location and time and season of use.
(b)
Parking required for two or more buildings or uses may be provided in combined parking facilities where such facilities will continue to be available for the several buildings or uses. The total number of required spaces may be reduced by up to 1/2 if it can be demonstrated that the hours of days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility. Proposals for shared parking shall be reviewed under Special Permit procedures concurrently with Site Plan Review, § 410-4.1. The following requirements shall be met:
[1]
The proponent shall provide documented evidence of reduced parking needs based on planning and engineering practice satisfactory to the Planning Board.
[2]
The Planning Board shall determine how a combined or mixed use facility shall be broken down into its separate (constituent) components.
[3]
If a lower total is approved, no change in any use shall thereafter be permitted without further evidence to the Planning Board that the parking will remain adequate in the future, and if the evidence is not satisfactory, then additional parking shall be provided (either on- or off-site, or via a fee-in-lieu of parking) before a change in use is authorized by the Planning Board. A change in use of the entity providing the shared parking spaces will require the entity utilizing the shared parking to request an amended Special Permit for a new parking plan.
[4]
Any change in use, ownership or control of the entities owning or controlling the shared parking will require evidence of continued availability of shared parking to be provided to the Planning Board and Town Counsel and any such approved change shall be filed with the Site Plan if applicable and at the Registry of Deeds.
[5]
Off-street parking related to residential uses must be accommodated for on-site or nearby in a specific off-site lot controlled by the proponent.
(2)
Fee-in-lieu of parking. All or a portion of the required off-street parking for commercial, non-residential uses may be waived by a Special Permit from the Planning Board when the property is located within the NBOD, provided the following conditions are met:
(a)
The proponent provides evidence of a sufficient number of available public parking spaces in the vicinity of the property to justify the waiver without detriment to public transportation, health, and welfare and that the proponent is authorized to use said parking spaces from the controlling public entity, the Town's Select Board or the Department of Conservation and Recreation.
[Amended 5-8-2021 ATM by Art. 6C]
(b)
The Town is paid a fee equal to the fair market value of the waived parking spaces (the area of which shall be determined by the number of waived spaces times 200 square feet) plus the cost of converting such spaces into a parking lot, or public/private parking garage as estimated by the Planning Board with the advice of a consulting engineer and a minimum of two appraisals whose fees will be paid through an escrow account funded by the proponent. The Planning Board may require additional appraisals if deemed necessary. The owner of the property subject to the waiver is responsible for the payment in lieu of parking.
(c)
Payments in lieu of parking shall be made to a special Town account whose expenditures will be limited to costs related to parking and parking related transportation and facilities and bicycle facilities including trolley service connecting to remote parking lots and transit within and in the vicinity of the NBOD.
(d)
If the property owner donates to the Town a public right-of-way providing an important pedestrian or vehicular linkage, or contributes to the capital or operating expenses of the public trolley or bicycle system in accordance with a parking management or circulation plan adopted by the Planning Board, the Board may reduce the fee specified in the paragraph above by an amount equal to the value of the donation, up to the total amount of the fee.
(e)
Any waiver of off-street parking approved under this Section shall run with the land. Any subsequent changes of use requiring more parking shall necessitate a parking plan amendment and Planning Board review. No refund of any payment shall be made when there is a change to a use requiring less parking. Such payment and/or donation shall be made to the Town in total prior to the issuance of a building permit.
(3)
Bicycle parking
(a)
Bicycle parking shall be provided for all new development, and shall be located as close as possible to the building entrance(s).
(b)
Two bicycle parking spaces shall be provided for each 20 off-street parking spaces required.
(c)
Each will be a minimum of two feet wide by six feet long.
(d)
Rack(s) will be provided that allow for the bicycle frame and one wheel to be locked to the rack and that support the bicycle in a stable position without damage to wheels, frame or components. All bicycle racks shall be securely anchored to the ground or building structure.
