Lanesborough City Zoning Code
ARTICLE VIII
Special Provisions
§ 165-26 Erosion and sediment control.
Site design, materials, and methods of construction or operation shall be designed to avoid erosion damage, sedimentation or uncontrolled surface runoff.
A.
The following requirements must be complied with whether a special permit is required or not.
(1)
Slopes of 10% or greater which result from grading, construction, or other land alteration shall be stabilized either through a structural retaining wall or cribbing, or through vegetative slope stabilization, comprising not less than four inches of topsoil planted densely with plants having shallow fibrous roots sufficient to retain the soil. The Building Inspector may require mulch or other temporary stabilization measures. Either a constructed surface or cover vegetation will be provided immediately following filling or stripping.
(2)
Placing more than 100 cubic yards of fill on any lot or raising ground level by three vertical feet or more within any lot shall require a permit from the Building Inspector. Reasonable care shall be taken to avoid harmful diversion of water affecting adjoining properties; that mature trees shall be reasonably protected; that no resultant slope shall exceed one foot vertical to two feet horizontal. Either a constructed surface or vegetation will be provided immediately following fillings or stripping.
B.
Special permit required. Each of the following shall require a special permit from the Zoning Board of Appeals:
(1)
Placing more than 200 cubic yards of fill per acre on any parcel.
(2)
Exposing more than two acres of bare earth through either removal or filling unless in conjunction with agricultural activity or in conjunction with road construction.
(3)
Construction or grading of more than 3,000 square feet of land where the average natural slope exceeds 25%.
C.
Application for special permit shall include a plan showing existing and proposed grades at key locations, vegetation (or other surface cover) and description of temporary or permanent impoundment basins or other methods proposed for controlling erosion, sedimentation, or other soil instability during and after construction. The Board of Appeals may require the applicant to submit a report from the USDA Natural Resources Conservation Service (NRCS) or soil loss calculation prepared by a soil scientist or engineer in cases of doubt as to adequacy of proposed measures. The Board may also require the furnishing of a performance bond or other security during the construction period. The Board of Appeals shall obtain a recommendation from the Conservation Commission. Such special permit shall be granted only if the Board determines that adequate provisions have been made for control of erosion, sedimentation, and runoff, both during and after construction; for avoidance of unsightly conditions; and for protection against other environmental degradation.
§ 165-27 Parking requirements.
[Amended 6-8-2021 ATM by Art. 27]
In any district where permitted, no use of premises shall be authorized or extended and no building or structure shall be erected or enlarged, unless there is provided for such extension, erection, or enlargement off-street automobile parking space indoors, or if outdoors, treated with a surface binder, gravel, or crushed stones, within 300 feet of the main building, structure or use of the premises, in accordance with the following minimum requirements. An area of 200 square feet of appropriate dimensions for the parking of an automobile, exclusive of drives or aisles, shall be considered as an off-street parking space. In the interests of safety, for all uses except single-family dwellings, it shall be required that drives be provided so that entry to and exit from said off-street parking spaces does not require the backing of automobiles onto the street.
A.
One space for each sleeping room in a short-term rental, boardinghouse, motel or cabin.
B.
One space for each two beds in a hospital.
C.
One space for each four beds in a nursing home or rest home.
D.
One space for each 350 square feet or fraction thereof of any retail, wholesale, or service establishment,
E.
One space for each two employees and one space for each three seats, permanent or otherwise, for patron use for restaurants and other places serving food or beverages, and for theaters, auditoriums, and other places of amusement or assembly.
F.
One space for each three persons employed or anticipated to be employed on the largest shift for all types of shops, buildings, storage, manufacturing, or other permitted uses.
G.
In the Mixed Commercial District, the number of parking spaces shall be determined by the Planning Board following an analysis of the specific uses proposed in any site plan review. In performing this analysis the Planning Board reserves the right to hire, at the applicant's cost, an independent consultant to review the proposed parking requirements.
§ 165-28 Off-street loading requirements.
Where use of premises requires frequent truck deliveries, there shall be provided adequate off-street parking for said deliveries. The required area shall be in addition to that required for automobile parking. The access to said off-street loading areas shall not create a traffic hazard. Frequent parking of trucks on a public or private street or way adjacent to the premises shall be considered evidence of the inadequacy of the off-street loading area.
§ 165-29 Signs.
Signs shall be allowed only in accordance with the following regulations:
A.
Permits. No sign shall be erected on any property, or affixed to the outside of any structure without the property owner of the same first having obtained therefor a permit from the Building Inspector. A record of all applications, plans and permits shall be kept on file by the Building Inspector.
B.
The application for said permit shall be submitted by the property owner and include:
(1)
A plan of the premises or building on which such sign is to be located, including the location of any existing buildings, structures or signs and the location of the proposed sign and shall include a drawing and description of such sign, the foregoing to enable the Building Inspector to determine that such sign will come within the provisions, spirit and intent of this section of this bylaw.
C.
R and R-A Districts: signs pertaining to the use of a lot or building, not more than two in number, with a total area of two square feet in the R District, and 20 square feet in the R-A District.
D.
LB, B and I Districts: one freestanding sign shall be permitted per lot. The maximum area of the sign shall be 50 square feet for the first business on the lot. The sign area may increase by 25 square feet per business for each additional business on the lot. Each business on the lot shall be permitted a maximum of two signs attached to the building and visible from the outside of the building. The total area of the two signs shall not exceed 150 square feet.
E.
MC District: Property owner shall submit a signage plan and shall be allowed signage that is consistent with the character of the surrounding area on special permit from the Planning Board.
[Amended 6-8-2021 ATM by Art. 27]
F.
