The erection of a building or any other construction for which a permit has been properly issued.

Municipal or governmental construction or operation.

The construction of a private road and grading in accordance with approved subdivision plans.

Any accessory use incidental to a permitted use, including cultivation of land, planting, landscaping or drainage of land.

Removal of loam. The Board of Appeals may grant a special permit in any district for the removal of loam from any area, provided that no less than four inches of loam remains and provided, further, that the entire area disturbed is seeded with suitable cover crop or is put to cultivation.

Removal of gravel, clay, sand or stone. The Board of Appeals may grant a special permit for the removal of gravel, clay, sand or stone in any district under the following conditions:

Before a special permit is granted under this section, the applicant shall post a bond with the Treasurer of the Town of Lee in an amount approved by the Planning Board as sufficient to guarantee conformity with the provisions of the permit issued hereunder.

In issuing such special permit, the Board of Appeals may stipulate the hours of operation or impose other restrictions as it deems necessary.

The Board of Selectmen may grant, after a public hearing, under the provisions of MGL c. 40A, § 5, a special permit for the construction of multiple dwellings in the districts as specified in § 199-9.2K, subject to all applicable provisions of this chapter and the following special requirements.

Any application for a permit under this article shall be accompanied by such plans and information as are required herein or as may be reasonably required by the Board of Selectmen, Planning Board or Board of Health in order that the proposal of the applicant may be clearly understood and compliance with the provisions, intent and purposes of this chapter can be established.

Any application for a special permit under this section must be accompanied by an impact statement which details the probable effects of the proposed development on the following aspects of concern to the Town:

The developer will conduct a housing survey within 1/2 mile of the locus of the property to determine the number of multiple-family and single-family living units within said area. The addresses and number of multiple-family units at each location will be left with the application for a building permit. This data may be reviewed and verified by the Town Clerk and Building Commissioner.

Any multiple-dwelling development authorized under this section shall be subject to site plan review by the Board of Health, Conservation Commission and the Planning Board. The Board of Selectmen shall not render any decision on the application for a special permit unless and until:

In considering the application for a special permit under this article, the Board of Selectmen will give serious consideration to the facts and information contained in the site plan and impact statement and to the reports and recommendations from the involved Town boards and agencies.

The Planning Board and Conservation Commission may recommend and the Board of Selectmen may impose such additional reasonable conditions on any such development as they find necessary in the interests of the Town and public health, safety and welfare, including fencing, screening and greater setback requirements for the protection of abutting residential uses.

Any site plan may be revised by following the same procedure as required for the original approval.

A site plan, once approved, shall become a part of the permit.

See the Table of Dimensional Requirements for Multiple Dwellings.[1]

No more than 12 dwelling units shall be provided for in any one building.

Multiple dwellings on the same lot shall be spaced at least 35 feet apart in the RM District.

No dwelling unit in a multiple dwelling shall contain more than two bedrooms.

The minimum side yard requirements for any proposed multiple dwelling located on a lot which abuts a lot in residential use shall be increased by an additional 10 feet.

(Reserved)[2]

The minimum area of developed playgrounds, recreational areas or other usable, suitably landscaped open space shall be at the rate of 500 square feet per bedroom.

Front yards and all open areas shall be suitably landscaped and maintained with grass, trees, shrubs or walks.

Every multiple dwelling must be connected to Town sanitary sewer and water systems.

Standards and requirements set forth under § 199-9.2K(7) in this section may be modified or waived by the Board of Selectmen in the case of rehabilitation for multiple-dwelling use of buildings which existed at the effective date of this chapter.

To encourage the utilization of oversized homes in residential zoning districts which, because of their size or functional obsolescence, are costly and/or difficult to maintain as private residences and to further provide an economic incentive to maintain and to rehabilitate older, larger, uneconomic or obsolete structures.

To maintain and preserve the residential character, integrity and neighborhood attributes of residentially zoned districts.

To regulate bed-and-breakfast uses to ensure sensitivity and compatibility with the surrounding neighborhoods in residentially zoned districts through minimizing adverse impacts on neighboring residential uses.

To strengthen the economic base of the Town of Lee by allowing bed-and-breakfast establishments and bed-and-breakfast inns and to reinforce residential neighborhood viability without reducing residential characteristics.

The Planning Board may grant a special permit in accordance with § 199-13.4 of this chapter and in compliance with all other applicable provisions of this chapter for conversion of an existing residential structure to a bed-and-breakfast use in residentially zoned districts only (R-20, R-30, RA, RM and CR Districts) upon the conditions set forth hereafter.

