One principal permitted use, except as hereinafter provided;

A use permitted by special permit from the Zoning Board of Appeals or the Planning Board;

An accessory use allowed in Residential and Outlying Districts;

A residential use in the Retail Commercial and the Commercial District, which shall comply with § 250-5.1D(1).

A development containing 10 or more units shall set aside 10% of the units as moderate- or low-income units. A development containing 36 or more units shall set aside 15% of the units as moderate- or low-income units. The set-aside units shall conform to the zoning requirements of the zone in which the units shall be built. The set-aside units may be developed as sale or rental units. All partial units under this formula will be rounded to the next highest number.

The following conditions will prevail:

Religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a nonprofit educational corporation, except as provided in MGL c. 40A, § 3, as amended.

Agriculture, horticulture, floriculture and viticulture as their primary purpose, provided that such uses shall be limited to parcels of land containing at least five acres or at least two acres qualified under MGL c. 40A, § 3.

Activities accessory to activities otherwise permitted within the district as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, whether or not on the same parcel as activities permitted as a matter of right, subject to the provisions of § 250-8.3. for a special permit.

Cemeteries.

Municipal buildings and uses.

Conservation areas for water, plants and wildlife and dams necessary for achieving this purpose, farming, including raising, harvesting and storing crops, truck gardening and grazing, orchards, nurseries, forest and tree farms and areas for horticulture and floriculture, but not including fur farms or piggeries, provided that:

Small wastewater treatment facilities which shall be designed and operated in accordance with the Lunenburg Planning Board regulations for the design, operation and maintenance of small wastewater treatment facilities and sewage pumping stations contained in the Rules and Regulations Governing the Subdivision of Land,[1] provided that:

Child-care facilities, as defined by MGL c. 15D, § 1A, as a "child-care center" or "school-aged child care program" but not "family child-care home," provided that:

Uses prohibited in all districts:

Small wind energy system (SWES) in any district on a lot of one acre or more, subject to the provisions of § 250-6.6F(2).

Commercial wind energy system (CWES) on Town-owned property or on 10 acres.

 

Boarding House: A single-family dwelling where more than two, but fewer than six rooms are provided for lodging for definite periods of times. Meals may or may not be provided, but there is one common kitchen facility. No meals are provided to outside guests.

Multi-Family Dwelling: A building consisting of not more than four dwelling units which are attached by common vertical walls and each unit having a separate or combined entrance or entrances.

Single Family Dwelling: A detached building on a single lot containing one dwelling unit, or a factory-assembled structure constructed to state building code standards.

Two-Family Dwelling: A residential structure designed to house a single-family unit from lowest level to roof, with a private outside entrance, but not necessarily occupying a private lot, and sharing a common wall adjoining dwelling units.

Town House: Single-family attached unit in structures housing three or more dwelling units, contiguous to each other only by the sharing of one common bearing or party wall; such structures are to be of the townhouse or rowhouse type as contrasted to multiple-dwelling apartment structures. No single structure shall contain in excess of five dwelling units and each dwelling unit shall have separate and individual front and rear entrances.

Assisted Living: A special combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living. A facility with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms or living quarters, where the emphasis of the facility remains residential.

Charitable Institution: Any entity which: (1) has been certified as a not-for-profit organizations under Section 501(c)(3) of the Internal Revenue code, and (2) has religious, charitable, or eleemosynary functions or is a religious or charitable organization. As used in this definition, a charitable organization is an organization which exclusively, and in a manner consistent with existing laws and for the benefit of an indefinite number of persons, freely and voluntarily ministers to the physical, mental, or spiritual needs of persons, and which thereby lessens the burdens of government.

Church: A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes synagogue, temple, mosque, or other such place for worship and religious activities.

Educational Use: Use of land or a building or buildings as or for an institution not for profit but for the establishment and maintenance of a public or private college, secondary, elementary, trade or vocational school or other educational institution for the academic instruction and cultivation of the mind and/or the inculcation of a clearer sense of moral and spiritual values.

Hospital: An institution, licensed by the state department of health, providing primary health services and medical and/or surgical and/or mental health care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.

Government Building: Any building held, used, or controlled exclusively for public purposes by any department or branch of government, state, county, or municipal, without reference to the ownership of the building or of the realty upon which it is situated. A building belonging to or used by the public for the transaction of public or quasi-public business.

Public Utility: All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and includes facilities for the generation of electricity. Facilities shall be licensed by the Department of Public Utilities (DPU).

Water Supply: A system for the provision to the public of piped water for human consumption if the system serves 15 or more service connections or which regularly serves 25 or more individuals. The term includes: (a) any collection, treatment, storage, or distribution facility under control of the operator of the system and used primarily in connection with the system; and (b) any collection or pretreatment storage facility not under the control of the operator of the system which is used primarily in connection with the system.

Outdoor Entertainment: Any establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Includes, but not limited to, skating rinks, water slides, miniature golf courses, arcades, bowling alleys, and billiard halls, but not movie theaters.

Indoor Entertainment: An establishment providing completely enclosed recreation activities. Accessory uses may include the preparation and serving of food or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, rollerskating or ice-skating, billiards, pool, motion picture theaters, and related amusements.

Golf ourse: A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restaurant, golf-related retail, restrooms, driving range, and shelters as accessory uses.

Private Club: A facility open only to bona fide members and guests of the private organization operating the facility. This includes recreational centers for the exclusive use of members and their guests with facilities that may include swimming pools and/or tennis courts, but specifically excluding golf courses.