Temporary signs and off-premises signs. No signs shall be located off the premises to which they apply; except that directional, informational, or signs for identification may be allowed by permit issued by the Building Inspector where such signs shall serve the public convenience and not be detrimental to the neighborhood with respect to size, location, or design. Such permits shall not be valid for more than 90 days. Temporary signs used in the MC District shall be constructed of a solid, durable material. No banners or streamers are allowed in any district.
[Amended 6-8-2021 ATM by Art. 27]
G.
Public safety requirements. In the interest of public safety, the following regulations shall be required:
(1)
Signs shall not protrude or extend more than six inches over public property, or more than 18 inches from the exterior of a building in the MC District except by authorization of the Zoning Board of Appeals under § 165-45A.
[Amended 6-8-2021 ATM by Art. 27]
(2)
Blinking lights, blinking illuminated signs, signs with moving parts, and signs making noises shall not be permitted. Two banner signs, not including feather flags, are allowed per business with a total area not to exceed 25% of the street-facing facade. Open signs, closed signs, menu signs, and one sandwich-board-type sign are allowed per business. These sign types shall not count toward the total allowable signage area.
[Amended 6-13-2023 ATM by Art. 28]
(3)
Signs shall not be hung from or in any way affixed to any other sign.
(4)
Signs shall be set back a minimum of 10 feet from any lot line.
(5)
Any spotlight illuminating a sign shall be controlled so as not to have the beams cast into the eyes of oncoming motorists or onto any adjacent residential premises.
H.
Nonconforming signs. Any sign legally in existence at the time of adoption of this bylaw may be continued in use. If such sign or billboard is removed or altered by act of nature, vandalism or accident, it may be restored to its former condition. If such sign needs to be changed, painted, relettered or repaired, the same may be done; provided, however, where such restoration, repair or change would allow conformity with the provisions of Subsection F above, without undo expense, the conformity shall be required; under no other circumstances may any nonconforming sign or billboard be restored, replaced or re-erected.
§ 165-30 Fencing.
A.
Storage and junkyards shall be concealed from view from abutting premises and the street by a suitable and well-kept fence. A permit for such fence shall be obtained from the Building Inspector, the application for which shall include a written description of such fence. Before issuing the permit, the Building Inspector shall determine that such a fence will meet the provisions of this bylaw and will not detract from the neighborhood.
B.
Nonagricultural fencing shall not interfere with traffic safety, and shall require a permit from the Building Inspector.
C.
A permit request for a nonagricultural residential boundary fence shall include a survey of the property line in question. This requirement may be waived with the written consent of the affected abutter.
D.
Boundary fences shall be erected with the finished side facing abutting properties.
§ 165-31 Visibility at corners.
On any corner lot there shall be no building, structure, shrubbery, planting, or fence other than of flat woven or welded wire construction, such as will obstruct traffic visibility, within the height of 2 1/2 and 10 feet above the plane of the intersecting streets and within the area formed by the intersecting street lines and a straight line joining such street lines at points which are 25 feet distant from the point of intersection, measured along such street lines.
§ 165-32 Fast-food eating establishments.
Any freestanding fast-food eating establishment shall:
A.
Require a special permit from the Planning Board under the provisions of Chapter 40A of the General Laws, as amended.
B.
Comply as a minimum with the requirements and procedures listed below:
(1)
Location and access ways:
(a)
Minimum lot size of 87,120 square feet (two acres), with a minimum frontage of 200 feet, a minimum front setback of 50 feet, and a buffer zone of 50 feet if located adjacent to any residential or institutional use. These requirements shall apply whether this use is freestanding or connected to another structure.
(b)
The proposed use shall be so located with relation to major thoroughfares and uses in the neighborhood as not to create traffic hazards and as not to adversely affect such other uses in the neighborhood.
(c)
The proposed use shall not draw excessive traffic to and through local streets in nearby residential areas.
(d)
The location of any driveways that provide access to and exit from the proposed use shall not be less than 100 feet from the adjacent lot line of a Residence District, residential or institutional use or park or playground.
(e)
Within the property's boundaries, vehicular and pedestrian circulation facilities shall be provided for safe and convenient use in accordance with site planning standards.
(f)
Conform with performance standards set forth in this bylaw.
§ 165-33 Filling stations and convenience store requirements.
Any filling stations or convenience stores shall:
A.
Require a special permit from the Board of Appeals under the provisions of Chapter 40A of the General Laws, as amended.
B.
Be designed to conform to the following requirements, which shall apply whether the use is freestanding or connected to another structure:
(1)
The minimum lot area shall be 43,560 square feet (one acre).
(2)
The minimum frontage on a street shall be 150 feet.
(3)
The width of driveways and sidewalk openings measured at the street lot line shall be 25 feet.
(4)
The minimum distance of driveways measured at the lot line shall be 20 feet.
(a)
From the corner line shall be 35 feet.
(b)
From the interior side lot line shall be 20 feet.
(c)
From other driveways on the same lot shall be 20 feet.
(5)
The minimum setback of any building from all street lot lines shall be 40 feet.
C.
No part of any structure shall be located nearer than 20 feet to any street boundary.
D.
A raised curb at least six inches in height shall be constructed and maintained along the edges of all pavement on the lot except at the bases of buildings and at driveway openings.
E.
If a convenience store or filling station is located adjacent to a residential or institutional use, a buffer zone of 40 feet shall be provided.
F.
Conform with the performance standards as set forth in this bylaw.
G.
No motor vehicle repairs shall be performed.
H.
The area of the lot not planted and so maintained shall be graded, surfaced with asphalt or other suitable material, and drained to the satisfaction of the Building Inspector, to the extent necessary to prevent nuisances of dust, erosion, or excessive water flow across the public ways.
§ 165-34 Retail, service and industrial complexes.
A.