Each special permit issued in accordance with the provisions of this section shall show due consideration of the purposes set forth above and shall contain the following conditions:

Five hundred feet from the boundary of any other adult uses.

Five hundred feet from any other zoning district corridor or boundary.

Five hundred feet from the border of any residential property.

One thousand five hundred feet from the boundary of any school, child-care or day-care facility, or any church or place of worship.

Three hundred feet from the boundary of any establishment licensed under MGL c. 138, § 12.

Parking will be in accordance with Article VIII, the off-street parking section of this chapter.

All parking will be either on the side or rear of the structure.

Screening and buffering. A five-foot-wide landscaping buffer shall be provided along the side and rear of the property lines, consisting of evergreens not less than six feet in height and spaced as defined in § 199-9.4D below.

All building openings, entries, and windows shall be screened in such a manner as to prevent visual access from the outside of the structure into the interior of the building.

No adult use shall be allowed to display for advertising purposes any signs, placards, or other materials on the exterior of the building or in the interior of the building where they can be seen from the outside of the structure.

Each business is allowed to have one sign that is 16 square feet in size with the highest part of the sign to be no higher than six feet above the ground and not closer than 15 feet to the street right-of-way.

Signs will be made out of wood or approved product that simulates wood and will be lit externally in such a way that all light is contained on the property.

No wording or design of the sign shall be allowed that may be construed as having "lascivious intent" as defined in MGL c. 272, § 31.

The front yard dimensions shall be a minimum of 100 feet from the right-of-way line of the roadway.

With the exception of adult cabarets or adult motion-picture theaters, adult uses may not exceed 3,500 feet of usable floor area.

No adult uses shall be allowed to disseminate or offer for sale any adult material or paraphernalia to minors.

No adult uses shall be allowed within a building containing other retail, consumer or residential uses.

No adult uses shall be allowed in a shopping center, shopping plaza or mall.

Ownership and background information. The application must include the following information:

The site plan submitted as part of the application process must show all buildings, parking spaces, driveways, rights-of-way, and service areas, along with screening or landscaping plans; and must include the distances from the nearest of each of the uses as listed in § 199-9.4B of this chapter.

Special permit for adult uses will be issued only to those owners who are listed in the application.

The special permit will not run with the land. Any change in the ownership structure will require a new special permit process.

Any adult use special permit shall lapse within one year if the proposed structure is unoccupied or if construction has not been completed. This time period may be extended by vote of the Planning Board after a public hearing is held on this matter.

Places of assembly. Theaters, assembly halls or outdoor places of assembly must have 300 square feet for every three seats, plus 250 square feet for every person normally employed.

Classrooms and/or dormitories. The following shall be provided:

Wireless communication facilities used for Town or state emergency services.

Amateur radio towers used in compliance with the terms of any amateur radio service licensed by the Federal Communications Commission and used solely for that purpose.

Wireless communication structures and devices used expressly for home television and radio reception.

No wireless communication facility shall be erected, constructed, or installed without a special permit from the Planning Board.

Wherever feasible, wireless communication devices shall be located on existing towers or other nonresidential structures, minimizing proliferation of new towers.

Wireless communication structures shall be built so that the structural integrity of the facility is able to accommodate devices operated by another carrier with little or no modification.

Wireless communication buildings shall be no larger than 500 square feet and 12 feet high, shall be designed to match other accessory buildings on-site, and shall be used only for the housing of equipment related to this particular site.

Any change in use of the structure must be preapproved by the Planning Board.

Setbacks.

Height. The height shall be the minimum height necessary to accommodate anticipated and future use.

Wireless communication structures are encouraged on state lands, provided that said lands are not subject to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts. If facilities predating this section exist on such lands, the shared use of such facilities is encouraged.

The wireless communication structure shall, when possible, be sited off ridgelines and where their visible impact is the least detrimental to valuable historic and scenic areas. "Valuable" should be determined by any appropriate Town board(s) and can be views that the Town has identified as scenic or views listed in the Massachusetts Department of Environmental Management, 1982.

No new wireless communication structure shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing wireless communication structure can accommodate the applicant's proposed wireless communication device. Evidence submitted to demonstrate that an existing structure cannot accommodate the applicant's proposed device may consist of any of the following:

Wireless communication structures must be designed to accommodate the maximum number of users as technologically possible, and should be of monopole design.

There shall be no signs or advertisements, except for no trespassing signs and a required sign giving a phone number where the responsible party can be reached on a twenty-four-hour basis.

All wireless communication devices shall be colored, molded, and/or installed to blend into structure and/or landscape. Preference should be given to placing antennas on existing structures.

The facility shall be fenced to control access.

