Methuen City Zoning Code

ARTICLE XI

Special Permits

§ 11.1 Purpose and intent.

It is the purpose and intent of this article to provide the designation of the board or agency which shall act on the various special permits, the general and specific regulations governing special permits and the procedures by which special permits shall be granted.

§ 11.2 Designation of special permit granting authorities.

[Amended eff. 3-6-1996 by Ord. No. 565]

Special permit granting authority. The Board of Appeals shall act as the special permit granting authority (hereinafter "SPGA") for all special permits unless otherwise designated herein or in the Table of Uses.[1]

[1]

Editor's Note: See the Table of Use Regulations, included as an attachment to this chapter.

Criteria. Special permits shall be granted by the SPGA, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any other specific factors that may be set forth in this ordinance, the determination shall include consideration of each of the following:

(1)

Social, economic or community needs which are served by the proposal;

(2)

Traffic flow and safety, including parking and loading;

(3)

Adequacy of utilities and other public services;

(4)

Neighborhood character and social structures;

(5)

Impacts on the natural environment;

(6)

Potential fiscal impact, including impact on City services, tax base and employment. Said analysis shall conform with the rules and regulations of the SPGA; and

(7)

Consistency with the most recent City of Methuen Master Plan.

Procedures and filing requirements. An application for a special permit shall be filed in accordance with the rules and regulations of the SPGA, including all required plan and filing requirements, review criteria and analysis.

Conditions. Special permits may be granted with such reasonable conditions, safeguards or limitations on time or use, including performance guarantees, as the SPGA may deem necessary to serve the purposes of this ordinance, including, but not limited to, the following: front, side or rear yards greater than the minimum required by this ordinance; screening buffers or planting strips, fences or walls; modification of the exterior appearance of the structures; limitation upon the size, number of occupants, method and time of operation for the duration of permit, or extent of facilities; regulation of number, location of driveways or other traffic features; and off-street parking or loading or other special features beyond minimums required by this ordinance. Such conditions shall be imposed in writing, and the applicant may be required to post bond or other security for compliance with said conditions in an amount satisfactory to the SPGA.

Plans. Plans shall be filed in accordance with the rules and regulations of the SPGA.

Waivers. Upon written request, the SPGA may grant waivers from the submission requirements should it find good cause for such waiver. The SPGA may also request any additional information it may need to clarify the application.

Fees. The SPGA may adopt reasonable administrative fees and technical review fees for applications for special permits. Fees for projects containing publicly assisted low- or moderate-income housing may be reduced or waived at the discretion of the SPGA.

Regulations. The SPGA may adopt rules and regulations for the administration of this article.

Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within two years following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof) with the City Clerk. Additionally, if construction or operations have not begun within six months or if construction is not continuing toward completion in as continuous or expeditious a manner as is reasonable during the initial six months, then the construction or operations shall conform to any amendment to this ordinance.

Applicability to single- and two-family structures. The provisions of this article should not apply to applications for special permits to reconstruct, extend, alter or structurally change a nonconforming single- or two-family structure. The SPGA should establish procedures governing such applications by regulation.

§ 11.3 Special permit procedures.

[Amended eff. 7-6-1993 by Ord. No. 473]

If the Zoning Board of Appeals is acting as the SPGA, the application shall be filed with the City Clerk, who shall transmit it forthwith to the Zoning Board of Appeals for action.

If any other agency allowed by the Zoning Act is acting as the SPGA, the application shall be made to that agency and the applicant shall also transmit a copy to the City Clerk.

If the rules and regulations adopted by the various SPGAs specify referral of the special permit application to other boards or agencies of the City, such boards or agencies may make recommendations to the SPGA within 35 days after they receive application of petition. Failure of a board or agency to report within 35 days shall be considered as no opposition.

No special permit shall be granted until after a duly advertised public hearing as specified in MGL c. 40A, § 11, provided the public hearing is held within 65 days of the date of application.

Special permits shall be decisions shall be made and issued in accordance with the procedures set forth in MGL c. 40A, § 9.

Upon granting or denying a special permit the SPGA shall forthwith:

(1)

File a copy of the decision with the Community Development Board and City Clerk;

(2)

Mail a certified copy of its decision to the owner, and applicant if other than the owner;

(3)

Send a notice of the decision to the parties of interest and to persons who requested a notice at the public hearing;

(4)

Within 14 days, file copies of the detailed record of its proceedings with the Office of the City Clerk; and

(5)

Specify that appeals, if any, shall be made pursuant to Section 17 of the Zoning Act[1] and shall be filed within 20 days after the date of filing of such notice with the City Clerk.

[1]

Editor's Note: See MGL c. 40A, § 17.

A special permit shall not take effect until:

(1)

The City Clerk certifies on a copy of the decision that 20 days have elapsed without filing of an appeal or that any appeal filed has been dismissed or denied.

(2)

The certified decision has been recorded at the owner's expense in the applicable Registry of Deeds, indexed in the grantor index under the name of the record owner, and noted on the owner's certificate of title. If registered property is involved, the decision shall also be filed with the Recorder of the Land Court. If a special permit has been approved by failure of the SPGA to act within the required time periods, a copy of the special permit application, along with the certification of the City Clerk of the constructive grant, must be recorded in the Registry of Deeds. No special permit takes effect until it has been so recorded. Refer to MGL c. 40A, § 11.

Site plan requirements. All site plans shall be prepared in accordance with the rules and regulations of the SPGA unless otherwise required herein.

§ 11.4 Consultative review.

In the instance where the SPGA believes that the magnitude of the proposed use or structure is such as to require special expertise, the SPGA may retain an outside individual or firm to aid it in ensuring the development's compliance with the Zoning Ordinance of the City and analyzing the impact of the development on 1) the health, safety and welfare of the public, 2) traffic congestion and pedestrian safety, 3) the public water, sewer and drainage systems, 4) municipal services, and 5) the integrity and character of the zoning district or adjoining zoning districts. The cost of such review shall be borne in full by the applicant seeking the permit.

§ 11.5 Planned unit developments.

Purposes:

(1)

To promote the more efficient use of land.

(2)

To permit the planned mixture of attached and multifamily residences and certain types of convenience commercial uses.

(3)

To meet the affordable housing needs of the City and to promote diverse and energy-efficient housing at a variety of costs.

Applicability. An application for a planned unit development special permit shall be allowed in the MA, MB, CBD, and BL Zoning Districts.

Procedural requirements.

(1)

Application. Applicants for a special permit for a planned unit development shall submit to the Community Development Board in accordance with the rules and regulations of the Board.

(2)

If the application for a special permit involves land with more than one ownership, each owner of the land included in the plan shall be a party to the application and, upon approval, subject to its provisions. An applicant for a special permit under this section, who has deeded to the City, in conjunction with a development project, abutting land for public purpose, may include said abutting land area in determining compliance with requirements for planned unit development as herein set forth, as if said abutting land was legally held in common ownership by the applicant, and incorporated within the project submission, as open space.

(3)

Procedures and considerations. The procedures for obtaining a special permit for a planned unit development are specified in § 11.3. In order to grant a special permit for a planned unit development, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled, the specific requirements of Subsection D of this section have been fulfilled and the supply of convenience commercial establishments in the immediate area is not adequate to service the proposed development.

Requirements. A planned unit development shall conform to the following requirements:

(1)

Minimum tract size. The development shall contain a minimum of 10 acres of land.

(2)

Allowable density. The development shall comply with the maximum density requirements for the zoning district in which the development will be located.

(a)

The maximum gross density of dwelling units (du) per gross acre of land for the applicable zoning district shall be as follows:

District	Maximum Gross Density of Dwelling Units
MA	2 du
MB	4 du
CBD	8 du
BL	4 du

(b)

A density bonus may be approved by the Community Development Board in accordance with § 11.11 hereof.

(3)

Allowable uses:

(a)

Detached, attached and multifamily dwelling units and up to three convenience commercial establishments per 100 dwelling units shall be allowed.

(b)

Convenience commercial establishments include but are not limited to such uses as a grocery store, drugstore, barber and/or beauty shops, self-service laundromat, etc. The Community Development Board may, for the health, safety and welfare of the public, limit the number of convenience commercial establishments to less than three convenience commercial establishments per 100 dwelling units. In any case, there shall be no more than six convenience commercial establishments per planned unit development.

(4)

Dimensional and other requirements.

(a)

The minimum dimensional controls for the zoning district in which the development will be located shall be met for each dwelling-type building being proposed for development as specified in the Table of Dimensional Regulations of § 6.4 unless stated otherwise in this section.[1] In addition to these minimum requirements, the attached and multifamily dwelling units shall comply with the requirements specified in § 11.6D(4).

[1]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

(b)

The convenience commercial establishments shall be grouped together unless waived by the Community Development Board.

(c)

The parking and loading requirements for the convenience commercial space shall be at least the minimums set forth in Article VIII for the type of use. The signage for the convenience commercial area shall comply with the signage requirements for a BN Zoning District as set forth in § 7.7.

(d)

Dimensional controls for the convenience commercial area shall be at least the minimums set forth in § 6.4 for the BN Zoning District.[2]

[2]

Editor's Note: See the Table of Dimensional Regulations, included as an attachment to this chapter.

(e)

A buffer screen of up to six feet in width and height may be required by the Community Development Board around the convenience commercial area, exclusive of driveways. (See Article II for definition of "buffer screen.")

(f)

The Community Development Board may require a buffer screen of up to 10 feet in width and six feet in height to be installed and/or maintained around the perimeter of the development by the applicant or owner of the development. (See Article II for definition of "buffer screen.")

(5)

Open space requirements.

(a)

The planned unit development shall contain a minimum of 30% of the gross area of the development as permanent open space land. "Open space land" shall be defined as all land within a development not designated for buildings, structures, parking, loading, roadway or driveway areas or privately owned lots, but may contain active or passive recreation areas, including incidental paving related thereto, e.g., tennis courts, swimming pools, etc.

(b)

A minimum of 40% of the open space land shall be usable open space land. "Usable open space land" shall be defined as open space land that has a shape, slope, location and condition that is usable and suitable as a place for active and/or passive recreation uses in the opinion of the Community Development Board. Usable open space land shall contain no wetlands as defined by the Wetland Protection Act, MGL c. 131, § 40, and DEP regulations made thereunder; and the Wetland Protection Ordinance, Chapter 12, Methuen Municipal Code. A minimum of 25% of the usable open space land shall have a grade not exceeding 6% and shall include at least one area that meets or exceeds the dimensions of 100 feet by 150 feet.

(c)

The open space land included in a planned unit development shall be set aside as common land covenanted to be maintained as permanent common land in private, cooperative and/or public ownership.

(d)

The open space land shall be owned and maintained by the applicant until such time as it is conveyed to one or more of the following entities: the City of Methuen, subject to City Council approval; a public conservation commission or a nonprofit organization, the principal purpose of which is the conservation of open space; a corporation, trust or association owned or to be owned by the owners of lots or residential units within the development; or some other legal entity as may be approved by the Community Development Board. The applicant shall specify the method of ownership in which the open space land will be held as part of the application for a special permit.

(e)

If a corporation, trust or association method of ownership of open space land is to be used, the articles of the corporation, trust or association shall be submitted to the Community Development Board prior to final approval of the special permit and shall specify that ownership thereof shall pass with the conveyances of the lots or residential units. In any case where such open space land is not conveyed to the City, a restriction enforceable by the City of Methuen shall be recorded providing that such land shall be kept in an open or natural state and not be built upon or developed for accessory uses as parking or roadway. All such open space land shall be restricted by deed from all future building. The Community Development Board shall approve said deed.

(f)

Any open space land to be deeded to the City shall contain at least 100 feet of frontage along a public way.

§ 11.6 Multifamily and attached dwelling developments.

Purposes:

(1)

To allow the more efficient use of land.

(2)

To provide a diversity of housing types at a variety of costs.

(3)

To meet the affordable housing needs of the City.

Applicability. An application for multifamily and/or attached dwellings development special permit shall be allowed in the MA, MB, CBD and BL Zoning Districts.

Procedural requirements.

(1)

Application. Applicants for a special permit for a multifamily and/or attached dwellings development shall submit to the Community Development Board in accordance with the rules and regulations of the Board.

(2)

Procedures and considerations. The procedures for obtaining a special permit for a multifamily and/or attached dwelling development are specified in § 11.3. In order to grant a special permit for a multifamily and/or attached dwelling development, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled and the specific requirements of Subsection D of this section have been fulfilled.

Requirements. A multifamily and/or attached dwellings development shall conform with the following requirements:

(1)

Minimum lot area. The minimum lot area for multifamily and attached dwellings developments shall be as follows:

(a)

MA and BL: 130,680 square feet.

(b)

MB: 43,560 square feet.

(c)

CBD: 20,000 square feet.

(2)

Allowable density. The development shall comply with the maximum density requirements for the zoning district in which the development will be located.

(a)

The maximum gross density of dwelling units (du) per gross acre of land for the applicable zoning district shall be as follows:

District	Maximum Gross Density of Dwelling Units
MA	2 du
MB	4 du
CBD	8 du
BL	4 du

(b)

A density bonus may be approved by the Community Development Board in accordance with § 11.11 hereof.

(3)

Allowable uses: detached, attached and multifamily dwellings as described in Article II hereof.

(4)

Dimensional and other requirements. The minimum dimensional controls for the zoning district in which the development will be located shall be met for each dwelling-type building being proposed for development as specified in the Table of Dimensional Regulations of § 6.4 hereof.[1] In addition to these minimum requirements, the detached, attached and multifamily dwelling units shall comply with the following specific requirements:

(a)

The development shall be subject, if applicable, to approval under the Methuen Subdivision Control Regulations.

(b)

The proposed development shall be served by both public water and sewerage systems.

(c)

Multifamily buildings. The minimum distance between multifamily dwelling buildings and/or attached dwelling buildings on the same lot, or between two facing walls forming a court, which contain dwelling units and which are not joined by a party wall shall be 40 feet.

(d)

Attached buildings. The minimum distance between attached dwelling buildings and/or multifamily dwelling buildings on the same lot shall be 40 feet. Each attached dwelling shall be a minimum of 20 feet wide, measured between party walls. Inner courts shall not be permitted in attached dwelling buildings. The maximum number of attached dwelling units per building shall be nine.

(e)

Detached buildings. The minimum distance between a detached dwelling building to another detached dwelling building shall be 20 feet. The minimum distance between detached dwelling buildings and a multifamily or attached dwelling building shall be 40 feet.

(f)

The Community Development Board may require a buffer screen of up to 10 feet in width and six feet in height to be installed and/or maintained around the perimeter of the development by the owner of the development. (See Article II for definition of "buffer screen.")

(g)

No open parking or driveway shall be closer than 12 feet to a wall containing windows to habitable rooms of a dwelling unit which is on the ground floor or basement floor.

(h)

All roadways, drainage facilities, water lines, sewer lines, utilities, grading and other site improvements shall be built in accordance with the subdivision control standards of Methuen unless waived by the Community Development Board. All roadways directly entering and serving multifamily and attached dwelling developments shall be private ways and privately maintained.

(i)

The minimum parking, loading and sign regulations shall be as specified in Articles VI, VII and VIII.

(j)

The applicant shall install street identification signs as approved by the Department of Public Works on all rights-of-way and drives within the development. Said signs shall be in place upon completion of binder paving of each respective drive.

(k)

The developer shall install streetlighting of a type approved by the Department of Public Works on all rights-of-way and drives within the development. The lighting shall be in place and in operation prior to the issuance of any occupancy permits.

(l)

The Community Development Board shall require that the construction of ways, water lines, sewer lines, streetlights and other public utilities and their appurtenant features be secured in part by one of the methods described in MGL c. 41, § 81U, clauses 1, 2, 3 and 4.

[1]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

(5)

Open space requirements.

(a)

The multifamily and attached dwellings development shall contain a minimum of 30% of the gross area of the development as permanent open space land. "Open space land" shall be defined as all land within a development not designated for buildings, structures, parking, loading, roadway or driveway areas of privately owned lots, but may contain active or passive recreation areas, including incidental paving related thereto, e.g., tennis courts, swimming pools, etc.

(b)

A minimum of 40% of the open space land shall be usable open space land. Usable open space land shall be defined as open space land that has a shape, slope, location, and condition that is usable and suitable as a place for active and/or passive recreation uses in the opinion of the Community Development Board. Usable open space land shall contain no wetlands as defined by the Wetland Protection Act, MGL c. 131, § 40, and DEP regulations made thereunder; and the Wetland Protection Ordinance, Chapter 12, Methuen Municipal Code. A minimum of 25% of the usable open space land shall have a grade not exceeding 6%. All multifamily and attached dwelling developments of 10 acres or more shall include at least one area that meets or exceeds the dimensions of 100 feet by 150 feet.

(c)

The open space land included in a multifamily and attached dwellings development shall be set aside as common land covenanted to be maintained as permanent common land in private, cooperative and/or public ownership.

(d)

(e)

If a corporation, trust or association method of ownership of open space land is to be used, the articles of the corporation, trust or association shall be submitted to the Community Development Board prior to final approval of the special permit and shall specify that ownership thereof shall pass with the conveyances of the lots or residential units. In any case where such open space land is not conveyed to the City, a restriction enforceable by the City of Methuen shall be recorded providing that such land shall be kept in an open or natural state and not be built upon or developed for accessory uses as parking or roadway. All such open space land shall be restricted by deed from all future building. Said deed shall be approved by the Community Development Board.

(f)

Any open space land to be deeded to the City shall contain at least 100 feet of frontage along a public way.

§ 11.7 Unimproved ways.

Purposes: to protect the health, safety, convenience and welfare of the public by ensuring the adequate design and construction of ways.

Applicability. An application for an unimproved way special permit shall be required for any person(s) desiring to construct, extend, widen or relocate a way that has been determined to be an unimproved way by the Community Development Board. Said special permit shall only apply to previously established lots. An "unimproved way" shall mean a way appearing on a pre-subdivision control plan, which has not been accepted as a public or private way by the City nor is a way shown on a plan subject to the Subdivision Control Law.

Procedural requirements.

(1)

Application. Applicants for a special permit for an unimproved way shall submit to the Community Development Board and shall be in conformance with the rules and regulations of the Community Development Board for special permit filings as well as described in Subsection D below.

(2)

Procedure and considerations. The procedures for obtaining a special permit for an Unimproved Way are specified in § 11.3. In order to grant a special permit for an unimproved way, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled and the specific requirements of Subsection D have been fulfilled.

Requirements.

(1)

The construction, extension, alteration, widening or relocation of a way shall conform with the following requirements:

(a)

Site plan. A site plan shall be drawn at a scale of one inch equals 40 feet and shall be stamped by a Massachusetts licensed professional engineer. Said site plan shall meet all applicable requirements of the Methuen Subdivision Control Regulations relative to the construction of roadways and sewer, water and drainage facilities. Said site plan shall include a typical roadway section as shown in the Methuen Subdivision Control Regulations.

(b)

All unimproved ways shall be upgraded to the standards as specified in the Methuen Subdivision Control Regulations along the entire length of the applicant's lot which fronts on an existing unimproved way.

(c)

No new subdivision lots shall be shown on the site plan.

(d)

Prior to the start of construction, a bond agreement including a deposit shall be executed between the Community Development Board and the applicant(s).

(e)

The Community Development Board shall retain the right to require the applicant(s) to file a definitive subdivision plan whenever the site plan shows a subdivision pursuant to Chapter 41 of the Massachusetts General Laws.

(2)

The Community Development Board may waive any of the requirements specified in Subsection D(1) for the benefit and welfare of the community.

§ 11.8 Mixed-use developments.

Purposes:

(1)

To promote a better utilization of existing buildings and properties by allowing a mixture of residential and commercial uses in the same building.

(2)

To meet the affordable housing needs of the City.

(3)

To promote diverse and energy-efficient housing at a variety of costs.

Applicability. Mixed use shall be allowed by right in the CBD Zone so long as the minimum dimensional requirements set forth in the following table are met. Otherwise, mixed use shall be allowed by special permit in the CBD Zone. In addition, mixed use shall be allowed by special permit as set forth herein in the BN, BH and BL Zoning Districts.

Procedural requirements.

(1)

Application. Applicants for a mixed-use development special permit shall submit to the Community Development Board in accordance with the rules and regulations of the Community Development Board for special permit filings. If the application for a special permit involves land with more than one ownership, each owner of the land included in the plan shall be party to the application and, upon approval, subject to its provisions.

(2)

Procedures and considerations. The procedures for obtaining a mixed-use development special permit are specified in § 11.3. In order to grant a special permit for a mixed-use development, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled, the specific requirements of Subsection D of this section have been fulfilled and the proposed uses of the building or property will not impact the health, safety or welfare of the abutters to the property or the users of the building and property.

Requirements. A mixed-use development shall comply with the following requirements:

(1)

Allowable density. The residential portion of the development shall comply with the maximum density requirements for the zoning district in which the development will be located.

(a)

The maximum gross density of dwelling units (du) per gross acre of land for the applicable zoning district shall be as follows:

District	Maximum Gross Density of Dwelling Units
CBD	8 du
BL	4 du
BH	Per Dimensional Table[1]

[1]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

(b)

A density bonus may be approved by the Community Development Board in accordance with § 11.11 hereof.

(2)

Allowable uses. All residential, retail, service and office uses as described in § 5.4 shall be allowed in a mixed-use development.[2] In cases where a use is allowed only by a special permit and the use is being sought under a mixed-use development, then the Community Development Board shall as part of the mixed-use development special permit serve as the SPGA for the use.

[2]

Editor's Note: See the Table of Use Regulations included as an attachment to this chapter.

(3)

Dimensional and other requirements.

(a)

The minimum dimensional controls for the zoning district in which the development will be located shall be as follows:

	CBD (1)	BL, BN and BH
Minimum lot area (square feet)	20,000	Per Dimensional Table[3]
Minimum frontage	80
Minimum lot width	80
Minimum yard setbacks:
Front	10
Side	10
Rear	10
Maximum number of stories	3
Maximum height	35
Maximum building coverage	50%
Minimum usable open space	0%

(1) These are by-right dimensional requirements for the CBD Zoning District; otherwise, a mixed use in the CBD requires a special permit.

[3]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

(b)

The minimum parking, loading and sign regulations shall be as specified in Articles VI, VII and VIII.

(c)

The Community Development Board shall have the right to require additional dimensional, parking, loading, signage and landscaping requirements as well as reasonable on-site and off-site infrastructure improvements as a condition for granting a mixed-use development special permit.

§ 11.9 Wind energy conversion facilities.

Purpose. The purpose of this section is to provide by special permit for the construction and operation of wind energy conversion facilities and to provide standards for the placement, design, construction, monitoring, modification and removal of wind energy conversion facilities that address public safety, minimize impacts on scenic, natural and historic resources of the City and provide adequate financial assurance for decommissioning.

Applicability.

(1)

This section applies to all utility-scale and on-site wind energy conversion facilities proposed to be constructed after the effective date of this section. All wind energy conversion facilities shall be used as an accessory use and not a primary use on a site. There shall be no utility-scale wind energy conversion facilities.

(2)

Any physical modifications to existing wind energy conversion facilities that materially alter the type or increase the size of such facilities or other equipment shall require a special permit.

Definitions. As used in this section, the following terms shall have the meanings indicated:

HEIGHT

The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point, or blade-tip height.

ON-SITE WIND FACILITY

A wind project which is located at a commercial, industrial, agricultural, institutional, public or residential facility that will consume more than 50% of the electricity generated by the project on-site.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment.