(e)
Any property required to have bicycle parking may establish a shared bicycle parking facility with any other property owner in the same block.
K.
Design Standards
(1)
The purpose of this Section is to provide standards to guide the development of buildings and renovations in the NBOD with human-scale, pedestrian-oriented, high-quality design that contributes to the Nantasket area's visual interest and vibrancy and relates to the community's historic architectural types.
(2)
In addition to the criteria in Chapter 127 of the Town of Hull General Bylaws and § 410-4.1 of this Zoning Bylaw, the Planning Board and the Design Review Board shall consider the following development attributes when evaluating development proposed in the NBOD:
(a)
Facade and openings. All primary commercial and residential building entrances shall be visible from the right-of-way and the sidewalk, and shall have an entrance directly accessible from the sidewalk. Doors shall not extend beyond the exterior facade into pedestrian pathways.
(b)
Scale, massing and spacing of buildings. The size and detailing of buildings shall reflect the community preference for moderate-scale structures that do not resemble "big box shopping centers." New buildings and/or substantial alterations shall incorporate features to add visual interest while reducing the appearance of bulk or mass, such as varied facades, rooflines, roof heights, materials, and appropriately designed details such as moldings, cornices, bay windows, turrets, arcades, colonnades, brick chimneys or shutters appropriately designed and proportioned. Buildings shall provide for sight buffers and preservation of light and air to adjacent premises and roadways. Length of a building along its front shall not exceed 80 feet without one or a combination of the following where deemed appropriate by the Planning Board:
(c)
Buildings shall relate to the pedestrian scale by:
[1]
Including architectural details to add visual interest along the ground floor of all facades that face streets, squares, pedestrian pathways, parking lots or other significant public OS.
[2]
Articulating the base, middle and top of the facade separated by cornices, string cornices, step-backs or other similar features.
[3]
Continuous lengths of flat, blank walls adjacent to streets, pedestrian pathways, or OS shall not be permitted.
[4]
Flat roofs are discouraged to avoid a box shaped appearance and to create visual breaks in the verticality of the facade for any buildings over 30 feet. Buildings over 30 feet that are proposing flat roofs shall incorporate design features that minimize the box shape appearance. This may be accomplished through the use of:
[Amended 5-8-2021 ATM by Art. 11]
(d)
Site design. The qualities and performance of building sites may be included in any design standards adopted by the Planning Board and may include the following areas for review:
[1]
The location and configuration of proposed buildings and structures, parking areas and OS shall be designed so as to minimize shadow effects and any adverse impact on temperature levels or wind velocities on the site or adjoining properties.
[2]
All attributes included in the definition of Green Buildings.
[3]
Identify natural and manmade storm and flood protection.
[4]
Infrastructure including water, sewer, power and data systems.
[5]
Conservation of public view corridors and vistas; Among Hull's important visual features are water bodies, parks, beaches, and other OS; landmarks, monuments, and historically and architecturally important buildings and structures. It is the policy of the Planning Board to open up, create, and maintain important view corridors, especially of such landmark features as Boston Light, World's End, the Weir River, all ocean, beach, bay and harbor views. Boardwalks and site design elements may be used to enhance visual access to these coastal and cultural assets.
[6]
Dumpster enclosure, loading facilities, any utilities, HVAC and similar service elements locations shall be addressed as early as possible in design review.
(e)
Exterior architectural details, materials, colors. Traditional materials or materials visually indistinguishable and compatible with traditional materials are encouraged, such as cement fiber clapboards without artificial wood texture. Vinyl siding is strongly discouraged. PVC trim, moldings and railings are permitted within the established standards.
[1]
Awnings and canopies shall be compatible with the architectural style of the building. Colors and patterns used for awnings and canopies shall be subdued and compatible with existing awnings on adjacent buildings.
[2]
Except for minor trim, the building shall avoid the appearance of reflective materials. Glazing for windows and doors shall be non-reflective.