Night lighting of the facility shall be prohibited unless required by the FAA. If required by FAA, a copy of the FAA permit requiring lighting should be submitted with the application.

There shall be a maximum of one parking space at each facility to be used in connection with maintenance of the site and shall not be used for the storage of vehicles or other equipment.

Existing on-site vegetation shall be preserved to the maximum extent possible.

Vegetative screening shall be used to screen abutting residential properties and roadways. Plants that fit in with the surrounding natural vegetation shall be used.

To site a new wireless communication structure, the applicant shall submit:

To site a wireless communication device on existing wireless communication structures or nonresidential structures, such as buildings, grain silos, steeples, water towers or other nonresidential structures, including co-location with another carrier, provided that the new use does not add to the height of the structure, the applicant shall submit:

Twelve copies of the above information shall be submitted along with the application form to the Planning Board.

In granting a special permit for wireless communications facilities, in addition to the findings required by this chapter for special permits, the Town of Lee Planning Board shall find:

When considering an application for wireless communication facility, the Planning Board shall place great emphasis on the proximity of the facility to residential dwellings and its impact on these residences, and will encourage the use of existing structures.

Any extension or construction of new or replacement towers or transmitters shall be subject to the special permit, following the same procedure as siting a new wireless communication device.

An initial bond shall be posted by the applicant to cover construction costs and removal cost of facility in the event of nonuse and annual maintenance bond for the access road, site, and structure(s) in an amount approved by the Planning Board. An access road may include existing Town roads not designed for heavy traffic and which are not paved.

Regulatory compliance.

An applicant must either file a performance bond or a deposit of money or negotiable securities in an amount determined by the Board to be sufficient to cover the cost of removal with the Town of Lee Planning Board agreeing to remove, within 180 days of notice from the Town, the wireless communication facility not in operation for a period of 12 months, unless the reason for nonoperation is the result of major damage. The Board may hire professional consultants to determine the amount of bond or security required. Such bond or security, if filed and deposited, shall be approved as to form and manner of execution by Town Counsel and shall be contingent on the completion of repairs or removal.

If the facility is not removed within 180 days, the Town will remove said facility at the owner's expense.

In the event of major damage, repair must begin immediately or as soon as possible. "Major damage" shall mean damage to the facility caused by no fault of the owner or operator.

Compliance. The construction, operation, modification and removal of all wind energy facilities shall comply with all local, state and federal laws.

Site control. The applicant shall demonstrate actual control over and legal access to the proposed site sufficient to allow for the construction and operation of a wind energy facility.

Utility notification. The applicant shall demonstrate the utility company that controls the electric grid in the area of the proposed site has been informed of the applicant's intent to install an interconnected wind energy facility. Off-grid wind energy facilities shall be exempt from this requirement.

Operation and maintenance. The operator(s) of a wind energy facility shall maintain the facility in good condition. The applicant shall submit an operation and maintenance plan for the anticipated life expectancy of the wind energy facility, showing how the operator(s) will inspect and maintain the wind energy facility in good condition.

Inspection reports. The operator(s) of a wind energy facility shall submit inspection reports to the Building Commissioner every five years. The inspection report must be completed by a licensed professional structural engineer.

Unsafe structure. Should the inspection of any wind energy facility reveal structural defects or safety concerns that, in the opinion of the licensed professional structural engineer, render the wind energy facility unsafe, the following actions must be taken. At the discretion of the Building Commissioner, the operation of the wind energy facility shall be terminated until the structural defects and/or safety concerns have been addressed. Within 30 business days of notification of an unsafe structure, the operator(s) of the wind energy facility shall submit a plan to remediate the structural or safety defects to the Building Commissioner. Failure to remediate the structural or safety defects within six months from the date of initial notice shall be a violation of the special permit and subject to the penalties and fines as allowed by law. Such penalties and fines shall be payable by the operator(s) until compliance is achieved.

Contingency plan. The applicant shall submit a contingency plan that outlines the protocols to be followed to mitigate unacceptable adverse impacts to the Town, its residents and the environment. At a minimum, the plan shall include mitigation steps to address the possibility of excessive noise, excessive shadow flicker and excessive wildlife injuries or mortalities as determined by the state or federal agency with jurisdiction over the impacted species.

Liability insurance. The owner of the wind energy facility shall obtain and keep current insurance policy or policies against loss or damage to persons or property, including personal injury or death resulting from the construction, operation and decommissioning of the wind energy facility. The Planning Board shall determine the minimum amount of liability insurance required. The owner of the wind energy facility shall provide the Planning Board with proof of liability insurance, in the amount determined by the Planning Board, prior to the issuance of a building permit and on an annual basis thereafter.