SPECIAL PERMIT GRANTING AUTHORITY

The special permit granting authority shall be the Community Development Board.

SUBSTANTIAL EVIDENCE

Such evidence as a reasonable mind might accept as adequate to support a conclusion.

UTILITY-SCALE WIND FACILITY

A commercial wind facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.

WIND ENERGY CONVERSION FACILITY

All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads and one or more wind turbines.

WIND-MONITORING OR METEOROLOGICAL TOWER

A temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.

WIND TURBINE

A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body and a rotor with two or more blades.

General requirements.

(1)

Special permit granting authority.

(a)

No wind facility shall be erected, constructed, installed or modified as provided in this section without first obtaining a permit from the SPGA. The construction of a wind facility shall be permitted only in those zoning districts as set forth on the Table of Uses,[1] subject to the issuance of a special permit and provided that the use complies with all requirements set forth in the following Subsection D(2), (3), (4), (5) and (6). All such wind energy facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety and environmental impacts. No special permit shall be granted unless, in addition to the general special permit criteria set forth in § 11.2B, the SPGA finds in writing that:

[1]

The specific site is an appropriate location for such use;

[2]

The use is not expected to adversely affect the neighborhood;

[3]

There is not expected to be any serious hazard to pedestrians or vehicles from the use;

[4]

No nuisance is expected to be created by the use; and

[5]

Adequate and appropriate facilities will be provided for the proper operation of the use.

[1]

Editor's Note: See the Table of Use Regulations included as an attachment to this chapter.

(b)

Such permits may also impose reasonable conditions, safeguards and limitations on time and use and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the wind facility, should they occur. Wind monitoring or meteorological towers shall be permitted temporarily in all zoning districts subject to issuance of a building permit for a temporary structure and subject to reasonable regulations concerning the bulk and height of structures and determining yard size, lot area, setbacks, open space, parking and building coverage requirements.

(2)

Compliance with laws, ordinances and regulations. The construction and operation of all such proposed wind energy conversion facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements.

(3)

Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance in an amount and for duration sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility, including without limitation coverage for adjacent properties. Additionally, in residential areas, the applicant shall be required to obtain an easement from all parcels within the fall area.

(4)

Site control. At the time of its application for a special permit, the applicant shall submit documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Documentation shall also include proof of control over setback areas and access roads, if required. "Control" shall mean the legal authority to prevent the use or construction of any structure for human habitation within the setback areas.

General siting standards.

(1)

Height. Wind energy conversion facilities shall be no higher than 400 feet above the current grade of the land, provided that wind energy conversion facilities may exceed 400 feet if:

(a)

The applicant demonstrates by substantial evidence that such height reflects industry standards for a similarly sited wind facility;

(b)

Such excess height is necessary to prevent financial hardship to the applicant, and

(c)

The facility satisfies all other criteria for the granting of a special permit under the provisions of this section.

(2)

Setbacks.

(a)

Each wind energy conversion facility and its associated equipment shall comply with the minimum setback provisions of the zoning district in which the facility is located; and

(b)

The minimum distance from the base of any wind turbine tower to the nearest building on the lot, or on contiguous commonly owned lots, shall be 50 feet; the minimum distance from a public or private way shall be 100 feet; and the minimum distance from property lines shared with abutting properties shall be 150 feet; and in no case shall be less than the length of an individual rotor blade measured from the hub of the wind turbine, whichever is greater.

(c)

The special permit granting authority may reduce the minimum setback distance as appropriate based on site-specific considerations, if the project satisfies all other criteria for the granting of a special permit under the provisions of this section ("setback waiver"). In any event, the distance from the nearest property line shall not be less than the length of the rotor blade measure from the hub.

Design standards.

(1)

Color and finish. The special permit granting authority shall have discretion over the turbine color, although a neutral, nonreflective exterior color designed to blend with the surrounding environment is encouraged.

(2)

Lighting and signage.

(a)

Lighting. Wind turbines shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the wind facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.

(b)

Signage. Signs on the wind facility shall comply with the requirements of the town's sign regulations, and shall be limited to:

[1]

Those necessary to identify the owner, provide a twenty-four-hour emergency contact phone number and warn of any danger.

[2]

Educational signs providing information about the facility and the benefits of renewable energy.

(c)

Advertising. Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.

(d)

Utility connections. Reasonable efforts shall be made to locate utility connections from the wind facility underground, depending on appropriate soil conditions, shape and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

(e)

Appurtenant structures. All appurtenant structures to such wind energy conversion facilities shall be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers and substations, shall be architecturally compatible with each other and shall be contained within the turbine tower whenever technically and economically feasible. Structures shall only be used for housing of equipment for this particular site. Whenever reasonable, structures should be shaded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts.

(f)

Support towers. Only monopole tower style wind energy conversion facilities shall be allowed.

Safety, aesthetic and environmental standards.

(1)

Emergency services and unauthorized access.

(a)

The applicant shall provide a copy of the project summary and site plan to the local emergency services entity, as designated by the special permit granting authority. Upon request, the applicant shall cooperate with local emergency services in developing an emergency response plan.

(b)

Wind turbines or other structures part of a wind facility shall be designed to prevent unauthorized access.

(2)

Shadow/Flicker. Wind energy conversion facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses through either siting or mitigation.

(3)

Noise.

(a)

The wind facility and associated equipment shall conform with the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10), unless the Department and the special permit granting authority agree that those provisions shall not be applicable. A source of sound will be considered to be violating these regulations if the source:

[1]

Increases the broadband sound level by more than 10 dB(A) above ambient; or

[2]

Produces a "pure tone" condition, when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by three decibels or more.

(b)

These criteria are measured both at the property line and at the nearest inhabited residence. "Ambient" is defined as the background A-weighted sound level that is exceeded 90% of the time measured during equipment hours. The ambient may also be established by other means with consent from DEP. An analysis prepared by a qualified engineer shall be presented to demonstrate compliance with these noise standards. The special permit granting authority, in consultation with the Department, shall determine whether such violations shall be measured at the property line or at the nearest inhabited residence.

(4)

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and is otherwise prescribed by applicable laws, regulations and ordinances.

Monitoring and maintenance.

(1)

Facility conditions. The applicant shall maintain the wind facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The project owner shall be responsible for the cost of maintaining the wind facility and any access road, unless accepted as a public way, and the cost of repairing any damage occurring as a result of operation and construction.

(2)

Modifications. All material modifications to a wind facility made after issuance of the special permit shall require approval by the SPGA as provided in this section.

Abandonment and decommissioning.

(1)

Removal requirements. Any wind facility which has reached the end of its useful life or has been abandoned shall be removed. When the wind facility is scheduled to be decommissioned, the applicant shall notify the town by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the wind facility no more than 150 days after the date of discontinued operations. At the time of removal, the wind facility site shall be restored to the state it was in before the facility was constructed or any other legally authorized use. More specifically, decommissioning shall consist of:

(a)

Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.

(b)

Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations.

(c)

Stabilization or revegetation of the site as necessary to minimize erosion. The special permit granting authority may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

(2)

Abandonment. Absent notice of a proposed date of decommissioning, the facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the special permit granting authority. The special permit granting authority shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the applicant fails to remove the wind facility in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the town shall have the authority to enter the property and physically remove the facility.

(3)

Financial surety. The special permit granting authority may require the applicant for utility-scale wind energy conversion facilities to provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the City must remove the facility, of an amount and form determined to be reasonable by the special permit granting 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 applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for cost-of-living adjustment.

Term of special permit.

(1)

A special permit issued for a wind facility shall be valid for 25 years, unless extended or renewed. The time period may be extended or the permit renewed by the special permit granting authority upon satisfactory operation of the facility. Request for renewal must be submitted at least 180 days prior to expiration of the special permit. Submitting a renewal request shall allow for continued operation of the facility until the special permit granting authority acts. At the end of that period (including extensions and renewals), the wind facility shall be removed as required by this section.

(2)

The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

Application process and requirements.

(1)

Application procedures.

(a)

General. The application for a wind facility shall be filed in accordance with the rules and regulations of the SPGA concerning special permits.

(b)

Application. Each application for a special permit shall be filed by the applicant with the City Clerk pursuant to MGL c. 40A, § 9.

(2)

Required documents.

(a)

General. The applicant shall file the application in accordance with the rules and regulations of the special permit granting authority. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. Included in the application shall be:

[1]

Name, address, phone number and signature of the applicant, as well as all co-applicants or property owners, if any.

[2]

The name, contact information and signature of any agents representing the applicant.

[3]

Documentation of the legal right to use the wind facility site, including the requirements set forth in Subsection K(3)(b)[1] of this section.

(3)

Siting and design. The applicant shall provide the SPGA with a description of the property which shall include:

(a)

Location map. Copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000, showing the proposed facility site, including turbine sites, and the area within at least two miles from the facility. Zoning district designation for the subject parcel should be included; however, a copy of a Zoning Map with the parcel identified is suitable.

(b)

Site plan. A one inch equals 200 feet plan of the proposed wind facility site, with contour intervals of no more than 10 feet, showing the following:

[1]

Property lines for the site parcel and adjacent parcels within 300 feet.

[2]

Outline of all existing buildings, including purpose (e.g., residence, garage, etc.), on site parcel and all adjacent parcels within 500 feet. Include distances from the wind facility to each building shown.

[3]

Location of all roads, public and private, on the site parcel and adjacent parcels within 300 feet, and proposed roads or driveways, either temporary or permanent.

[4]

Existing areas of tree cover, including average height of trees, on the site parcel and adjacent parcels within 300 feet.

[5]

Proposed location and design of wind facility, including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access, fencing, exterior lighting, etc.

[6]

Location of viewpoints referenced below in Subsection K(3)(c) of this section.

(c)

Visualizations. The SPGA shall select between three and six sight lines, including from the nearest building with a view of the wind facility, for pre- and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a two-mile radius of the wind facility. View representations shall have the following characteristics:

[1]

View representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the wind facility (e.g., superimpositions of the wind facility onto photographs of existing views).

[2]

All view representations will include existing, or proposed, buildings or tree coverage.

[3]

Include description of the technical procedures followed in producing the visualization (distances, angles, lens, etc.).

(d)

Elevations. Siting elevations or views at grade from the north, south, east and west for a fifty-foot radius around the proposed wind energy conversion facility. Elevations shall be at one-quarter-inch equals one foot horizontal scale and one-eighths-inch equals one foot vertical scale and show the following:

[1]

Wind energy conversion facility and, if applicable, security barrier and associated equipment, with total elevation dimensions of all parts of facilities.

[2]

Security barrier. If the security barrier will block views of the wind energy conversion facility, the barrier drawing shall be cut away to show the view behind the barrier.

[3]

Any and all structures on the subject property.

[4]

Existing trees at current height and proposed trees at proposed height at time of installation, with approximate elevation dimensions.

[5]

Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.

(e)

Landscape plan. A plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting, other than FAA lights, screening vegetation or structures. Lighting shall be designed to minimize glare on abutting properties and, except as required by the FAA, be directed downward with full-cut-off fixtures to reduce light pollution.

(f)

Operation and maintenance plan. The applicant shall submit a plan for maintenance of access roads and stormwater controls, as well as general procedures for operational maintenance of the wind facility.

(g)

Compliance documents. If required under previous sections of this section, the applicant will provide with the application:

[1]

A description of financial surety that satisfies Subsection I(3) of this section;

[2]

Proof of liability insurance that satisfies Subsection D(3) of this section;

[3]

Certification of height approval from the FAA;

[4]

A statement that satisfies Subsection G(3), listing existing and maximum projected noise levels from the wind facility.

(h)

Balloon or crane test. Within 30 days of submission of an application for special permit, the applicant shall arrange for a balloon or crane test at the proposed site, or alternate means approved by the SPGA, to illustrate the height of the proposed facility. The date, time (an alternate time and date if needed due to weather) and location of such test shall be advertised in a newspaper of general circulation at least 14 days but not more than 21 days prior to the test. The applicant shall bear the expense of the advertisement. In addition, notice of said test shall be provided to the City, abutters and abutters to abutters within 300 feet as certified by the Assessor's Office, with proof of notification.

(i)

Independent consultants. Upon submission of an application for a special permit, the special permit granting authority will be authorized to hire outside consultants, pursuant to MGL c. 44, § 53G.

(j)

Use by telecommunications carriers. Wind energy conversion facilities may be used to locate telecommunications antennas; such use shall be subject to applicable regulations governing such uses, and subject to the provisions of the ordinance governing personal wireless service facilities.

§ 11.10 Adult entertainment facilities.

[Added eff. 3-6-1996 by Ord. No. 565]

Purpose:

(1)

To protect the health, safety and welfare of the public.

(2)

To ensure the proper location of adult entertainment facilities in relation to residential areas and liquor establishments.

(3)

To minimize the impact to residential properties.

Applicability. An application for an adult entertainment facility special permit shall be allowed in the BH and IL Zoning Districts. An adult entertainment facility special permit shall be required for adult bookstores, adult entertainment establishments and adult motion-picture theaters as defined in Article II herein.

Procedural requirements.

(1)

Application. Applicants for an adult entertainment facility special permit shall submit to the Community Development Board an original and 11 copies of an application and a site plan (12 copies) as described in § 11.3. If the application for a special permit involves land with more than one ownership, each owner of the land included in the plan shall be a party to the application and, upon approval, subject to its provisions.

(2)

Procedures and considerations. The procedures for obtaining an adult entertainment facility special permit are specified in § 11.3. In order to grant an adult entertainment facility special permit, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled and that the specific requirements of Subsection D of this section have been fulfilled.

Requirements.

(1)

There shall be no more than one adult bookstore permit granted per 20,000 residents of the municipality, nor more than one adult motion-picture permit granted per 30,000 residents of the municipality, nor more than one adult entertainment establishment special permit granted per 30,000 residents of the municipality. The per-capita number of residents shall be established as listed in the latest census data.

(2)

No adult bookstore, adult motion-picture theater or adult entertainment establishment shall be allowed to display for advertisement or other purpose any signs, placards or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any sexually explicit figures or words as defined in MGL c. 272, § 31.

(3)

No special permit shall be granted for an adult bookstore, adult motion-picture theater or adult entertainment establishment in an area otherwise properly zoned if the specific location is within one-quarter mile of the following zoning districts: RR, RA, RB, RC, RD, RG, MA and MB.

(4)

No adult bookstore, adult motion-picture theater or adult entertainment establishment special permit shall be granted if such proposed location is within one-quarter mile of another presently existing or permitted adult bookstore, adult motion-picture theater or adult entertainment establishment.

(5)

No special permit for an adult motion-picture theater shall be granted unless the applicant establishes and maintains a buffer screen (as defined in Article II herein). Said buffer screen shall be designed in such a fashion as to preclude motorists and pedestrians on a public or private way from observing the screen on which such movies are shown.

(6)

No adult bookstore, adult motion-picture theater or adult entertainment establishment special permit shall be granted if such proposed location is within one-half mile of an establishment licensed under Chapter 138 of the Massachusetts General Laws.

§ 11.11 Affordable housing density bonuses.

[Amended eff. 7-29-2006 by Ord. No. 803]

Purpose: to encourage the inclusion of affordable housing in all new multifamily, attached dwelling, planned unit and mixed-use developments.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AFFORDABLE HOUSING

Housing that is affordable to and occupied by eligible households. Affordable housing units created through the affordable housing density bonus special permit approval meeting the standards set out in 760 CMR 45.03 shall be included on the Subsidized Housing Inventory, subject to the approval of the Massachusetts Department of Housing and Community Development (DHCD).

ELIGIBLE HOUSEHOLD

A household with combined incomes that do not exceed 80% of the median income for the Lawrence-NH Statistical Metropolitan Statistical Area (SMSA), with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD), or successor, and/or the Massachusetts Department of Housing and Community Development (DHCD), or successor.

Applicability. An application for an affordable housing density bonus special permit shall be allowed for multifamily, attached dwelling, planned unit and mixed-use developments. This section shall not apply to standard single-family subdivisions.

Procedural requirements.

(1)

Application. Applicants for an affordable housing density bonus shall submit to the Community Development Board those submissions required by the Community Development Board under its special permit rules and regulations. The application for an affordable housing density bonus shall be submitted in conjunction with applicable multifamily, attached dwelling, planned unit or mixed-use special permit application.

(2)

Procedures and considerations. The procedures for obtaining an affordable housing density bonus special permit are specified in § 11.3. In order to grant an affordable housing density bonus special permit, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled and that the specific requirements of Subsection E of this section have been fulfilled.

Affordable housing requirements.

(1)

At least 10% of the total dwelling units in a multifamily or attached dwelling development shall be designated as affordable housing. The total dwelling units in a development shall include all additional dwelling units that may be granted by the Community Development Board through the affordable housing density bonus special permit.

(2)

The following income classifications shall be used when describing low and moderate income levels: low and moderate income: 50% to 80% of SMSA median income.

(3)

"Affordable units" shall be defined as those units which may be purchased or rented by eligible households meeting the guidelines for maximum annual income as defined in this Subsection E, and whose expenditure for housing costs does not exceed 30% of their gross annual income in the previous calendar year. Housing costs shall be defined as follows: 1) for owners, payments for principal and interest on a mortgage, real estate taxes, homeowners insurance and condominium fees, if any; or 2) for renters, rent including heat, if provided, but not utilities. However, any housing unit that conforms to the definition of low- and moderate-income housing as stated in 760 CMR 30.02, as may be amended.

(4)

The Community Development Board shall have the right to determine the number and maximum sale price of the affordable units that will be offered to low- and moderate-income eligible households.

(5)

The Community Development Board shall have the right to grant the following density bonuses on special permit residential developments that provide at least 10% of the total number of units in the development as affordable housing as defined herein:

Special Permit	Percent Density Bonus
Multifamily	Up to 100%
Attached dwelling	Up to 100%
Planned unit development	Up to 100%
Mixed-use development	Up to 100%

(6)

The special permit residential development shall comply with the maximum density requirements, exclusive of all density bonuses, of the zoning district in which the development will be located. The maximum gross density of dwelling units per gross acre of land inclusive of all density bonuses shall be as follows for the applicable zoning district:

Zoning District	Current Allowable Density (units/acre)	Maximum Density Bonus (units/acre)	Maximum Allowable Density (units/acre)
MA	2	2	4
MB	4	4	8
CBD	8	8	16
BL	4	4	8

(7)

No special permit shall provide for the increase or doubling of the number of housing units permitted under the maximum allowable density specified above.

(8)

The affordable housing units included in the special permit residential development that are offered for sale (condominiums) shall include resale controls that will ensure the continued affordability of those units by low- and moderate-income eligible households. This may be accomplished by limiting the future sale price of a unit through deed restrictions or any other devices as may be approved by the Community Development Board. The applicant shall submit as part of the application for an affordable housing density bonus special permit the resale controls for the affordable housing units.

(9)

Affordable housing units created under this section shall remain affordable in perpetuity or for as long a period as is dictated by 760 CMR 43.03. All such restrictive documents shall be enforceable and renewable by the City pursuant to applicable law.

(10)

Selection of eligible tenants and homeowners. There shall be a fair and reasonable procedure in compliance with fair housing laws for the selection of tenants for affordable rental units and for the selection of homeowners for affordable homeownership units. The City of Methuen may contract with a quasi-public, public or private entity, experienced in affordable housing operation, for provision of tenant and homeowner selection services but shall be required to monitor the performance of any private entity providing such services and shall retain final responsibility for ensuring compliance.

(11)

Income and asset limits. For tenants and purchasers, household income shall not exceed 80% of area median income based on household size as determined by HUD. Tenants and purchasers shall also be required to demonstrate that total household assets other than income are not so high that a household has no substantial need of a rental unit with a reduced rent or of an ownership unit with a reduced purchase price.

(12)

Occupancy. The deed covenants for affordable housing units shall require, whether the unit initially is sold or rented, that the occupant of that unit must be an income-qualified person as defined in this section. This provision shall not prohibit a unit initially designated as owner-occupied from being leased, so long as it is a lease qualifying under the provisions hereunder and the occupant is an income-qualifying person.

(13)

The Community Development Board may require that in lieu of all or some of the affordable units being provided within the development, the applicant shall:

(a)

Make a cash payment to an Affordable Housing Fund to be used by the City for the sole purpose of developing affordable housing. The amount of said payment shall be determined by the Community Development Board using accepted valuation methods and shall be at least the equivalent in value to the affordable units which would have been provided within the development.

(b)

Provide some or all of the affordable units on land other than the development tract in which a special permit is being sought only if the affordable units are newly created. The affordable units may be located in an existing structure, provided their construction constitutes a net increase in the number of dwelling units in the structure.

(c)

Provide all or some of the required affordable housing through a combination of any or all of the methods in this subsection.

(14)

If the Community Development Board allows the provision of some or all of the affordable housing on land other than the development tract, the Community Development Board shall first find that such alternative site will not create undue concentration of low- and moderate-income households and will avoid undue hardship to neighboring land and buildings.

Enforcement.

(1)

Transfer of affordable housing unit. The restrictions governing an affordable housing unit shall be enforced upon resale, rerental or renewal of lease of the affordable housing unit. For owner-occupied units, the use restriction shall ensure that units may only be resold to income-qualified buyers consistent with the then-applicable income limits established by the United States Department of Housing and Urban Development (HUD), or successor, and/or the Massachusetts Department of Housing and Community Development (DHCD), or successor.

(2)

All restrictions remain in effect. Nothing in this section shall be construed to permit any deed restriction, covenant, agreement or other mechanism restricting such items as the use and occupancy, rent level and resale price of affordable housing units, and the enforcement thereof, to expire prior to any maximum limitations set forth by applicable state law. It is intended that the restrictions required herein shall survive, to the limit allowed by law, including, but not limited to, bankruptcy and foreclosure.

(3)

Timing of commitments. All contractual agreements required hereunder and any documents necessary to ensure compliance with this section shall be approved as to content by the Community Development Board and City Solicitor prior to the issuance of any occupancy permit for newly constructed, rehabilitated or rental units.

(4)

Approval of form and content of legal documents. The project applicant shall prepare all deeds and legal instruments required, and such documents shall be in a form satisfactory to the City Solicitor.

(5)

Timing of provision of affordable housing units. As a condition of the issuance of a special permit under this section, the Community Development Board shall establish a time schedule for the provision of the affordable housing units or payment in relation to the market-rate dwelling units.

(6)

Recording of restrictions. The special permit decision and all restrictive covenants required thereunder shall be recorded, as applicable, at the Registry of Deeds or Registry District of the Land Court prior to the endorsement of any subdivision plan for the development and before the issuance of any building permit for the development.

§ 11.12 Parking in Central Business District.

Purpose: to provide relief from the requirements for off-street parking listed in Article VIII when the enforcement of these requirements proves to be infeasible.

Applicability. An application for parking in the CBD special permit shall be allowed only in the CBD Zoning District.

Procedural requirements.]

(1)

Application. Applicants for parking in the CBD special permit shall submit to the Community Development Board an original and 11 copies of an application and a site plan (12 copies) as described in § 11.3.

(2)

Procedures and considerations. The procedures for obtaining a special permit for parking in the Central Business District are specified in § 11.3. In order to grant a special permit for parking in the Central Business District, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled and the specific requirements of Subsection D of this section have been fulfilled.