Private Camp: Land under single ownership and management having tents, buildings, or other shelters (not including recreational vehicles or mobile homes) for recreational or educational purposes and accommodating four or more people for two or more days, or portions thereof.

Recreation: The refreshment of body and mind through forms of play, amusement, or relaxation. The recreational experience may be active, such as boating, fishing, and swimming, or may be passive, such as enjoying the natural beauty of the shoreline or its wildlife.

Adult Use: Adult uses, as defined by Section 9A of Chapter 40A, provided that:

Auction House: A building, area, or areas within a building used for the public sale of goods, wares, merchandise, or equipment to the highest bidder. This definition excludes therefrom an auction, the principal purpose of which is the sale of livestock or motor vehicles.

Bed & Breakfast: Bed and Breakfast, or Bed and Breakfast Establishment provided that:

Drive-in Theater: An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures on a paid admission basis to patrons seated in automobiles, this does not include Adult Theaters.

Hotel: An establishment providing, for a fee, sleeping accommodations, which are generally accessed through a lobby, corridor or internal hallway and customary lodging services, including maid service, the furnishing and upkeep of furniture and bed linens, and telephone and desk service. Related ancillary uses may include but shall not be limited to conference and meeting rooms, restaurants, bars, and recreational facilities.

Laundry Service: A business that provides washing, drying, and/or ironing services for a fee or machines for hire to be used by customers on the premises.

Liquor Store: Any business selling general alcoholic beverages, including distilled spirits or hard liquor, beer, wine and malt beverages for off-premises consumption.

Medical Clinic: A facility operated by a collected group of physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. This is contrasted with an unrelated group of such offices.

Mixed Use: A combination of commercial and residential uses within a single building or lot. In the case of uses that require a Special Permit, a Zoning Board of Appeals decision must be rendered on the use prior to filing for Planning Board Site Plan Approval.

Motel: A building or series of buildings in which lodging is offered for compensation, and which is distinguished from a hotel primarily by reason of providing direct independent access to, and adjoining parking for, each rental unit.

Office Park: A development on a tract of land that contains a number of separate businesses, offices, light manufacturing facilities, accessory and supporting uses, and common open space designed, planned, and constructed on an integrated and coordinated basis.

Pawn Shop: An establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property.

Personal Improvement Service: A business primarily providing instruction and/or facilities for dancing, martial arts, music instruction, physical exercise, fitness training, or other voluntary physical or mental health services not related to a medical diagnosis.

Professional Office: Offices or studios of professional or service occupations or agencies which are characterized by low traffic and pedestrian volumes, lack of distracting, irritating, or sustained noise, and low density of building developments. This includes but is not limited to accountant, appraiser, architect, engineer, insurance adjuster, landscape architect, lawyer, consultant, secretarial agency, bonding agency, real estate, mortgage or title agency, and investment agency.

Retail Establishment: Sale or rental with incidental service of commonly used goods and merchandise for personal or household use but excludes those classified more specifically by definition.

Restaurant: An establishment where food and/or beverages are prepared, served, and consumed, and whose principal method of operation includes one or both of the following characteristics: (1) customers are normally provided with an individual menu and served their food and beverages by a restaurant employee al the same table or counter where the items are consumed; or (2) a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.

Restaurant, Carry-Out: A restaurant where food, frozen dessert, or beverages are primarily sold in disposable packaging, ready-to-consume, and is intended for ready consumption by the customer on or off the premises.

Service Establishment: Any establishment whose primary activity is the provision of assistance, as opposed to products, to individuals, business, industry, government, and other enterprises.

Shopping Center: A single piece of real estate containing more than three commercial establishments and a total business space of more than 5,000 square feet planned, constructed, and managed as a total entity with customer and employee parking provided on site.

Self-Storage: A building or group of buildings of a controlled-access and/or fenced compound that contains compartmentalized and controlled-access stalls or lockers, for the storage of customers' goods or wares.

Auto Sales: Any business establishment that sells or leases new or used automobiles, trucks, vans, trailers, off highway use recreational vehicles, or motorcycles or other similar motorized transportation vehicles. Dealerships may maintain an inventory of the vehicles for sale or lease either on-site or at a nearby location and may provide on-site facilities for the repair and service of vehicles as an accessory use.

Auto Repair Facility: Any building, structure, improvements, or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but not limited to body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of remote start, car alarms, and/or stereo equipment.

Boat Service Yard: Facility (which could include a boat repair garage, boat storage yard) where boats are repaired and stored until repairs are completed.

Car Wash: Mechanical facilities for the washing and/or waxing and/or detailing of private automobiles, light trucks and vans. The use of personnel for one or more phases of this operation in conjunction with or without complete automatic or mechanical devices does not alter its classification and coin-operated devices operated on a self-service basis shall be construed to be the same. This definition is not applicable to fleet vehicle and truck wash facilities not open to the public.

Construction Sales and Service: Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials and light equipment used in the construction of buildings, landscape features or other structures, but specifically excluding automobile or heavy equipment supplies, sales and rentals.

Contractor Yard: Any land or buildings housing the offices of and used for the storage of equipment, vehicles, machinery (new or used), building materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of any building trades or building craft.

Equipment Repair Service: Establishments primarily engaged in the repair of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment. Included in this use type is the incidental storage and/or sale of such pre-owned equipment.

Equipment Sales: Establishments primarily engaged in the sale or rental of tools, trucks, construction equipment, and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

Fuel Service Station: That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Such an establishment may offer for sale at retail other convenience items as a clearly secondary activity, repair service, and may also include a freestanding automatic car wash.