[3]
Ground floor commercial building facades facing streets, squares, or other pedestrian spaces shall contain transparent windows. Ground floor facades should avoid blank walls. Wherever possible, existing historic structures on the site shall be preserved and renovated for use as part of the development. Building facades and materials shall be varied to avoid appearance of building mass inappropriate for historic beachfront community.
[4]
Any alteration of or addition to an historic structure shall employ materials, colors and textures as well as massing, size, scale and architectural features that are compatible with the original structure. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
(f)
Roof slopes and shapes. New construction, including new development above existing buildings and/or substantial alterations, shall incorporate gables, dormers, cupolas, towers or other traditional roof forms which will be consistent with the historic architecture of the Town of Hull. Flat roofs are discouraged see Subsection K(2)(c)[4]. Roof slopes and shapes shall be varied to encourage appearance of building mass appropriate for historic beachfront community.
(g)
Mechanical equipment located on roofs shall be screened and/or enclosed, organized and designed as a component of the roof design, and not appear to be a leftover or add-on element. Roof top mechanicals appropriately screened or enclosed must be below any height allowance allowed for flood protection in the NBOD.
(h)
Pedestrian amenities. To the maximum extent possible development in the NBOD shall provide pedestrian amenities, such as wide sidewalks/pathways, outdoor seating/benches, plazas, squares or courtyards. Pedestrian pathways/sidewalks that connect parking areas with adjacent developments are encouraged.
(3)
The Planning Board after consultation with the Design Review Board may promulgate more detailed design standards and guidelines in addition to the above criteria.
L.
Incentives for constructing buildings that are adapted to and resilient to the impacts of climate change on coastal communities in designated floodplain districts.
(1)
The purpose of this section is to encourage construction that will withstand increased flood elevations and frequency and intensity of storm events for new buildings and those being substantially improved (costs equal or exceed 50% of the appraised market value).
(2)
This Section provides the following incentives:
(a)
The Planning Board will permit projects under Subsection L through the Special Permit procedures (Subsection C of the NBOD). Projects permitted under this Section will be eligible for a rebate of up to $500 on the building permit fees through the Town's established administrative process for "freeboard" rebate.
(b)
Buildings will be eligible for insurance savings from the National Flood Insurance Program based on their elevation above the National Flood Insurance Program (NFIP) minimum height requirements. Projects proposed under Subsection L must determine and report on their potential insurance savings allowed from NFIP due to their proposed "freeboard".
(c)
In order to provide storm and flood protection for new and existing buildings within a Special Flood Hazard Area, as defined by the latest edition of 780 CMR, the Planning Board may allow building heights up to a maximum of 40 feet above a non habitable lowest floor (as defined in S. 42 of this Bylaw) which must be a "Market Hall." The height of the "Market Hall" will be calculated by adding the required flood elevation plus up to six feet of freeboard. Therefore the total building height is calculated by adding the flood elevation plus the allowed freeboard up to six feet and up to the maximum allowed 40 feet of habitable space. Buildings cannot exceed the elevation required to comply with 780 CMR by more than six feet.
(3)
In order to receive these incentives, the project must incorporate the following elements into the proposed development:
(a)
All buildings must comply with existing Floodplain Regulations as set forth in § 410-4.2 of this Zoning Bylaw.
(b)
The lowest floor or story of a building shall not contain habitable space, regardless of the property's location within the Floodplain Districts set forth in § 410-3.8 and § 410-4.2 of this Zoning Bylaw and the property's designation within special flood hazard areas by the Plymouth County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. Instead, open commercial lowest floor space will be used for temporary non-habitable uses as inspired by the traditional Market Hall that provide utility and ideally, contribute to economic and social activity of the NBOD.
(c)
Lowest floor uses may include but are not limited to:
[1]
Farmer's markets, vendor stalls.
[2]
Art exhibition and performance art.
[3]
Beach Reservation Visitors' Center and historic exhibits.