Requirements. Parking in the CBD special permit shall comply with the following requirements:

(1)

The Community Development Board may reduce the number of required parking spaces for the business-use portion of the building, pro-rated per square foot of business use only by 50%. One parking space per residential unit shall be provided.

(2)

All reductions in parking spaces shall be supported by evidence of nonfeasibility due to the lack of suitable land, design considerations or other similar factors.

§ 11.13 Business complexes and shopping centers.

Purposes:

(1)

To protect the health, safety and welfare of the public.

(2)

To allow the development of one or more buildings containing more than one type of allowed or allowable business use on a single lot.

(3)

To allow a combination of two or more retail and/or service commercial establishments on a single lot which rely on and are developed with mutual and coordinated parking facilities, pedestrian walkways, landscaping and loading facilities.

Applicability.

(1)

An application for a business complex special permit shall be allowed in the BH, CBD, BL and IL Zoning Districts. A business complex special permit shall be required when one or more buildings in excess of 50,000 square feet of building floor space and containing more than one type of business use are developed on a single lot.

(2)

An application for a shopping center special permit shall be allowed in a BH Zoning District. A shopping center special permit shall be required when a grouping of retail business and/or service uses, allowed by right or by special permit, on a single site with common parking facilities is planned, constructed and managed as a total entity.

Procedural requirements.

(1)

Application. Applicants for a business complex or shopping center special permit shall submit to the Community Development Board an application in a form and matter as set forth in the rules and regulations of the Community Development Board.

(2)

Procedures and considerations. The procedures for obtaining a business complex or shopping center special permit are specified in Article XI. In order to grant a business complex or shopping center special permit, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled and the specific requirements of Subsection D of this section have been fulfilled.

Requirements.

(1)

The business complex or shopping center shall comply with the minimum dimensional controls, as specified in the Table of Dimensional Regulations of § 6.4 hereof, for the zoning district in which the development will be located.[1]

[1]

Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.

(2)

The business complex or shopping center shall comply with the minimum parking, loading and sign regulations as specified in Articles VI, VII and VIII.

(3)

The Community Development Board may require a buffer screen of up to 10 feet in width and six feet in height to be installed and/or maintained around the perimeter of the development by the owner of the development. (See Article II for definition of "buffer screen.")

§ 11.14 Residential golf course developments.

[Added eff. 5-22-2003 by Ord. No. 752; amended eff. 3-24-2005 by Ord. No. 785; eff. 5-19-2005 by Ord. No. 786]

Purpose. The intent of this section is to provide for the development of residential dwellings in conjunction with a golf course on a tract of land which is in total at least 150 acres, and which may not meet the zoning requirements of an RR District. It is the intent of this section to provide for a unique type of living and to encourage:

(1)

The general purpose of the comprehensive zoning ordinance;

(2)

The preservation of open space;

(3)

A more creative approach to land development;

(4)

Land use development which is harmonious with the environment and which preserves natural resources and scenic qualities;

(5)

Diversity and variety in the development pattern of the community;

(6)

Better design and land planning, ensuring that the installation, construction and maintenance of public facilities is done in an economic and efficient manner; and

(7)

Positive long-term development of real property value.

Applicability.

(1)

An application for a residential golf course development shall be a special permit in the RR District. The Community Development Board, acting as the special permit granting authority (SPGA), may grant a special permit for the utilization of a tract of land as a residential golf course development (RGCD).

(2)

An RGCD is a tract of land which is developed as a planned golf course and residential development and which is not subject to § 6.4, Table of Dimensional Regulations, but which is governed instead by the requirements of this section. The residential portion of the development is to be governed by MGL c. 41, §§ 81K through 81GG, commonly known as the "Subdivision Control Law."

Procedural requirements.

(1)

Application. The applicant shall submit to the Community Development Board an application in accordance with the rules and regulations of the Community Development Board, an original and 12 copies of the application and site plan.

(2)

Procedures and considerations.

(a)

The applicant shall comply with the submission procedures for filing a Form C application under the Subdivision Control Law and submit the application for subdivision approval to the Community Development Board for its approval, along with a copy of the proposed or previously approved RGCD site development plan. The applicant is encouraged, but not required, to file for both the subdivision approval and RGCD special permit simultaneously.

(b)

In order to grant a special permit for a residential golf course development, the SPGA must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled.

Requirements. An RGCD shall comply with the following requirements:

(1)

Minimum parcel size. The RGCD shall be located upon a parcel of land having a minimum 150 acres of contiguous land, owned separately or combined in an RR District;

(2)

Allowable density. The total number of residential units in the RGCD shall be no greater than 0.51 unit per gross acreage of the project site.

[Amended eff. 11-10-2011 by Ord. No. 854]

(3)

Allowable uses. Permitted uses allowed in the residential golf course development shall consist of the following:

(a)

Residential units consisting of detached single-family houses and attached multifamily dwellings. Units shall be located on individual lots, on one lot or in any combination thereof. Any new lot shall have frontage on a new private road right-of-way in accordance with the requirements of this section, and all lots shall be subject to a homeowners' association(s) as appropriate;

(b)

Eighteen-hole golf course with a minimum length of 6,000 yards, which may include easements;

(c)

Incidental uses which may be part of operating a premier golf course, which include the following but are not limited:

[1]

Clubhouse;

[2]

Restaurant within the clubhouse;

[3]

Function hall within the clubhouse;

[4]

Putting and/or practice green;

[5]

Driving range;

[6]

Tennis courts;

[7]

Swimming pools;

[8]

Pro shop;

[9]

Lounge;

[10]

Maintenance structures;

[11]

Other uses that the SPGA may approve and which are customarily incidental to operating a golf course.

(d)

Existing public golf courses that apply for and receive an RGCD special permit must remain as a public golf course in perpetuity, or 99 years, whichever is greater.

(4)

Dimensional requirements. The requirements of Article VI of the Comprehensive Zoning Ordinance shall prevail except as hereafter provided.

(a)

The following minimum dimensional requirements shall be met for all lots pursuant to this section:

	RGCD
Minimum lot area	10,000
Minimum frontage	75
Minimum lot width	75
Minimum yard setbacks:
Front	20
Side	10
Rear	20
Maximum height	3 stories for residential 3.5 stories for clubhouse
Maximum building coverage	50%
Maximum dwelling units per building	9
Maximum width of dwelling unit (feet)	20
Maximum separation between buildings (feet)	20

(5)

Other requirements.

(a)

There shall be public water and sewer available for both the golf course buildings and the residential portion of the development. In the event that these utilities are not currently available, the applicant shall construct the utilities, at no expense to the City of Methuen. Irrigation for the golf course may be from private wells or surface water reservoirs.

(b)

All roads and drives shall be maintained as private, and under the control of an association of homeowners and/or golf course owner. The private roads may be established by association documentation and deeds, and/or by defined private rights-of-way on the subdivision plan.

(c)

The special permit shall contain the following mandatory conditions, with respect to the golf course and nonresidential uses:

[1]

Prior to the issuance of the first occupancy permit for a residential unit, all land dedicated to the golf course shall be:

[a]

Deed-restricted to use as a golf course or conservation uses if the golf course ceases to operate for a period of more than four years.

[b]

Deed-restricted so that no structure shall be erected thereon except as incidental to the uses identified in this section.

[2]

When any residential units are sold or conveyed, the deed must state that they are subject to the conditions of the special permit, and a copy of the special permit recorded in the North Essex Registry of Deeds and referenced in any and all deeds.

[3]

The RGCD main entrance shall have a no-cut natural buffer, except for the project roadway/driveway and stone walls or fences, of at least 100 feet in depth for the full frontage on the public roadway, except that fairways, greens, tee boxes and cart paths shall have a minimum buffer of at least 50 feet in depth from the public roadway.

[4]

The location of the clubhouse must be at least 500 feet from the primary public way serving the RGCD, unless reduced by the SPGA. Internal roadways created by the project site plan shall not be considered as the initial public way.

[5]

The applicant shall secure its obligation to complete the eighteen-hole golf course by the following:

[a]

Entering into an agreement with the City that no more than 1/2 of the units shall be issued building permits nor more than 50% of those shall receive occupancy permits prior to substantial completion of the golf course. No building permits shall be issued for the remaining 50% of the residential development until such time as the golf course is either substantially completed or bonded as provided for in Subsection D(5)(c)[5][b].

[b]

The posting of a bond, or the execution of a tri-parte agreement, both of which shall be reduced as the work is completed so that the amount secured shall be equal to the cost of completing the remaining golf course construction work, exclusive of bonds issued to departments or other boards such as the Conservation Commission. In the event of the use of a tri-parte agreement, the same shall be in the form acceptable to the SPGA.

[6]

No occupancy permits shall be issued for the accessory uses until completion of 75% of the golf course.

[7]

The applicant shall secure the completion of the ways and utilities separately, in accordance with MGL c. 41, § 81U and the Methuen Rules and Regulations Governing the Subdivision of Land, except for waivers issued by the SPGA incorporated into the RGCD special permit plan.

[8]

The requirements of the Comprehensive Zoning Ordinance shall prevail except as hereafter provided. The applicant shall be subject to design controls and standards as follow:

[a]

Clubhouse design.

[i]

The clubhouse shall have a total floor area of at least 3,000 square feet. The clubhouse shall be no more than three stories in height. The buildings shall have no more than 30% of the total square footage on the second floor. Roof dormers with both shed and gabled elevations or similar feature should be used to break down any large continuous expanses of roof surface. The clubhouse shall be constructed with traditional New England building materials in brick, cedar shingles or wood clapboard. Architectural-grade vinyl siding may be accepted as an alternative. Varied exterior details including columns, roof soffits and trim details are encouraged. Final approval of the clubhouse design shall be approved by the SPGA.

[ii]

No plate-glass windows shall be allowed unless approved by the SPGA. All windows shall have "true" mullions/grilles. Structures shall exhibit historic or period-style architecture, and appropriate materials shall be used to maintain the integrity of the style. Exterior colors must be approved by the SPGA.

[iii]

The SPGA may approve a structure in excess of the maximum square footage, if the building footprint and exterior elevations are designed to minimize and break down the overall visual mass of the structure.

[b]

The maintenance structure must be constructed of similar materials as the clubhouse. A waiver of design and materials may be granted if the structure is at least 500 feet from adjacent residential dwelling lots and improved public ways, and containing adequate visual buffers. Pump stations and other maintenance structures shall be buffered from residential structures with landscaping.

[c]

All cart paths must be paved with a minimum of bituminous concrete, lynpak, paving brick, block, grasscrete or concrete.

[d]

Signage.

[i]

The submittal of a sign plan shall be included in the application. The SPGA shall approve the sign plan as part of the special permit. The design and review of the sign plan shall consider type of material, size, height and lighting. Signage shall consist of carved wooden signs or approved facsimiles.

[ii]

The maximum sign height shall be 10 feet above the roadway and 15 square feet per side (two-side maximum). No internally lit, halo lit or neon signs shall be permitted. Sign colors shall be appropriate to the structure and be preapproved by the SPGA. Window lettering is not acceptable. Traffic controls should be consistent with the Manual of Uniform Traffic Control Devices. The applicant shall provide street identification signs as approved by the Department of Public Works on all rights-of-way and drives within the development. Said signs shall be in place upon completion of binder paving of each respective drive.

[e]

Parking.

[i]

Parking lots greater than 50 spaces shall contain one raised landscaped island per 60 spaces. The islands shall be at least eight feet in width and contain trees and plantings. The islands should be designed to separate the parking spaces and create driving lanes that separate parking lanes. The landscape islands shall be protected from snow removal and unauthorized parked vehicles. Parking spaces shall not be less than nine feet by 18 feet in size. A minimum of one tree per 10 spaces is required to be planted around the perimeter of the parking area.

[ii]

All parking areas shall be screened from the primary street public way by mounding and landscaping. No more than 12 parking spaces shall be laid out in a continuous row unless interrupted by an eight-foot-wide landscaped island. An average clubhouse-building setback of 10 feet from the front doors and/or customer access areas is required from the driveways and parking area. This setback may be a combination of walkways and landscaping. The walkways and landscaping shall be designed to encourage the use of the walkways.

[iii]

The number of parking spaces for the clubhouse and other uses as set forth by the Zoning Ordinance to be required may be reduced up to 50% by the SPGA. The SPGA may determine the number of parking spaces sufficient to provide adequate parking, by taking into account multiple complementary uses in order to reduce excessive pavement on the site. The minimum parking and loading regulations for any attached or multifamily use shall be as specified in Articles VI, VII and VIII.

[f]

Lighting. All outdoor lighting shall be mounted so as to direct illumination away from abutting properties and not cause glare. The developer shall provide streetlighting of a type approved by the Department of Public Works servicing all rights-of-way and drives within the development. The lighting shall be in place and in operation prior to the issuance of any occupancy permits.

[g]

Landscaping. Appropriate trees, understory plantings and lawn areas must be designed by a registered landscape architect. The landscape plan must be approved by the SPGA.

[h]

Other. Areas not specifically addressed in the above design criteria shall include the following:

[i]

Facilities for trash removal for the nonresidential uses of the RGCD shall be screened from view of the primary street and all residential dwelling units.

[ii]

All utilities shall be underground.

(6)

Waivers. The SPGA may grant a waiver from the requirements hereunder should it determine that the granting of said waiver is in harmony with the purpose and intent of the ordinance, does not derogate from the purpose and intent of the ordinance and the resulting development shall not be substantially more detrimental to the neighborhood.

§ 11.15 Frontage exception lots.

Purposes:

(1)

To promote the more efficient use of land;

(2)

To reduce impacts on the natural environment;

Applicability. Frontage exception lots shall be allowed by special permit in the RR, CN, RA, RB, RC, RD and RG Zoning Districts.

Procedural requirements.

(1)

Application. Applicants for a special permit for a frontage exception lot shall submit to the Community Development Board and shall be in conformance with the rules and regulations of the Community Development Board for special permit filings as described in below.

(2)

Procedural considerations. The procedures for obtaining a special permit for a frontage exception lot are specified in § 11.3. In order to grant a special permit for a frontage exception lot, the Community Development Board must find that all of the general requirements for a special permit as specified in § 11.2B have been fulfilled and the specific requirements of Subsection D of this section have been fulfilled.

Requirements. The Community Development Board may grant a special permit for reduced frontage in the districts noted in Subsection B above, except in the MA or the MB District and except for duplexes in the RG District, provided that:

(1)

The area of the lot to be divided is three times the minimum lot area in that district;

(2)

The frontage for the lot to be divided is, at a minimum, the frontage required for that district;

(3)

The lot to be divided is not split into more than two lots;

(4)

The two newly created lots each contain the minimum area required for that district;

(5)

The two newly created lots each have a minimum of 50% of the frontage required for that district; however, the frontage is not to be less than 50 feet in any district;

(6)

The two newly created lots each have a lot of width of not less than 50 feet at any point between the street and site of the dwelling;

(7)

The front, side and rear setbacks for the two newly created lots may be reduced to 20 feet if, in the opinion of the Community Development Board, this facilitates the highest and best use of the land and limits the overall disturbance of the property. Appropriate screening and buffering as determined by the Community Development Board may be required to protect existing adjacent homes;

(8)

There is not more than one other such lot with reduced frontage contiguous to the newly created lots;

(9)

The newly created lots are so located as not to block the possible future extension of a dead-end street;

(10)

The creation of the frontage exception lots will not adversely affect the neighborhood;

(11)

The creation of the frontage exception lots is in harmony with the general purpose and intent of this ordinance;

(12)

No such lot as described above, on which a dwelling is located, shall hereafter be reduced in area or frontage required by this ordinance;

(13)

Prior to the issuance of a building permit, the applicant shall record a deed restriction on the plan and in the deed(s) indicating that the resulting lots may not be further subdivided or divided in any manner whatsoever. Said recorded plan and deed(s) shall be provided to the Building Commissioner and the SPGA.

§ 11.16 Drive-up retail, business or service establishments.

Purposes: to ensure that moving or waiting cars create no hazard or obstruction on a street or parking lot used by the general public.

Applicability.

(1)

A drive-up or walk-up window for a bank, laundry drop, pharmacy, restaurant or the like shall require a special permit from the Community Development Board.

(2)

A drive-up retail, business or service establishment shall be allowed by special permit in the BN, BH, CBD, BL and IL Zoning Districts.

Procedural requirements.

(1)

Application. Applicants for a special permit for a drive-up retail, business or service establishment shall submit to the Community Development Board and shall be in conformance with the Rules and Regulations of the Community Development Board for special permit filings as described in below.

(2)

Procedural considerations. The procedures for obtaining a special permit for a drive-up retail, business or service establishment are specified in Section § 11.3. In order to grant a special permit, the Community Development Board must find that all of the general requirements for a special permit as specified in Subsection D of this section have been fulfilled.

Requirements.

(1)

A drive-up retail, business or service establishment shall not constitute a nuisance of any type;

(2)

Access to such drive-up service shall conform to § 6.2E, Yard requirements for all districts;

(3)

A drive-up retail, business or service establishment shall not operate after 12:00 midnight without an additional special permit from the Community Development Board;

(4)

A drive-up retail, business or service establishment must comply with Methuen Municipal Code Article VI, Section 9-61, Regulation of Loudspeakers, Amplifiers and Paging Systems.

These provisions shall not apply to those facilities which are solely walk-up establishments and which are attached to a main structure and which have no vehicular access. At any time such facility gains vehicular access, it shall be required to comply with the filing, application and approval requirements hereunder.

§ 11.17 Floodplain District.

All development in the Floodplain District, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with the following:

(1)

780 CMR 744.0 of the Massachusetts State Building Code, which addresses floodplain and coastal high-hazard areas.

(2)

310 CMR 10.00, Wetlands Protection, Department of Environmental Protection (DEP).

(3)

302 CMR 6.00, Inland Wetlands Restriction, DEP.

(4)

Title 5, minimum requirements for the subsurface disposal of sanitary sewage, DEP.

(5)

Methuen Municipal Ordinances.

Development regulations. The Floodplain District is established as an overlay district to all other districts. All development, including structural and nonstructural activities, whether permitted by right or by special permit, 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 (currently Section 744).

(1)

Within Zone A, the best available floodway data shall be used to prohibit encroachments in floodways which would result in any increase in the base flood discharge. In Zones A1-30, and AE along watercourses that have not had a regulatory floodway designated, no new construction, substantial improvement or other development shall be permitted, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. In the regulatory floodways designated on the Methuen FIRM or Flood Boundary Floodway Map, encroachments in the regulatory floodway, which would result in any increase in the base flood discharge, are prohibited.

(2)

Within Zones AH and AO, adequate drainage paths around structures are required on slopes, to guide floodwaters around and away from proposed structures.

(3)

Existing contour intervals of the site and elevation of existing structures must be included on plan proposals.

(4)

There shall be established a "routing procedure" which will circulate or transmit one copy of the development plan to the Conservation Commission, Community Development Board, Board of Health, City Engineer and Building Commissioner for comments which will be considered by the appropriate permitting board prior to issuing applicable permits. The routing procedure shall be established for informational purposes only.

Definitions. As used in this section, the following terms shall have the meanings indicated:

100-YEAR FLOOD

See "base flood".

AREAS OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1 or V1-30, VE or V.

BASE FLOOD

The flood having a 1% chance of being equaled or exceeded in any given year.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

DISTRICT

Floodplain District.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community issued by FEMA where the boundaries of the flood, mudslide (i.e., mudflow) and related erosion areas having special hazards have been designated as Zones A, M and/or E.

FLOOD INSURANCE STUDY

An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

FLOODWAY

See "regulatory floodway".

NEW CONSTRUCTION

For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community.

REGULATORY FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation.

SPECIAL HAZARD AREA

An area having special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zones A, AO, A1-30, AE, A99, AH, E.

STRUCTURE

(1)

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home, deck or pier.

(2)

For insurance coverage purposes, a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either a) before the improvement or repair is started, or b) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either 1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or 2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

§ 11.18 Ashford School re-use overlay.

[Added eff. 9-19-2003 by Ord. No. 765]

The purpose is to allow for the re-use of municipal property and structures.

The use shall be limited to multifamily dwelling in accordance with the Comprehensive Zoning Ordinance definitions (apartments or condominiums). All other uses are prohibited.

Housing preference shall be for 55 plus housing, defined as either spouse being 55 or older and their natural or adopted child or where they are guardian of a child if living with them.

The overlay re-use shall require a site plan special permit. The application procedures are described in Article XII.

The following dimensional requirements shall apply:

(1)

Maximum density: one unit per 2,250 square feet.

(2)

Minimum lot area: 43,560 square feet.

(3)

Minimum frontage: 200 feet.

(4)

Minimum lot width: 100 feet.

(5)

Maximum yard setback for:

(a)

Front (x): 40 feet.

(b)

Side (y): 20 feet.

(c)

Rear (z): 50 feet.

(6)

Maximum number of stories: three.

(7)

Maximum height: 40 feet.

(8)

Maximum building coverage: 50%.

The following restrictions shall apply within the Ashford School re-use overlay:

(1)

No changes to facade, except for normal maintenance;

(2)

No change to the footprint of the building;

(3)

No increase in the height of the building or external accessory units such as elevator or HVAC systems;

(4)

No accessory buildings;

(5)

The location, size and number of waste storage facilities, including recycling;

(6)

Trash removal shall be the responsibility of the property owner;

(7)

No satellite dishes or antennas;

(8)

Proposed changes to the above limitations shall be subject to approval by the Mayor.

Limitations.

(1)

Signs:

(a)

One sign to identify name of facility. Sign not to exceed 25 square feet;

(b)

No signs shall be permitted on the building, except unit numbering or directional signs;

(c)

All other signs shall be limited to directional and parking signs;

(d)

Outdoor signs shall not be illuminated unless shielded or filtered;

(e)

Signs that are illuminated shall have lights mounted on top of the sign facing downward to restrict glare;

(f)

Pan and materials to be approved by the Mayor.

(2)

Parking:

(a)

Maximum of two vehicles per unit;

(b)

No commercial vehicles over 3/4-ton capacity;

(c)

Any commercial vehicles serving the facility shall be registered at the premises;

(d)

All parking areas shall be at least eight feet off the property line; within the eight feet may include landscaping, sidewalks and utilities; this provision may be waived or modified by the Mayor.

(e)

Recreational vehicles, trailers, mobile homes and boats are prohibited from being stored on site;

(f)

No parking of unregistered vehicles;

(g)

Handicapped parking shall be provided in accordance with state and local laws;

(h)

Deliveries by commercial vehicles shall be limited to the hours between 7:00 a.m. and 9:00 p.m.

(3)

Outdoor lighting:

(a)

There shall be no lighting fixtures on the building except for the entrances and/or exits;

(b)

Lighting for the parking area shall be limited to lampposts, not to exceed 12 feet in height. Location, design and style of lampposts shall be included in lighting plan;

(c)

All outdoor lighting shall be directed away from abutting residential properties;

(d)

Lighting plan shall be approved by the Mayor.

(4)

Access easement:

(a)

Pedestrian access for public use of fields, courts and play areas to be reserved in deed;

(b)

A twenty-foot-wide perimeter access easement to be retained for the purposes of public access. The easement shall include a sidewalk and landscaping where appropriate;

(c)

There shall be no parking within the easement area without approval by the Mayor;

(d)

There shall be no interference with gate access to fields, play areas, courts or easement access areas;

(e)

Fire lane access to be determined by the Fire Department.

(5)

Site plan. The requirements of Article XII, Site Plan Approval, of the Comprehensive Zoning Ordinance shall apply.