Outdoor Storage/Display: An outdoor arrangement of objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product, or service.

Repair Shop: Establishments primarily engaged in the provision of repair services to individuals but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.

Trade Shop: Building or portion of a building used to conduct the business of a carpenter, cabinetmaker, electrician, painter, paperhanger, plumber, printer, sign painter, upholsterer or similar tradesman or artisan.

Distribution: Storage, wholesale, and shipment or movement of manufactured products, supplies, and equipment, excluding bulk storage of materials that are inflammable or explosive or that present hazards or conditions commonly recognized as offensive.

Industrial Parks: A planned, coordinated development of a tract of land with two or more separate lots or industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design, orientation, and open space.

Manufacturing: The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials including but not limited to oils, plastics, resins, etc., which by the nature of the materials, equipment, and process utilized are not objectionable by reason of odor, radiation, noise, vibration, gas fumes, dust, smoke, refuse matter or water-carried waste.

Research Establishment: Laboratories or other facilities that perform research, development, and testing but whose activities do not involve the mass manufacture, fabrication, processing, or sale of products. Such uses shall not violate any odor, dust, smoke, gas, noise, radiation, vibration, or similar pollution standard.

Agriculture: Activities including but not limited to.

Agriculture Sales and Service: A use primarily engaged in the sale or rental of farm tools and implements, feed, grain, tack, animal care products, farm supplies, agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching. This includes food sales and farm machinery repair services that are accessory to the principal use.

Earth Removal: The removal, extraction, excavation, fill, or grading for any purpose of soil, sand, shell, limestone, dolomite, gravel, ore, rock, clay, peat, or any material by whatever process.

Kennel: The boarding, breeding, raising, grooming, or training of two or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain.

Veterinary Hospital:. Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal health conditions wherein the animals are limited to dogs, cats, or other comparable household pets and wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of the animal.

"Marijuana cultivator," an entity licensed to cultivate, process and package marijuana, to deliver marijuana to Marijuana Establishments and to transfer marijuana to other Marijuana Establishments, but not to consumers.

"Marijuana product manufacturer," an entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to Marijuana Establishments and to transfer marijuana and marijuana products to other Marijuana Establishments, but not to consumers.

"Marijuana testing facility," an entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants.

"Marijuana retailer," an entity licensed to purchase and deliver marijuana and marijuana products from Marijuana Establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to Marijuana Establishments and to consumers.

"Marijuana Transporter" an entity with a fixed location not otherwise licensed by the Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to Marijuana Establishments, but not to consumers. Marijuana Transporters may be an Existing Licensee Transporter or Third Party Transporter.

"Marijuana Researcher Facility" an entity licensed to cultivate, purchase, or otherwise aquire marijuana for the purpose of conducting research regarding marijuana products.

Temporary placement of a mobile home or trailer for temporary use as a dwelling notwithstanding provisions herein contained to the contrary, provided, however:

The raising or keeping of poultry, saddle horse(s), livestock or other farm animals for non-commercial use on properties that are not exempt under the General Laws Chapter 40A Section 3.

Tool shed, playhouse, tennis/basketball court, boat house or other structure for domestic use; private garage for motor vehicles, but not including more than one (a) commercial vehicle used for a commercial enterprise or more than one (1) school bus or farm vehicles.

The use of a room or rooms, in a dwelling or building accessory thereto by a resident of the premises as an office, studio or workroom for a home occupation, provided that:

Night lighting of parking areas shall be directed downward, not affect abutting properties and be Dark Sky Compliant.

Landscaped or naturally vegetated buffers shall be provided along the periphery of the property.

Outdoor facilities which generate noise, such as swimming pool or a shooting range, shall be located and buffered so as not to be a nuisance and an unenclosed pool, if any, shall be set back from any public street at least two (200) feet.

Natural features shall be preserved to the maximum extent practicable.

Stone walls and man-made features which improve or contribute to the character of the area shall be maintained where possible.

Service areas shall be screened from active recreation areas.

Reasonable mitigation measures shall be taken to address traffic, parking and safety (including road safety) concerns posed by the proposed development. The Planning Board will review measures during Site Plan Approval as deemed necessary.

There shall be more than one (1) means of access.

All residents of the Town shall be eligible for membership.

In the case proposed proposal is adjacent to a Planned Residential Area, special care will be taken to coordinate the development with the Planned Residential Area.

Maximum capacity limitations shall be established by the Licensing Authority for accessory facilities, including restaurants and function rooms, after recommendations from appropriate Town Boards, including (but not necessarily limited to) the Planning Board, Board of Health, Fire Chief, Building Official and Police Chief. Maximum capacity limitations shall be based on, but not limited to, the following criteria, but in no case shall exceed two hundred (200) persons; provision for adequate off-street parking in accordance with Section 250-6.1 of this Code of Lunenburg; provision for adequate wastewater disposal; provision for adequate refuse disposal provision for crowd control and security; and no adverse impact on adjacent uses.

No more than ten (10) percent of the total lot area shall be covered by an impervious surface.

Function Facility, allowed only as an accessory to Bed & Breakfast, Hotel, Farm, and Restaurant uses, to serve as a facility for meetings and other functions to include reception, dinners, weddings and business and civic meetings and similar social affairs and further provided that:

Catering Service.