[4]
Temporary outdoor eating spaces, such as cafe tables for seasonal restaurants.
[5]
Parking, provided that the space allotted to parking does not occupy more than 50% of the total lowest floor square footage and is screened from other uses by three to five feet height screening with minimum 50% opacity.
[6]
Facilities to access the habitable floors of the structure, including enclosed stairways, foyers, elevators and similar facilities.
(d)
Mechanical, electrical service and HVAC equipment shall not be located on the lowest floor, but rather shall be located on roof or upper stories and screened or enclosed as an integral part of the building design and not an add on feature.
(e)
Generators sized to meet the emergency electrical demands of the building are located on roof or upper stories.
(f)
Underground utility lines and submersible electrical transformers are required where appropriate and feasible.
(g)
To the greatest extent possible buildings will be constructed to the highest storm and flood resistant standards for the A Zone, as described in 780 CMR 120.G, Flood-Resistant Construction and Construction in Coastal Dunes.
(h)
To the greatest extent possible, proponents shall incorporate in their buildings and developments the standards for building construction, architecture and site design for "Green Building" as defined in Subsection D of the NBOD.
(i)
To the greatest extent possible built landscape features that function to provide storm and flood protection shall be constructed and maintained.
§ 410-3.13 Marijuana Overlay District.
[Added 2-12-2018 STM by Art. 7; amended 5-8-2021 ATM by Art. 6C; 5-6-2024 ATM by Art. 32-A]
All marijuana related uses (medical and/or recreational) are prohibited outside the boundaries of the Marijuana Overlay District.
A.
Purpose. The purpose of the Marijuana Overlay District (MOD) is to provide for the placement and regulation of Marijuana related uses as authorized pursuant to State regulations with a goal of minimizing potential adverse impacts on adjacent property owners, neighborhoods, and the Town in general.
B. MARIJUANA ESTABLISHMENT(1) (2) MARIJUANA PRODUCT MARIJUANA RETAIL ESTABLISHMENT(1) MEDICAL MARIJUANA TREATMENT CENTER (MTC)
Definitions.
A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, or any other type of licensed marijuana related business. Does not include Medical Marijuana Treatment Centers or Marijuana Retail Establishments. To the extent required the following prohibition may be subject to a Referendum:
Prohibition: Consistent with G.L. c. 94G, § 3(a)(2), all types of "Marijuana Establishments" as that term is defined in G.L. c. 94G, § 1 and 935 CMR 500, including marijuana cultivators, craft marijuana cooperatives, marijuana product manufacturers, independent testing laboratories, marijuana transporters or any other type of licensed marijuana-related businesses, shall be prohibited within the Town of Hull; provided however, that this prohibition shall not apply to Marijuana Retail Establishments as defined in § 410-3.13 of the Zoning Bylaw.
This prohibition shall also not apply to the sale, distribution, or cultivation of marijuana for medical purposes by a "Medical Marijuana Treatment Center" as defined in § 410-3.13 of the Zoning Bylaw.
Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use of consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
An entity licensed to purchase, repackage, white label, and transport marijuana or marijuana product from marijuana establishments, and to transfer this product to marijuana establishments and to sell to consumers.
Maximum Retail Establishments: The number of Marijuana Retail Establishments permitted to be located within the Town of Hull shall not exceed two.
Formerly known as a Registered Marijuana Dispensary (RMD). means an entity licensed under 935 CMR 501.101 that acquires, cultivates, possesses, processes (including development of related products such as Edibles, MIPs, Tinctures, aerosols, oils, or ointments), repackages, transports, sells, distributes, delivers, dispenses, or administers Marijuana, products containing Marijuana, related supplies, or educational materials to Registered Qualifying Patients or their Personal Caregivers for medical use. Unless otherwise specified, MTC refers to the site(s) of dispensing, cultivation, and preparation of Marijuana for medical use.
C.