(6)

The provisions of the Ashford School re-use overlay shall supersede all other sections of the Zoning Ordinance except Article XII, Site Plan Approval.

§ 11.19 Forest Lake overlay.

[Added by Ord. No. 773]

This section is enacted for the purpose of allowing modifications to the zoning requirements of the Roman Catholic Archbishop of Boston property as purchased by the City and recorded at North Essex Registry of Deeds at Book 8472, Page 143.

The use of the property in the overlay shall be limited to single-family dwellings in accordance with the Comprehensive Zoning Ordinance definitions. All other uses, except those customary and incidental to a single-family residence as identified in the Zoning Ordinance, are prohibited.

The overlay shall be subject to site plan approval by the Community Development Board. The procedural requirements of the application are as follows:

(1)

An original application together with 15 copies and a site plan shall be submitted to the Board.

(2)

The site plan shall be stamped by a Massachusetts professional engineer or registered land surveyor. The plan shall show the number, dimensions and square footage of all lots and shall include a footprint of the proposed buildings on the lots.

(3)

The plan shall further show any dimensional modifications sought, i.e., minimum lot area, minimum lot width, minimum yard setbacks, maximum building coverage, minimum open space and maximum wetland area sought.

(4)

The Mayor, acting on behalf of the City, may make application to the Community Development Board for approval of the site plan. The site plan application may include requests to modify the dimensional requirements of Article VI of the Zoning Ordinance as to this property; Provided, however, that a minimum of 60% of Lot One as described in the above-referenced deed shall be kept and designated as constitutionally protected open space under Article 49 of the Articles of Amendment to the Massachusetts Constitution.

(5)

The Board shall conduct a public hearing in accordance with the public hearing requirements of Article XI of this ordinance. It shall render its decision no later than 90 days after the filing of the application.

(6)

The Community Development board is hereby authorized to grant approval to the site plan with such modifications it may approve if it determines that the interests of maintaining open space for the benefit of the public are served by such approval.

The lot(s) as approved may have constructed thereon single-family dwellings within the approved setback areas. Any revision decreasing the setback requirements of any of the lots as approved in the site plan shall require the submittal of an amendment to the Board for its review and the procedures listed above shall apply as to the amendment.

There shall be no further subdivision of the lots as approved in the original site plan nor a use made on the premises other than single-family residence with customary and incidental accessory uses, and all deeds of transfer shall contain this restriction.

The provisions of this overlay ordinance shall supersede all other conflicting sections of the Zoning Ordinance except Article XII, Site Plan Approval, and Article V, Use Regulations.

§ 11.20 Personal wireless service facilities.

[Added eff. 3-2-1999 by Ord. No. 665]

Purpose and intent.

(1)

The purpose of this ordinance is to minimize the visual and environmental impacts of personal wireless service facilities. The ordinance enables the review and approval of personal wireless service facilities by the City of Methuen in keeping with the City's existing ordinances and historic development patterns, including the size and spacing of structures and open spaces. This ordinance is intended to be used in conjunction with other regulations adopted by the City, including historic district regulations, site plan review and other zoning ordinances designed to safeguard public health and safety, encourage appropriate land use, environmental protection and provision of adequate infrastructure development in the City of Methuen.

(2)

The regulation of personal wireless service facilities is consistent with the City's planning efforts through its local Comprehensive Plan to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species; protection of natural resources; balanced economic growth; the provision of adequate capital facilities; the coordination of the provision of adequate capital facilities with the achievement of other goals; and the preservation of historical, cultural, archaeological, architectural and recreational values.

(3)

If a personal wireless service facility is permitted by right in a zoning district, then the basic assumption is that the personal wireless service facility could go anywhere within that zoning district, provided certain dimensional standards are met. This ordinance does not recommend this approach because there may be sensitive resources in any zoning district that could be negatively affected by these facilities.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ABOVE GROUND LEVEL (AGL)

A measurement of height from the natural (existing) grade of a site to the highest point of a structure.

ANCILLARY EQUIPMENT

All equipment necessary to the secure and successful operation of a minor or major wireless telecommunications facility, including, but not limited to: a support structure; antennas; transmitting, receiving and combining equipment; equipment shelter containing radios and electronic equipment; transmission cables; telephone lines; utility lines; and backup power source.

ANTENNA

The surface from which wireless radio signals are transmitted and received by a personal wireless service facility.

AVAILABLE SPACE

The policy that requires siting of personal wireless service facilities on existing buildings or structures, regardless of height, before looking to new construction opportunities. The theory is that available space exists throughout the urban area and that it is more cost-effective, resource-conserving and visually acceptable to place personal wireless service facilities on available space. It is the first preference of the City of Methuen to have personal wireless service facilities use available space.

CAMOUFLAGED

A personal wireless service facility that is disguised, hidden or made a part of an existing or proposed structure is considered "camouflaged."

CARRIER

A company that provides wireless services.

CMR

Commonwealth of Massachusetts Regulation.

CO-LOCATION

The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.

CONCEALED

A personal wireless service facility that is placed within an existing or proposed structure so that it is hidden from view is considered "concealed."

DET

Massachusetts Department of Telecommunications and Energy.[1]

DPH

Department of Public Health (Massachusetts).

DUAL-POLARIZED (OR CROSS-POLARIZED) ANTENNA

A low mount that has three panels either flush-mounted or attached very close to the shaft.

ELEVATION

The measurement of height, in feet, above sea level.

ENVIRONMENTAL ASSESSMENT (EA)

The document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.

EQUIPMENT SHELTER

An enclosed structure, cabinet, shed or box at the base of the mount within which are housed containing radios and electronic equipment; transmission cables; telephone lines; utility lines; and backup power source.

FAA

Federal Aviation Administration.

FALL ZONE

The area on the ground within a prescribed radius from the base of a personal wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

FCC

Federal Communications Commission.

FUNCTIONALLY EQUIVALENT SERVICES

Cellular, personal communication services (PCS), enhanced specialized mobile radio, specialized mobile radio and paging.

GUYED TOWER

A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.

HISTORIC STRUCTURE

A structure listed on the Natural Register of Historic Places or eligible structure for placement on the National Register of Historic Places.

INTERIOR WIRELESS TELECOMMUNICATIONS FACILITY

A minor wireless telecommunications facility located entirely within a building or structure that is occupied or used primarily for other purposes, but which may include ancillary equipment not located within the building or structure, provided that such facility and ancillary equipment are not visible from any public way or abutting property.

LATTICE TOWER

A type of mount that is self-supporting with multiple legs and cross bracing of structural steel.

LICENSED CARRIER

A company authorized by the FCC to construct and operate a commercial mobile radio service system.

MAJOR WIRELESS TELECOMMUNICATION FACILITY

Any wireless telecommunications facility that is not a minor wireless telecommunications facility.

MINOR WIRELESS TELECOMMUNICATION FACILITY - TYPE 1

(1)

Any wireless telecommunications facility:

(a)

Installed on or in or attached on or to a building or existing wireless telecommunications tower or pole or utility transmission tower, overhead cable, smokestack, steeple, water tank or billboard and ancillary equipment adjacent thereto;

(b)

Composed solely of antennas and ancillary telecommunications equipment which do not extend higher than 10 feet above the highest point of the building or structure on which the wireless telecommunications facility is installed; and

(c)

Made of such materials or painted to blend in appearance to the extent practicable with the building or structure upon which it is installed.

(2)

To the extent that any tower or pole that was previously authorized is replaced with a tower or pole which is substantially similar in design and is not greater than the same height, or with a one-time increase in height of not more than 10 feet, that structure shall be deemed to be a minor wireless telecommunications facility, provided that the original tower or pole is removed within a reasonable time after the construction of the replacement.

MINOR WIRELESS TELECOMMUNICATIONS FACILITY - TYPE 2

Any wireless telecommunications facility:

(1)

Installed in an existing building or on an existing wireless telecommunications tower; and

(2)

Composed solely of antennas and ancillary telecommunications equipment totally enclosed within an existing building or structure; and

(3)

Installation of antennas and ancillary telecommunications equipment requires no major alteration to the structure; and

(4)

The completed installation of all antennas and ancillary equipment is not visible from a public way.

MONOPOLE

The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.

MOUNT

The structure or surface upon which antennas are mounted, including the following four types of mounts:

(1)

ROOF-MOUNTED

An antenna that is mounted on the roof of a building.

(2)

SIDE MOUNTED

An antenna that is mounted on the side of a building.

(3)

GROUND-MOUNTED

An antenna that is mounted on the ground.

(4)

STRUCTURE-MOUNTED

An antenna that is mounted on a structure other than a building.

OMNIDIRECTIONAL (WHIP) ANTENNA

A thin rod that transmits and receives a signal in all directions.

PANEL ANTENNA

A flat-surface antenna usually developed in multiples.

PERSONAL WIRELESS SERVICE FACILITY

Facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996. (Note: Personal wireless service facilities are defined in the Telecommunications Act of 1996. This definition is also provided in the definition of "personal wireless services" below.)

PERSONAL WIRELESS SERVICES

Any wireless telecommunications services and commercial mobile services, including cellular telephone services, enhanced special mobile radio services, personal communications services and mobile and radio paging services as defined in the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C)(i).

RADIOFREQUENCY (RF) ENGINEER

An engineer specializing in electrical or microwave engineering, especially the study of radiofrequencies.

RADIOFREQUENCY RADIATION (RFR)

The emissions from personal wireless service facilities. [Note: It is RFR, not all EMF, that is regulated by the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation (FCC Guidelines). The FCC Guidelines from 1-1-1997 to 10-15-1997. Applicants are further directed to Title 105, Department of Public Health, Chapter 122.000, of the Code of Massachusetts Regulations.]

REPEATER

A small receiver/transmitter of not more than 20 watts' output designed to provide service to areas which are not able to receive adequate coverage directly from a personal wireless service facility.

SPGA or SPECIAL PERMIT GRANTING AUTHORITY

The Community Development Board.

SCENIC ROAD

To be determined.

SCENIC VISTA

To be determined.

SECURITY BARRIER

A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.

SEPARATION

The distance between one carrier's array of antennas and another carrier's array.

TELECOMMUNICATIONS ACT OF 1996

47 U.S.C. § 332(c)(7) preserves the authority of municipalities to regulate the placement, construction and modification of personal wireless service facilities, but provides that municipalities shall not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provision of personal wireless service facilities.

UTILITY TRANSMISSION TOWER

Any tower that has carried or is capable of carrying lines for the transmission of electricity at a voltage level typically equal to or greater than 69,000 volts.

WETLANDS

As defined in MGL c. 131, § 40 and City of Methuen Ordinances, Chapter 12.

WIRELESS TELECOMMUNICATIONS FACILITY

Any "personal wireless service facility" as defined in the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C)(ii), including facilities used or to be used by a licensed provider of personal wireless services.

[1]

Editor's Note: Now the "Department of Telecommunications and Cable."

Municipal regulations.

(1)

Use regulations. A personal wireless service facility shall require a building permit in all cases and may be permitted as follows:

(a)

Upon application for a building permit, a minor wireless telecommunications facility - Type 2 shall be an allowed use in nonresidential zoning districts and shall be subject only to the requirements, restrictions and limitations set forth:

[1]

A minor wireless service facility - Type 2 may locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower or water tower, provided that the installation of the new facility does not increase the height of the existing structure except as provided in Subsection C(1)(a)[2] below. Such installations shall require a special permit.

[2]

A minor wireless telecommunications facility - Type 2 shall be an allowed use in all but residential zoning districts and shall be subject to the requirements, restrictions and limitations set forth; provided, however, that a minor wireless telecommunications facility shall be an allowed use in a residential zoning district only if it is: a) located on municipally owned land, a water tank or an existing wireless telecommunications facility or replacement of such facility pursuant to Subsection C(1)(a)[1] herein; b) located on a utility transmission tower only if installation on any such utility transmission tower does not extend greater than five feet above the utility transmission tower; or c) is an interior wireless telecommunications facility, provided that if a minor wireless telecommunications facility is also in an historic district, it will be allowed only if such facility is an interior wireless telecommunications facility or otherwise complies with the requirements of such historic district. All other minor wireless telecommunications facilities in a residential zoning district shall be treated as major wireless telecommunications facilities.

(b)

Upon application for a building permit for a minor wireless facility - Type 2, the applicant must provide information in a form satisfactory to the Building Commissioner that the applicant has the right and ability to construct such a facility. This information may include, but not be limited to:

[1]

A license from the FCC.

[2]

Approvals from the Commonwealth of Massachusetts DPH, Title 105, Chapter 122.000.

[3]

Lease and/or easement agreements from the property owner.

(c)

A major wireless telecommunication facility involving construction of one or more ground or building (roof or side) mounts shall require a special permit in all zoning districts within the City. The proposed use shall comply with the height and setback requirements of this ordinance and all of the special permit regulations of this ordinance.

(2)

Location. Applicants seeking approval for personal wireless service facilities shall comply with the following:

(a)

The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate. If feasible, personal wireless service facilities shall be located on existing structures, including but not limited to buildings, water towers, existing telecommunications facilities, utility poles and towers and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more personal wireless service facilities.

(b)

If the applicant demonstrates that it is not feasible to locate on an existing structure, personal wireless service facilities shall be designed so as to be camouflaged to the greatest extent possible, including, but not limited to: use of compatible building materials and colors, screening, landscaping and placement within trees.

(c)

The applicant shall submit documentation of the legal right to install and use the proposed facility, in the form of a license from the FCC, at the time of application for a building permit and/or special permit.

(d)

The use of repeaters to assure adequate coverage or to fill holes within areas of otherwise adequate coverage, while minimizing the number of personal wireless service facilities, may be allowed. An applicant who has received a personal wireless facility special permit under this ordinance may, with at least 30 days' written notice to the SPGA, Board of Health, Conservation Commission, Building Inspector, and City Clerk, install, at the applicant's expense, one or more additional repeaters. Site plan review before the SPGA will be required. The SPGA will publish written notice of the public meeting date at least 14 days in advance Applicants shall detail the number, location, power output and coverage of any proposed repeaters in their systems and provide engineering data to justify their use. No repeaters shall be located closer than 50 feet to an existing dwelling, nor less than 25 feet above the ground. Maximum height shall be up to 150 feet in the Personal Wireless Service Facility Overlay District or up to 10 feet above average tree, or tallest building height within 300 feet of the repeater.

(3)

Dimensional requirements. Personal wireless service facilities shall comply with the following:

(a)

Height.

[1]

General. Regardless of the type of mount, personal wireless service facilities shall be no higher than 10 feet above the tallest height of buildings within 300 feet of the proposed facility. In addition, the height of a personal wireless service facility shall not exceed by more than 10 feet the height limits of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged, such as within a flagpole, steeple, chimney or similar structure. Personal wireless service facilities may locate on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building height.

[2]

Ground-mounted facilities. Ground-mounted personal wireless service facilities shall not project higher than 10 feet above the tallest building height or, if there are no buildings within 300 feet, these facilities shall not project higher than 10 feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted personal wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted on-site.

[3]

Side- and roof-mounted facilities. Side- and roof-mounted personal wireless service facilities shall not project more than 10 feet above the height of an existing building nor project more than five feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building height.

[4]

Existing structures. New antennas located on any of the following structures existing on the effective date of this ordinance shall be exempt from the height restrictions of this ordinance, provided that there is no increase in height of the existing structure as a result of the installation of a personal wireless service facility: water towers, guyed towers, lattice towers, fire towers and monopoles.

[5]

Existing structures (utility). New antennas located on any of the following existing structures shall be allowed to exceed the height restrictions of this ordinance with a special permit, provided that there is no more than a five-foot increase in the height of the existing structure as a result of the installation of a personal wireless service facility: electric transmission and distribution towers (utility transmission towers), telephone poles and similar existing utility structures. This provision shall not apply in historic districts, within 150 feet of the right-of-way of any scenic roadway or in designated scenic viewsheds.

[6]

Setbacks. All personal wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed:

[a]

In order to ensure public safety, the minimum distance from the base of every ground-mounted personal wireless service facility to the property line of any residence, school, medical facility or nursing home shall be at least 250 feet measured on a horizontal plane. The minimum distance from the base of any ground-mounted personal wireless service facility to any other type of property line, road, structure or business shall be equal to 100% of the height of the facility/mount, including any antennas or other appurtenances. For these uses only, this setback is considered a fall zone.

[b]

In the event that an existing structure is proposed as a mount for a personal wireless service facility, a fall zone shall not be required, but the setback provisions of the zoning district shall apply. In the case of preexisting nonconforming structures, personal wireless service facilities and their equipment shelters shall not increase any nonconformity, except as provided below.

[7]

Flexibility. In reviewing a special permit application for a personal wireless service facility, the Community Development Board may reduce the required fall zone and/or setback distance, if it finds that a substantially better design will result from such reduction. In making such a finding, the Community Development Board shall consider both the visual and safety impacts of the proposed use.

Special permit regulations.

(1)

Design standards. All personal wireless service facilities shall comply with the performance standards set forth in this section.

(a)

Tiering.

[1]

It shall be the policy of the City of Methuen to consider applications for special permits to construct a personal wireless service facility on available space in the following order of priority:

[a]

First, personal wireless service facilities that are to be concealed within existing buildings or structures shall be preferred; and only when presented with evidence that such buildings or spaces are not available will the Methuen Community Development Board consider

[b]

Second, personal wireless service facilities that are mounted on the roof of existing buildings shall be considered; and only when presented with evidence such buildings do not exist within the desired service areas will the Methuen Community Development Board consider

[c]

Third, personal wireless service facilities that are mounted on available space, including existing personal wireless service facilities.

[2]

The above preferences are to be considered opportunities carrying with them a favorable review, provided other applicable requirements of this ordinance are met. For any of the priorities above, a registered letter must represent any assertion of property owner refusal, regardless of cost considerations, from the property owner.

(b)

Visibility/Camouflage or concealment. Personal wireless service facilities shall be camouflaged or concealed as follows:

[1]

Camouflage or concealment by existing buildings or structures.

[a]

When a personal wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility with or behind existing architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.

[b]

Personal wireless service facilities which are side-mounted shall blend with the existing building's architecture and, if over five square feet, shall be painted or shielded with material which is consistent with the design features and materials of the building.

[2]

Camouflage or concealment by vegetation. If personal wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted personal wireless service facilities shall provide a vegetated buffer of sufficient height and depth to effectively screen the facility. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. The Community Development Board shall determine the types of trees and plant materials and depth of the needed buffer based on site conditions.

[3]

Color.

[a]

Personal wireless service facilities which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.

[b]

To the extent that any personal wireless service facilities extend above the height of the vegetation immediately surrounding it, they shall be painted with neutral colors that are harmonious with and blend with the background, such as sky or wooded terrain.

(c)

Equipment shelters. Equipment shelters for personal wireless service facilities shall be reviewed by the Community Development Board, with a preference for the following design standards:

[1]

Equipment shelters shall, as a first preference, be located in underground vaults; or if not, demonstrable evidence offered as to why underground vaulting is impossible; and then

[2]

Equipment shelters above grade shall, as a second preference, be designed consistent with traditional New England architectural styles and materials, with a roof pitch of at least 10/12 and wood clapboard or shingle siding; or, if not,

[3]

Equipment shelters shall, as a last preference, be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and/or wooden fence. The Community Development Board shall determine the style of fencing and/or landscape buffer that is compatible with the neighborhood.

(d)

Lighting and signage.

[1]

Personal wireless service facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurements at the property line shall be 0.0 initial footcandles when measured at grade.

[2]

Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All signs shall comply with the requirements of the City's sign regulations. Signs solely for the purpose of advertisement are prohibited.

(e)

Historic buildings and districts.

[1]

Any personal wireless service facilities located on or within an historic structure shall not alter the character-defining features, distinctive construction methods or original historic materials of the building.

[2]

Any alteration made to an historic structure to accommodate a personal wireless service facility shall be fully reversible. Personal wireless service facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads or viewing areas within the district.

(f)

Scenic landscapes and vistas. No new ground-mounted personal wireless service facilities shall be located within areas contained in the Visual Overlay District on file in the City of Methuen Community Development Department.

[1]

The Visual Overlay District Map shall contain:

[a]

View corridors, or that strip of land within 250 feet of the outer edge of the right-of-way on both sides of State Routes 93, 495, 213.

[b]

Watercourse and water body buffers, or those strips of land within 75 feet average mean high water on all streambeds, quarries, reservoirs and ponds.

[c]

Public open space or all lands reserved for parks, recreation, public schools and playgrounds as well as conservation through public control.

[2]

Roof-mounted, side-mounted, camouflaged or otherwise concealed personal wireless service facilities may be subject to the special permit process and will be permitted within the areas shown on the Visual Overlay District Map, provided they meet the standards of this ordinance.

(g)

Security barriers. A security barrier shall surround all ground-mounted personal wireless facilities.

Environmental standards.

(1)

Personal wireless service facilities shall not be located in wetlands. Locating of wireless facilities in wetland buffer areas shall be avoided whenever possible and disturbance to wetland buffer areas shall be minimized.

(2)

No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site, including all hydrocarbon products, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.

(3)

Stormwater run-off from the facility shall be contained on-site.

(4)

Noise.

(a)

Ground-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 decibels at the property line.

(b)

Roof-mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 decibels at ground level at the base of the building closest to the antenna.

(c)

The Community Development Board retains the right to commission an acoustical engineer to study noise at a proposed site in accordance with the standards in this Subsection E(4). The cost for retaining such an engineer shall be borne by the applicant.

(5)

Health standards.

(a)

General. As proposed, all requirements to protect public health and safety below are specified to ensure a legally defensible position by the City.

(b)

Radiofrequency radiation (RFR) standards.

[1]

All equipment proposed for a personal wireless service facility shall be authorized per the most recent FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation (FCC Guidelines). The FCC Guidelines were published on August 1, 1996. The FCC had extended the implementation date of the FCC Guidelines from January 1, 1997 to October 15, 1997.

[2]

Further, the applicant shall demonstrate that all equipment conforms to 105 CMR 122.000, as amended.

[3]

Consultative review. Per § 11.4, the Community Development Board (SPGA) retains the right to commission experts to study the existing, probable or potential RFR at a proposed site. The cost for retaining such experts shall be borne by the applicant (MGL c. 44, § 53G).

Application procedures.

(1)

Special permit granting authority. The special permit granting authority (SPGA) for personal wireless service facilities shall be the Methuen Community Development Board.

(2)

Other permits required. Any other permits required from federal, state or municipal agencies must be applied for and granted to the applicant prior to granting a special permit for a personal wireless service facility from the City of Methuen.

(3)

Special permit procedures. All procedures for applying for special permits shall be consistent with, and as provided for, in § 11.3.

(4)

Special permit requirements. The required application for a special permit shall meet the requirements of § 11.2B.

General application filing requirements. The following shall be included with an application for a special permit for all personal wireless service facilities:

(1)

Name, address and telephone number of applicant and any co-applicants, as well as any agents for the applicant or co-applicants.

(2)

Co-applicants shall include the landowner of the subject property, licensed carriers and tenants for the personal wireless service facility.

(3)

A licensed carrier must be either an applicant or a co-applicant.

(4)

Original signatures shall be required for the applicant and all co-applicants applying for the special permit. If the applicant or co-applicant is represented by an agent, a sworn statement with original signatures authorizing the agent to represent the applicant and/or co-applicant will be required. Photo reproductions of signatures will not be accepted.