Any use allowed by right or special permit within the zoning district provided that:

Drive Through Service may be allowed by Special Permit from the Planning Board in the Commercial and Office/Industrial Park Districts. In the approval of the Special Permit the Planning Board shall take the following items into consideration:

Outdoor Storage/Display may be allowed by Special Permit from the Zoning Board of Appeals with the following conditions.

The architectural style of the original structure shall not be altered and new construction shall be of a residential style consistent with the present residences.

There shall be no drive-through window service.

All parking shall be off-street, shall not be located within the required setback of the principal building or in an area approved in the Site Plan Review.

There shall be no exterior storage, display or sales, without obtaining a Special Permit.

There shall be no exterior structural evidence of the non-residential use of the structure, with the exception of signs conforming with the provisions of Section 250-6.5 of the Code of Lunenburg.

Function Facility, allowed only as an accessory to Bed & Breakfast, Hotel, Farm, and Restaurant uses, to serve as a facility for meetings and other functions to include reception, dinners, weddings and business and civic meetings and similar social affairs and further provided that:

Catering service.

Any use allowed by right or special permit within the zoning district provided that:

Drive Through Service may be allowed by Special Permit from the Planning Board in the Commercial and Office/Industrial Park Districts. In the approval of the Special Permit the Planning Board shall take the following items into consideration:

Outdoor Storage/Display may be allowed by Special Permit from the Zoning Board of Appeals with the following conditions.

Solar Parking Canopy: a special application of a ground-mounted solar energy system that is installed on top of a functional parking surface that maintains the function of the area beneath the canopy.

A Solar Parking Canopy may be allowed by Special Permit from the Planning Board in the Commercial and Office/Industrial Park Districts. In approving a Special Permit the Planning Board must find the following:

Occupied Lot Area.

Building Location and Utilities.

Interior Streets, Drives, Walkways and Access.

Parking and Loading Area.

Sidewalks.

Screening.

Landscaping.

Street Furniture.

Any use allowed by right or special permit within the zoning district provided that:

Drive Through Service may be allowed by Special Permit from the Planning Board in the Commercial and Office/Industrial Park Districts. In the approval of the Special Permit the Planning Board shall take the following items into consideration:

Outdoor Storage/Display may be allowed by Special Permit from the Zoning Board of Appeals with the following conditions.

Solar Parking Canopy: a special application of a ground-mounted solar energy system that is installed on top of a functional parking surface that maintains the function of the area beneath the canopy.

A Solar Parking Canopy may be allowed by Special Permit from the Planning Board in the Commercial and Office/Industrial Park Districts. In approving a Special Permit the Planning Board must find the following:

The plan shall show a buffer strip which shall create a visual screen using landscaping of existing natural growth and/or plant material indigenous to the area;

Unless otherwise approved with the development plan, accessory uses not contained in the principal building shall be provided with safe access and shall be visually screened from view from a public way or shall be in a structure of an architectural style compatible with the principal structure.

Limitations upon uses.

Purpose.

Authority.

Special Permit Approval Criteria. The Zoning Board of Appeals shall act upon all applications after notice and public hearing, and after due consideration may grant such a special permit provided that it finds the proposed use:

The following uses are prohibited in the Village Center District:

Dimensional requirements.

Parking requirements.

Design standards. The Design Standards in this section shall be applied to development within the Village Center District where applicable.

Village Center District campus developments. Developments that contain multiple buildings and uses on a single lot are encouraged as long as they are sensitive to the context of the surrounding area and meet the purposes outlined above. These developments are subject to the provisions of Section 8.4 Development Plan Review of the Protective Bylaw as well as the additional design guidelines outlined in Section 4.17.8. of this Bylaw and below.

Additional design standards. In addition to those design standards listed in Section 4.17.8. of this bylaw, applications for a Village Center District Campus shall also meet the following standards:

Ensure public safety through reducing the threats to life and personal injury.

Eliminate new hazards to emergency response officials.

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

Eliminate costs associated with the response and cleanup of flooding conditions.

Reduce damage to public and private property resulting from flooding water.

The Floodplain District is established as an overlay district to all other districts. All development, including structural and nonstructural activities, must be in compliance with MGL c. 131, § 40 and with the requirements of the Massachusetts State Building Code pertaining to construction in the floodplain.

Permitted uses. The following uses of low flood damage potential and causing no obstructions to flood flows shall be allowed, provided they are permitted in the underlying district and they do not require structures, fill or storage of materials or equipment:

Uses permissible by special permit granted by the Planning Board. No structure or building shall be erected, constructed, substantially improved or otherwise created or moved, no earth or other materials dumped, filled, excavated or transferred, unless a special permit is granted by the Planning Board. Said Board may issue a special permit hereunder, subject to other applicable provisions of this bylaw, if the application is in compliance with the following provisions:

In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In Zone AE, along watercourses that have a regulatory floodway designated on the Town's FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Such proposals minimize flood damage.

Public utilities and facilities are located & constructed so as to minimize flood damage.

Adequate drainage is provided.

Adjacent Communities, especially upstream and downstream.

Bordering States, if affected.

NFIP State Coordinator.

Massachusetts Department of Conservation and Recreation. NFIP Program Specialist.

Federal Emergency Management Agency, Region I.

NFIP State Coordinator.

Massachusetts Department of Conservation and Recreation.

NFIP Program Specialist.

Federal Emergency Management Agency, Region I.

The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.

The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain District.

Good and sufficient cause and exceptional non-financial hardship exist;

The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

The variance is the minimum action necessary to afford relief.