Removal plan and cost estimate. The applicant shall submit, as part of the special permit application, a detailed plan for the removal of the wind energy facility and restoration of the site to its preexisting condition upon abandonment or decommissioning. The removal plan shall be certified by a licensed professional engineer and include a detailed estimate of the anticipated removal and site restoration costs that includes a mechanism to account for inflation.

Surety to ensure that the wind energy facility project site is properly stabilized to protect downslope properties and public ways. The amount and form of surety shall be determined by the Planning Board.

Surety to cover possible damage to public ways and public lands damaged during the transportation of the wind energy facility components. The amount and form of surety shall be determined by the Planning Board.

Surety to cover the cost of removal of the wind energy facility and the restoration of the site in the event the Town must remove the wind energy facility and restore the site. The amount and form of surety shall be determined by the Planning Board, but in no event shall the amount exceed 125% of the total estimated cost of removal.

No less than 90 days prior to the expiration of any financial surety required by this section, the current owner(s) of the wind energy facility shall provide the Planning Board with renewed, extended or replacement financial surety.

Meteorological towers. All meteorological towers shall be set back at least 1.5 times its height from all public ways and off-site buildings. No meteorological tower shall exceed 420 feet in height.

Height. No wind energy facility shall exceed 420 feet in height.

Appearance. All wind energy facilities shall be finished in a neutral (white or gray), nonreflective color to minimize visual impacts.

Signage. Signs listing the twenty-four-hour contact information of the wind energy facility operator shall be installed in an easily accessible and noticeable location at the wind energy facility site. All signs shall comply with Article VII of this chapter. Sign locations may be determined by the Planning Board.

Lighting. A wind energy facility shall contain a beacon light or lights as required by the Federal Aviation Administration (FAA). A wind energy facility may include lights necessary for the safe operation of the large wind energy system. All operational lighting shall be directed downwards and screened from roadways and abutting properties.

Shadow flicker. No wind energy facility shall cause more than 30 shadow flicker hours per year on any off-site inhabited building or undeveloped lot. In calculating the number of shadow flicker hours per year, the applicant may incorporate sunshine probabilities and meteorological date when calculating the shadow flicker hours per year. The Planning Board may allow more than 30 shadow flicker hours per year on an off-site inhabited building or an undeveloped lot only if written permission is granted by all individuals or entities with control over the affected real property.

Appurtenant structures and equipment. All appurtenant structures, and equipment shall comply with the dimensional requirements of the underlying zoning district, including but not limited to setbacks and height.

Noise regulations. All wind energy facilities and appurtenant equipment shall comply with the provisions of the Massachusetts Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10).

Setbacks.

Unauthorized access. The owners or operators of all wind energy facilities shall construct security barriers to prevent unauthorized persons from gaining access to the facility.

Emergency response access. The wind energy facility and access roads shall be constructed and maintained to allow for safe access at all times by local emergency vehicles. Local public safety officials shall be provided with the ability to access the system as needed to respond to emergencies.

Stormwater management. All stormwater controls installed at the wind energy facility site and on associated roadways shall be constructed and managed according to the Massachusetts Stormwater Policy.

Balloon/crane test. After the application is submitted, and not more than 14 days before the public hearing, the applicant shall arrange to fly a brightly colored, four-foot-diameter balloon at the site of the proposed wind energy facility at the maximum height of the wind energy facility. A balloon shall be flown for each proposed wind turbine, and each balloon shall contain a beacon light similar in color and output to the beacon light to be required by the FAA, if any. The balloons shall be flown for a period of time to be determined by the Planning Board. The date and location of the flight shall be advertised at least 14 days, but no more than 21 days, before the flights, and again in the public hearing advertisement in a newspaper with a general circulation in the Town. If visibility and weather conditions are inadequate for observers, the Planning Board may require additional tests.

Sight line simulations. The Planning Board shall select up to five locations from which the applicant shall conduct and submit sight line simulations from the chosen locations to the proposed wind energy facility site. All simulations shall be in color and provide an accurate representation of the height, width and breadth of the proposed wind energy facility.

Noise analysis. The applicant shall submit the results of a noise analysis to the Planning Board. The noise analysis shall be conducted in accordance with industry standards and certified by a qualified independent acoustical engineer. The noise analysis shall contain sufficient information for the Planning Board to determine whether the operation of the proposed wind energy facility will comply with Massachusetts Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10). In completing the noise analysis, the acoustical engineer shall consider the unique topography of the surrounding area, both daytime and nighttime ambient noise levels, seasonal conditions, nearby residences, prevailing wind direction and atmospheric conditions, such as high wind shear or thermal inversion that may affect the propagation of sound emitted from the wind energy facility. The noise analysis shall also analyze and discuss the anticipated impacts of low frequency noise emitted from the wind energy facility.