Purpose. It is the purpose of these requirements to provide regulations and conditions for the planning and design of shopping centers, plazas and malls, industrial complexes, industrial parks and industrial buildings in order to:
(1)
Ensure harmony with the purpose of the bylaw.
(2)
Control the impacts of major commercial and industrial developments on the surrounding area and the Town as a whole.
(3)
Encourage the design of commercial and industrial facilities to be compatible with the special conditions of the site and the character of the area.
(4)
Preserve and enhance the environmental quality of the Town.
(5)
Make the most economical use of energy resources, municipal services, streets, and utilities.
B.
This section regulates retail, service and industrial complexes as defined in § 165-3 of this bylaw.
C.
Requirements.
(1)
Any proposed building or complex as defined shall conform to the requirements of this section as set forth and shall require a special permit from the Planning Board under the provisions of G.L. c. 40A, § 9, as set forth and shall be subject to the following special requirements which are in addition to, or in modification of, other applicable provisions and requirements of the bylaw. This provision shall also apply to the expansion of any such existing facility which is or creates a shopping center, plaza or mall, industrial complex, industrial park or industrial building, or office or hotel or motel or service establishment, as defined by this bylaw.
(2)
Site requirements.
(a)
Stores, public spaces, parking, loading areas, and other uses shall be located on the site and be designed to provide a safe, convenient and attractive environment which is compatible with the surrounding areas and to ensure harmony with the purpose of this bylaw.
(b)
A circulation system shall be designed for automobiles, public transportation vehicles, pedestrians, wheelchairs, and emergency service and delivery vehicles, so that circulation routes are clearly defined and provisions for safety are made, especially at points where circulation routes intersect.
(c)
The site shall be designed so as to adequately accommodate storm drainage and snow removal. The design with respect to storm drainage shall utilize the best management practices as defined by the current Massachusetts Department of Environmental Protection Stormwater Manual. Said design shall utilize low-impact development techniques and ecological stormwater control methods to the maximum extent practicable.
[Amended 6-8-2021 ATM by Art. 27]
(d)
The proposed use shall be so located with relation to major thoroughfares and uses in the neighborhood as not to affect other uses in the neighborhood, and as not to create traffic hazards or congestion.
(e)
The proposed use shall be designed to minimize excessive traffic to and through local streets in nearby residential areas.
(f)
The proposed site shall be designed to minimize impervious surfaces to the maximum extent practicable and shall include appropriate native vegetation throughout all hard-surface parking and other areas to provide for stormwater infiltration, safe pedestrian movement, and a reduction in heat island effect.
[Added 6-8-2021 ATM by Art. 27]
(3)
Impact statement. The application for such shopping center, plaza, mall, industrial complex, industrial park or industrial building, or office or hotel or motel, mixed use, or service establishment must be accompanied by an impact statement prepared by a duly authorized engineer, planner, architect, landscape architect and/or land surveyor or a combination thereof as appropriate which details the probable effect of the proposed development both during construction and after completion. The proposed development shall not create any undue adverse impacts as identified by the impact statement and the analysis reports of the various Town boards and departments. Some or all of the impact statement requirements may be waived at the discretion of the Planning Board. All appropriate reports shall be submitted to the Planning Board prior to 14 days before the public hearing. This impact statement shall be comprehensive enough to enable the Planning Board and other reviewing agencies to make valid judgments based upon it and must include the following:
[Amended 6-8-2021 ATM by Art. 27]
(a)
An analysis of resulting demands on public utilities and services and on future demand for them, including, but not limited to, sewer, water, and drainage systems, police, fire and public works.
(b)
An analysis of increased traffic volumes and the effect of this increase on nearby uses and area.
(c)
An analysis of architectural, site planning, and other design features assuring environmental quality of the facility and compatibility with the surrounding areas.
(d)
A report of anticipated effects of demolition or alteration of existing buildings, if any.
(e)
A report of architectural, site planning, and other design features assuring public safety in both day-to-day and emergency situations.
(f)
An engineering report detailing the effect on nearby water systems such as, but not limited to, aquifers, groundwater supplies, wetlands, rivers, lakes and floodplains, including erosion and siltation during the construction and other impacts on natural resources and environments, and proposed controls to minimize adverse impacts.
(g)
An impact study on local wildlife and its habitat.
(4)
Action by the Planning Board. In reviewing an application for determination that a proposal under this section meets the site requirements and will not create undue adverse impacts, the Planning Board shall consider:
(a)
The development plans.
(b)
The impact statement.
(c)
The reports of the Public Works Department, Building Inspector, Health Department, Water District, Highway Department, Fire Department, Police Department, and Conservation Commission analyzing the development plans and verifying the impact statement.
(d)
Overall design of the development and the location, spacing, bulk, and height of proposed buildings and structures, and their effect on adjacent uses and the surrounding area.
(e)
Vehicular and pedestrian traffic within the site and in the surrounding area.
(f)
Architectural and open space design features enhancing the comforts, convenience, and amenities for shoppers, employees, others using the facility; enhancing the general appearance of the development; or contributing to public health, safety, or welfare.
(g)
Provisions for off-street parking and loading facilities as per § 165-27 and § 165-28.
(h)
Character, size, mix, and compatibility of the proposed uses and their effect on the existing uses and environment in the area, including impacts on nearby natural resources and ecosystem function.
[Amended 6-8-2021 ATM by Art. 27]
(i)
Consistency with the Zoning Bylaw of Lanesborough, Massachusetts, federal, state or local land use regulations and plans.
D.
Applicability. Any other provision of these bylaws to the contrary notwithstanding, the provisions of this § 165-34 shall not apply in any way to any project for which a building permit has been issued prior to the effective date of this § 165-34 and/or for which clearing, grading, earthwork, general site work and/or construction-related activities have been commenced prior to the effective date of this § 165-34.
§ 165-35 Wireless communications facilities.