The floodplain management regulations found in this Floodplain District Bylaw shall take precedence over any less restrictive conflicting local laws or codes.

The degree of flood protection required by this Bylaw is considered reasonable but does not imply total flood protection.

Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the Town of Lunenburg;

Preserve and protect existing and potential sources of drinking water;

Conserve natural resources in the Town of Lunenburg; and

Prevent temporary and permanent contamination of the environment.

The Water Supply Protection District is an overlay district superimposed on the zoning districts. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable activities and uses in a portion of one of the underlying zoning districts that fall within the Water Supply Protection District must additionally comply with the requirements of this bylaw. Uses prohibited in the underlying zoning districts shall not be permitted in the Water Supply Protection District.

If the location of the Water Supply Protection District in relation to a particular parcel is in doubt, resolution of the boundary dispute shall be through a Special Permit application to the Special Permit Granting Authority. Any application for a special permit for this purpose shall be accompanied by adequate documentation.

Burden of proof shall be upon the landowner to demonstrate that the location of the Water Supply Protection District with respect to a particular parcel(s) of land is uncertain. At the request of the landowner, the Town may engage a professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the Water Supply Protection District with respect to a particular parcel(s) of land, and may charge the owner for the cost of the investigation.

Where the Zone II boundary line of the Water Supply Protection District divides a lot or parcel, the requirements established by this bylaw shall apply to the land twenty (20) feet beyond the Zone II boundary.

Irrespective of the permitted uses in the underlying district, only the following uses are permitted within Zone I or Zone II of the Water Supply Protection District except as may also be allowed by Special Permit in § 250-4.9H. This same restriction does not apply to Zone III.

The following uses are permitted within Zone I:

The following uses are permitted within Zone II and Zone III of the Water Supply Protection District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:

The following land uses and activities are prohibited in Zone II unless designed in accordance with the specified performance standards:

In Zone I the following uses and activities are permitted only upon the issuance of a Special Permit by the Special Permit Granting Authority (SPGA) under such conditions as they may require:

In Zone II, the following uses and activities are permitted only upon the issuance of a Special Permit by the Special Permit Granting Authority (SPGA) under such conditions as they may require:

The Special Permit Granting Authority (SPGA) under this bylaw shall be the Planning Board. A special permit shall be granted if the SPGA determines, with advisement from the Lunenburg Water District, Building Commissioner, Conservation Commission, Department of Public Works, and Board of Health, that the intent of this bylaw, as well as its specific criteria, are met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The SPGA shall document the basis for any departures from the recommendations of the other municipal boards, departments, or commissions in its decision.

Upon receipt of the special permit application, the SPGA shall transmit one copy to the Lunenburg Water District, Building Commissioner, Conservation Commission, Department of Public Works, Board of Health, and Lunenburg Fire Department. Failure to respond in writing within 35 days of receipt shall be considered as no desire to comment. The necessary number of copies of the application shall be furnished by the applicant.

The SPGA may grant the required special permit upon finding that the proposed use meets the following standards, those standards and requirements specified in § 250-4.9G of this bylaw, and any regulations or guidelines adopted by the SPGA. The proposed use must:

The SPGA may adopt controls to govern design features of projects. Such controls shall be consistent with the Town's subdivision regulations, Site Plan Approval, and Stormwater Bylaws.

The applicant shall file 10 copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the SPGA and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and all supporting materials must meet the requirements outlined in the Planning Board Rules & Regulations for Site Plan Approval and Special Permit and at a minimum include the following information where pertinent:

The SPGA shall hold a hearing, in conformity with the provision of MGL c. 40A s. 9, within 65 days after the filing of the application. Notice of the public hearing shall be given by publication and posting and by first-class mailings to "parties of interest" as defined in MGL c. 40A s. 11. The decision of the SPGA and any extension, modification, or renewal thereof shall be filed with the SPGA and Town Clerk within 90 days following the closing of the public hearing. Failure of the SPGA to act within 90 days shall be deemed as a granting of the permit.

If there are material changes to the categories of potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use after the Special Permit has been granted, the owner/operator will file updated information on those categories of hazardous materials with the Fire Department, the Board of Health, and the Planning Board.

In Zone III, the following uses and activities (these are the same uses and activities which are permitted only by Special Permit in Zone II as detailed in § 250-4.9H) are permitted only upon the issuance of Site Plan Approval by the Planning Board under such conditions as they may reasonably require.

Site Plan Approval will be granted, with the input of the Building Commissioner, Board of Health, Conservation Commission, and Department of Public Works, and a determination by the Planning Board that the intent of the Bylaw, as well as its specific criteria, are met.

The submitted Site Plan Approval application will comply with the requirements of § 250-8.4 of this Bylaw.

If there are material changes to the categories of potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use after Site Plan Approval is granted, the owner/operator will file updated information on those categories of hazardous materials with the Fire Department, Board of Health, and the Planning Board.

Written notice of any violations of this bylaw shall be given by the Building Commissioner to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance.

A copy of such notice shall be submitted to the Land Use Director, Building Commissioner, Conservation Commission, Department of Public Works, and Board of Health. The cost of containment, clean-up, or other action of compliance shall be borne by the owner/operator of the premises.

The Building Commissioner may use any portion of § 250-8.2 of these Zoning Bylaws to assist in the enforcement of the requirements of this Bylaw. Planning Board recommends Approval; Finance Committee - NDFI; Select Board recommends Approval 4, 1 Abstain.

Townhouses and garden flats.

