A registered marijuana dispensary shall not be located within 1,000 yards of any school, church, licensed child care center, playground, place of worship, or any other registered marijuana dispensary.

No registered marijuana dispensary shall be located within the same premises as any medical doctor's office or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.

Any and all cultivation, production, storage, display, sales, or other distribution of marijuana shall be located so as to occur only within the restricted area of a registered marijuana dispensary and shall not be visible from the exterior of the business.

The Planning Board may issue a special permit for a registered marijuana dispensary if the information available to the Planning Board verifies that the applicant has submitted a full and complete application, has planned improvements to the business location consistent with the application, is prepared to operate the business as set forth in the application and in accordance with Town bylaws and has submitted the required fees as required. The Planning Board shall deny any application for a special permit where the applicant does not meet the requirements of Town bylaws or any other applicable law, rule, or regulation or in the event that such application contains any false or incomplete information. The Planning Board may impose such conditions as it deems appropriate for the protection of public health, safety, and welfare in any district permitting such use. Said special permit shall only be issued following a public hearing within 65 days after the filing of an application and payment of the filing fees with the Planning Board; a copy of such application shall forthwith be given to the Town Clerk by the applicant.

A special permit for a registered marijuana dispensary is not transferable or assignable, including, without limitation, not transferable or assignable to a different premises, to a different type of business (including another RMD), or to a different owner or licensee. A registered marijuana dispensary special permit is valid only for the owner(s) named thereon, the type of business disclosed on the application for the license, and the location for which the license is issued.

The identity of all investors, owners, officers, and employees of the applicant;

The applicant's past history and experience operating registered marijuana dispensaries, including history of license or permit denials;

A description of all products and services to be provided;

An operating plan and a site plan for the proposed facility, including building layout, lighting, and security;

A ventilation plan for the elimination of marijuana odors off premises;

A written plan for wastewater disposal accompanied by a site plan describing the treatment of wastewater so as to prevent environmental harm;

A plan for the storage and disposal of all toxic substances on the premises;

A plan for the exclusion of minors from the premises if unaccompanied by an adult;

A statement as to the amount of the projected daily average and peak electric load anticipated and certification by a qualified engineer that the premises are equipped to provide such electric loads;

A plan by a Registered Land Surveyor to show within a radius of 1,000 feet from the boundaries of the property upon which the registered marijuana dispensary is located, the proximity of the property to any school, church, licensed child care center, playground, place of worship, every other registered marijuana dispensary, every residential zone district, and other facility identified in the bylaw, or to a mixed-use development containing one or more residences;

A copy of the applicant's completed state RMD registration application in its entirety and a copy of the applicant's state RMD registration;

Proof of ownership or legal possession of the restricted area for a registered marijuana dispensary for the term of the proposed license. If the registered marijuana dispensary is not the owner of the premises of the business, the applicant shall provide, on a form approved by the Town, written authorization to the Town from the owner to enter the property for inspection of the premises.

The permitting requirement set forth in the bylaw shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or local law, including, by way of example, a retail sales and use tax license, a retail food establishment license, or any applicable zoning or building permit.

A special permit granted under the bylaw does not provide any exception, defense, or immunity from other laws. The issuance of any special permit pursuant to the bylaw does not create an exception, defense, or immunity to any person in regard to any potential criminal liability the person may have for the production, distribution, or possession of marijuana.

Compliance with the requirements of the bylaw shall not provide an exception, immunity, or defense to criminal prosecution under any applicable law, except for a violation of the bylaw.

The special permit must be renewed annually by application on a form provided by the Planning Board requiring the special permit holder to confirm the status of information provided in its original application and all renewals thereof.

The application for renewal need not be considered unless the renewal application fee of $1,500 has been paid in full.

The licensee shall apply for renewal of the medical marijuana business license at least 90 days before the expiration of the license. The licensee shall apply for renewal using forms provided by the Planning Board.

In the event there has been a change to any information provided in the immediately prior application and if there has been any change to any of the plans identified in the license application which were submitted to and approved by the Planning Board with the application or an earlier renewal, the renewal application shall include specifics of such changes or proposed changes.

The renewal application shall include a copy of the applicant's current and valid state registration, a summary report for the previous 12 months showing the amount of marijuana purchased; the amount of marijuana sold; the forms in which marijuana was sold; the police report numbers or case numbers of all police calls to the RMD and its related facilities; and, for calls resulting in a charge of a violation of any law, the charge, case number, and disposition of any of the charges.

In the event there have been allegations of violations of the bylaw or any other law on the part of the special permit holder or the person submitting a renewal application, the Planning Board may hold a hearing prior to approving the renewal application. The hearing shall be to determine whether the application complies with the bylaw and whether the operation of the business has been in compliance with law. If the Planning Board does not hold a hearing and the application and the applicant(s) does not meet the requirements of all applicable rules, regulations, bylaws, and laws, or the business has been operated in the past in violation of any applicable rules, regulations, bylaws and laws, the renewal application may be denied or issued with conditions.