Shadow flicker analysis. The applicant shall conduct a shadow flicker analysis and submit its findings to the Planning Board. The analysis shall include a detailed discussion of the anticipated shadow flicker impacts for all off-site inhabited buildings and undeveloped lots estimated to receive 30 or more shadow flicker hours per year, worst-case scenario. At least 14 days prior to the public hearing, the applicant shall notify, by certified mail, all the owners of off-site inhabited buildings and undeveloped lots expected to receive 30 or more shadow flicker hours per year, worst-case scenario. The applicant shall submit proof of notification to the Planning Board.

Avian and bat species analysis. The applicant shall submit the results of an avian and bat species analysis to the Planning Board. The avian and bat species analysis shall be conducted and certified by a qualified independent wildlife biologist. The avian and bat species analysis shall contain sufficient information to fully characterize and determine the risk posed by the proposed wind energy facility to avian and bat species. Applicants shall comply with the most recent U.S. Fish and Wildlife Service Wind Turbine Guidelines Advisory Committee Recommended Guidelines: Recommendations on Developing Effective Measures to Mitigate Impacts to Wildlife and Their Habitats Related to Land-Based Wind Energy Facilities, when planning and conducting studies to meet the requirements of this section. For one year following the onset of the wind facility operation, the operator shall conduct monitoring of bat and avian species injuries and mortality. The monitoring will be conducted by a professional approved by the Planning Board and reported to the Board at the end of the first year of operation.

Application procedures. Upon receipt of a complete application for a wind energy facility, the Planning Board shall review and take action upon the application in accordance with the special permit procedures set for in § 199-13.4 and this section.

Consultant review. Upon submission of an application for a wind energy facility special permit, the Planning Board will be authorized to hire independent consultants at the applicant's expense, pursuant to MGL c. 44, § 53G, to assist the Planning Board with its review of the application.

Reasonable conditions and mitigation. The Planning Board may impose reasonable conditions, safeguards and limitations on time of use of the facility and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the wind energy facility should they occur.

Application requirements. The applicant shall submit the following required information as part of the application for a wind energy facility special permit. All site plans shall be signed and sealed by a registered land surveyor in consultation with a licensed professional engineer.

Site plan. The applicant shall submit a site plan with a scale of one inch equals 40 feet, unless otherwise noted, with contour intervals no greater than two feet, showing the following:

Elevations. Siting elevations or views at grade from north, south, west and east for a distance equal to 1.5 times the height of the wind energy facility. Elevations shall be at 1/4 inch equals one foot or similar scale and showing the following:

Technical information.

Stormwater control plans. Engineering plans showing the drainage of surface water and detailed plans to control erosion and sedimentation, during construction and as a permanent measure, which show conformance to the Massachusetts Stormwater Policy.

Transportation plans. A written transportation plan discussing the anticipated transportation issues created by the transportation of the wind energy facility components, which shall include the following:

Waiver. The Planning Board may waive application requirements as the Board, in its discretion, deems appropriate.

In furtherance of this section, an independent licensed professional engineer, paid for by the applicant and selected by the Town, shall document the condition of all public and/or private ways and public and/or private lands along the anticipated transportation route prior to the transportation of any wind energy facility.

Within 30 days after all wind energy facilities components have been transported, the independent licensed professional engineer, paid for by the applicant and selected by the Town, shall redocument the condition of all public and/or private ways and public and/or private lands along the actual transportation route to determine whether the public and/or private ways and public and/or private lands have been damaged by the applicant and, if so, the total cost to repair such damage. The applicant is responsible for the total cost of all repairs even if this exceeds the amount of the surety held by the Town.

The most recent wind energy facility owner(s) shall remove the wind energy facility, at the end of its useful life or when it is abandoned, and restore the site in accordance with facility's previously submitted removal plan. The most recent operator shall notify the Building Commissioner by certified mail of the proposed date of discontinuance. Without notice of a proposed date of discontinuance, the wind energy facility shall be presumed to be abandoned if it is not operated for a period of six months.

After six months of nonoperation, the Building Commissioner shall issue a written notice of abandonment to the most recent owner(s). The most recent operator or current owner(s) shall have 30 days to rebut the presumption of abandonment by submitting information to the Building Commissioner that demonstrates that wind energy facility has operated within the six-month period or the wind energy facility will return to operation at a date specified, not to exceed one year. If the most recent operator or owner(s) does not submit any information to the Building Commissioner or the wind energy facility has not been returned to operation within one year of the date of the written notice of abandonment, it shall be deemed abandoned.