Recreation facilities, limited to lakefront facilities, including a club house, beach, tennis, badminton, bocce, shuffleboard, gardens, outdoor seating and similar uses.

Restaurants.

All uses are subject to the applicable provisions of Section 250-8.4.

The dimensional requirements of Section 250-5.0. can be modified by the Planning Board in connection with a Special Permit or a Site Plan Approval, if

The maximum density shall be determined by the Planning Board so as not to conflict with the surrounding properties and intended use, but shall not be more than eight (8)units per acre.

If density exceeds the underlying zone, there shall not be more than two (2) bedrooms per unit.

Consideration shall be given to preserving some of the previous character of the area as an amusement park, such assigning or markers, maintaining a feature of the park or other historic structures.

Development of uses permitted by Section 4.12.3. shall be completed within three (3) years from the date of approval of the special permit, unless otherwise approved by the Planning Board.

To promote the public health, safety and welfare by encouraging a diversity of housing opportunities.

To provide a range of housing choices for households of varying size, incomes and ages and increase the production of housing to meet existing and anticipated need.

To establish requirements, standards and guidelines which will ensure suitable and cost-effective development and a clear, predictable and efficient development review and permitting process.

To enable the Town to receive zoning incentive and density bonus payments under MGL Chapter 40R and Chapter 40S.

Establishment. The Tri-Town Smart Growth District is an overlay district having a land area of approximately +8.97 acres in size that is superimposed over the underlying zoning district applicable to a portion of the property shown on the map entitled "Tri-Town Smart Growth District," dated April 10, 2006, being the locus formerly used as the Tri-Town Drive-in Theater on Youngs Road and shown on Assessor's Map Number 81, Parcel Number 907. This map is hereby made a part of the Zoning Bylaw and is on file in the office of the Town Clerk.

Underlying zoning. The Tri-Town Smart Growth District is an overlay district superimposed on all underlying zoning districts. When a building permit is issued for any project approved in accordance with this § 250-4.13, the provisions of the underlying district(s) shall no longer be applicable to the land shown on the site plan which was submitted pursuant to Subsection L for such project.

Multifamily residential use, including garden apartments, with a density of 22.03 dwelling units per acre.

Parking, including surface, garage-under, and structured parking (e.g., parking garages).

Open space and recreational uses.

Accessory uses customarily incidental to any of the above permitted uses.

Marketing plan. Prior to granting plan approval for a project within the Tri-Town Smart Growth District, an applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. Not less than 10% of the residential units within a project shall be three-bedroom units. These documents in combination, to be submitted with a site plan application pursuant to Subsection L below, shall include details about construction related to the provision, within the development, of units that are accessible to the disabled.

Number of affordable housing units. Not less than 25% of housing units constructed in a project shall be affordable housing; provided, however, that the Planning Board may consider an application where 20% of the units are affordable housing set aside for eligible households. For purposes of calculating the number of units of affordable housing required within a project, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit.

Requirements. Affordable housing shall comply with the following requirements:

Design and construction. Units of affordable housing shall be finished housing units. Units of affordable housing shall be dispersed throughout the development of which they are part and be comparable in initial construction quality and exterior design to the other housing units in the development. The total number of bedrooms in the affordable housing shall be proportionate to the total number of bedrooms in all the units in the development of which the affordable housing is part, provided that at least 10% of the three-bedroom units within the district shall be affordable housing.

Affordable housing restriction. Each unit of affordable housing shall be subject to an affordable housing restriction which is recorded with the appropriate Registry of Deeds or District Registry of the Land Court and which contains the following:

Administering agency. An administering agency, which may be the Lunenburg Housing Authority or other qualified housing entity, shall be designated by the Planning Board. In a case where the administering agency cannot adequately carry out its administrative duties, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the Planning Board or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such agency shall ensure the following:

Housing marketing and selection plan. The housing marketing and selection plan may make provision for payment by the project applicant of reasonable costs to the administering agency to develop, advertise, and maintain the list of eligible households and to monitor and enforce compliance with affordability requirements. Such payment shall not exceed 1/2% of the amount of rents of affordable rental units (payable annually) or 1% of the sale or resale prices of affordable homeownership units (payable upon each such sale or resale), as applicable.

Age restrictions. The district shall not include the imposition of restrictions on age.

Phasing. For housing that is approved and developed in phases, the proportion of affordable housing units shall be consistent across all phases.

Computation. Prior to the granting of any building permit for the housing component of a project, the applicant for such building permit must demonstrate, to the satisfaction of the Planning Board, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town.

No waiver. Notwithstanding anything to the contrary herein, the affordability provisions in this section shall not be waived.

Lot area, width and frontage.

Setbacks and yards.

Building height.

Density and unit type.

Dwellings: two parking spaces for each dwelling containing two or three bedrooms, one parking space for each dwelling unit containing one bedroom, which shall be attached to the dwelling structure unless otherwise approved by the Planning Board.

Guest parking. The location and number of guest parking spaces shall be approved during the development plan review process.

The architectural style, including facades and color, handicapped units and access, walkways and landscaped areas shall be approved by the Planning Board as compatible with the Town of Lunenburg.

Landscaping shall be used to establish buffers between incompatible land uses, which shall be shown on the plan, including plant type and location.

Open spaces and pedestrian amenities shall be available to the public.

Access points, service roads, driveways and driveway entrances, parking areas, lighting and pedestrian walkways shall be arranged and provided in a manner which facilitates interior circulation and minimizes conflict between vehicles and pedestrians.