A.
Purpose. The Town of Lanesborough seeks to allow telecommunications and wireless services with minimal effect to the public health, safety and general welfare, and to minimize the visual impact of such facilities.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ABOVE GROUND LEVEL (AGL)
A measurement of height from the natural grade of a site to the highest point of a structure.
CO-LOCATE
A term meaning that more than one wireless communications facility can be installed and operated on a single tower.
ELEVATION
The measurement of height above sea level.
EMF
Electromagnetic field.
LATTICE
Open structure tower.
MONITORING PROTOCOL
The testing protocol, initially the Cobbs Protocol, which is to be used to monitor the emissions from existing and new communications wireless facilities.
MONOPOLE
A style of tower characterized by a single round pole having the general configuration of a flagpole. The monopole does not appear to be significantly larger at its base than at the point of maximum height.
NONOPERATIONAL
The unexcused failure to daily operate the facility, except for repair, refurbishment or upgrading, for a consecutive period of one year or more.
SPGA
Special permitting granting authority.
TELECOMMUNICATIONS TOWER
A structure with antennas, if any, designed to facilitate the following types of services: cellular telephone service, personal communications services, and/or enhanced specialized mobile radio services.
WIRELESS COMMUNICATION FACILITY
Any tower (including antennas, if any), or antenna placed on existing buildings or structures, or any device, wiring or equipment designed to facilitate or be utilized in connection with the provision of the following types of specialized mobile radio service as well as any structures, buildings and/or appurtenances utilized primarily for the installation and operation of equipment necessary for the provision of such services. This definition does not include an antenna used by a federally licensed amateur radio operator. This definition does not include TV antennas or satellite dishes.
C.
Special permit requirements. A wireless communications facility shall require a building permit in all cases and may be permitted as follows:
(1)
All wireless communications facilities shall require a special permit from the Planning Board (SPGA).
(2)
For new tower construction, or major modifications of an existing tower, a tower construction special permit is required.
(a)
The applicant shall provide a written, irrevocable commitment valid for the duration of the existence of the tower, to rent or lease available space for collocation on the tower at fair market prices and terms, without discrimination to other wireless communications providers.
(b)
If the applicant is not simultaneously applying for a communications wireless facilities special permit, it shall provide a copy of its existing lease/contract with a wireless communications provider. A facility construction special permit shall not be granted for a tower to be built on speculation.
(3)
If the applicant is not the owner of the property, the property owner shall sign the application. The applicant shall also submit a signed contract between the applicant and the property owner. If the property owner is a public entity, the applicant shall submit authorization from the entity. If the owner is the Town of Lanesborough, a lease agreement between the Town and the applicant shall establish authorization from the Town.
(4)
No wireless communications facilities shall be erected or installed except in compliance with the provisions of this section. Any proposed modifications to an existing wireless communications facility, including, but not limited to, extension in the height, addition of antennas or panels, or construction of a new or replacement facility, shall be subject to these provisions and shall require a new application. The SPGA may, at its discretion, waive any application requirements for modifications to existing facilities.
(5)
Wireless communications facilities shall, if feasible, be located on preexisting load-bearing structures, buildings or towers, provided such installation shall preserve the character of the structure, building or tower. The applicant shall demonstrate that there are no preexisting structures, buildings or towers available prior to approaching the SPGA with an application proposing the construction of a new structure or mount for an antenna.
(6)
Providers of wireless communications services shall report to the Building Inspector and the SPGA any cessation in the use or operation of any wireless communications facility that exceeds 30 days. All facilities, attachments, and accessory structures which have not been used for a period of one year shall be dismantled and removed at the applicant's or property owner's expense.
D.
Siting and construction guidelines. The following guidelines shall be used when preparing plans for the siting and construction of all wireless communications facilities:
(1)
To the maximum extent possible, all services providers will co-locate on a single structure. Structures shall be designed to accommodate the maximum number of users technologically practical. The intent of this condition is to reduce the number of towers located within the Town of Lanesborough.
(2)
The base of the tower, including any attachments, shall be set back a minimum of 150% of its vertical height from any property boundary or existing residential or public structure erected nearer to any existing residential or public structure.
(3)
All towers shall be pre-engineered to fail at a pre-determined height, enabling the structure to collapse upon itself in the event of a catastrophic failure.
(4)
No wireless communications facility shall exceed 150 feet in height as measured from the mean finished grade at the base of the tower. Exterior lighting of the towers and any accessory structures shall be prohibited.
(5)
Siting shall be such that the view of the facility and tower shall be as limited as possible when viewed off site. Facilities shall be screened to provide an effective year-round visual buffer. The buffer shall be of sufficient height and depth to sufficiently screen the facility. The SPGA shall determine the types of plants and materials and the size of the buffer based on conditions of the site. Existing vegetation shall be used for screening wherever possible.
(6)
Existing on-site vegetation shall be preserved to the maximum extent practicable. Clearing of land shall be performed in a manner which will maximize preservation of natural beauty and conservation of natural resources.
(7)
All wireless communications facilities shall be painted, colored, and/or constructed of materials that minimize glare.
(8)
Fencing shall be provided to control access to wireless communications facilities and shall reflect the visual character of the neighborhood or natural surroundings.
(9)
Signage is limited to providing the following information, and must adhere to the Town's current signage bylaw: the facility, the owner and operator and an emergency telephone number where the owner can be reached on a twenty-four-hour basis must be clearly displayed; a "no trespassing" sign; a sign displaying the Federal Communications Commission registration number; and any signs required to warn of danger.
(10)
Site parking shall be provided so as to not block the access road at any time.
(11)
There shall be no on-site storage of any kind.
(12)
All network interconnections from the communications site shall be buried.
(13)
Monitoring and evaluation of compliance.