The most recent owner(s) shall physically remove the wind energy facility and restore the site within 180 days from the date of discontinuance or abandonment. If the most recent owner(s) fails to remove the wind energy facility within the 180-day period, the Town shall have the right to enter onto the site and physically remove the wind energy facility and restore the site at the sole expense of the most recent owner(s).

The wind energy facility is not installed and operating within three years from the date of approval; or

The wind energy facility becomes abandoned or discontinued.

Any ME, except for marijuana retailers, may be sited in the Industrial (I) District upon the approval of a site plan and special permit, in accordance with §§ 199-13.3 and 199-13.4 of this chapter.

Marijuana retailers, as defined in this section, may be sited in the Central Business Corridor (CBC) and the Rural Business (RB) Districts upon the approval of a site plan and special permit, in accordance with §§ 199-13.3 and 199-13.4 of this chapter.

Marijuana independent testing laboratories and research facilities, as defined in this section, may be sited in the Downtown Commercial Business Corridor (DCBC), Central Business Corridor (CBC), Rural Business (RB) and the Office Park Light Industrial (OPLI) Districts upon the approval of a site plan and special permit, in accordance with §§ 199-13.3 and 199-13.4 of this chapter.

Marijuana cultivation facilities, marijuana product manufacturers and marijuana transporters, as defined in this section, may be sited in the Rural Business (RB) and Office Park Light Industrial (OPLI) Districts upon the approval of a site plan and special permit, in accordance with §§ 199-13.3 and 199-13.4 of this chapter. Outdoor cultivation is prohibited in all districts.

No marijuana retailer may be located closer than 500 feet from any school, place of worship, any type of child-care facility as referenced in 606 CMR 7.02, or other similar facility where minors commonly congregate and are the primary population served by the facility. The setback distance shall be measured in a straight line from the nearest point of the property line of the proposed marijuana retailer and the nearest point of the property line of said facilities. There shall be no setback for all other MEs.

As part of the special permit process, the special permit granting authority may reduce the required setback distance as referenced in Subsection C(5) if it finds site-specific circumstances or barriers adequately separate the proposed marijuana retailer and the protected uses. The burden shall be on the applicant to demonstrate that reducing the minimum setback will serve the purpose of this section and address the concerns of the special permit granting authority.

No ME, except for marijuana transporters, shall be permitted to operate from a movable, mobile or transitory location.

The total number of marijuana retailers shall not exceed 20% of the number of licenses issued within the Town for the retail sale of alcoholic beverages not to be drunk on the premises. Fractions of retailers shall be rounded up to the nearest whole number.

The total number of marijuana cultivators shall not exceed one.

The total number of nonretail and non-cultivator MEs shall not exceed 11.

In the event that the number of licenses issued within the Town for the retail sale of alcoholic beverages not to be drunk on the premises decreases, any ME, if then exceeding the limits as noted in Subsection D(1), may remain in operation.

Outside storage. No outside storage of marijuana, marijuana products, related supplies, or educational materials is permitted.

Hours of operation. A marijuana retailer may open no earlier than 8:00 a.m. and shall close no later than 8:00 p.m. the same day, Monday through Saturday, and from 10:00 a.m. until 8:00 p.m. on Sunday unless other hours of operation are set by the special permit granting authority as part of site plan approval. Hours of operation shall apply to all sales, delivery, and dispensing activities for the business. There shall be no hourly restrictions on nonretail marijuana facilities, unless imposed by the special permit granting authority as part of site plan approval.

Signage. All signage and advertising for MEs shall comply with all applicable state laws, as well as the provisions of Article VII of this chapter and all other applicable provisions of this Code. Advertisements, signs, displays or other promotional material depicting retail marijuana uses or symbols shall not be shown or exhibited off the premises, or in any manner which is visible to the public from roadways, pedestrian sidewalks or walkways, or from other public areas. No signage associated with a marijuana retailer shall use the word "marijuana," "cannabis," or any other word or phrase commonly understood to refer to marijuana, unless such word or phrase is immediately preceded by the word "retail," provided that no signage shall contain words such as "reefer," "ganja," "weed" or other similar slang references to marijuana or cannabis.

On-site consumption of marijuana. The use, consumption, ingestion or inhalation of marijuana or marijuana products on or within the premises of any ME is prohibited, except for research facilities.

Visibility of activities. All activities of any ME shall be conducted indoors.