Location filing requirements:

(1)

Identify the subject property by including the City as well as the name of the locality, name of the nearest road or roads and street address, if any.

(2)

Assessor's map and parcel number of subject property.

(3)

Zoning district designation for the subject parcel (submit copy of City Zoning Map with parcel identified).

(4)

A plot plan, to scale, showing the lot lines of the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown. Said plan shall be stamped by a Massachusetts registered professional civil engineer or registered land surveyor.

(5)

A City-wide map showing other existing personal wireless service facilities in the City and outside the City within two miles of its corporate limits.

(6)

The proposed locations of all existing and future personal wireless service facilities in the City on a City-wide map for this carrier.

Siting filing requirements. In addition to the requirements of § 11.3, the applicant will provide a one inch equals 40 feet vicinity plan showing the following:

(1)

Property lines of all properties adjacent to the subject property within 300 feet.

(2)

Tree cover on the subject property and adjacent properties within 300 feet, by dominant species and average height, as measured by or available from a verifiable source.

(3)

Proposed location of antenna, mount and equipment shelter(s).

(4)

Proposed security barrier, indicating type and extent as well as point of controlled entry.

(5)

Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet, including driveways proposed to serve the personal wireless service facility.

(6)

Distances, at grade, from the proposed personal wireless service facility to each building on the vicinity plan.

(7)

A topographic map at two-foot contours for the subject property and adjacent properties within 300 feet.

(8)

All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.

(9)

Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the personal wireless service facility. All heights shall be shown as proposed AGL, before any grading or disturbance of the natural grade.

(10)

Plan lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from Subsection I(12), regarding sight lines, below.

(11)

If the proposed facility will extend above the tree canopy, a vicinity viewshed map and sectional drawings at a scale of one inch equal 40 feet including the entire area within 2,500 feet and showing the following:

(a)

Topography, public and private roads, buildings and structures, bodies of water and landscape features; and

(b)

Areas which are likely to have views of the facility based on terrain characteristics, including openness, elevation and slope.

(12)

Sight lines and photographs as described below:

(a)

Sight line representation (elevation view). A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) of the personal wireless service facility. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is only one residential building within 300 feet, there shall be at least two sight lines from the closest habitable structures or public road.

(b)

Existing ("before" condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch photograph of what can currently be seen from any public road within 300 feet.

(c)

Proposed ("after" condition). Each of the existing condition photographs shall have the proposed personal wireless service facility superimposed on it to show what will be seen from public roads if the proposed personal wireless service facility is built.

(13)

Siting elevations, or views at-grade from the north, south, east and west, for a fifty-foot radius around the proposed personal wireless service facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter-inch equals one foot or one-eighth-inch equals one foot scale and show the following: antennas, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point.

(14)

Security barrier. If the security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.

(15)

Any and all structures on the subject property.

(16)

Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.

(17)

Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.

Design filing requirements.

(1)

Equipment brochures for the proposed personal wireless service facility, such as manufacturer's specifications or trade journal reprints, shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

(2)

Materials of the proposed personal wireless service facility specified by generic type and specific treatment (e.g., galvanized steel, anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

(3)

Colors of the proposed personal wireless facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

(4)

Dimensions of the personal wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

(5)

Appearance shown by at least two photographic superimpositions of the personal wireless service facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

(6)

Landscape plan, including existing trees and shrubs and those proposed to be added, identified by size of specimen and species.

(7)

Within 21 days of filing an application for a special permit, the applicant shall arrange for a forty-eight-hour, 24 hours of which must be on a weekend day, balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, including a second date in case of poor visibility due to weather conditions on the initial date, time and location of such test shall be advertised in a newspaper of general circulation in the City at least 14 days, but not more than 21 days, prior to the test.

(8)

If lighting of the site is proposed, the applicant shall submit a manufacturer's computer-generated point-to-point printout, indicating the horizontal footcandle levels at grade, within the property to be developed and 25 feet beyond the property lines. The printout shall indicate the locations and types of luminaires proposed.

Noise filing requirements. The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed personal wireless service facilities, measured in decibels Ldn (logarithmic scale accounting for greater sensitivity at night), for the following:

(1)

Existing or ambient: the measurements of existing noise.

(2)

Existing plus proposed personal wireless service facilities: maximum estimate of noise from the proposed personal wireless service facility plus the existing noise environment. Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the noise standards of this ordinance.

(3)

As proposed, all requirements are specified to ensure a legally defensible position by the City.

Radiofrequency radiation (RFR) filing requirements. The applicant shall pay for an independent consultant, hired by the City, to monitor the background levels of radiofrequency radiation around the proposed personal wireless service facility site.

(1)

The independent consultant shall provide a statement listing the existing and maximum future projected measurements of radiofrequency radiation from the proposed personal wireless service facility, for the following situations:

(a)

Existing or ambient: the measurements of existing RFR.

(b)

Existing plus proposed personal wireless service facilities: maximum estimate of RFR from the proposed personal wireless service facility plus the existing RFR environment.

(c)

Certification signed by an RF engineer stating that RFR measurements are accurate and meet FCC Guidelines as specified in the radiofrequency radiation standards in Subsection E(5)(b) of this section.

(d)

Radiation pattern of the proposed antenna in the horizontal and vertical planes.

(2)

A report of the monitoring results shall be prepared by the independent consultant and submitted to the City Council, Board of Health, Community Development Board, Building Inspector and City Clerk.

Federal environmental filing requirements.

(1)

The applicant must provide evidence to the SPGA that it has filed all required applications with the federal government which are required for approval of a personal wireless communication facility.

(2)

At the time of application filing, an EA (environmental assessment) that meets FCC requirements shall be submitted to the City for each personal wireless service facility site that requires such an EA to be submitted to the FCC.

(3)

The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the personal wireless service facility that are considered hazardous by the federal, state or local government.

(4)

The special permit granting authority may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility.

Co-location.

(1)

Licensed carriers shall share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are standalone facilities. All applicants for a special permit for a personal wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:

(a)

A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;

(b)

Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.

(2)

In the event that co-location is found not to be feasible, a written statement of the reasons for the infeasibility shall be submitted to the City. The City may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The City may deny a special permit to an applicant that has not demonstrated a good faith effort to provide for co-location.

(3)

If the applicant does intend to co-locate or to permit co-location, the City shall request drawings and studies which accurately show the ultimate appearance and operation of the personal wireless service facility at full build-out.

(4)

If the Methuen Community Development Board approves co-location for a personal wireless service facility site, the special permit shall indicate how many facilities of what type shall be permitted on that site. Facilities specified in the special permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved special permit shall require a new special permit. Estimates of RFR emissions will be required for all facilities, including proposed and future facilities.

Modifications. A modification of a personal wireless service facility may be considered equivalent to an application for a new personal wireless service facility and will require a Special Permit when the following events apply: The applicant and/or co-applicant wants to alter the terms of the Special Permit by changing the personal wireless service facility in one or more of the following ways:

(1)

Change in the number of facilities permitted on the site.

(2)

Change in the technology used for the personal wireless service facility.

(3)

The applicant and/or co-applicant wants to add any equipment or additional height not specified in the original design filing.

Monitoring and maintenance.

(1)

As proposed, the City specifies all requirements to ensure legally defensible position.

(2)

After the personal wireless service facility is operational, the owner(s) of any personal wireless service facility located on any facility site shall pay for an independent consultant, hired by the City, to conduct testing and monitoring of radiofrequency radiation emitted from said site and to report results of said monitoring as follows: within 90 days of the issuance of the special permit, and at annual intervals from the date of issuance of the special permit, the independent consultant shall submit existing levels of radiofrequency radiation from the personal wireless service facility. Such measurements shall be signed by a radiofrequency engineer stating that radiofrequency measurements are accurate and meet Federal Communications Commission Guidelines as specified in the radiofrequency standards in Subsection E(5)(b) of this section.

(3)

A report of the monitoring results shall be prepared by the independent consultant and submitted to the City Council, Board of Health, Community Development Board, Building Inspector and City Clerk.

(4)

After the personal wireless service facility is operational, the applicant shall submit, within 90 days of the issuance of the special permit, and at annual intervals from the date of issuance of the special permit, existing measurements of noise from the personal wireless service facility. Such measurements shall be signed by an acoustical engineer, stating that noise measurements are accurate and meet the noise standards in Subsection E(4) of this section.

(5)

The applicant and co-applicant shall maintain the personal wireless service facility in good condition. If the SPGA deems it necessary, an initial bond shall be posted to cover construction costs and an annual maintenance bond to cover maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, access road maintenance and maintenance of the buffer areas and landscaping.

Abandonment or discontinuation of use.

(1)

At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier will notify the City by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the personal wireless service facility shall be considered abandoned upon such discontinuation of operations.

(2)

Upon abandonment or discontinuation of use, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:

(a)

Removal of antennas, mount, equipment shelters and security barriers from the subject property.

(b)

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

(c)

Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the "after" condition.

(d)

If a carrier fails to remove a personal wireless service facility in accordance with this section of this ordinance, the City of Methuen shall have the authority to enter the subject property and physically remove the facility. The City Council (SPGA) shall require the applicant to post a bond at the time of construction to cover costs for the removal of the personal wireless service facility in the event the City must remove the facility.

(e)

Such a performance bond shall only be deposited in an enterprise account, so labeled and established for the sole purpose of removing an abandoned or discontinued facility.

(f)

In the absence of an enterprise account, the Building Inspector may request removal authority and sufficient funds from the Methuen City Council.

Reconstruction or replacement of existing towers and monopoles. Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of this ordinance may be reconstructed, altered, extended or replaced on the same site by special permit, provided that the Methuen Community Development Board finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the City than the existing structure. In making such a determination, the Methuen Community Development Board shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location, improvements in public safety and/or reduction in visual and environmental impacts. No reconstruction, alteration, extension or replacement shall exceed the height of the existing facility by more than 20 feet.

Term of special permit. A special permit issued for any personal wireless service facility shall be valid for 25 years. At the end of that period, the carrier shall remove the personal wireless service facility or a new special permit shall be required.

Provision for fire safety and rescue.

(1)

All applicants for ground-mounted personal wireless service facilities shall contribute toward improving the adequacy of City of Methuen's response in the event of hazardous or emergency events on high, freestanding structures such as:

(a)

Training Fire Department personnel on accessing high structures with conventional fire-fighting methods and equipment.

(b)

Purchasing any new equipment necessary to improve the City of Methuen's ability to suppress emergencies and rescue personnel on high, freestanding structures.

(2)

The Methuen Fire Department shall establish an enterprise account for the purposes set forth above.

(3)

All applicants shall contribute to the Fire Safety and Rescue Enterprise Account for personal wireless service facilities on a pro-rated basis.

Regulation compliance. Failure to comply with any regulations under the special permit shall be grounds for removal of noncomplying structures, buildings and devices, at the owner's expense.

§ 11.21 Open space residential developments.

Purpose and intent.

(1)

The primary purposes for open space residential development (OSRD) are the following:

(a)

To allow for greater flexibility and creativity in the design of residential developments;

(b)

To encourage the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, other natural resources, including aquifers, water bodies and wetlands, and historical and archeological resources in a manner that is consistent with a municipality's comprehensive and open space plan;

(c)

To encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional or grid subdivision;

(d)

To minimize the total amount of disturbance on the site;

(e)

To further the goals and policies of the City of Methuen Master Plan;

(f)

To facilitate the construction and maintenance of housing, streets, utilities and public service in a more economic and efficient manner;

(g)

To encourage the use of low-impact development (LID) design techniques in an effort to reduce the effects of development on the environment and encourage natural recharge of water resources;

(h)

To further the goals of the City of Methuen to create and provide affordable housing for persons of low and moderate income.

(2)

The secondary purposes for OSRD are the following:

(a)

To preserve and enhance the community character;

(b)

To preserve and protect agriculturally significant land;

(c)

To protect the value of real property;

(d)

To protect community water supplies;

(e)

To provide for a diversified housing stock;

Eligibility.

(1)

Minimum size of tract. To be eligible for consideration as an OSRD, the tract shall contain a minimum of three acres.

(2)

Zoning classification. Only those tracts located in the CN, RR, RA, RB, RC, RD and RG Districts shall be eligible for consideration as an OSRD.

(3)

Contiguous parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of contiguous parcels.

(4)

Land division. To be eligible for consideration as an OSRD, the tract may be a subdivision or a division of land pursuant to MGL c. 41, § 81P; provided, however, that OSRD may also be permitted where intended as a condominium on land not so divided or subdivided.

Special permit required. The Community Development Board shall be the SPGA for an OSRD pursuant to the grant of a special permit. Such special permits shall be acted upon in accordance with the following provisions.

Pre-application.

(1)

Conference. The applicant is very strongly encouraged to request a pre-application review at a regular business meeting of the Community Development Board. If one is requested, the Community Development Board shall invite the Conservation Commission, Board of Health, Building, Fire and Engineering Departments. The purpose of a pre-application review is to minimize the applicant's costs of engineering and other technical experts, and to commence negotiations with the Community Development Board at the earliest possible stage in the development. At the pre-application review, the applicant may outline the proposed OSRD, seek preliminary feedback from the Community Development Board and/or its technical experts and set a timetable for submittal of a formal application. At the request of the applicant, and at the expense of the applicant, the Community Development Board may engage technical experts to review the informal plans of the applicant and to facilitate submittal of a formal application for an OSRD special permit.

(2)

The Community Development Board shall adopt rules and regulations relative to the size, form, number and contents of the plans to be submitted for a pre-application review.

Design process. At the time of the application for a special permit for OSRD in conformance with Subsection F hereunder, applicants are required to demonstrate to the Community Development Board that the following design process was performed by a certified landscape architect and considered in determining the layout of proposed streets, house lots and open space.

(1)

Step One: Identifying Conservation Areas. Identify preservation land by two steps. First, primary conservation areas (such as wetlands, riverfront areas and floodplains regulated by state or federal law) and secondary conservation areas (including unprotected elements of the natural landscape such as steep slopes, mature woodlands, prime farmland, meadows, wildlife habitats and cultural features such as historic and archeological sites and scenic views) shall be identified and delineated. Second, the potentially developable area will be identified and delineated. To the maximum extent feasible, the potentially developable area shall consist of land outside identified primary and secondary conservation areas.

(2)

Step Two: Locating House Sites. Locate the approximate sites of individual houses within the potentially developable area and include the delineation of private yards and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the town's historical development patterns. The number of homes enjoying the amenities of the development should be maximized.

(3)

Step Three: Aligning the Streets and Trails. Align streets in order to access the house lots. Additionally, new trails should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks and trails.

(4)

Step Four: Lot Lines. Draw in the lot lines.

Procedures.

(1)

Application. An application for a special permit for an OSRD shall include a concept plan. The concept plan consists of a sketch plan and a yield plan (see Subsection G). The Community Development Board shall adopt rules and regulations relative to the size, form, number and contents of the sketch plan and yield plan.

(2)

Sketch plan. The sketch plan shall be prepared by a certified landscape architect, or by a multidisciplinary team of which one member must be a certified landscape architect, and shall address the general features of the land, give approximate configurations of the lots, open space and roadways, and include the information listed under Section 1.B of the Subdivision Rules and Regulations. The sketch plan shall incorporate the four-step design process, according to Subsection E above, and the design standards according to Subsection J below, when determining a proposed design for the development.

(3)

Relationship between the concept plan and OSRD subdivision plan.

(a)

The issuance of a concept plan special permit allows the applicant to submit an open space definitive subdivision plan to the Community Development Board for approval under the Subdivision Control Law. Any concept plan special permit issued by the Community Development Board shall specifically state that the open space definitive subdivision plan shall substantially comply with the concept plan.

(b)

An open space definitive subdivision plan will be considered not to substantially comply with the concept plan if the Community Development Board determines that any of the following conditions exist:

[1]

An increase in the number of building lots;

[2]

A significant decrease in the open space acreage;

[3]

A significant change in the lot layout;

[4]

A significant change in the general development pattern which adversely affects natural landscape features and open space preservation;

[5]

Significant changes to the stormwater management facilities; and/or

[6]

Significant changes in the wastewater management systems.

(c)

If the Community Development Board determines that the open space definitive subdivision plan does not substantially comply with the concept plan, the Board may disapprove the definitive subdivision plan for failure to comply with the condition of the special permit requiring that the open space definitive plan substantially comply with the concept plan.

(d)

The Community Development Board may conditionally approve an open space definitive subdivision plan that does not substantially comply with the concept plan special permit. However, such conditional approval must identify where the plan does not substantially comply with the concept plan special permit and shall require that the concept plan special permit be amended to be in compliance with the significant changes identified by the Community Development Board. The Community Development Board shall also require that the applicant file an application to amend the concept plan special permit within a specified time period.

(e)

The public hearing on the application to amend the concept plan special permit shall be limited to the significant changes identified by the Community Development Board in its conditional approval of the open space definitive subdivision plan. These are the only considerations that the Community Development Board may take into account in deciding whether to amend the concept plan special permit.

(4)

General procedures. Whenever an application for an OSRD special permit is filed with the Community Development Board, the applicant shall also file, within five working days of the filing of the completed application, copies of the application, accompanying development plan, and other documentation, to the Board of Health, Conservation Commission, Building Inspector, Department of Public Works, Police Chief, Fire Chief and Town Engineer for their consideration, review and report. The applicant shall furnish the copies necessary to fulfill this requirement. Reports from other boards and officials shall be submitted to the Community Development Board within 35 days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the Community Development Board is held prior to the expiration of the thirty-five-day period, the Community Development Board shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period. The decision/findings of the Community Development Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.

(5)

Site visit. Whether or not conducted during the pre-application stage, the Community Development Board may conduct a site visit during the public hearing. At the site visit, the Community Development Board and/or its agents shall be accompanied by the applicant and/or its agents.

(6)

Other information.

(a)

The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Ordinance. To the extent permitted by law, the Community Development Board shall coordinate the public hearing required for any application for a special permit for an OSRD with the public hearing required for approval of a definitive subdivision plan.

(b)

All OSRD subdivisions must be served with public water and public sewer services.

Basic maximum number of lots.

(1)

Determination of yield, sketch plan. The basic maximum number shall be derived from a yield plan. The yield plan shall show the maximum number of lots (or dwelling units) that could be placed upon the site under a conventional subdivision. The yield plan shall contain the information required for a preliminary plan in accordance with the Subdivision Rules and Regulations as set forth above in Article VI. The proponent shall have the burden of proof with regard to the basic maximum number of lots (or dwelling units) resulting from the design and engineering specifications shown on the yield plan. Each lot shall contain at least 50% upland based upon actual flagged wetlands.

Reduction of dimensional requirements.

(1)

Flexible (zero-lot-line).

(a)

The Community Development Board encourages applicants to modify lot size, shape and other dimensional requirements for lots within an OSRD, subject to the following limitations:

[1]

Lots having reduced area or frontage shall not have frontage on a street other than a street created by the OSRD; provided, however, that the Community Development Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this ordinance.

[2]

There shall be no less than 20 feet between structures and no less than a twenty-foot front and rear setback.

(b)

The Community Development Board may waive these provisions if it furthers the intent of the ordinance and is not more detrimental to the neighborhood.

Open space and affordable housing requirements. In order to qualify for an open space residential development special permit hereunder, the proposed project must include the following minimum open space and affordable housing requirements:

(1)

Open space. A minimum of 50% of the tract shown on the development plan shall be open space. Any proposed open space, unless conveyed to the town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the town, provided that such land shall be perpetually kept in an open state, that it shall be preserved exclusively for the purposes set forth herein and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.

(a)

The percentage of the open space that is wetlands shall not normally exceed the percentage of the tract that is wetlands; provided, however, that the applicant may include a greater percentage of wetlands in such open space upon a demonstration that such inclusion promotes the purposes of this ordinance.

(b)

The open space shall be contiguous. "Contiguous" shall be defined as being connected. Open space will still be considered connected if it is separated by a roadway or an accessory amenity. The Community Development Board may waive this requirement for all or part of the required open space where it is determined that allowing noncontiguous open space will promote the goals of this ordinance and/or protect identified primary and secondary conservation areas.

(c)

The open space shall be used for wildlife habitat and conservation and the following additional purposes: historic preservation, education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, a combination of these uses, and shall be served by suitable access for such purposes. The Community Development Board may permit up to 10% of the open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space (i.e., pedestrian walks and bike paths).

(d)

Wastewater and stormwater management systems serving the OSRD may be located within the open space. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required. Use of low-impact development techniques is encouraged.

(e)

Ownership of the open space. The open space shall, at the Community Development Board's election, be conveyed to:

[1]

The town or its Conservation Commission;

[2]

A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above;

[3]

A corporation or trust owned jointly or in common by the owners of lots within the OSRD. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust that shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the town to perform maintenance of such open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the town an easement for this purpose. In such event, the town shall first provide 14 days' written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the town may perform it. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the Community Development Board for approval, and shall thereafter be recorded.

(2)

Affordable housing. A minimum of 10% of the number of units allowed shall be affordable units as that term is defined in eligibility standards as set forth in § 11.11B and E hereof.

(a)

A minimum of 10% of the number of units allowed in the yield plan shall be added to the development as affordable housing. For example, if the yield plan shows 10 units, then the developer shall be required to build one additional unit as an affordable housing unit, for a total of 11 units. All fractions of units shall be rounded up to the nearest whole number.

(b)

The SPGA, as a condition of a special permit, may require the applicant to build a specified number of affordable units before the issuance of all of the building permits for the project.

(c)

The affordable units shall be restricted in perpetuity by a recorded deed restriction.

(d)

The mandatory affordable units shall be in addition to the bonus affordable units as set forth in Subsection L hereof.

Design standards. The following generic and site-specific design standards shall apply to all OSRDs and shall govern the development and design process:

(1)

Generic design standards.

(a)

The landscape shall be preserved in it natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover and natural drainageways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme.

(b)

Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel.

(c)

Mixed-use development shall be related harmoniously to the terrain and the use, scale and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. Proposed buildings shall be related to their surroundings.

(d)

All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties.

(e)

The removal or disruption of historic, traditional or significant uses, structures or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties.

(2)

Site-specific design standards.

(a)

Mix of housing types. The OSRD may consist of any combination of single-family, two-family and multifamily residential structures. A multifamily structure shall not contain more than four dwelling units. Multifamily structures may only be built within districts where multifamily structures are allowed by right or with a special permit. Residential structures shall be oriented toward the street serving the premises and not the required parking area.

(b)

Parking. Each dwelling unit shall be served by two off-street parking spaces. Parking spaces in front of garages may count in this computation. All parking areas with greater than four spaces shall be screened from view.

(c)

Buffer areas. A buffer area of 50 feet may be provided at the following locations: 1) perimeter of the property where it abuts residentially zoned and occupied properties; and 2) existing public ways. Driveways necessary for access and egress to and from the tract may cross such buffer areas. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance of structures and landscapes approved as part of the project. The Community Development Board may waive the buffer requirement in these locations when it determines that a smaller buffer (or no buffer) will suffice to accomplish the objectives set forth herein.

(d)

Drainage. The Community Development Board shall encourage the use of "soft" (nonstructural) stormwater management techniques (such as swales) and other drainage techniques that reduce impervious surface and enable infiltration where appropriate.

(e)

Screening and landscaping. All structural surface stormwater management facilities shall be accompanied by a conceptual landscape plan.

(f)

On-site pedestrian and bicycle circulation. Walkways and bicycle paths shall be provided to link residences with parking areas, recreation facilities (including parkland and open space) and adjacent land uses where appropriate.