(a)
Pre-testing. After the granting of a special permit and before the applicant's wireless communications facilities begin transmission, the applicant shall pay for an independent consultant, hired by the Town of Lanesborough, to monitor the background levels of EMF radiation around the proposed facility site and/or repeater locations to be utilized for the applicant's wireless communications facilities. The independent consultant shall use the monitoring protocol. A report of the monitoring results shall be prepared by the independent consultant and submitted to the Building Inspector, the Board of Health, the Select Board, the Town Clerk and the SPGA.
(b)
Post-testing. After transmission begins, the owner(s) of any wireless communications facility(ies) shall pay for an independent consultant hired by the Town to conduct testing and monitoring of EMF radiation emitted from said site, and to report results of said monitoring as follows:
[1]
There shall be routine annual monitoring of emissions by the independent consultant using actual field measurements of radiation, utilizing the monitoring protocol. This monitoring shall measure levels of EMF radiation from the wireless communications facility site's primary antennas as well as from repeaters (if any). A report of the monitoring results shall be prepared by the independent consultant and submitted to the Building Inspector, the Board of Health, the Select Board, the Town Clerk and the SPGA.
[2]
The activation of any additional permitted channels, or an increase of radiated power of 25% or more, shall require a new test of the EMF.
(c)
Excessive emissions. Should the monitoring of a wireless communications facility site reveal that the site exceeds the FCC 96-326 standard (or current standard), then the permit holder of all facilities utilizing that site shall be so notified. The permit holder shall submit to the Building Inspector a plan for the reduction of emissions to a level that complies with the FCC 96-326 standard (or current standard) within 10 business days of notification of noncompliance. That plan shall reduce emissions to the standard within 14 days of initial notification of noncompliance. Failure to accomplish the reduction of emissions within 14 days of initial notification of noncompliance shall be a violation of the special permit and subject to enforcement as specified in § 165-48 of the Town of Lanesborough Zoning Bylaw. If public health is at issue, the Building Inspector shall issue a cease-and-desist order to the owners. The owner(s) of the facilities and antennas on the facility site are the responsible parties and shall be held accountable until compliance is achieved.
(d)
Operational noise, as measured by the latest standards of the American Standards Institute, shall not exceed 60 decibels for more than 15 minutes in any one day when measured from an unobstructed distance from the nearest inhabited structure, except for temporary construction or maintenance work, and shall not likewise exceed 40 decibels from 1,000 feet.
(e)
Structural inspection. Permit holders shall pay for an independent consultant (a licensed professional structural engineer), hired by the Town, to conduct inspections of the tower's structural integrity and safety. Towers shall be inspected every five years. A report of the inspection results shall be prepared by the independent consultant and submitted to the Building Inspector. Any major modification of an existing facility that includes changes to tower dimensions or antenna numbers or type shall require a new structural inspection.
(f)
Unsafe structure. Should the inspection of any tower reveal any structural defect(s) which, in the opinion of the independent consultant render(s) that tower unsafe, the following actions must be taken within 10 business days of notification of unsafe structure: the permit holders of the tower shall submit a plan to remediate the structural defect(s). This plan shall be initiated within 10 days of the submission of the remediation plan and completed as soon as reasonably possible. Failure to accomplish this remediation plan of structural defect(s) within 10 business days of initial notification shall be a violation of the special permit and subject to enforcement as specified in § 165-48 of the Town of Lanesborough Zoning Bylaw. The owner(s) of the facilities and antennas on the facility site are the responsible parties and shall be held accountable until compliance is achieved.
E.
Application requirements. For an application to be considered complete, the following information must be submitted:
(1)
A color photograph or rendition of the proposed wireless communications facility, including, but not limited to, the proposed tower with its antenna and/or panels. A rendition shall also be prepared illustrating views of the proposed wireless communications facility from the surrounding areas.
(2)
A landscape plan showing the proposed site before and after development, including topography and screening proposed to protect abutters.
(3)
A description of the wireless communications facility, including, but not limited to: the height of any towers and antennas, access roads and power supplies, the type, size and number of transmitters and a technical report which demonstrates that the maximum height of the installation is the minimum feasible to provide the intended service.
(4)
The technical and other reasons for the proposed location, height and design, including, but not limited to, a survey of all sites which are feasible for providing the intended services both within and directly adjacent to the Town of Lanesborough and the reason(s) the proposed site was selected over at least one alternative site.
(5)
A survey of all preexisting structures, buildings or towers which are capable of supporting the equipment necessary to provide the intended service, and a technical report which demonstrates why any such structure, building or tower cannot be used by the applicant.
(6)
A description of the capacity of the tower, including the number and type of panels, antennas and/or transmitter receivers that it can accommodate, and the basis for these calculations.
(7)
A statement that the sound levels under normal operating conditions, whether emanating directly from, or as a result of the natural wind blowing throughout the wireless communications facility, measured at the boundary of the lot on which it is sited, shall not be greater than 60 decibels at the property line. Any supplemental or back-up generators shall have residential-type mufflers.
(8)
A statement of the intended coverage area to be supported by the proposed wireless communications facility and delineation on the zoning district map of all areas in the Town of Lanesborough which will not be served by the proposed installation for the primary site and alternate site.
(9)
A description of the special design features utilized to minimize the visual impact of the proposed wireless communications facilities, such as but not limited to glare, lighting, and other unique aspects at the site, deemed appropriate by the SPGA.
(10)
If the applicant is not simultaneously applying for a personal wireless service facilities special permit, it shall provide a copy of its existing lease/contract with a wireless communications facility provider. A tower construction permit shall not be granted for a tower to be built on speculation.