Ease of access, travel and on-site movement for fire and police equipment and other emergency services shall be assured for public safety.

Utilities shall be placed underground, unless otherwise approved by the Planning Board.

Surface run-off shall be minimized and the protection of the site and adjacent properties from erosion as a result thereof shall be assured.

The relationship of the buildings to the site, including the siting of buildings, structures and open spaces, shall be designed to permit passive solar energy and to permit maximum protection of pedestrian areas from adverse impact of winds, vapors or other emissions, shadows and/or noise.

The relationship of the buildings and site to adjoining areas, including compatibility with the prevailing architectural style and landscape, shall assure suitable transition to adjoining properties.

Historical considerations and compatibility with abutting properties and the area in which it is located shall be respected.

Provision shall be made for maintenance of common areas and special features.

The design of parking and off-street loading areas shall comply with the Regulations of the Planning Board of the Town of Lunenburg Governing the Design, Construction and Maintenance of Off-Street Parking and Loading Areas, effective January 1, 2005.

The landscaping shall comply with the Planning Board Guidelines for Nonresidential Landscaping, effective January 1, 2005.

Alteration of the topography shall be limited as nearly as possible to that which is necessary for the provision of access.

Appropriate surface treatment, fencing, walls and signage shall be provided.

Adequate size, location and screening of exterior and outside storage and service areas shall be provided.

Appropriate provision shall be made for waste disposal, water supply; refuse removal, drainage, dust and erosion control and other utilities and their appurtenances, in accordance with applicable Town regulations.

Adverse impacts as identified in the environmental impact statement required by the Lunenburg Planning Board Rules and Regulations Governing the Subdivision of Land, dated March 2002, shall be mitigated to the satisfaction of the Planning Board.[1]

Utilities, including water, sewer, drainage, and electricity, shall conform to the applicable sections of the Lunenburg Planning Board Rules and Regulations Governing the Subdivision of Land, dated March 2002.

Project review, development and construction shall be monitored in accordance with the Monitoring and Inspection Procedures, dated 2005, and the Fee System of the Lunenburg Planning Board in effect January 1, 2005.

Required submittals. The application for plan approval shall be accompanied by the following plans and documents. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the Planning Board, and shall show the following:

Records. All plans and elevations presented with the application shall remain a part of the records of the Planning Board. The provision of the plan and the application shall be the sole responsibility of the applicant.

Filing. An applicant for plan approval shall file the application form and other required submittals as set forth above with the Town Clerk, and also shall file forthwith the required number of copies of the application and other required submittals as set forth above with the Planning Board, including the date of filing with the Town Clerk.

Circulation to other boards. Upon receipt of the application, the Planning Board shall immediately provide a copy of the application materials to the Board of Selectmen, Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Department of Public Works, and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.

Hearing. The Planning Board shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11. The decision of the Planning Board shall be made, and a written notice of the decision filed with the Town Clerk, within 120 days of the receipt of the application by the Town Clerk. The required time limits for such action may be extended by written agreement between the applicant and the Planning Board, with a copy of such agreement being filed in the office of the Town Clerk. Failure of the Planning Board to take action within 120 days or extended time, if applicable, shall be deemed to be an approval of the application and site plan.

Peer review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the plan approval application, pursuant to MGL c. 44, § 53G.[2]

Waivers. Upon the request of the applicant, the Planning Board may waive dimensional and other requirements of this section, including the performance standards of Subsection K, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the Tri-Town Smart Growth District, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses, and/or physical character allowable under this section.

Plan review. An application for plan approval shall be reviewed for consistency with the purpose and intent of this section, and such plan review shall be construed as an as-of-right review and approval process as required by and in accordance with the enabling laws.

Plan approval. Plan approval shall be granted where the Planning Board finds that:

Plan disapproval. A site plan may be disapproved only where the Planning Board finds that:

Form of decision. The Planning Board shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the Town Clerk and that all plans referred to in the decision are on file with the Planning Board. If 20 days have elapsed after the decision has been filed in the office of the Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the Town Clerk shall so certify on a copy of the decision. A copy of the decision or application bearing such certification shall be recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.

Minor change. After plan approval, an applicant may apply to make minor changes involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the Planning Board on red-lined prints of the approved plan, reflecting the proposed change, and on application forms provided by the Planning Board. The Planning Board may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The Planning Board shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the Town Clerk.

Major change. Those changes deemed by the Planning Board to constitute a major change because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the Planning Board as a new application for plan approval pursuant to this section.

Allowing a mix of uses in close proximity in the district within the development, including residential, retail, office, and light industrial;

Preserving and restoring a village-style character to the designated overlay area;

Promoting a balance of land uses;

Promoting the opportunity for people to work, meet, shop, and utilize services in the vicinity of their residences;

Providing opportunities for the development of variety of housing opportunities;

Providing opportunities for a mixture of uses in the same building;

Promoting a positive pedestrian environment in the district;

Facilitating integrated physical design;

Promoting a consistent level of design quality;

Encouraging the development of flexible space for small and emerging businesses;

Facilitating development proposals responsive to current and future market conditions;

Encouraging the development of open spaces and parks within the district to accommodate workers, residents, pedestrians, and shoppers.

Uses as outlined in Section 250-4.1.G Use Table.

Mixed-use development, which is a development of a tract of land, building, or structure with two or more different uses such as, but not limited to, residential, office, retail, institutional, or entertainment. Residential uses shall be allowed as part of a mixed-use project.

Occupied lot area.