To enable RTFs to benefit the people of Lynnfield.

To minimize the total number of RTF towers throughout the community.

To ensure that the benefits of RTFs outweigh potential detrimental impacts on the Town's scenic and historic assets, safety, health, environment, general welfare, values and quality of life.

To make all RTF locations available for local municipal agencies' use where feasible.

To encourage the location of personal wireless service facility (PWSF) towers on municipal, general business, commercial, or limited industrial zoned land.

To encourage owners of PWSF towers to locate them, to the extent possible, in areas where the adverse impacts on adjacent properties of the community is minimal.

To require, when technically possible, the co-location of new and existing PWSFs.

Pursuant to the purposes stated in this section, the Town will exercise its bylaw authority within the following scope:

A PWSF is exempt from the special permit requirement if it is an indoor RTF, including but not limited to Internet-connected "femtocells," distributed antenna systems, and bidirectional amplification systems.

An eligible facilities request for a modification is exempt; however, an updated site plan shall be required by the SPGA.

Antennas and directly related facilities used exclusively for communication for the purpose of federally licensed amateur radio operators shall be exempt.

First Preference Type (highest). PWSFs located on existing conforming structures, as permitted in the underlying districts. Panels, antennas and associated equipment may be approved as accessory uses. The intent of the first preference type is to allow such facilities to be located in or on structures appropriately screened and/or camouflaged pursuant to this section. When possible the facility shall be mounted inside an existing structure, modification of a structure may be permitted. For example, but not limited to, a church steeple which is 20 feet in height then rises 50 feet as a thin spiral tube (antenna) would not be considered an acceptable permitted structure; it is an attempt to skirt around the section.

Second Preference Type. The following PWSF installation types are of equal preference to one another, and collectively are subordinate to the first preference:

Third Preference typE: Antenna Tower. A PWSF which requires the construction of a new antenna tower is least on the order of preference. When nothing else meets the needs specified by the Telecommunications Act of 1996,[3] only free-standing monopoles, with associated antennas and/or panels, shall be allowed as specified below. Lattice style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed.

Waiver of Preferences. The SPGA may waive the preference orders designated for siting and types of PWSFs pursuant to other implementations upon a written finding that the siting at a location of lesser preference, or the installation of a PWSF type of lesser preference, would achieve a similar coverage result consistent with the purposes of this section.

PWSFs shall only be employed for the purpose of delivering PWS to subscriber devices or supporting public safety communications, and shall not be used for storage, office, manufacturing, repair, or other activities, unless separately permitted in the underlying district.

PWSFs which include, but are not limited to, monopoles, satellite dishes over three feet in diameter or antenna, shall only be erected or installed if in compliance with the provisions as set forth herein.

Whenever possible, PWSFs shall be located in nonresidential zoning districts and shall be suitably screened from abutting and residential neighborhoods.

Any proposed construction of a replacement PWSF facility that substantially changes the physical dimensions, such as but not limited to an extension in the height, shall be subject to a new application for a permit.

An undertaking shall be required, secured by a bond appropriate in form and amount for removal of the PWSF within six months of cessation of operation of said facility or such other activity which may be appropriate to prevent the structures from becoming a nuisance or aesthetic blight.

Written evidence including technical documentation demonstrating that there is a substantial deficiency in the applicant's provision of service to Lynnfield (a coverage gap);

Detailed information about all existing and pending PWSFs and their associated coverage maps;

Information about terrain, vegetation and land use within the proposed coverage area that results in the deficiency;

Network performance factors; and

Other information relevant to the applicant's service objectives, or as may be required by the SPGA.

Describe the capacity of the facility, the number and type of panels, antennas and/or transmitters/receivers that it can accommodate and the basis for these calculations. The applicant shall provide information concerning the foreseeable industry growth needs for the facility's use for the succeeding 10 years.

Demonstrate that no existing facility can accommodate the applicant's proposed facility. Evidence submitted to demonstrate such shall consist of the following:

Height. New antenna towers in PWSF nonresidential locations are limited to the minimum height necessary to accommodate the anticipated and future use but in no case above 100 feet in height.

Subject to the following findings, and such findings as required for issuance of a waiver pursuant to the section "PWSF Preference Installation Types - Waiver of Preferences,"[7] the SPGA may approve a PWSF antenna tower at a height up to 150 feet upon a written finding that:

Setbacks. PWSFs must satisfy the property line setbacks of the underlying district.