(11)
Within 30 days after filing the application for any new tower or extension in height thereto, the applicant shall arrange to fly a balloon at the primary and an alternate site at the maximum height of the proposed installation on a weekend day between the hours of 10:00 a.m. and 4:00 p.m. The balloon shall be of a size and color that can be seen from every direction for a distance of one mile. The applicant shall be responsible for posting the date and location of the balloon(s) as a legal advertisement at least 14 days, but not more than 21 days, before the flights in at least two different issues of a newspaper with a general circulation in the Town of Lanesborough.
(12)
A bond for removal of the tower equal to the cost of removing the tower facilities, within 180 days of being deemed nonoperational.
(13)
An applicant must execute a covenant with the SPGA agreeing to remove, within 180 days of notice from the Town of Lanesborough, the wireless communications facility not operational for a period of 12 months, unless the reason for the nonoperation status is the result of major natural occurrence.
(14)
The SPGA may impose as a condition of any facility special permit that the project proponent be required to mitigate any radio or television interference demonstrated to have resulted from the operation of the facility.
§ 165-36 Exterior dining and entertainment areas.
Permanent exterior dining areas which are accessory to restaurants, cafes, coffee shops, ice cream shops and similar food service establishments shall be allowed only in accordance with the following regulations:
A.
Location. All exterior dining areas shall not be within 200 feet of a residential use unless a visual barrier is established. Such visual barrier shall be a minimum of six feet in height and may be solid fencing and/or vegetative screening.
B.
Limitation of use.
(1)
All such areas shall be limited to the consumption of food and beverages. Additionally, live entertainment and/or recorded music shall be reasonably permitted with a required entertainment license from the Select Board.
(2)
Hours of operation for exterior dining areas will be limited to 9:00 a.m. to 11:00 p.m. Sunday through Thursday and 9:00 a.m. to 1:00 a.m. on Friday and Saturday.
C.
Public safety/sanitation.
(1)
All exterior dining areas must provide barriers in the form of fencing, bollards, railings, or hard/soft landscaping features to minimize pedestrian conflicts with motor vehicles or other pedestrian areas.
(2)
All exterior dining areas must provide for the management of waste.
§ 165-37 Special events.
Events that are temporary in nature such as carnivals, circuses, fairs and similar activities taking place within the Town and are located at the exterior of the premises, and which occupy more than 2,500 square feet and/or include construction of temporary structures (tents, sheds, etc.) are allowed by a special event license granted by the Select Board. A property owner will be responsible to gather sufficient input from fire, police, health departments and the Building Inspector. This information, as well as a summary of the event, including the location, time and date, duration, proof of insurance and general activities, shall be presented to the Select Board for its review and consideration. Applications not acted on in 45 days will be considered approved. No special event license will be required for events taking place within the interior of the premises.
§ 165-38 Outdoor adventure recreation facilities.
Any outdoor adventure recreation facility shall:
A.
Require a special permit from the Planning Board under the provisions of Chapter 40A of the General Laws as amended; and
B.
Comply at a minimum with the following requirements:
(1)
Minimum lot size of 10 acres with minimum frontage of 400 feet, a minimum front yard setback of 50 feet, and a buffer zone of 50 feet if located adjacent to any residential or institutional use.
(2)
A minimum of 75% of course elements shall be suspended by trees or other natural features and not be telephone poles or other man-made appurtenances.
§ 165-39 Solar photovoltaic installations and energy storage.
[Amended 6-13-2023 ATM by Art. 28]
A.
Purpose. The purpose of this section is to provide a permitting process for solar photovoltaic installations and energy storage systems so that they may be installed and utilized in a cost-effective, efficient, and timely manner to increase the use of distributed generation; to integrate these installations into the community in a manner that minimizes their impacts on the character of neighborhoods, on property values, and on the scenic, historic, and environmental resources of the Town; and to protect health and safety, while allowing solar photovoltaic technologies to be utilized.
B.
Applicability. This section applies to solar photovoltaic installations and energy storage systems proposed to be constructed after the effective date of this bylaw. This section also applies to material modifications that alter the type, number, configuration or size of the solar photovoltaic installation.
C.
Definitions.
ACCESSORY SOLAR PHOTOVOLTAIC INSTALLATION
Any size building- or roof-mounted solar photovoltaic installation, parking lot canopy solar photovoltaic installation, or a ground-mounted solar photovoltaic installation that occupies less than one acre of a lot and the electricity generated is used primarily for on-site consumption.
ENERGY STORAGE SYSTEM
One or more devices, capable of storing energy in order to supply electrical energy at a future time, not to include standard consumer products, an electric motor vehicle, or a whole home battery backup system.
IMPERVIOUS AREA OF A SOLAR PANEL
The area of impervious surface of a solar panel shall include the area of impervious footings and other structures providing the panel with physical attachment to the ground.
MATERIAL MODIFICATIONS
Any change to a solar photovoltaic installation that changes the system output in wattage or the footprint of the system.
SOLAR PHOTOVOLTAIC INSTALLATION
A device, structure, or structural design feature, a substantial purpose of which is to provide for the collection, storage and distribution of solar energy for space heating or cooling, generation of electricity, or water heating. This includes appurtenant equipment for the collection, storage and distribution of electricity to buildings or to the electric grid.
UTILITY-SCALE SOLAR PHOTOVOLTAIC INSTALLATION
A ground-mounted solar photovoltaic installation that is the primary use of a lot and where the electricity generated by the system is sold to the regional electric grid for primary use off-site.
D.
Utility-scale solar photovoltaic installations.
(1)
Use regulations. Utility-scale solar photovoltaic installations may only be constructed or materially modified after the issuance of a special permit from the Planning Board in accordance with this section and § 165-43, Special permits, in all zoning districts.