Maximum height: no more than 55 feet measured from ground level.

Setbacks. A landscape plan shall be required for screening and buffering purposes for setback areas.

Minimum lot size: 20,000 square feet.

Minimum frontage: 50 feet.

Minimum open space. All projects within the Summer Street Revitalization Overlay District shall have at least 10% of the total site area devoted to open space; required setbacks shall be considered as part of the total area required for open space. The required open space shall not be used for parking or loading purposes and shall be open and unobstructed to the sky. Items such as benches, walkways, planters, landscaping, kiosks, gazebos and similar structures shall not be considered obstructions.

Mixed-use developments that propose to have retail and residential uses within the same building on lots that meet the minimum dimensional requirements established herein shall be allowed only in a two-story building.

A mixed-use development within the Summer Street Revitalization Overlay District must provide that at least 10% of its residential units be made affordable to low- to moderate-income persons in perpetuity as defined by the Executive Office of Housing and Economic Development (EOHED).

Building location and facade.

Parking, loading, and interior streets.

Landscaping and screening.

Streetscape.

Purpose. The purpose of this section is to promote the creation of renewable energy for individual residences, commercial enterprises and municipal buildings, as-of-right.

Roof-mounted solar energy installations. Roof-mounted solar energy installations shall be located so as not to increase the total height of the structure more than one foot above the applicable zoning regulations related to height in the district in which it is located, or such other height as is determined by the Building Commissioner to be essential for proper operation, but in no case no more than four feet.

Small-scale ground-mounted solar energy installations.

Required documents. The following documents shall be required:

Permitting. Small-scale ground-mounted solar photovoltaic installations and roof-mounted solar energy installations require only a building permit, except that a small-scale ground-mounted solar photovoltaic installation 20 feet in height or greater, at its maximum extension, shall require a special permit in accordance with Subsection D(3). All data listed above shall be submitted to the Building Commissioner. All other necessary permits shall be obtained before a building permit is issued.

As built plans. As-built plans shall be submitted prior to final inspection to the Building Commissioner and copied to the Planning Board.

Purpose.

Solar Overlay District. Large-scale ground-mounted solar photovoltaic installations are allowed by right in the following designated overlay district:

Siting by special permit. Except where permitted as-of-right in the Solar Overlay District, large-scale ground-mounted solar photovoltaic installations may be located on any lot containing more than 20 acres in any district by special permit issued by the Planning Board; provided, however, that the requirements of this § 250-4.15 and the following criteria are met:

Development plan review.

Utility notification. Evidence shall be provided at the time of the application for the development plan review that the utility company that operates the electrical grid where the installation is to be located has been informed of the applicant's intent to construct a solar photovoltaic installation and that approval to connect to the grid has been granted or appropriate application(s) has or will be made to such utilities for interconnection. Off-grid systems shall be exempt from this requirement. Reasonable efforts should be made to place all utility connections underground, depending on appropriate soil conditions, shape and topography of the site.

Fees. An application for a development plan review shall be accompanied by the required fee and a tri-party account (in-house escrow account with the Planning Board, developer and Town Treasurer) for engineering review, monitoring, and inspections fees. An application for a building permit shall be accompanied by the fee required for a building permit. All other fees that shall be required by permitting parties (Conservation Commission, etc.) shall be administered according to their regulations.

Setbacks and buffer strips.

Required documents. In addition to documents required for development plan review, the following will be required for large-scale ground-mounted solar photovoltaic installations. The Planning Board may waive one or more of these requirements in its sole discretion under appropriate circumstances for large-scale ground-mounted solar photovoltaic installations between 10 kW and 249 kW.

Design standards.

Modifications. All modification requests to a solar photovoltaic installation, including changes in arrays, addition to number of arrays or change in placement, made after issuance of the required building permit shall require review through development plan review for compliance with this bylaw.

Abandonment and removal. Absent notice of the proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. The owner or operator shall physically remove the installation no more than 150 days after the date of abandonment or the proposed date of decommissioning operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. The notification shall consist of the methodology of physical removal of all structures, equipment, security barriers and transmission lines, disposal of all solid and hazardous waste and stabilization or revegetation of the site. Landscaping, etc. may be left upon approval of the Planning Board. If the owner or operator fails to remove the installation in accordance with the above criteria, the Town may, after the receipt of an appropriate court order or consent of the property owner, enter the property and physically remove the installation at the owner's expense. As a condition of development plan review, a property owner shall agree to allow the Town entry to remove an abandoned or decommissioned installation. The cost for the removal will be charged to the property owner in accordance with the provisions of MGL c. 139, § 3A as a tax lien on the property.

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

Small accessory or ornamental solar products which do not generate electricity for use in a dwelling or structure are exempt from the provisions in this bylaw.

In the event that any part of this section conflicts with other requirements of the Zoning Bylaw, the requirements of this section shall apply.

Purpose. The purpose of this subsection is to reasonably regulate the development and operation of Battery Energy Storage Systems (BESS) by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such systems that address public safety, minimize impacts on scenic, natural, and historic resources and to provide adequate financial assurance for the decommissioning of such systems in a manner which fulfills the following objectives:

Applicability. Provisions of this subsection § 250-4.13F shall apply as follows:

Definitions: The definitions below are specific to the requirements of this subsection § 250-4.13F and are intended to supplement the standard definitions of the Zoning Bylaws, Article II (§ 250-2.1).

Permitted locations.

Project Approval Criteria — Medium- and Large-Scale Standalone BESS projects.