Height. New antenna towers in PWSF residential locations are limited to: 60 feet above ground in areas where there is no significant tree cover; or 10 feet above the average existing tree cover within a 150 foot radius; or such lesser height that the SPGA finds is appropriate for the site of the PWSF based on the purposes and standards established in this section.

Subject to the following findings, and such findings as required for issuance of a waiver pursuant to the section "PWSF Preference Installation Types - Waiver of Preferences,"[8] the SPGA may approve a PWSF antenna tower at a height of between 60 feet and 150 feet upon a finding that: the location of the antenna tower is visually remote from surrounding residential uses; and such height increase is consistent with the purposes and standards established in this section.

Setbacks. PWSFs must satisfy the property line setbacks of the underlying district.

Concealment. To the maximum extent practicable, PWSFs shall conceal equipment, cables, and antennas within architectural surfaces that are ordinary and consistent with the context of the PWSFs' Lynnfield environs, such as steeples, concealed-antenna monopoles, flagpoles, smokestacks, faux chimneys and cupolas.

Screening, Camouflage and Landscaping. Wherever possible, PWSFs shall be sited so as to minimize the visibility of such devices from adjacent property and shall be screened from abutters in residential neighborhoods. Where elements of a PWSF will be visible to residential parcels and public or private ways, PWSFs shall employ screening and/or camouflage methods that are consistent with the context of the surrounding area such as fencing, vegetation, and paint color or patterns to match underlying surfaces in order to mitigate any undesirable visual bulk and distraction. Installation of free-standing PWSFs shall minimize the removal of trees and other existing vegetation.

Scale. The visual characteristics of a PWSF shall be minimized with respect to scale, such as a dominant or looming visual experience, disproportion to the site and its surroundings, or undesirable shadowing impacts.

Color. Free-standing, wall mounted and roof-mounted devices may be required to be painted or otherwise colored or finished in a manner which aesthetically minimizes the visual bulk of the devices to the surrounding landscape or on the building or structure to which they are attached.

Signs. There shall be no advertising permitted on or in the vicinity of PWSFs. There shall only be a sign not exceeding four square feet in area at each PWSF which shall display a phone number where the person responsible for the maintenance of the PWSF may be reached on a twenty-four-hour basis.

Lighting. Night lighting of towers shall be prohibited unless required by the Federal Aviation Administration or other state or federal agencies having jurisdiction of the same. Outdoor lighting of PWSFs shall be limited to that which is necessary for security and temporary maintenance at the discretion of the SPGA.

Maintenance. The visual characteristics of a PWSF shall be maintained, repaired and replaced as necessary and as an ongoing condition of compliance to retain the characteristics approved by issuance of a special permit.

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

Prohibitions. The following are specifically prohibited:

Within 30 days of receipt, the SPGA or its designee shall review the application for consistency and completeness with respect to the application requirements in the bylaw and any applicable regulations and shall notify the applicant in writing of any deficiency in the completeness of the application.

The SPGA shall take regulatory notice of the Federal Communications Commission (FCC) presumption that the final action of the SPGA on a new antenna tower should take no more than 150 days from the date of receipt of the completed application, and that final action on a collocation or site-sharing application should take no more than 90 days from the date of receipt of the completed application except upon written extension of these timelines by mutual agreement between the SPGA and the applicant.

That the applicant or co-applicant has:

That the proposed PWSF (with conditions, if applicable):

Every permit shall be conditioned upon a requirement that the PWSF owner shall make available to a number of other telecommunications companies use of the facility equal to the number determined to be the maximum number technologically practical under the section "Colocation"[12] on commercially reasonable rates and terms, which take into consideration the cost of the facility. The proposed rates and terms shall show plainly all requisite detail fully to explain the basis of such charges and terms; in the event of disagreement between the permit holder and the proposed lessee, the matter shall be submitted for resolution to the Massachusetts Department of Energy and Telecommunications ("DTE") pursuant to 220 CMR 5.00, as amended, and any other applicable law, and compliance with the decision of the DTE shall be compliance with this provision of the bylaw.

For any condition that the SPGA establishes with reporting or monitoring requirements, including without limitation noise or radio frequency emissions, the SPGA shall seek the advice of an expert in the relevant field pursuant to the section "Consultant Review"[13] to identify the least burdensome protocol that is consistent with a legitimate public purpose identified by the SPGA.

The owner of said antenna tower, communications device, or PWSF shall remove same within 90 days of receipt of notice from the Town notifying the owner of such abandonment. If such antenna tower, communications device, or PWSF is not removed within said 90 days, the Town may cause such to be removed at the joint and several expense of the said owner and the owner of the lot on which such structure is located.

For a site with two or more users said removal is limited to the users that are considered abandoned. Additionally for these multi-user sites the height may be reduced to that required by the remaining user(s). If the permit holder for the tower ceases operation, the remaining users may be required to apply for a new special permit.