(2)
Siting preference. Utility-scale solar photovoltaic installations shall not be sited in any area identified in the Massachusetts Scenic Landscape Inventory, as it may be amended, as noteworthy or distinctive. The installation shall be located as to avoid impacts to mature forest or prime agricultural lands to the maximum extent practicable. If disturbance to mature forest is unavoidable, one tree per acre of disturbance shall be planted elsewhere on-site or in Lanesborough at the direction of the Tree Warden.
(3)
Compliance. The construction, maintenance, operation, modification and removal of the large-scale solar photovoltaic installation shall comply with all applicable local, state, and federal requirements.
(4)
Site control. The applicant shall demonstrate legal control over the proposed site sufficient to allow for the construction and operation of the large-scale solar photovoltaic installation.
(5)
Utility provider conditional approval. The applicant shall demonstrate that it has received conditional approval to connect the large-scale solar photovoltaic installation to the electric grid from the utility provider. Off-grid installations are exempt from this requirement.
(6)
Operation and maintenance. The owner/operator of the utility-scale solar photovoltaic installation shall maintain the large-scale solar photovoltaic installation and the site in good condition. This includes, but is not limited to, the maintenance of access roads, stormwater control measures, security measures and vegetation screening.
(7)
Liability insurance. Proof of liability insurance in an amount and form acceptable to the Planning Board shall be maintained until the large-scale solar photovoltaic installation has been removed. All subsequent owners/operators shall continue to provide proof of liability insurance in the form and amount approved by the Planning Board to the Building Inspector on an annual basis.
(8)
Financial surety.
(a)
Applicants seeking to construct a utility-scale solar photovoltaic installation shall provide a form of surety to cover the cost of removal and restoration of the site in the event the site is abandoned. The amount and form of surety shall be determined by the Planning Board, but in no event shall the amount exceed 125% of the estimated cost of removal. Applicants shall submit a fully inclusive cost estimate, which accounts for inflation, of the costs associated with the removal of the large-scale solar photovoltaic installation prepared by a qualified engineer.
(b)
No less than 90 days' prior to the expiration of any financial surety required by this bylaw, the current operator of the large scale solar photovoltaic installation shall provide the Building Inspector with renewed, extended or replacement financial surety in an amount and form determined by the Planning Board in accordance with this bylaw.
(9)
Design requirements.
(a)
Height - Utility-scale solar photovoltaic installations shall not exceed 15 feet in height.
(b)
Setbacks - Utility-scale solar photovoltaic installations shall comply with the setback requirements set forth in § 165-12, Dimensional requirements.
(c)
Lighting - No lighting of the solar photovoltaic installation is permitted, except for manually operated emergency lights for use only when operating personnel are on-site.
(d)
Screening - All utility-scale solar photovoltaic installations shall be screened with dense native vegetation from all adjoining properties and public and private ways.
(e)
Vegetation clearing - The clearing of vegetation shall be limited to that which is necessary for the construction, operation, maintenance, modification and removal of the utility-scale solar photovoltaic installation.
(f)
Habitat fragmentation - All utility-scale solar photovoltaic installations shall, to the fullest extent practicable, be clustered and located in or adjacent to areas of the site where the land has already been cleared to avoid habitat fragmentation.
(g)
Security measures - Utility-scale solar photovoltaic installations shall be secured with a six-foot-high fence constructed to prevent unauthorized persons from accessing the solar photovoltaic installation. The Board may waive this requirement if presented with reasonable alternative security measures, and finds that the waiver would serve interests promoting agriculture or preventing habitat fragmentation.
(h)
Signs - The owner/operator shall install signs at the utility-scale solar photovoltaic installation as determined by the Planning Board in order to protect public safety.
(i)
Emergency access - Utility-scale solar photovoltaic installations and access roads shall be constructed and maintained to allow for safe access by emergency vehicles.
(j)
Emergency response plan - Upon the request of the Fire Chief or Police Chief, the owner/operator of a utility-scale solar photovoltaic installation shall cooperate with all local public safety officials to develop and occasionally update an emergency response plan.
(k)
Underground utilities - Wherever feasible all on-site utilities shall be located underground except where the utilities connect into the electric grid at the property boundary.
(l)
Maximum percent coverage - All impervious surfaces of a utility-scale solar photovoltaic installation, including solar photovoltaic panels shall be included in the maximum lot coverage (%) requirement in § 165-12, Dimensional requirements, unless the utility-scale solar photovoltaic installation or part thereof is installed over an impervious surface that is already included in the calculation.
(10)
Filing requirements - Applicants seeking to construct or modify a utility-scale solar photovoltaic installation shall submit the following information to the Planning Board. All maps to be submitted must be drawn at appropriate scales and be signed by a registered professional engineer or licensed surveyor. The Planning Board may, in its discretion, waive any of the filing requirements.
(a)
Contact information - Provide the applicant's and property owner's name, address, phone number, email address, and signature.
(b)
Site identification - Provide the address and the map, lot and block number of the proposed site.
(c)
Site plans - Provide site plans showing the following:
[1]
Property lines of the proposed site.
[2]
Elevation contour lines at two-foot or five-foot vertical intervals.
[3]
Outlines of all existing and proposed buildings and structures on the proposed site, including distances from the proposed utility-scale solar photovoltaic installation.
[4]
Existing and proposed access roads, driveways, public ways, private ways, and recreational trails on the proposed site.
[5]
Detailed layout of the proposed utility-scale solar photovoltaic installation, including but not limited to panel mounts, foundations, appurtenant equipment and fencing.
[6]
Detailed layout of the electric infrastructure to connect the utility-scale solar photovoltaic installation to the electric grid or net metering equipment.
[7]
Delineation of all wetland resources and associated buffer areas.
[8]
Locations of rare, threatened or endangered species existing on the site.
[9]
Proposed changes to the site, including grading, cut and fill, landscaping, native vegetation for screening and vegetation to be removed or altered.