Paraphernalia. Devices, contrivances, instruments and paraphernalia for inhaling or otherwise consuming marijuana, including, but not limited to, rolling papers and related tools, water pipes, and vaporizers, may lawfully be sold at a marijuana retailer. No retail marijuana, marijuana products, or paraphernalia shall be displayed or kept in a retail marijuana store so as to be visible from outside the licensed premises.

Control of emissions. Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting an ME must be provided at all times. In the event that any odors, debris, dust, fluids or other substances exit an ME, the owner of the subject premises and the licensee shall be jointly and severally liable for violations of this bylaw. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations.

The proposed ME shall provide appropriate landscaping and urban design features to harmonize the proposed project with abutting uses to protect and enhance the aesthetics and architectural look and character of the surrounding neighborhood. This requirement may be modified or waived by the special permit granting authority.

Any violation will be corrected within 30 days, and if not corrected within the required time, all operations of the ME shall be suspended until the violation is corrected.

The special permit granting authority for any ME shall be the Board of Selectmen.

A special permit shall only be valid for use by the applicant and will become null and void upon the sale or transfer of the license of an ME or change in the location of the business.

In the event that the commonwealth's licensing authority suspends the license or registration of an ME, the special permit shall be so suspended by the Town until the matter is resolved to the satisfaction of said licensing authority.

Site plan. A site plan shall be submitted that includes all information required as per § 199-13.3 and must also include the following:

Security plan. A security plan shall be submitted to ensure the safety of employees, patrons and the public and to protect the premises from theft or criminal activity. The Police Chief, or their designee, shall offer comments to the special permit granting authority regarding the security plan. The security plan shall include, but not be limited to, the following:

Evidence that the applicant has site control and the right to use the site for an ME in the form of a deed, valid lease, or purchase and sale agreement or a notarized statement from the property owner, certifying the applicant has firm site control.

The special permit granting authority may require a traffic study that includes an analysis of on-site circulation and parking demand to justify the number of proposed parking spaces and the optimum configuration for site ingress and egress.

The applicant and all licensees waive and release the Town, its elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of the ME owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations.

The applicant, in receiving approvals issued pursuant to this chapter, and all licensees, jointly and severally, if more than one, agree to indemnify, defend and hold harmless the Town, its elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the ME that is the subject of the approval/license.

To the extent that the state has adopted or adopts in the future any additional or stricter law or regulation governing the cultivation, manufacturing, testing, research or retail of marijuana or marijuana products, the additional or stricter regulation shall control the ME in the Town. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any license under this chapter, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any license issued hereunder.

Any ME may be required to demonstrate, upon demand by law enforcement officers of the Lee Police Department and/or the local licensing authority, that the source and quantity of any marijuana found upon the licensed premises are in full compliance with any applicable state law or regulation.

The issuance of any license pursuant to this chapter shall not be deemed to create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the cultivation, possession, sale, distribution or use of marijuana.

Prior to the issuance of a special permit or site plan approval, the ME must have entered into a host community agreement with the Town. If, upon review by the Board of Selectmen, the ME is found to not be fully in compliance with the host community agreement, the special permit may be suspended or rescinded.

Except as provided below, all solar photovoltaic installations shall meet the requirements of this chapter, including those concerning the bulk and height of structures, lot area, open space, parking, signs, surface water runoff, and building coverage requirements.

Additional standards. The following additional standards shall apply to solar photovoltaic installations during site plan reviews and special permit proceedings:

Abandonment and removal.

"Short-term rental" or "STR" means an owner-occupied, tenant-occupied or non-owner-occupied property, including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation where: i) at least one room or unit is rented to an occupant or suboccupant; and ii) all accommodations are reserved in advance; provided, however, that a private owner-occupied property shall be considered a single unit if leased or rented as such. This definition is intended to be identical to that used for state tax law under MGL Chapter 64G or its successor.

"STR landlord" means the person, trust or other entity who offers the use of a property as an STR and who has a right of occupancy to the premises after the rental concludes.

"Booking agent" means the person or business entity that makes decisions to grant or deny permission to rent an STR property, facilitates reservations for an STR property or collects payments for rentals of an STR property. Where an automated system makes decisions about rentals, the registration shall identify an individual person within this state who has access to that system and who shall be deemed to be the booking agent.

"Property manager" means the person or business entity who is obligated to respond to all problems, complaints, or emergencies relating to an STR that are reported by an STR guest, other Lee residents, or Town government.

Hotels, motels, lodging houses, and licensed bed-and-breakfast establishments.

Tenancies at will or month-to-month leases.

Time-shares.

Any federal, state, or municipal institution.

Lodging accommodations, including dormitories at religious, charitable, educational, and philanthropic institutions that are not a hotel or motel or generally open to the public and operated by the institution.