(g)

Disturbed areas. Not more than 5% of the open space shall be disturbed areas. A disturbed area is any land not left in its natural vegetated state.

Decision of the Community Development Board. The Community Development Board may grant a special permit for an OSRD if it determines that the proposed OSRD has less detrimental impact on the tract than a conventional development proposed for the tract, after considering the following factors:

(1)

Whether the OSRD achieves greater flexibility and creativity in the design of residential developments than a conventional plan;

(2)

Whether the OSRD promotes permanent preservation of open space, agricultural land forestry land, other natural resources, including water bodies and wetlands, and historical and archeological resources;

(3)

Whether the OSRD promotes a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional subdivision;

(4)

Whether the OSRD reduces the total amount of disturbance on the site;

(5)

Whether the OSRD furthers the goals and policies of the Master Plan;

(6)

Whether the OSRD facilitates the construction and maintenance of streets, utilities and public services in a more economical and efficient manner.

(7)

Whether the concept plan and its supporting narrative documentation complies with all sections of this Zoning Ordinance.

Increases in permissible density. Based upon the basic number of lots set forth on the accepted yield plan, the following bonuses will be considered in addition to those requirements as set forth in Subsection I hereof:

(1)

The Community Development Board may award a density bonus to increase the number of dwelling units beyond the basic maximum number. The density bonus for the OSRD shall not, in the aggregate, exceed 50% of the basic maximum number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances:

(a)

For each additional 10% of the site (over and above the required 50%) set aside as open space, a bonus of 5% of the basic maximum number may be awarded; provided, however, that this density bonus shall not exceed 25% of the basic maximum number.

(b)

For every two dwelling units restricted to occupancy by persons over the age of 55, one dwelling unit may be added as a density bonus; provided, however, that this density bonus shall not exceed 10% of the basic maximum number.

(c)

Where the Community Development Board determines that the development is in substantial conformance with the City of Methuen Master Plan and for every two dwelling units restricted to occupancy in perpetuity by persons or families who qualify as low or moderate income, as those terms are defined for the area by the Commonwealth's Department of Housing and Community Development, one dwelling unit may be added as a density bonus; provided, however, that this density bonus shall not exceed 15% of the basic maximum number may be awarded.

(d)

For every two dwelling units restricted to occupancy in perpetuity by persons or families who qualify as low or moderate income, as those terms are defined for the area by the Commonwealth's Department of Housing and Community Development, one dwelling unit may be added as a density bonus; provided, however, that this density bonus shall not exceed 10% of the basic maximum number.[1]

[1]

Editor's Note: Original Sec. XI-D(19), Temporary moratorium on medical marijuana treatment centers and registered marijuana dispensaries, which followed this section, was repealed eff. 6-15-2015 by Ord. No. 890. See now § 11.24.

§ 11.22 Billboards.

Purpose: to assure the public safety and community welfare by the regulation of the location of billboards; to protect the environment and assure the continued nature of the historic and open space features of the City.

Applicability. An application for a billboard special permit shall be allowed in the BH and IL Zoning Districts.

Applications.

(1)

Billboards require a special permit, as set forth in Article XI. The special permit granting authority shall be the Board of Appeals. Prior to the grant of any special permit, the Department of Economic and Community Development shall provide a written recommendation to the Board.

(2)

Applications for billboard special permits shall be completed and filed in accordance with the rules and regulations of the SPGA, in addition to the general requirements of § 11.2B.

Criteria. In addition to the special permit criteria as set forth in § 11.2B hereof, the applicant shall:

(1)

Demonstrate compliance with the Outdoor Advertising Board Regulations, as amended;

(2)

Demonstrate that the proposed location does not adversely interfere with the uses of adjacent properties;

(3)

Demonstrate that the proposed billboard does not cause an adverse shadow or flicker on adjacent properties;

(4)

Demonstrate that the proposed location does not cause any noise on adjacent properties such that the increased noise is in violation of any state regulation or local noise ordinance; and

(5)

Demonstrate that the billboard is in harmony with or suitable for the surrounding area and would not do significant damage to the visual environment. In making this determination the SPGA may consider, among other factors, health, safety, general welfare of the public, the scenic beauty of the area, the physical, environmental, cultural, historical or architectural characteristics of the location and area, the structure, height, size of the sign, the number of signs on the premises and in the area where the billboard is to be located.

Dimensional requirements. There shall be a front yard setback of 40 feet for all billboards, a side yard setback of 20 feet and a rear yard setback of 30 feet, notwithstanding the requirements of the Table of Dimensional Controls.[1]

[1]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

Term of permit. The special permit issued hereunder shall be for one year and shall be renewed annually. There shall be a one-time application fee and an annual fee as set forth in Appendix D, Schedule of Fees.[2]

[2]

Editor's Note: Appendix D is included as an attachment to this chapter.

Prohibitions. No billboard permitted hereunder shall have any moving parts.

§ 11.23 Historic preservation special permits (HPSP).

[Added eff. 9-2-2014 by Ord. No. 883]

Purpose. The general objectives of this section are to:

(1)

Encourage preservation of buildings or structures of historical or architectural significance, in concert with the goals and policies of the Methuen Master Plan.

(2)

Encourage the restoration of existing historic buildings and structures in the community.

(3)

Establish eligibility criteria for buildings or structures of historical or architectural significance attaining protected status.

(4)

Expand economic options for the owner/investor, by broadening the permitted uses in various zoning districts and removing barriers presented by development standards governing those permitted uses.

(5)

Permit the flexibility of development options by modifying dimensional requirements that might be an impediment to historic preservation.

(6)

Preserve and enhance community character.

Applicability. An application for an historic preservation special permit shall be allowed in all zoning districts.

Special permit granting authority. The Community Development Board shall be the special permit granting authority (SPGA) for an historic preservation special permit (HPSP).

Historic eligibility. Any historic building or structure, as defined below, may qualify for eligibility under this section if:

(1)

It is included on any of the following lists or surveys or meets the following criteria:

(a)

National Register of Historic Places or pending nominations in good standing;

(b)

State (Commonwealth of Massachusetts) Register of Historic Places or pending nominations in good standing;

(c)

Inventory of Historic Assets of the Commonwealth for the City of Methuen, or designated for inclusion in said inventory; including those buildings listed for which complete surveys may be pending;

(d)

Properties in existence on or before 100 years from the date of the application for an historic preservation special permit;

(e)

Properties within the Searles Nevins Tenney Historic District; and

(2)

It has been determined by a vote of the Methuen Preservation Committee to be historically or architecturally significant.

Findings required.

(1)

In order to grant a special permit, the SPGA shall determine:

(a)

That the uses authorized by this special permit or the modification of standards and requirements authorized are necessary to maintain the historic or architecturally significant building or structure on the site on which it was originally constructed or to relocate it to such a site;

(b)

That the proposed renovation, repair, additions, adaptive reuse or removal preserves, to the maximum extent feasible, the historical and architectural features of the building or structure;

(c)

That failure to grant the special permit is likely to result in inappropriate use or physical modification or pursuit of a demolition permit; and

(d)

That the proposed use will not generate negative impacts to the surrounding area or zoning district or that any negative impacts generated may be feasibly mitigated.

(2)

Priority in granting special permits under this historic preservation ordinance shall, in all cases, be placed upon keeping buildings and structures in place, rather than moving them to other locations, provided that the existing siting can be shown to represent valid historical setting and context. Moving of buildings, structures and elements to other locations shall be considered only if no other preservation measures are practical or reasonable on the existing site, or if the proposed removal is to return a building or structure to an original or more historically accurate location. The SPGA shall determine the validity of any such requests.

Parent parcel. The parent parcel is the original parcel of land containing the historically or architecturally significant building or structure.

The SPGA may grant a special permit to authorize certain uses as listed below, create new lots or construct one new dwelling unit on the parent parcel. It is the intent of this ordinance that only one of these options will be granted for the parent parcel.

Special permit for a use on the parent parcel.

(1)

The SPGA may grant a special permit to authorize certain uses, listed below, not otherwise allowed in the Table of Use Regulations for the zoning district of the parent parcel.

(2)

The following uses, as defined in this Zoning Ordinance, may be allowed in any zoning district by special permit:

(a)

Single-family dwelling.

(b)

Two-family dwelling or multifamily dwelling. Each dwelling unit shall be an independent dwelling unit intended for use by a single family with its own bath and toilet facilities and its own kitchen. The square footage of the interior living space of each dwelling unit shall be not less than 1,000 square feet.

(c)

Conversion of municipal buildings to residential use.

(d)

Office, general.

(e)

Office, medical.

(f)

Hospice facility.

(g)

Funeral parlor.

(h)

Customary home occupation. The SPGA may allow greater than 25% of the existing gross floor area of the dwelling unit and/or more than 700 square feet to be devoted to such use.

(i)

Assisted living.

(j)

Nursing/Rest home, long-term care facility.

(3)

If it is determined to be in the best interest of the overall project to meet the goal of historic preservation, then the SPGA may waive the front, side and rear yard setbacks for zoning district of the parent parcel and the Article VIII parking and loading requirements.

(4)

Any new use or modified dimensional standards must be in keeping with and enhance the overall historic and/or architecturally significant nature of the parent parcel and adhere to design guidelines of the Historic District Commission.

Special permit for the creation of one new lot from the parent parcel.

(1)

The SPGA may grant a special permit to modify certain dimensional standards for the creation of one new lot from the parent parcel.

(2)

In order to create one new lot, the parent parcel must conform to the minimum lot area and frontage requirements contained in Appendix B, Table of Dimensional Regulations, for that zoning district.[1]

[1]

Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.

(3)

If the parent parcel conforms to the minimum lot area and frontage requirements, then one new lot may be created from the parent parcel; however, both the new lot and the parent parcel must contain a minimum of 50% of the required frontage and area for the zoning district of the parent parcel.

(4)

If it is determined to be in the best interest of the overall project to meet the goal of historic preservation, then the SPGA may waive the front, side and rear yard setbacks for the zoning district of the parent parcel.

(5)

The dwelling unit to be constructed on the new lot must be in keeping with and enhance the overall historic and/or architecturally significant nature of the parent parcel and adhere to design guidelines of the Historic District Commission.

Special permit for the construction of one additional dwelling unit on the parent parcel.

(1)

The SPGA may grant a special permit authorizing the construction of one additional dwelling unit on the parent parcel.

(2)

In order to construct one additional dwelling unit, the parent parcel must conform to the minimum lot area and frontage requirements contained in Appendix B, Table of Dimensional Regulations, for the zoning district of the parent parcel.[2]

[2]

Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.

(3)

The additional dwelling unit must be in keeping with and enhance the overall historic and/or architecturally significant nature of the parent parcel and adhere to design guidelines of the Historic District Commission.

Relocation of an existing historic building or structure.

(1)

If the historic building or structure is to be relocated, the SPGA shall determine whether or not it can be placed on a new lot without detrimental effect to abutting properties or the street on which the lot has its frontage.

(2)

If the historic building or structure is to be relocated, a map showing the route over which the historic structure or building will be moved must be submitted for review and approval by the SPGA, with input from the Police Chief, Fire Chief and the Director of Public Works approving the route. It is the responsibility of the applicant to contact and obtain approvals (if needed) from utility companies having overhead cables, lines or wires along the route, and from the Massachusetts Highway Department if a state roadway is involved and from the Director of Public Works, Police Chief and Fire Chief of any city or town included on the route. The applicant is responsible for any costs associated with police supervision along the route.

(3)

In the event that the owner of the lot wishes to make changes to the historic building or structure after it is relocated, the owner must seek a modification of the special permit from the Community Development Board. The Community Development Board shall request that the Historic District Commission review the proposal and provide a recommendation prior to its decision.

Procedural requirements. The following shall be submitted to the Community Development Board as part of the application process:

(1)

Applications, site plans, architectural plans and other documents as may be required in accordance with the rules and regulations of the Board.

(2)

A statement from the Methuen Preservation Committee that the historic building or structure found on the property is historically or architecturally significant and any recommended conditions for the special permit, or demonstrate that said property is within the Searles Nevins Tenney Historic District.

(3)

A statement detailing all of the proposed changes to be made to the historic building or structure. The SPGA may seek input from the Historic District Commission regarding any proposed changes.

(4)

Detailed plans and architectural renderings for the restoration of the historic building or structure and any new buildings or structures proposed. Any new buildings or structures must be in keeping with the historic and/or architecturally significant nature of the parent parcel.

(5)

Statement from the applicant as to the financial cost of restoring the historic building or structure, demonstrating the need for the incentives allowed by this special permit in order to restore and preserve the historic building or structure.

Conditions to be imposed on all HPSPs.

(1)

The applicant shall record at the Registry of Deeds an historic preservation restriction on the parent parcel in a form approved by the Community Development Board, which shall at a minimum provide for conditions under which alterations, additions or modifications may be made.

(2)

The applicant shall take all actions necessary to have the parent parcel included in the Methuen Historic District as required by MGL c. 40C.

(3)

When the decision of the Community Development Board on the application for the creation of one new lot has become final, the applicant shall submit the plan upon which the decision is based to the Community Development Board for certification as an "approval not required" plan pursuant to MGL c. 41, § 81P. The notice of decision of the Community Development Board, the approved and endorsed historic preservation restriction with any required mortgagee subordination and the approval-not-required plan certified by the Planning Board shall be recorded concurrently at the Registry of Deeds.

(4)

The historically significant building or structure must be restored in keeping with the Design Guidelines of the Methuen Historic District Commission. The SPGA may seek input from the Historic District Commission regarding any proposed changes and may impose conditions related to the time frame for the completion of the restoration.

(5)

The SPGA may require performance guarantees to ensure completion of the requirements of this special permit.

(6)

In the event of a catastrophic event which results in damage to the historic building or structure such that it cannot be repaired, the owner may rebuild on the lot, provided that:

(a)

The new dwelling does not contain more than the same interior floor area as the historic building or structure and meets one of the following requirements:

[1]

The new dwelling is placed in the existing footprint; or

[2]

The new dwelling is built in conformity with the zoning side, front and rear setbacks in effect at the time of rebuilding.

(b)

The new dwelling must be in keeping with and enhance the overall historic and/or architecturally significant nature of the parent parcel and adhere to design guidelines of the Historic District Commission.

§ 11.24 Registered marijuana dispensaries (RMD) and off-site medical marijuana dispensaries (OMMD).

[Added eff. 6-15-2015 by Ord. No. 890]

Purpose: to provide for the placement of registered marijuana dispensaries (RMDs) and off-site medical marijuana dispensaries (OMMD), in accordance with the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1 et seq.,[1] in locations suitable for lawful medical marijuana facilities and to minimize adverse impacts of RMDs and OMMDs on adjacent properties, residential neighborhoods, historic districts, schools, playgrounds and other locations where minors congregate by regulating the siting, design, placement, security and removal of RMDs and OMMDs.

[1]

Editor's Note: MGL c. 94C, App. § 1-1 et seq. was repealed in 2017. See now MGL c. 94G and c. 94I.

Definitions. Where not expressly defined in the ordinance, terms used in this section of the ordinance shall be interpreted as defined in the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1 et seq. and the Department of Public Health (DPH) regulations promulgated thereunder, 105 CMR 725.001 et seq.,[2] and otherwise by their plain language.

MARIJUANA-INFUSED PRODUCT (MIP)

(As defined in 105 CMR 725.004.[3]) A product infused with marijuana that is intended for use or consumption, including but not limited to edible products, ointments, aerosols, oils and tinctures. These products, when created or sold by an RMD or OMMD, shall not be considered a food or a drug as defined in MGL c. 94, § 1.

OFF-SITE MEDICAL MARIJUANA DISPENSARY (OMMD)

A registered marijuana dispensary that is located off-site from the cultivation/processing facility (and controlled and operated by the same registered and approved not-for-profit entity which operates an affiliated RMD), but which serves only to dispense the processed marijuana, related supplies and educational materials to registered qualifying patients or their personal caregivers in accordance with the provisions of 105 CMR 725.000.[4]

REGISTERED MARIJUANA DISPENSARY (RMD)

(1)

A not-for-profit entity registered under 105 CMR 725.000,[5] also known as a "medical marijuana treatment center," that acquires, cultivates, possesses, processes (including development of related products such as edible MIPs, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses or administers marijuana, products containing marijuana, related supplies or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, "RMD" refers to the site(s) of dispersing, cultivation and preparation of marijuana.

(2)

The cultivation and processing of medical marijuana, including the production of MIPs, in accordance with these regulations, is considered to be a manufacturing use and is not agriculturally exempt from zoning.

[2]

Editor's Note: See now 935 CMR 500 et seq.

[3]

Editor's Note: See now 935 CMR 500.002, 501.002 or 502.002.

[4]

Editor's Note: See now 935 CMR 500 et seq.

[5]

Editor's Note: See now 935 CMR 500 et seq.

Additional requirements/conditions. In addition to the standard requirements for a special permit, the following shall also apply to all registered marijuana dispensaries (RMD) and off-site medical marijuana dispensaries (OMMD):

(1)

Use.

(a)

Neither an RMD nor an OMMD may sell any products other than marijuana, including MIPs and marijuana seeds, and other products such as vaporizers that facilitate the use of marijuana for medical purposes in accordance with 105 CMR (N)(7)725.105.[6]

[6]

Editor's Note: See now 935 CMR 500 et seq.

(b)

Consumption of marijuana on the premises or grounds of any RMD or OMMD is prohibited in accordance with 105 CMR (N)(8)725.105.[7]

[7]

Editor's Note: See now 935 CMR 500 et seq.

(2)

Location.

(a)

No RMD or OMMD facility shall be sited within a radius of 500 feet of a foot of a school, day-care center or any facility in which children commonly congregate in accordance with 105 CMR 725.110(A)(14).[8]

[8]

Editor's Note: See now 935 CMR 500 et seq.

(b)

No RMD or OMMD facility shall be located within 500 feet of a residence, a building containing residences (including commercial residential uses such as hotels, motels, lodging houses, etc.) or a residential zoning district or the Conservancy District (CN) Zone.

(c)

No RMD or OMMD facility shall be located inside a building containing residential units, including transient housing such as lodging houses, motels and dormitories.

(d)

If the proposed RMD or OMMD is located on a separate parcel from the protected uses identified in this section, then the distance under this section is measured in a straight line from the nearest point of each property line of the protected uses identified in this section to the nearest point of the property line of the proposed RMD or OMMD.

(e)

If the proposed RMD or OMMD is located on the same parcel as the protected uses identified in this section, then the distance under this section is measured in a straight line from the nearest point of the building housing the protected uses identified in this section to the nearest point of the building housing the proposed RMD or OMMD.

Special permit granting authority. The Community Development Board shall be the special permit granting authority (SPGA) for an RMD and OMMD special permit.

Application.

(1)

In addition to the materials required in Article XI, Special Permits, the applicant shall include:

(a)

Application in a form and manner as set forth in the rules and regulations of the Community Development Board.

(b)

The name and address of each owner of the RMD or OMMD facility/operation.

(c)

A copy of the RMD certificate of registration from the Massachusetts Department of Public Health (DPH).

(d)

Evidence that the applicant has site control and right to use the site for a RMD or OMMD facility in the form of a deed or valid purchase and sale agreement or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement.

(e)

A detailed floor plan of the premises that identifies the square footage available and describes the functional areas of the RMD or OMMD, including areas for any preparation of MIPs.

(f)

Design and appearance of proposed buildings, structures, freestanding signs, screening and landscaping and lighting.

(g)

A copy of the operational plan for the cultivation of marijuana, including a detailed summary of policies and procedures for cultivation of marijuana, including a detailed summary of policies and procedures for cultivation approved by the Department of Public Health (DPH).

(h)

If the RMD intends to produce MIPS, a description of the types and forms of MIPs that the RMD intends to produce, and the methods of production as approved by the DPH.

(i)

A copy of the detailed written operating procedures required by 105 CMR 725.105(A)[9] approved by DPH, which shall include but not be limited to provisions for:

[1]

Security measures in compliance with 105 CMR 725.110.

[2]

Employee security policies, including personal safety and crime prevention techniques.

[3]

A description of the RMD's or OMMD's hours of operation and after-hours information, which shall be made available to law enforcement officials.

[4]

Storage of marijuana in compliance with 105 CMR 725.105(d).

[5]

Emergency procedures, including a disaster plan with procedures to be followed in case of fire or other emergencies.

[6]

Written policies and procedures for the production and distribution of marijuana, which shall include but not be limited to:

[a]

Policies and procedures for patient or personnel caregiver home delivery.

[b]

Policies and procedures for the transfer, acquisition or sale of marijuana between RMDs and OMMDs.

[9]

Editor's Note: See now 935 CMR 500 et seq.

(j)

A description of any waivers from DPH regulations issued for the RMD.

(2)

The SPGA shall refer copies of the application to the Building Department, Fire Department, Police Department, Board of Health, the Conservation Commission and the Engineering Department. These boards/departments shall review the application and shall submit their written recommendations. Failure to make recommendations within 35 days of referral of the application shall be deemed lack of opposition.

(3)

After notice and public hearing and consideration of application materials, consultant reviews, public comments and the recommendations of other town boards and departments, the SPGA may act upon such a permit.

Special permit conditions on RMDs. The SPGA shall impose conditions reasonably appropriate to improve site design, traffic flow and public safety, protect water quality, air quality and significant environmental resources, preserve the character of the surrounding area and otherwise serve the purpose of this section.

The permit holder shall provide to the Zoning Enforcement Officer and Chief of the Police Department the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder.

The special permit shall be issued for an initial period of five years of its issuance. If there are no violations and/or breaches of the conditions of the special permit during that time frame, the special permit shall be automatically renewed.

The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the RMD.

The special permit shall lapse upon the expiration or termination of the applicant's registration by DPH.

The permit holder shall notify the Zoning Enforcement Officer and SPGA in writing within 48 hours of the cessation of operation of the RMD or the expiration or termination of the permit holder's registration with DPH.

Exemption from RMD special permit requirement. RMDs that demonstrate that they are protected pursuant to the agricultural exemption under MGL c. 40A, § 3 are not required to obtain a special permit, but shall apply for site plan approval pursuant to Article XII of the Zoning Ordinance.

Prohibition against nuisances. No use shall be allowed which creates a nuisance to the surrounding area, or which creates any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.

Severability. The provisions of this ordinance are severable. If any provision, paragraph, sentence or clause of this ordinance or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this ordinance.

§ 11.25 Recreational marijuana establishments.

[Added 2-14-2019 by Ord. No. 933]

Findings and purpose. By vote at the State Election on November 8, 2016, the voters of the commonwealth approved a law regulating the cultivation, processing, distribution, possession and use of marijuana for recreational purposes (MGL c. 94G, "Regulation of the Use and Distribution of Marijuana Not Medically Prescribed"). Effective December 15, 2016, the law allows certain personal use and possession of marijuana, and further requires the Cannabis Control Commission to issue regulations regarding the licensing of commercial marijuana activities on or before March 15, 2018, and subsequently to accept license applications for commercial operations beginning on April 1, 2018. Nonmedical marijuana establishments as defined by MGL c. 94G are not otherwise contemplated or addressed under the present Zoning Ordinance. The regulations promulgated by the Cannabis Control Commission provide important guidance on aspects of local regulation of recreational marijuana establishments, as well as details on how the City may further restrict commercial sales of recreational marijuana by local ballot questions. The regulation of recreational marijuana raises novel legal, planning and public safety issues, necessitating time to study and consider the regulation of recreational marijuana establishments and address such issues, as well as to address the potential impact of the aforementioned state regulations on local zoning; and to undertake a planning process to consider amending the Zoning Ordinance regarding regulation of recreational marijuana establishments. The City has been engaged in a planning process, including the formation of a Cannabis Policy Working Group comprised of City staff, representatives from the City Council, legal counsel and representatives from the community, to review these matters and make recommendations concerning the local regulation of recreational marijuana establishments. The City initially adopted a Temporary Moratorium on Recreational Marijuana Establishments extending until November 1, 2018. The City intends to extend its temporary moratorium on the use of land and structures in the City for recreational marijuana establishments so as to allow the City additional time to complete its planning process to address the effects of such structures and uses in the City and to adopt provisions of the Zoning Ordinance in a manner consistent with sound land use planning goals and objectives.