Authority and Establishment
(1)
The Planning Board shall be the Special Permit and Site Plan Review Granting Authority for uses in the MOD.
(2)
The boundaries of the MOD are shown on the Town of Hull Zoning Map on file with the Town Clerk.
(3)
Within the MOD all requirements of the underlying districts remain in effect, except where these regulations provide an alternative to such requirements. If the provisions of the MOD are silent on a zoning regulation, the requirements of the underlying district shall apply. If the provisions of the MOD conflict with the requirements of the underlying district, then the provisions of the MOD shall control.
D.
Special Permit and Site Plan Review Administration and Procedures
E.
Severability. If any provision of this by-law shall be found invalid for any reason, such invalidity shall be construed as narrowly as possible, and the balance of the Section shall be deemed to be amended to the minimum extent necessary, so as to secure the purposes thereof, as set forth in Subsection A hereof.
F.
MEDICAL MARIJUANA TREATMENT CENTERS (MTC). Applicants seeking approval to operate an MTC within the MOD shall proceed under the following regulations:
(1)
Use Regulations. MTCs are allowed only within the set boundaries of the MOD.
(2)
Host Agreement. Prior to application with the Planning Board applicants shall execute a host agreement or host agreement waiver with the Select Board.
(3)
Application. In addition to the materials required under § 410-3.5A(2) of the Zoning By-Law, the application for a Special Permit MTC shall include:
(a)
Disclosure Statement - A notarized statement signed by the organization's Chief Executive Officer and corporate attorney disclosing all of its designated representatives, including officers and directors, 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 all such responsible individual persons for such entity.
(b)
Description of Activities - A narrative describing the type and scale of all activities that will take place on the proposed site, including, but not limited to on-site sales of marijuana or marijuana infused products, off-site deliveries, distribution of educational materials, and other programs or activities.
(c)
Floor Plans - A floor plan of the premises of the proposed MTC that identifies the square footage available and describes the functional areas of the MTC.
(d)
Site Plans - A plan or plans depicting all proposed development on the property as required under § 410-4.1 of this bylaw.
(e)
Service Area - A map and narrative describing the area proposed to be served by the MTC and the anticipated number of clients that will be served within that area. This description shall indicate where any other MTC exists or have been proposed within the expected service area.
(f)
Transportation and Parking Analysis - A quantitative analysis, prepared by a qualified transportation specialist acceptable to the Planning Board, modeling the expected origin and frequency of client and employee trips to the site, the expected modes of transportation used by clients and employees, and the frequency and scale of deliveries to and from the site.
(g)
Context Map - A map depicting all lots and land uses within a 500-foot radius of the premises.
(h)
Building Elevations and Signage - Architectural drawings of all exterior building facades and all proposed signage, specifying materials and colors to be used.
(i)
Registration Materials: RMD shall be registered by the Massachusetts Department of Public Health (DPH) and copies of the application materials issued for the purpose of seeking registration included in the application to the Town.
(j)
Letters from the Police and Fire Departments indicating that they have reviewed the application materials for the safety and security measures of the MTC.
(k)
Executed host agreement or host community agreement waiver.
(4)
Dimensional Regulations. Dimensional Regulations are governed by the underlying zoning or applicable overlay district.
(5)
Special Permit Criteria. In granting a Special Permit for a MTC, in addition to the general criteria for issuance of a Special Permit as set forth in § 410-3.5A(2) of this Zoning By-Law, the Planning Board shall find that the following criteria are met:
(a)
The building or buildings in which MTC activities take place shall not be located within, on the same lot as, or on a lot adjacent to a licensed pharmacy or within buildings that contain any pharmacy, medical doctor offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana, which exist as of the effective date of this amendment to the Zoning By-Law.
(b)
The MTC shall establish policies and procedures to ensure that no marijuana is smoked, eaten or otherwise consumed or ingested on the Premises.