[10]
Engineering controls at the site and on the access road to control erosion and sedimentation both during construction and after construction as a permanent measure. Such engineering controls shall conform to the Massachusetts Department of Environmental Protection's Stormwater Policy.
(d)
Technical information - Provide the following information:
[1]
Blueprints or drawings of the utility-scale solar photovoltaic installation signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the installation and any potential shading from nearby trees or structures.
[2]
One- or three-line electrical diagram detailing the solar photovoltaic installation, appurtenant equipment and electrical interconnection methods with all National Electric Code compliant devices.
[3]
Documentation of the utility-scale solar photovoltaic installation components to be used, including but not limited to solar photovoltaic panels, panel mounts and inverter.
(e)
Information sufficient to show that the proposed utility-scale solar photovoltaic will conform to Subsection D(4) through (8).
(11)
Technical review. Upon receipt of an application for a utility-scale solar photovoltaic installation, the Planning Board may engage professional and technical consultants, at the applicant's expense, pursuant to G.L. c. 44, § 53G, to assist the Planning Board with its review of application materials. The Planning Board may require the applicant to deposit funds with the Planning Board for such review at the time the application is accepted and to add additional funds as needed upon notice. Failure to comply with this section may be grounds for denying the special permit application. Upon the approval or denial of the application, any excess amounts in the account attributable to the application process, including any interest accrued shall be refunded to the applicant.
(12)
Abandonment and removal.
(a)
A utility-scale solar photovoltaic installation shall be deemed abandoned when the installation has not been in operation for a period of 12 months.
(b)
After 12 months of nonoperation, the Building Inspector shall provide written notification to the owner/operator that the installation is presumed to be abandoned. The owner/operator has 30 days to rebut the presumption of abandonment by submitting evidence to the Building Inspector that the installation has been in operation during the relevant twelve-month period.
(c)
If the owner/operator does not respond within the thirty-day appeal period or does not submit evidence that, in the discretion of the Building Inspector, proves that the installation has been in operation for the relevant twelve-month period, then the installation shall be deemed abandoned. The Building Inspector shall provide written notification of abandonment to the owner/operator.
(d)
The owner/operator of the utility-scale solar photovoltaic installation shall remove the installation and restore the site within 180 days of the date of the written notification of abandonment. Removal of the installation shall include the removal and proper disposal of all hazardous waste and substances from the site in accordance with all applicable federal, state and local regulations. If the owner/operator fails to remove the installation within 180 days, the Town shall have the right to enter onto the proposed site and physically remove the installation and restore the site at the sole expense of the owner/operator or, if the equipment is on Town land, to sell the equipment.
(13)
Lapse of approval. Any special permit shall automatically lapse if the utility-scale solar photovoltaic installation is not installed and functioning within two years or the installation is abandoned as defined in Subsection D(12).
§ 165-40 Marijuana land uses.
A.
Purpose. The purpose of this section is to provide a permitting process for recreational and medical marijuana retail, cultivation, processing, and testing facilities, in recognition of and in accordance with applicable state law and to protect health and safety, while allowing marijuana-related businesses to contribute to the overall economic development of the community.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
MARIJUANA FACILITY
An establishment licensed to cultivate and/or obtain, test, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana retail and to transfer marijuana and marijuana products to other marijuana retail, but not to consumers, in accordance with applicable state law and regulations.
MARIJUANA RETAIL
An establishment licensed to purchase marijuana and marijuana products from marijuana facilities and resell them for recreational or medicinal means in accordance with applicable state law and regulations. Marijuana retail is not to include sites for social consumption as accessory or primary use of a premises.
C.
Development standards.
(1)
Permanent location. No marijuana retail or marijuana facility may cultivate, process, test, store or manufacture marijuana or marijuana products at any location other than at a physical address and within an area that is enclosed and secured in a manner that prevents access by persons not permitted to access the area. Outdoor cultivation shall not be permitted.
(2)
Storage. Each marijuana retail or marijuana facility must store marijuana products in accordance with applicable state law and regulations.
§ 165-41 Detached accessory dwelling units.
A.
Purpose and intent:
(1)
Increase the number of small dwelling units available in Town;
(2)
Increase the range of choice of housing accommodations;
(3)
Encourage greater diversity of population, with particular attention to young adults and senior citizens, while being more affordable to a wider range of households;
(4)
Encourage a more economic and energy-efficient use of the Town's housing supply while maintaining the appearance and character of the Town's single-family neighborhoods; and
(5)
Give renewed purpose to previous underutilized accessory dwellings.
B.
Conditions and requirements; general.
(1)
A detached accessory dwelling unit shall be subordinate in size to the principal dwelling unit on a lot.
(2)
There shall be no more than one detached accessory dwelling unit per lot.
C.
Conditions and requirements; appearance. The detached accessory dwelling shall be designed to maintain the appearance and essential character of the single-family neighborhood.
(1)
A detached accessory dwelling unit shall be permitted, either in a new or existing building. Other customary residential accessory uses (e.g., barns, garages, sheds, etc.) are permitted within a building housing an accessory dwelling unit. Such use shall not count towards the following floor area restrictions.
(2)
A detached accessory dwelling unit shall be limited to 900 square feet gross floor area and may be increased to 1/3 of the gross floor area of the principal dwelling on the site if it is larger but in no instance exceed 1,200 square feet gross floor area.
(3)
No unenclosed stairs shall be located on any street-facing side of the building.
(4)
The detached accessory dwelling unit shall require one parking space.
D.
Conditions and requirements; review process.
(1)
A detached accessory dwelling unit on a nonconforming lot shall require a special permit by the Zoning Board of Appeals.
(2)
A detached accessory dwelling unit within an existing nonconforming structure requires a special permit by the Zoning Board of Appeals.