Definitions. As used in this section, the following terms shall have the meanings indicated:

MARIJUANA ACCESSORIES

Equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body.

MARIJUANA or MARIHUANA

All parts of any plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinol as defined in MGL c. 94C, § 1; provided that "marijuana" shall not include:

(1)

The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination;

(2)

Hemp; or

(3)

The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

MARIJUANA PRODUCTS

Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.

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.

RECREATIONAL MARIJUANA ESTABLISHMENT

A nonmedical marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business as defined in MGL c. 94G, § 1 and 935 CMR 500.002.

Temporary moratorium. For the reasons set forth above and notwithstanding any other provision of the Zoning Ordinance to the contrary, the City hereby extends its temporary moratorium on the use of land or structures for recreational marijuana establishments (which includes dispensing, processing and cultivation activities, and other related activities to the sale, storage and distribution of marijuana for nonmedical use and the operation of a recreational marijuana establishment for nonmedical use). The moratorium shall be in effect through June 30, 2019, or until the City adopts a zoning ordinance regulating or prohibiting recreational marijuana establishments, whichever occurs sooner. During the moratorium period, the City shall continue to engage in the planning process to address the potential impacts of recreational marijuana in the City, consider the regulations of the Cannabis Control Commission regarding recreational marijuana and related uses and shall consider adopting new zoning ordinances to address the impact and operation of recreational marijuana establishments (which includes dispensing, processing and cultivation activities, and other related activities to the sale, storage and distribution of marijuana for nonmedical use and the operation of a marijuana establishment for nonmedical use).

Methuen City Zoning Code

ARTICLE XI

Special Permits

§ 11.1 Purpose and intent.

§ 11.2 Designation of special permit granting authorities.

[Amended eff. 3-6-1996 by Ord. No. 565]

[1]

Editor's Note: See the Table of Use Regulations, included as an attachment to this chapter.

(1)

Social, economic or community needs which are served by the proposal;

(2)

Traffic flow and safety, including parking and loading;

(3)

Adequacy of utilities and other public services;

(4)

Neighborhood character and social structures;

(5)

Impacts on the natural environment;

(6)

Potential fiscal impact, including impact on City services, tax base and employment. Said analysis shall conform with the rules and regulations of the SPGA; and

(7)

Consistency with the most recent City of Methuen Master Plan.

Plans. Plans shall be filed in accordance with the rules and regulations of the SPGA.

Regulations. The SPGA may adopt rules and regulations for the administration of this article.

§ 11.3 Special permit procedures.

[Amended eff. 7-6-1993 by Ord. No. 473]

If the Zoning Board of Appeals is acting as the SPGA, the application shall be filed with the City Clerk, who shall transmit it forthwith to the Zoning Board of Appeals for action.

If any other agency allowed by the Zoning Act is acting as the SPGA, the application shall be made to that agency and the applicant shall also transmit a copy to the City Clerk.

No special permit shall be granted until after a duly advertised public hearing as specified in MGL c. 40A, § 11, provided the public hearing is held within 65 days of the date of application.

Special permits shall be decisions shall be made and issued in accordance with the procedures set forth in MGL c. 40A, § 9.

Upon granting or denying a special permit the SPGA shall forthwith:

(1)

File a copy of the decision with the Community Development Board and City Clerk;

(2)

Mail a certified copy of its decision to the owner, and applicant if other than the owner;

(3)

Send a notice of the decision to the parties of interest and to persons who requested a notice at the public hearing;

(4)

Within 14 days, file copies of the detailed record of its proceedings with the Office of the City Clerk; and

(5)

Specify that appeals, if any, shall be made pursuant to Section 17 of the Zoning Act[1] and shall be filed within 20 days after the date of filing of such notice with the City Clerk.

[1]

Editor's Note: See MGL c. 40A, § 17.

A special permit shall not take effect until:

(1)

The City Clerk certifies on a copy of the decision that 20 days have elapsed without filing of an appeal or that any appeal filed has been dismissed or denied.

(2)

Site plan requirements. All site plans shall be prepared in accordance with the rules and regulations of the SPGA unless otherwise required herein.

§ 11.4 Consultative review.

§ 11.5 Planned unit developments.

Purposes:

(1)

To promote the more efficient use of land.

(2)

To permit the planned mixture of attached and multifamily residences and certain types of convenience commercial uses.

(3)

To meet the affordable housing needs of the City and to promote diverse and energy-efficient housing at a variety of costs.

Applicability. An application for a planned unit development special permit shall be allowed in the MA, MB, CBD, and BL Zoning Districts.

Procedural requirements.

(1)

Application. Applicants for a special permit for a planned unit development shall submit to the Community Development Board in accordance with the rules and regulations of the Board.

(2)

(3)

Requirements. A planned unit development shall conform to the following requirements:

(1)

Minimum tract size. The development shall contain a minimum of 10 acres of land.

(2)

Allowable density. The development shall comply with the maximum density requirements for the zoning district in which the development will be located.

(a)

The maximum gross density of dwelling units (du) per gross acre of land for the applicable zoning district shall be as follows:

District	Maximum Gross Density of Dwelling Units
MA	2 du
MB	4 du
CBD	8 du
BL	4 du

(b)

A density bonus may be approved by the Community Development Board in accordance with § 11.11 hereof.

(3)

Allowable uses:

(a)

Detached, attached and multifamily dwelling units and up to three convenience commercial establishments per 100 dwelling units shall be allowed.

(b)

(4)

Dimensional and other requirements.

(a)

[1]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

(b)

The convenience commercial establishments shall be grouped together unless waived by the Community Development Board.

(c)

(d)

Dimensional controls for the convenience commercial area shall be at least the minimums set forth in § 6.4 for the BN Zoning District.[2]

[2]

Editor's Note: See the Table of Dimensional Regulations, included as an attachment to this chapter.

(e)

(f)

(5)

Open space requirements.

(a)

(b)

(c)

The open space land included in a planned unit development shall be set aside as common land covenanted to be maintained as permanent common land in private, cooperative and/or public ownership.

(d)

(e)

(f)

Any open space land to be deeded to the City shall contain at least 100 feet of frontage along a public way.

§ 11.6 Multifamily and attached dwelling developments.

Purposes:

(1)

To allow the more efficient use of land.

(2)

To provide a diversity of housing types at a variety of costs.

(3)

To meet the affordable housing needs of the City.

Applicability. An application for multifamily and/or attached dwellings development special permit shall be allowed in the MA, MB, CBD and BL Zoning Districts.

Procedural requirements.

(1)

(2)

Requirements. A multifamily and/or attached dwellings development shall conform with the following requirements:

(1)

Minimum lot area. The minimum lot area for multifamily and attached dwellings developments shall be as follows:

(a)

MA and BL: 130,680 square feet.

(b)

MB: 43,560 square feet.

(c)

CBD: 20,000 square feet.

(2)

Allowable density. The development shall comply with the maximum density requirements for the zoning district in which the development will be located.

(a)

The maximum gross density of dwelling units (du) per gross acre of land for the applicable zoning district shall be as follows:

District	Maximum Gross Density of Dwelling Units
MA	2 du
MB	4 du
CBD	8 du
BL	4 du

(b)

A density bonus may be approved by the Community Development Board in accordance with § 11.11 hereof.

(3)

Allowable uses: detached, attached and multifamily dwellings as described in Article II hereof.

(4)

(a)

The development shall be subject, if applicable, to approval under the Methuen Subdivision Control Regulations.

(b)

The proposed development shall be served by both public water and sewerage systems.

(c)

(d)

(e)

(f)

The Community Development Board may require a buffer screen of up to 10 feet in width and six feet in height to be installed and/or maintained around the perimeter of the development by the owner of the development. (See Article II for definition of "buffer screen.")

(g)

No open parking or driveway shall be closer than 12 feet to a wall containing windows to habitable rooms of a dwelling unit which is on the ground floor or basement floor.

(h)

(i)

The minimum parking, loading and sign regulations shall be as specified in Articles VI, VII and VIII.

(j)

(k)

(l)

[1]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

(5)

Open space requirements.

(a)

(b)

(c)

(d)

(e)

If a corporation, trust or association method of ownership of open space land is to be used, the articles of the corporation, trust or association shall be submitted to the Community Development Board prior to final approval of the special permit and shall specify that ownership thereof shall pass with the conveyances of the lots or residential units. In any case where such open space land is not conveyed to the City, a restriction enforceable by the City of Methuen shall be recorded providing that such land shall be kept in an open or natural state and not be built upon or developed for accessory uses as parking or roadway. All such open space land shall be restricted by deed from all future building. Said deed shall be approved by the Community Development Board.

(f)

Any open space land to be deeded to the City shall contain at least 100 feet of frontage along a public way.

§ 11.7 Unimproved ways.

Purposes: to protect the health, safety, convenience and welfare of the public by ensuring the adequate design and construction of ways.

Procedural requirements.

(1)

(2)

Requirements.

(1)

The construction, extension, alteration, widening or relocation of a way shall conform with the following requirements:

(a)

(b)

(c)

No new subdivision lots shall be shown on the site plan.

(d)

Prior to the start of construction, a bond agreement including a deposit shall be executed between the Community Development Board and the applicant(s).

(e)

(2)

The Community Development Board may waive any of the requirements specified in Subsection D(1) for the benefit and welfare of the community.

§ 11.8 Mixed-use developments.

Purposes:

(1)

To promote a better utilization of existing buildings and properties by allowing a mixture of residential and commercial uses in the same building.

(2)

To meet the affordable housing needs of the City.

(3)

To promote diverse and energy-efficient housing at a variety of costs.

Procedural requirements.

(1)

(2)

Requirements. A mixed-use development shall comply with the following requirements:

(1)

Allowable density. The residential portion of the development shall comply with the maximum density requirements for the zoning district in which the development will be located.

(a)

The maximum gross density of dwelling units (du) per gross acre of land for the applicable zoning district shall be as follows:

District	Maximum Gross Density of Dwelling Units
CBD	8 du
BL	4 du
BH	Per Dimensional Table[1]

[1]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

(b)

A density bonus may be approved by the Community Development Board in accordance with § 11.11 hereof.

(2)

[2]

Editor's Note: See the Table of Use Regulations included as an attachment to this chapter.

(3)

Dimensional and other requirements.

(a)

The minimum dimensional controls for the zoning district in which the development will be located shall be as follows:

	CBD (1)	BL, BN and BH
Minimum lot area (square feet)	20,000	Per Dimensional Table[3]
Minimum frontage	80
Minimum lot width	80
Minimum yard setbacks:
Front	10
Side	10
Rear	10
Maximum number of stories	3
Maximum height	35
Maximum building coverage	50%
Minimum usable open space	0%

(1) These are by-right dimensional requirements for the CBD Zoning District; otherwise, a mixed use in the CBD requires a special permit.

[3]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

(b)

The minimum parking, loading and sign regulations shall be as specified in Articles VI, VII and VIII.

(c)

§ 11.9 Wind energy conversion facilities.

Applicability.

(1)

(2)

Any physical modifications to existing wind energy conversion facilities that materially alter the type or increase the size of such facilities or other equipment shall require a special permit.

Definitions. As used in this section, the following terms shall have the meanings indicated:

HEIGHT

The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point, or blade-tip height.

ON-SITE WIND FACILITY

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment.

SPECIAL PERMIT GRANTING AUTHORITY

The special permit granting authority shall be the Community Development Board.

SUBSTANTIAL EVIDENCE

Such evidence as a reasonable mind might accept as adequate to support a conclusion.

UTILITY-SCALE WIND FACILITY

A commercial wind facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.

WIND ENERGY CONVERSION FACILITY

WIND-MONITORING OR METEOROLOGICAL TOWER

A temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.

WIND TURBINE

A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body and a rotor with two or more blades.

General requirements.

(1)

Special permit granting authority.

(a)

[1]

The specific site is an appropriate location for such use;

[2]

The use is not expected to adversely affect the neighborhood;

[3]

There is not expected to be any serious hazard to pedestrians or vehicles from the use;

[4]

No nuisance is expected to be created by the use; and

[5]

Adequate and appropriate facilities will be provided for the proper operation of the use.

[1]

Editor's Note: See the Table of Use Regulations included as an attachment to this chapter.

(b)

(2)

(3)

(4)

General siting standards.

(1)

Height. Wind energy conversion facilities shall be no higher than 400 feet above the current grade of the land, provided that wind energy conversion facilities may exceed 400 feet if:

(a)

The applicant demonstrates by substantial evidence that such height reflects industry standards for a similarly sited wind facility;

(b)

Such excess height is necessary to prevent financial hardship to the applicant, and

(c)

The facility satisfies all other criteria for the granting of a special permit under the provisions of this section.

(2)

Setbacks.

(a)

Each wind energy conversion facility and its associated equipment shall comply with the minimum setback provisions of the zoning district in which the facility is located; and

(b)

(c)

Design standards.

(1)

(2)

Lighting and signage.

(a)

(b)

Signage. Signs on the wind facility shall comply with the requirements of the town's sign regulations, and shall be limited to:

[1]

Those necessary to identify the owner, provide a twenty-four-hour emergency contact phone number and warn of any danger.

[2]

Educational signs providing information about the facility and the benefits of renewable energy.

(c)

Advertising. Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.

(d)

(e)

(f)

Support towers. Only monopole tower style wind energy conversion facilities shall be allowed.

Safety, aesthetic and environmental standards.

(1)

Emergency services and unauthorized access.

(a)

(b)

Wind turbines or other structures part of a wind facility shall be designed to prevent unauthorized access.

(2)

(3)

Noise.

(a)

[1]

Increases the broadband sound level by more than 10 dB(A) above ambient; or

[2]

Produces a "pure tone" condition, when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by three decibels or more.

(b)

(4)

Monitoring and maintenance.

(1)

(2)

Modifications. All material modifications to a wind facility made after issuance of the special permit shall require approval by the SPGA as provided in this section.

Abandonment and decommissioning.

(1)

(a)

Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.

(b)

Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations.

(c)

(2)

(3)

Term of special permit.

(1)

(2)

The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

Application process and requirements.

(1)

Application procedures.

(a)

General. The application for a wind facility shall be filed in accordance with the rules and regulations of the SPGA concerning special permits.

(b)

Application. Each application for a special permit shall be filed by the applicant with the City Clerk pursuant to MGL c. 40A, § 9.

(2)

Required documents.

(a)

[1]

Name, address, phone number and signature of the applicant, as well as all co-applicants or property owners, if any.

[2]

The name, contact information and signature of any agents representing the applicant.

[3]

Documentation of the legal right to use the wind facility site, including the requirements set forth in Subsection K(3)(b)[1] of this section.

(3)

Siting and design. The applicant shall provide the SPGA with a description of the property which shall include:

(a)

(b)

Site plan. A one inch equals 200 feet plan of the proposed wind facility site, with contour intervals of no more than 10 feet, showing the following:

[1]

Property lines for the site parcel and adjacent parcels within 300 feet.

[2]

[3]

Location of all roads, public and private, on the site parcel and adjacent parcels within 300 feet, and proposed roads or driveways, either temporary or permanent.

[4]

Existing areas of tree cover, including average height of trees, on the site parcel and adjacent parcels within 300 feet.

[5]

Proposed location and design of wind facility, including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access, fencing, exterior lighting, etc.

[6]

Location of viewpoints referenced below in Subsection K(3)(c) of this section.

(c)

[1]

[2]

All view representations will include existing, or proposed, buildings or tree coverage.

[3]

Include description of the technical procedures followed in producing the visualization (distances, angles, lens, etc.).

(d)

[1]

Wind energy conversion facility and, if applicable, security barrier and associated equipment, with total elevation dimensions of all parts of facilities.

[2]

Security barrier. If the security barrier will block views of the wind energy conversion facility, the barrier drawing shall be cut away to show the view behind the barrier.

[3]

Any and all structures on the subject property.

[4]

Existing trees at current height and proposed trees at proposed height at time of installation, with approximate elevation dimensions.

[5]

Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.

(e)

(f)

(g)

Compliance documents. If required under previous sections of this section, the applicant will provide with the application:

[1]

A description of financial surety that satisfies Subsection I(3) of this section;

[2]

Proof of liability insurance that satisfies Subsection D(3) of this section;

[3]

Certification of height approval from the FAA;

[4]

A statement that satisfies Subsection G(3), listing existing and maximum projected noise levels from the wind facility.

(h)

(i)

Independent consultants. Upon submission of an application for a special permit, the special permit granting authority will be authorized to hire outside consultants, pursuant to MGL c. 44, § 53G.

(j)

§ 11.10 Adult entertainment facilities.

[Added eff. 3-6-1996 by Ord. No. 565]

Purpose:

(1)

To protect the health, safety and welfare of the public.

(2)

To ensure the proper location of adult entertainment facilities in relation to residential areas and liquor establishments.

(3)

To minimize the impact to residential properties.

Procedural requirements.

(1)

(2)

Requirements.

(1)

(2)

(3)

(4)

(5)

(6)

§ 11.11 Affordable housing density bonuses.

[Amended eff. 7-29-2006 by Ord. No. 803]

Purpose: to encourage the inclusion of affordable housing in all new multifamily, attached dwelling, planned unit and mixed-use developments.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AFFORDABLE HOUSING

ELIGIBLE HOUSEHOLD

Procedural requirements.

(1)

(2)

Affordable housing requirements.

(1)

(2)

The following income classifications shall be used when describing low and moderate income levels: low and moderate income: 50% to 80% of SMSA median income.

(3)

(4)

The Community Development Board shall have the right to determine the number and maximum sale price of the affordable units that will be offered to low- and moderate-income eligible households.

(5)

Special Permit	Percent Density Bonus
Multifamily	Up to 100%
Attached dwelling	Up to 100%
Planned unit development	Up to 100%
Mixed-use development	Up to 100%

(6)

Zoning District	Current Allowable Density (units/acre)	Maximum Density Bonus (units/acre)	Maximum Allowable Density (units/acre)
MA	2	2	4
MB	4	4	8
CBD	8	8	16
BL	4	4	8

(7)

No special permit shall provide for the increase or doubling of the number of housing units permitted under the maximum allowable density specified above.

(8)

(9)

(10)

(11)

(12)

(13)

The Community Development Board may require that in lieu of all or some of the affordable units being provided within the development, the applicant shall:

(a)

(b)

(c)

Provide all or some of the required affordable housing through a combination of any or all of the methods in this subsection.

(14)

Enforcement.

(1)

(2)

(3)

(4)

(5)

(6)

§ 11.12 Parking in Central Business District.

Purpose: to provide relief from the requirements for off-street parking listed in Article VIII when the enforcement of these requirements proves to be infeasible.

Applicability. An application for parking in the CBD special permit shall be allowed only in the CBD Zoning District.

Procedural requirements.]

(1)

(2)

Requirements. Parking in the CBD special permit shall comply with the following requirements:

(1)

(2)

All reductions in parking spaces shall be supported by evidence of nonfeasibility due to the lack of suitable land, design considerations or other similar factors.

§ 11.13 Business complexes and shopping centers.

Purposes:

(1)

To protect the health, safety and welfare of the public.

(2)

To allow the development of one or more buildings containing more than one type of allowed or allowable business use on a single lot.

(3)

Applicability.

(1)

(2)

Procedural requirements.

(1)

(2)

Requirements.

(1)

[1]

Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.

(2)

The business complex or shopping center shall comply with the minimum parking, loading and sign regulations as specified in Articles VI, VII and VIII.

(3)

The Community Development Board may require a buffer screen of up to 10 feet in width and six feet in height to be installed and/or maintained around the perimeter of the development by the owner of the development. (See Article II for definition of "buffer screen.")

§ 11.14 Residential golf course developments.

[Added eff. 5-22-2003 by Ord. No. 752; amended eff. 3-24-2005 by Ord. No. 785; eff. 5-19-2005 by Ord. No. 786]

(1)

The general purpose of the comprehensive zoning ordinance;

(2)

The preservation of open space;

(3)

A more creative approach to land development;

(4)

Land use development which is harmonious with the environment and which preserves natural resources and scenic qualities;

(5)

Diversity and variety in the development pattern of the community;

(6)

Better design and land planning, ensuring that the installation, construction and maintenance of public facilities is done in an economic and efficient manner; and

(7)

Positive long-term development of real property value.

Applicability.

(1)

(2)

Procedural requirements.

(1)

(2)

Procedures and considerations.

(a)

(b)

Requirements. An RGCD shall comply with the following requirements:

(1)

Minimum parcel size. The RGCD shall be located upon a parcel of land having a minimum 150 acres of contiguous land, owned separately or combined in an RR District;

(2)

Allowable density. The total number of residential units in the RGCD shall be no greater than 0.51 unit per gross acreage of the project site.

[Amended eff. 11-10-2011 by Ord. No. 854]

(3)

Allowable uses. Permitted uses allowed in the residential golf course development shall consist of the following:

(a)

(b)

Eighteen-hole golf course with a minimum length of 6,000 yards, which may include easements;

(c)

Incidental uses which may be part of operating a premier golf course, which include the following but are not limited:

[1]

Clubhouse;

[2]

Restaurant within the clubhouse;

[3]

Function hall within the clubhouse;

[4]

Putting and/or practice green;

[5]

Driving range;

[6]

Tennis courts;

[7]

Swimming pools;

[8]

Pro shop;

[9]

Lounge;

[10]

Maintenance structures;

[11]

Other uses that the SPGA may approve and which are customarily incidental to operating a golf course.

(d)

Existing public golf courses that apply for and receive an RGCD special permit must remain as a public golf course in perpetuity, or 99 years, whichever is greater.

(4)

Dimensional requirements. The requirements of Article VI of the Comprehensive Zoning Ordinance shall prevail except as hereafter provided.

(a)

The following minimum dimensional requirements shall be met for all lots pursuant to this section:

	RGCD
Minimum lot area	10,000
Minimum frontage	75
Minimum lot width	75
Minimum yard setbacks:
Front	20
Side	10
Rear	20
Maximum height	3 stories for residential 3.5 stories for clubhouse
Maximum building coverage	50%
Maximum dwelling units per building	9
Maximum width of dwelling unit (feet)	20
Maximum separation between buildings (feet)	20

(5)

Other requirements.

(a)

(b)

(c)

The special permit shall contain the following mandatory conditions, with respect to the golf course and nonresidential uses:

[1]

Prior to the issuance of the first occupancy permit for a residential unit, all land dedicated to the golf course shall be:

[a]

Deed-restricted to use as a golf course or conservation uses if the golf course ceases to operate for a period of more than four years.

[b]

Deed-restricted so that no structure shall be erected thereon except as incidental to the uses identified in this section.