(c)
The hours of operation shall be set by the Planning Board, but in no event shall a MTC be open to the public, nor shall any sale or other distribution of marijuana occur upon the Premises or via delivery from the Premises, between the hours of 8:00 p.m. and 8:00 a.m.
(d)
The MTC meets all of the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in compliance with all applicable state laws and regulations.
(e)
The MTC shall be designed to be compatible with other buildings in the area and to mitigate any adverse visual or design impacts that might result from required security measures and restrictions on visibility into the building's interior.
(f)
The MTC provides a secure indoor waiting area for individuals and clients.
(g)
The site is designed such that it provides convenient, safe and secure access and egress for clients and employees arriving to and leaving from the site using all modes of transportation, including drivers, pedestrians, bicyclists and public transportation users.
(h)
Traffic generated by client trips, employee trips, deliveries to and from the MTC, and parking and queuing especially during peak periods at the MTC, shall not create a substantial adverse impact on nearby uses.
(i)
Buffer Zone: An MTC shall not be sited within a radius of 500 feet of an existing, licensed daycare center; a school or a playground dedicated to the primary use by or for children; a facility where the primary use is a video arcade; or the Paragon Carousel. The buffer zone distance of 500 feet shall be measured in a straight line from the geometric center of the MTC Entrance to the geometric center of the nearest applicable Entrance unless there is an Impassable Barrier (as that term is defined by 935 CMR 500.002) within those 500 feet; in these cases, the buffer zone distance shall be measured along the center of the shortest publicly-accessible pedestrian travel path from the geometric center of the MTC Entrance to the geometric center of the nearest applicable Entrance.
(6)
Special Permit Conditions. The Planning Board shall impose conditions reasonably appropriate to improve site design, traffic flow, public safety, air quality, and preserve the character of the surrounding area and otherwise serve the purpose of this Section. In addition to any specific conditions applicable to the Applicant's MTC, the Planning Board shall include the following conditions in any Special Permit granted under this Section:
(a)
Hours of Operation, including dispatch of home deliveries.
(b)
(Reserved)
(c)
The Special Permit shall lapse upon the expiration or termination of the Applicant's registration by CCC.
(d)
The permit holder shall provide to the Building Commissioner, Police and Fire Departments, and the Board of Health, the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder.
(e)
The designated contact person(s) shall notify in writing the Police and Fire Departments, Building Commissioner, Board of Health, and the Planning Board within a minimum 12 hours following a violation, a potential violation, or any attempts to violate any applicable law, or any criminal, potential criminal, or attempted criminal activities as a MTC permitted under this Section.
(f)
The designated representatives shall file an annual report (annually from the issuance of a Certificate of Occupancy) with the Office of Community Development providing a copy of all current applicable state licenses for the MTC and to demonstrate continued compliance with the conditions of the Special Permit.
(g)
An MTC licensed after July 1, 2017 shall not convert to a Marijuana Retail Establishment without following the Special Permit and Site Plan Review procedures outlined in § 410-3.13G..
G.
MARIJUANA RETAIL ESTABLISHMENTS (RECREATIONAL MARIJUANA). Applicants seeking approval to operate a Marijuana Retail Establishment within the MOD shall proceed under the following regulations:
(1)
Use Regulations. Marijuana Retail Establishments are allowed only within the set boundaries of the MOD pursuant to a Special Permit and Site Plan Approval. The Planning Board shall be the Special Permit Granting Authority.
(2)
Host Community Agreement or Host Community Agreement Waiver. Prior to submitting an application with the Planning Board, applicants shall execute a host community agreement or host community agreement waiver with the Select Board.
(3)
Application. In addition to the materials required under § 410-3.5A(2) of the Zoning By-Law, the application for a Special Permit for a Marijuana Retail Establishment shall include:
(a)
Disclosure Statement - A notarized statement signed by the organization's Chief Executive Officer and corporate attorney disclosing all of its designated representatives, including officers and directors, 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 all such responsible individual persons for such entity.