Privately owned and operated convalescent homes or homes for the aged, infirm, indigent, or chronically ill.

Religious or charitable homes for the aged, infirm, indigent, or chronically ill.

Summer camps for children up to 18 years of age or developmentally disabled individuals.

Lodging accommodations provided to seasonal employees by employers.

Alcohol- and drug-free housing that is certified by the state.

Property owned by a corporation, trust, or partnership. Nevertheless, any revocable trust or corporation may operate an STR if its sole real estate asset is a single residential property in Lee; that property contains one or two dwelling units; and that property is the primary residence of the entity's trustee majority stockholder(s), beneficiary or partner.

Property occupied by a tenant acting as STR landlord unless the tenant's lease from the fee owner explicitly authorizes the tenant, in writing, to use the property for STR purposes.

Residential property designated as "affordable" or otherwise income-restricted and which is subject to affordability covenants or is otherwise subject to housing or rental assistance under local, state, or federal programs or law.

Property with current violations of the Building Code, the Fire Code, the Town zoning regulations, or an order of the Tri-Town Board of Health/Lee Board of Health.

Renting an STR for use by more persons than the registered maximum STR occupancy.

Renting an STR for commercial use, such as for business or sales meetings.

Renting an STR to a person under the age of 18.

An STR tenant shall not conduct an event or gathering on an STR property where attendance is more than twice the advertised maximum STR occupancy or the occupancy in the STR rental agreement.

An STR tenant shall not conduct an event or gathering on an STR property that includes tents or outdoor amplified music.

Each booking agent shall keep either paper or electronic records on rental activity that include the name and address of each tenant and the maximum occupancy for that rental period. Those records shall be available within Berkshire County either physically or through the internet. Records of each rental shall be maintained for at least two years after that rental concludes. A paper copy of any record shall be produced upon written demand by the Tri-Town Board of Health/Lee Board of Health or the Select Board.

Each STR property shall have a property manager who shall maintain a twenty-four-hour telephone number and shall respond within two hours to any problem or complaint reported by a tenant.

Each STR property relying on a septic system shall comply with the requirements regarding septic systems under Title 5 and associated state regulations (310 CMR 15.00).

Each STR property shall comply with all standards and regulations of the Board of Health. STRs are subject to inspection by the Board of Health, the Fire Department, and Town building officials.

Each STR shall have residential smoke and CO detectors installed and maintained in compliance with state statute law and regulations. A fire extinguisher shall be mounted in a clearly visible and easily accessible location and in or near any kitchen. If there is more than one habitable level, a fire extinguisher shall be mounted on each level in an easily accessible location.

Each STR property shall have off-street parking spaces on or adjacent to the property at least equal to the number of STR bedrooms, plus one space.

Trash shall be removed from each STR property at least weekly.

Each STR shall post, in a conspicuous place:

Any advertisement offering the STR shall include the Lee STR registration number and shall state the maximum allowable STR occupancy. No advertising shall offer to exceed the maximum allowable occupancy registered under the following subsection.

Each STR landlord shall ensure that its registration data at all times accurately describe the current names and contact information for the STR landlord, booking agent, and property manager.

The street address of the property.

A description of the STR property and the rooms or areas offered for short-term rental.

The maximum allowable occupancy of each rental unit.

The STR landlord's name and contact information.

The booking agent's name and contact information.

The property manager's name, telephone number and any other contact information.

A copy of a currently valid STR certificate of registration with the Massachusetts Department of Revenue.

A statement that residential smoke and carbon monoxide detectors are installed and maintained in compliance with state statute law and regulations.

A statement that a fire extinguisher is mounted in a clearly visible and easily accessible location on each habitable level of the STR building and in or near any kitchen.

A statement describing whether the STR building is served by a septic tank or municipal sewer.

A statement of whether the property is served by municipal water supply or a well. If a well, the statement shall state that the well has been tested within the preceding five years and was found to be potable and safe for personal consumption.

A statement and diagram showing the number and location of off-street parking spaces.

Each STR registration received by the Town Clerk in proper form and accompanied by the required fee shall be assigned a Lee STR registration number, which shall be consistent from year to year.

Registrations of STRs shall expire every year on December 31. Renewal registrations may be filed during each December for the following year. The annual registration fee shall be $100 per rental unit or as otherwise set by the Select Board.

Has accrued three or more violations of this section within a twelve-month period;

Has failed to update all required contact information and has not responded to an inquiry after 20 days; or

Has failed to provide access to STR properties for authorized inspection or has failed to comply with orders to correct STR deficiencies.