(b)
Description of Activities - A narrative describing the type and scale of all activities that will take place on the proposed site, including, but not limited to on-site sales of marijuana or marijuana infused products, off-site deliveries, distribution of educational materials, and other programs or activities.
(c)
Floor Plans - A floor plan of the premises of the proposed Marijuana Retail Establishment that identifies the square footage available and describes the functional areas of the Marijuana Retail Establishment.
(d)
Site Plans - A plan or plans depicting all proposed development on the property as required under § 410-4.1 of this bylaw.
(e)
Service Area - A map and narrative describing the area proposed to be served by the Marijuana Retail Establishment and the anticipated number of clients that will be served within that area. This description shall indicate where any other Marijuana Retail Establishment exists or have been proposed within the expected service area.
(f)
Transportation and Parking Analysis - A quantitative analysis, prepared by a qualified transportation specialist acceptable to the Planning Board, modeling the expected origin and frequency of client and employee trips to the site, the expected modes of transportation used by clients and employees, and the frequency and scale of deliveries to and from the site.
(g)
Context Map - A map depicting all lots and land uses within 500 feet and any marijuana related land uses within a 2,500-foot radius of the premises.
(h)
Building Elevations - Architectural drawings of all exterior building facades, specifying dimensions, materials and colors to be used.
(i)
Letters from the Police and Fire Departments indicating that they have reviewed the application materials for the safety and security measures of the Marijuana Retail Establishment.
(j)
Executed host community agreement or host community agreement waiver.
(k)
Signage - Drawings of all proposed signage specifying location, illumination, dimensions, materials and colors to be used and details of sign construction.
(4)
Dimensional Regulations. Dimensional Regulations are governed by the underlying zoning or applicable overlay district.
(5)
Special Permit Criteria. In granting a Special Permit for a Marijuana Retail Establishment, in addition to the general criteria for issuance of a Special Permit as set forth in § 410-3.5A(2) of this Zoning By-law, the Planning Board shall find that the following criteria are met:
(a)
The building or buildings in which Marijuana Retail Establishment activities take place shall not be located within, on the same lot as, or on a lot adjacent to a licensed pharmacy or within buildings that contain any pharmacy, medical doctor offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana, which exist as of the effective date of this amendment to the Zoning By-Law. This shall not prohibit a Marijuana Retail Establishment from collocating with a MTC.
(b)
The Marijuana Retail Establishment shall establish policies and procedures to ensure that no marijuana is smoked, eaten or otherwise consumed or ingested on the Premises.
(c)
The hours of operation shall be set by the Planning Board, but in no event shall a Marijuana Retail Establishment be open to the public, nor shall any sale or other distribution of marijuana occur upon the Premises or via delivery from the premises, between the hours of 10:00 p.m. and 8:00 a.m.
(d)
The Marijuana Retail Establishment meets all of the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in compliance with all applicable state and local laws and regulations.
(e)
The Marijuana Retail Establishment has been designed to be compatible with other buildings in the area and to mitigate any adverse visual or design impacts that might result from required security measures and restrictions on visibility into the building's interior.
(f)
The Marijuana Retail Establishment provides a secure indoor waiting area for individuals and clients.
(g)
Site is designed such that it provides convenient, safe and secure access and egress for clients and employees arriving to and leaving from the site using all modes of transportation, including drivers, pedestrians, bicyclists and public transportation users.
(h)
Traffic generated by client trips, employee trips, deliveries to and from the Marijuana Retail Establishment, and parking and queuing especially during peak periods at the Marijuana Retail. Establishment, shall not create a substantial adverse impact on nearby uses.
(i)
Buffer Zones:
[1]
A Marijuana Retail Establishment Entrance may not be closer than 500 feet from the nearest Entrance (as that term is defined by 953 CMR 500.002) of any schools (K-12), daycare centers, video arcades, the Paragon Carousel and playgrounds dedicated for the use of children. The buffer zone distance of 500 feet shall be measured in a straight line from the geometric center of the Marijuana Establishment Entrance to the geometric center of the nearest applicable Entrance, unless there is an Impassable Barrier (as that term is defined by 935 CMR 500.002) within those 500 feet; in these cases, the buffer zone distance shall be measured along the center of the shortest publicly-accessible pedestrian travel path from the geometric center of the Marijuana Retail Establishment Entrance to the geometric center of the nearest applicable Entrance.
[2]
A Marijuana Retail Establishment shall be a minimum distance of 2,500 feet from the location of another Marijuana Retail Establishment or MTC, measured from the two closest points on the lots where these establishments are to be located. This is not meant to prohibit a single facility from containing both a Marijuana Retail Establishment and an MTC.
(j)
Marijuana Retail Establishments shall be located only in a permanent, enclosed building and not within any mobile facility. All sales shall be conducted either within the building or by home delivery pursuant to applicable state regulations. There shall be no "drive through windows" or openings of any kind allowing the purchase of marijuana or marijuana products to consumers outside of an enclosed structure.
(6)
Special Permit Conditions. The Planning Board shall impose conditions reasonably appropriate to improve site design, traffic flow, public safety, air quality, and to preserve the character of the surrounding area and otherwise serve the purpose of this Section. In addition to any specific conditions applicable to the Applicant's Marijuana Retail Establishment, the Planning Board shall include the following conditions in any Special Permit granted under this Section:
(a)
Hours of Operation, including dispatch of home deliveries.
(b)
(Reserved)
(c)
Special Permit shall lapse upon the expiration or termination of the Applicant's license by the Cannabis Control Commission.
(d)
The Permit holder shall provide to the Building Commissioner, Police and Fire Departments, Town Manager, Select Board, and the Board of Health, the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder.
(e)
The permit holder shall notify the Town Manager, Select Board, Zoning Enforcement Officer and Planning Board in writing within 48 hours of the cessation of operation of the Marijuana Retail Establishment's expiration or termination of the permit holder's license with the Cannabis Control Commission.
(f)
The designated contact person(s) shall notify in writing the Police and Fire Departments, Town Manager, Select Board, Building Commissioner, Board of Health, and the Planning Board within a minimum 12 hours following a violation, a potential violation, or any attempts to violate any applicable law, or any criminal, potential criminal, or attempted criminal activities as a Marijuana Retail Establishment permitted under this Section.
(g)
The designated representatives shall file an annual report (annually from the issuance of a Certificate of Occupancy) with the Office of Community Development and Planning providing a copy of all current applicable state licenses for the Marijuana Retail Establishment and to demonstrate continued compliance with the conditions of Special Permit.
(h)
If Planning Board determines that provided parking is not adequate to address observed demand after operations have commenced the applicant agrees to meet with the Planning Board to explore options and make best efforts to resolve the issue.
(i)
No marijuana shall be smoked, eaten or otherwise consumed or ingested on the premises.
(j)
The Marijuana Retail Establishment operations shall not create nuisance conditions in parking areas, sidewalks, streets and areas surrounding its premises and adjacent properties. "Nuisance" includes, but is not limited to, disturbances of the peace, open public consumption of marijuana, excessive pedestrian or vehicular traffic, odors emanating from the Marijuana Retail Establishment's premises, electrical lighting, illegal drug activity under State or local law, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, excessive citation for violations of State traffic laws and regulations and/or Transportation Division Rules and Regulations, queuing of patrons (vehicular or pedestrian) in or other obstructions of the public way (sidewalks and streets), collisions between vehicles, bicyclists, and pedestrians, lewd conduct or police detentions and arrests.
(k)
Any Marijuana Retail Establishment that the Special Permit Granting Authority determines has become a nuisance for any reason may be found in violation of the Special Permit.