[2]

[3]

[4]

[5]

The applicant shall secure its obligation to complete the eighteen-hole golf course by the following:

[a]

[b]

[6]

No occupancy permits shall be issued for the accessory uses until completion of 75% of the golf course.

[7]

[8]

The requirements of the Comprehensive Zoning Ordinance shall prevail except as hereafter provided. The applicant shall be subject to design controls and standards as follow:

[a]

Clubhouse design.

[i]

[ii]

[iii]

[b]

[c]

All cart paths must be paved with a minimum of bituminous concrete, lynpak, paving brick, block, grasscrete or concrete.

[d]

Signage.

[i]

[ii]

[e]

Parking.

[i]

[ii]

[iii]

[f]

[g]

Landscaping. Appropriate trees, understory plantings and lawn areas must be designed by a registered landscape architect. The landscape plan must be approved by the SPGA.

[h]

Other. Areas not specifically addressed in the above design criteria shall include the following:

[i]

Facilities for trash removal for the nonresidential uses of the RGCD shall be screened from view of the primary street and all residential dwelling units.

[ii]

All utilities shall be underground.

(6)

§ 11.15 Frontage exception lots.

Purposes:

(1)

To promote the more efficient use of land;

(2)

To reduce impacts on the natural environment;

Applicability. Frontage exception lots shall be allowed by special permit in the RR, CN, RA, RB, RC, RD and RG Zoning Districts.

Procedural requirements.

(1)

(2)

(1)

The area of the lot to be divided is three times the minimum lot area in that district;

(2)

The frontage for the lot to be divided is, at a minimum, the frontage required for that district;

(3)

The lot to be divided is not split into more than two lots;

(4)

The two newly created lots each contain the minimum area required for that district;

(5)

The two newly created lots each have a minimum of 50% of the frontage required for that district; however, the frontage is not to be less than 50 feet in any district;

(6)

The two newly created lots each have a lot of width of not less than 50 feet at any point between the street and site of the dwelling;

(7)

(8)

There is not more than one other such lot with reduced frontage contiguous to the newly created lots;

(9)

The newly created lots are so located as not to block the possible future extension of a dead-end street;

(10)

The creation of the frontage exception lots will not adversely affect the neighborhood;

(11)

The creation of the frontage exception lots is in harmony with the general purpose and intent of this ordinance;

(12)

No such lot as described above, on which a dwelling is located, shall hereafter be reduced in area or frontage required by this ordinance;

(13)

§ 11.16 Drive-up retail, business or service establishments.

Purposes: to ensure that moving or waiting cars create no hazard or obstruction on a street or parking lot used by the general public.

Applicability.

(1)

A drive-up or walk-up window for a bank, laundry drop, pharmacy, restaurant or the like shall require a special permit from the Community Development Board.

(2)

A drive-up retail, business or service establishment shall be allowed by special permit in the BN, BH, CBD, BL and IL Zoning Districts.

Procedural requirements.

(1)

(2)

Requirements.

(1)

A drive-up retail, business or service establishment shall not constitute a nuisance of any type;

(2)

Access to such drive-up service shall conform to § 6.2E, Yard requirements for all districts;

(3)

A drive-up retail, business or service establishment shall not operate after 12:00 midnight without an additional special permit from the Community Development Board;

(4)

A drive-up retail, business or service establishment must comply with Methuen Municipal Code Article VI, Section 9-61, Regulation of Loudspeakers, Amplifiers and Paging Systems.

§ 11.17 Floodplain District.

All development in the Floodplain District, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with the following:

(1)

780 CMR 744.0 of the Massachusetts State Building Code, which addresses floodplain and coastal high-hazard areas.

(2)

310 CMR 10.00, Wetlands Protection, Department of Environmental Protection (DEP).

(3)

302 CMR 6.00, Inland Wetlands Restriction, DEP.

(4)

Title 5, minimum requirements for the subsurface disposal of sanitary sewage, DEP.

(5)

Methuen Municipal Ordinances.

(1)

(2)

Within Zones AH and AO, adequate drainage paths around structures are required on slopes, to guide floodwaters around and away from proposed structures.

(3)

Existing contour intervals of the site and elevation of existing structures must be included on plan proposals.

(4)

Definitions. As used in this section, the following terms shall have the meanings indicated:

100-YEAR FLOOD

See "base flood".

AREAS OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1 or V1-30, VE or V.

BASE FLOOD

The flood having a 1% chance of being equaled or exceeded in any given year.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

DISTRICT

Floodplain District.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community issued by FEMA where the boundaries of the flood, mudslide (i.e., mudflow) and related erosion areas having special hazards have been designated as Zones A, M and/or E.

FLOOD INSURANCE STUDY

FLOODWAY

See "regulatory floodway".

NEW CONSTRUCTION

REGULATORY FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation.

SPECIAL HAZARD AREA

An area having special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zones A, AO, A1-30, AE, A99, AH, E.

STRUCTURE

(1)

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home, deck or pier.

(2)

SUBSTANTIAL IMPROVEMENT

§ 11.18 Ashford School re-use overlay.

[Added eff. 9-19-2003 by Ord. No. 765]

The purpose is to allow for the re-use of municipal property and structures.

The use shall be limited to multifamily dwelling in accordance with the Comprehensive Zoning Ordinance definitions (apartments or condominiums). All other uses are prohibited.

Housing preference shall be for 55 plus housing, defined as either spouse being 55 or older and their natural or adopted child or where they are guardian of a child if living with them.

The overlay re-use shall require a site plan special permit. The application procedures are described in Article XII.

The following dimensional requirements shall apply:

(1)

Maximum density: one unit per 2,250 square feet.

(2)

Minimum lot area: 43,560 square feet.

(3)

Minimum frontage: 200 feet.

(4)

Minimum lot width: 100 feet.

(5)

Maximum yard setback for:

(a)

Front (x): 40 feet.

(b)

Side (y): 20 feet.

(c)

Rear (z): 50 feet.

(6)

Maximum number of stories: three.

(7)

Maximum height: 40 feet.

(8)

Maximum building coverage: 50%.

The following restrictions shall apply within the Ashford School re-use overlay:

(1)

No changes to facade, except for normal maintenance;

(2)

No change to the footprint of the building;

(3)

No increase in the height of the building or external accessory units such as elevator or HVAC systems;

(4)

No accessory buildings;

(5)

The location, size and number of waste storage facilities, including recycling;

(6)

Trash removal shall be the responsibility of the property owner;

(7)

No satellite dishes or antennas;

(8)

Proposed changes to the above limitations shall be subject to approval by the Mayor.

Limitations.

(1)

Signs:

(a)

One sign to identify name of facility. Sign not to exceed 25 square feet;

(b)

No signs shall be permitted on the building, except unit numbering or directional signs;

(c)

All other signs shall be limited to directional and parking signs;

(d)

Outdoor signs shall not be illuminated unless shielded or filtered;

(e)

Signs that are illuminated shall have lights mounted on top of the sign facing downward to restrict glare;

(f)

Pan and materials to be approved by the Mayor.

(2)

Parking:

(a)

Maximum of two vehicles per unit;

(b)

No commercial vehicles over 3/4-ton capacity;

(c)

Any commercial vehicles serving the facility shall be registered at the premises;

(d)

All parking areas shall be at least eight feet off the property line; within the eight feet may include landscaping, sidewalks and utilities; this provision may be waived or modified by the Mayor.

(e)

Recreational vehicles, trailers, mobile homes and boats are prohibited from being stored on site;

(f)

No parking of unregistered vehicles;

(g)

Handicapped parking shall be provided in accordance with state and local laws;

(h)

Deliveries by commercial vehicles shall be limited to the hours between 7:00 a.m. and 9:00 p.m.

(3)

Outdoor lighting:

(a)

There shall be no lighting fixtures on the building except for the entrances and/or exits;

(b)

Lighting for the parking area shall be limited to lampposts, not to exceed 12 feet in height. Location, design and style of lampposts shall be included in lighting plan;

(c)

All outdoor lighting shall be directed away from abutting residential properties;

(d)

Lighting plan shall be approved by the Mayor.

(4)

Access easement:

(a)

Pedestrian access for public use of fields, courts and play areas to be reserved in deed;

(b)

A twenty-foot-wide perimeter access easement to be retained for the purposes of public access. The easement shall include a sidewalk and landscaping where appropriate;

(c)

There shall be no parking within the easement area without approval by the Mayor;

(d)

There shall be no interference with gate access to fields, play areas, courts or easement access areas;

(e)

Fire lane access to be determined by the Fire Department.

(5)

Site plan. The requirements of Article XII, Site Plan Approval, of the Comprehensive Zoning Ordinance shall apply.

(6)

The provisions of the Ashford School re-use overlay shall supersede all other sections of the Zoning Ordinance except Article XII, Site Plan Approval.

§ 11.19 Forest Lake overlay.

[Added by Ord. No. 773]

The overlay shall be subject to site plan approval by the Community Development Board. The procedural requirements of the application are as follows:

(1)

An original application together with 15 copies and a site plan shall be submitted to the Board.

(2)

(3)

(4)

(5)

(6)

The provisions of this overlay ordinance shall supersede all other conflicting sections of the Zoning Ordinance except Article XII, Site Plan Approval, and Article V, Use Regulations.

§ 11.20 Personal wireless service facilities.

[Added eff. 3-2-1999 by Ord. No. 665]

Purpose and intent.

(1)

(2)

(3)

Definitions. As used in this section, the following terms shall have the meanings indicated:

ABOVE GROUND LEVEL (AGL)

A measurement of height from the natural (existing) grade of a site to the highest point of a structure.

ANCILLARY EQUIPMENT

ANTENNA

The surface from which wireless radio signals are transmitted and received by a personal wireless service facility.

AVAILABLE SPACE

CAMOUFLAGED

A personal wireless service facility that is disguised, hidden or made a part of an existing or proposed structure is considered "camouflaged."

CARRIER

A company that provides wireless services.

CMR

Commonwealth of Massachusetts Regulation.

CO-LOCATION

The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.

CONCEALED

A personal wireless service facility that is placed within an existing or proposed structure so that it is hidden from view is considered "concealed."

DET

Massachusetts Department of Telecommunications and Energy.[1]

DPH

Department of Public Health (Massachusetts).

DUAL-POLARIZED (OR CROSS-POLARIZED) ANTENNA

A low mount that has three panels either flush-mounted or attached very close to the shaft.

ELEVATION

The measurement of height, in feet, above sea level.

ENVIRONMENTAL ASSESSMENT (EA)

The document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.

EQUIPMENT SHELTER

FAA

Federal Aviation Administration.

FALL ZONE

FCC

Federal Communications Commission.

FUNCTIONALLY EQUIVALENT SERVICES

Cellular, personal communication services (PCS), enhanced specialized mobile radio, specialized mobile radio and paging.

GUYED TOWER

A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.

HISTORIC STRUCTURE

A structure listed on the Natural Register of Historic Places or eligible structure for placement on the National Register of Historic Places.

INTERIOR WIRELESS TELECOMMUNICATIONS FACILITY

LATTICE TOWER

A type of mount that is self-supporting with multiple legs and cross bracing of structural steel.

LICENSED CARRIER

A company authorized by the FCC to construct and operate a commercial mobile radio service system.

MAJOR WIRELESS TELECOMMUNICATION FACILITY

Any wireless telecommunications facility that is not a minor wireless telecommunications facility.

MINOR WIRELESS TELECOMMUNICATION FACILITY - TYPE 1

(1)

Any wireless telecommunications facility:

(a)

(b)

(c)

Made of such materials or painted to blend in appearance to the extent practicable with the building or structure upon which it is installed.

(2)

MINOR WIRELESS TELECOMMUNICATIONS FACILITY - TYPE 2

Any wireless telecommunications facility:

(1)

Installed in an existing building or on an existing wireless telecommunications tower; and

(2)

Composed solely of antennas and ancillary telecommunications equipment totally enclosed within an existing building or structure; and

(3)

Installation of antennas and ancillary telecommunications equipment requires no major alteration to the structure; and

(4)

The completed installation of all antennas and ancillary equipment is not visible from a public way.

MONOPOLE

The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.

MOUNT

The structure or surface upon which antennas are mounted, including the following four types of mounts:

(1)

ROOF-MOUNTED

An antenna that is mounted on the roof of a building.

(2)

SIDE MOUNTED

An antenna that is mounted on the side of a building.

(3)

GROUND-MOUNTED

An antenna that is mounted on the ground.

(4)

STRUCTURE-MOUNTED

An antenna that is mounted on a structure other than a building.

OMNIDIRECTIONAL (WHIP) ANTENNA

A thin rod that transmits and receives a signal in all directions.

PANEL ANTENNA

A flat-surface antenna usually developed in multiples.

PERSONAL WIRELESS SERVICE FACILITY

PERSONAL WIRELESS SERVICES

RADIOFREQUENCY (RF) ENGINEER

An engineer specializing in electrical or microwave engineering, especially the study of radiofrequencies.

RADIOFREQUENCY RADIATION (RFR)

REPEATER

A small receiver/transmitter of not more than 20 watts' output designed to provide service to areas which are not able to receive adequate coverage directly from a personal wireless service facility.

SPGA or SPECIAL PERMIT GRANTING AUTHORITY

The Community Development Board.

SCENIC ROAD

To be determined.

SCENIC VISTA

To be determined.

SECURITY BARRIER

A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.

SEPARATION

The distance between one carrier's array of antennas and another carrier's array.

TELECOMMUNICATIONS ACT OF 1996

UTILITY TRANSMISSION TOWER

Any tower that has carried or is capable of carrying lines for the transmission of electricity at a voltage level typically equal to or greater than 69,000 volts.

WETLANDS

As defined in MGL c. 131, § 40 and City of Methuen Ordinances, Chapter 12.

WIRELESS TELECOMMUNICATIONS FACILITY

[1]

Editor's Note: Now the "Department of Telecommunications and Cable."

Municipal regulations.

(1)

Use regulations. A personal wireless service facility shall require a building permit in all cases and may be permitted as follows:

(a)

[1]

[2]

(b)

[1]

A license from the FCC.

[2]

Approvals from the Commonwealth of Massachusetts DPH, Title 105, Chapter 122.000.

[3]

Lease and/or easement agreements from the property owner.

(c)

(2)

Location. Applicants seeking approval for personal wireless service facilities shall comply with the following:

(a)

(b)

(c)

(d)

(3)

Dimensional requirements. Personal wireless service facilities shall comply with the following:

(a)

Height.

[1]

[2]

[3]

[4]

[5]

[6]

[a]

[b]

[7]

Special permit regulations.

(1)

Design standards. All personal wireless service facilities shall comply with the performance standards set forth in this section.

(a)

Tiering.

[1]

It shall be the policy of the City of Methuen to consider applications for special permits to construct a personal wireless service facility on available space in the following order of priority:

[a]

[b]

[c]

Third, personal wireless service facilities that are mounted on available space, including existing personal wireless service facilities.

[2]

(b)

Visibility/Camouflage or concealment. Personal wireless service facilities shall be camouflaged or concealed as follows:

[1]

Camouflage or concealment by existing buildings or structures.

[a]

[b]

[2]

[3]

Color.

[a]

Personal wireless service facilities which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.

[b]

(c)

Equipment shelters. Equipment shelters for personal wireless service facilities shall be reviewed by the Community Development Board, with a preference for the following design standards:

[1]

Equipment shelters shall, as a first preference, be located in underground vaults; or if not, demonstrable evidence offered as to why underground vaulting is impossible; and then

[2]

[3]

(d)

Lighting and signage.

[1]

[2]

(e)

Historic buildings and districts.

[1]

[2]

(f)

[1]

The Visual Overlay District Map shall contain:

[a]

View corridors, or that strip of land within 250 feet of the outer edge of the right-of-way on both sides of State Routes 93, 495, 213.

[b]

Watercourse and water body buffers, or those strips of land within 75 feet average mean high water on all streambeds, quarries, reservoirs and ponds.

[c]

Public open space or all lands reserved for parks, recreation, public schools and playgrounds as well as conservation through public control.

[2]

(g)

Security barriers. A security barrier shall surround all ground-mounted personal wireless facilities.

Environmental standards.

(1)

(2)

(3)

Stormwater run-off from the facility shall be contained on-site.

(4)

Noise.

(a)

Ground-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 decibels at the property line.

(b)

Roof-mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 decibels at ground level at the base of the building closest to the antenna.

(c)

(5)

Health standards.

(a)

General. As proposed, all requirements to protect public health and safety below are specified to ensure a legally defensible position by the City.

(b)

Radiofrequency radiation (RFR) standards.

[1]

[2]

Further, the applicant shall demonstrate that all equipment conforms to 105 CMR 122.000, as amended.

[3]

Application procedures.

(1)

Special permit granting authority. The special permit granting authority (SPGA) for personal wireless service facilities shall be the Methuen Community Development Board.

(2)

(3)

Special permit procedures. All procedures for applying for special permits shall be consistent with, and as provided for, in § 11.3.

(4)

Special permit requirements. The required application for a special permit shall meet the requirements of § 11.2B.

General application filing requirements. The following shall be included with an application for a special permit for all personal wireless service facilities:

(1)

Name, address and telephone number of applicant and any co-applicants, as well as any agents for the applicant or co-applicants.

(2)

Co-applicants shall include the landowner of the subject property, licensed carriers and tenants for the personal wireless service facility.

(3)

A licensed carrier must be either an applicant or a co-applicant.

(4)

Location filing requirements:

(1)

Identify the subject property by including the City as well as the name of the locality, name of the nearest road or roads and street address, if any.

(2)

Assessor's map and parcel number of subject property.

(3)

Zoning district designation for the subject parcel (submit copy of City Zoning Map with parcel identified).

(4)

(5)

A City-wide map showing other existing personal wireless service facilities in the City and outside the City within two miles of its corporate limits.

(6)

The proposed locations of all existing and future personal wireless service facilities in the City on a City-wide map for this carrier.

Siting filing requirements. In addition to the requirements of § 11.3, the applicant will provide a one inch equals 40 feet vicinity plan showing the following:

(1)

Property lines of all properties adjacent to the subject property within 300 feet.

(2)

Tree cover on the subject property and adjacent properties within 300 feet, by dominant species and average height, as measured by or available from a verifiable source.

(3)

Proposed location of antenna, mount and equipment shelter(s).

(4)

Proposed security barrier, indicating type and extent as well as point of controlled entry.

(5)

Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet, including driveways proposed to serve the personal wireless service facility.

(6)

Distances, at grade, from the proposed personal wireless service facility to each building on the vicinity plan.

(7)

A topographic map at two-foot contours for the subject property and adjacent properties within 300 feet.

(8)

All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.

(9)

(10)

Plan lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from Subsection I(12), regarding sight lines, below.

(11)

(a)

Topography, public and private roads, buildings and structures, bodies of water and landscape features; and

(b)

Areas which are likely to have views of the facility based on terrain characteristics, including openness, elevation and slope.

(12)

Sight lines and photographs as described below:

(a)

(b)

Existing ("before" condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch photograph of what can currently be seen from any public road within 300 feet.

(c)

(13)

(14)

Security barrier. If the security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.

(15)

Any and all structures on the subject property.

(16)

Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.

(17)

Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.

Design filing requirements.

(1)

(2)

(3)

(4)

(5)

(6)

Landscape plan, including existing trees and shrubs and those proposed to be added, identified by size of specimen and species.

(7)

(8)

(1)

Existing or ambient: the measurements of existing noise.

(2)

(3)

As proposed, all requirements are specified to ensure a legally defensible position by the City.

(1)

(a)

Existing or ambient: the measurements of existing RFR.

(b)

Existing plus proposed personal wireless service facilities: maximum estimate of RFR from the proposed personal wireless service facility plus the existing RFR environment.

(c)

Certification signed by an RF engineer stating that RFR measurements are accurate and meet FCC Guidelines as specified in the radiofrequency radiation standards in Subsection E(5)(b) of this section.

(d)

Radiation pattern of the proposed antenna in the horizontal and vertical planes.

(2)

A report of the monitoring results shall be prepared by the independent consultant and submitted to the City Council, Board of Health, Community Development Board, Building Inspector and City Clerk.

Federal environmental filing requirements.

(1)

The applicant must provide evidence to the SPGA that it has filed all required applications with the federal government which are required for approval of a personal wireless communication facility.

(2)

(3)

(4)

Co-location.

(1)

(a)

A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;

(b)

Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.

(2)

(3)

(4)

(1)

Change in the number of facilities permitted on the site.

(2)

Change in the technology used for the personal wireless service facility.

(3)

The applicant and/or co-applicant wants to add any equipment or additional height not specified in the original design filing.

Monitoring and maintenance.

(1)

As proposed, the City specifies all requirements to ensure legally defensible position.

(2)

(3)

A report of the monitoring results shall be prepared by the independent consultant and submitted to the City Council, Board of Health, Community Development Board, Building Inspector and City Clerk.

(4)

(5)

Abandonment or discontinuation of use.

(1)

(2)

(a)

Removal of antennas, mount, equipment shelters and security barriers from the subject property.

(b)

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

(c)

Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the "after" condition.

(d)

(e)

Such a performance bond shall only be deposited in an enterprise account, so labeled and established for the sole purpose of removing an abandoned or discontinued facility.

(f)

In the absence of an enterprise account, the Building Inspector may request removal authority and sufficient funds from the Methuen City Council.

Provision for fire safety and rescue.

(1)

(a)

Training Fire Department personnel on accessing high structures with conventional fire-fighting methods and equipment.

(b)

Purchasing any new equipment necessary to improve the City of Methuen's ability to suppress emergencies and rescue personnel on high, freestanding structures.

(2)

The Methuen Fire Department shall establish an enterprise account for the purposes set forth above.

(3)

All applicants shall contribute to the Fire Safety and Rescue Enterprise Account for personal wireless service facilities on a pro-rated basis.

Regulation compliance. Failure to comply with any regulations under the special permit shall be grounds for removal of noncomplying structures, buildings and devices, at the owner's expense.

§ 11.21 Open space residential developments.

Purpose and intent.

(1)

The primary purposes for open space residential development (OSRD) are the following:

(a)

To allow for greater flexibility and creativity in the design of residential developments;

(b)

(c)

(d)

To minimize the total amount of disturbance on the site;

(e)

To further the goals and policies of the City of Methuen Master Plan;

(f)

To facilitate the construction and maintenance of housing, streets, utilities and public service in a more economic and efficient manner;

(g)

To encourage the use of low-impact development (LID) design techniques in an effort to reduce the effects of development on the environment and encourage natural recharge of water resources;

(h)

To further the goals of the City of Methuen to create and provide affordable housing for persons of low and moderate income.

(2)

The secondary purposes for OSRD are the following:

(a)

To preserve and enhance the community character;

(b)

To preserve and protect agriculturally significant land;

(c)

To protect the value of real property;

(d)

To protect community water supplies;

(e)

To provide for a diversified housing stock;

Eligibility.

(1)

Minimum size of tract. To be eligible for consideration as an OSRD, the tract shall contain a minimum of three acres.

(2)

Zoning classification. Only those tracts located in the CN, RR, RA, RB, RC, RD and RG Districts shall be eligible for consideration as an OSRD.

(3)

Contiguous parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of contiguous parcels.

(4)

Pre-application.

(1)

(2)

The Community Development Board shall adopt rules and regulations relative to the size, form, number and contents of the plans to be submitted for a pre-application review.

(1)

(2)

(3)

(4)

Step Four: Lot Lines. Draw in the lot lines.

Procedures.

(1)

(2)

(3)

Relationship between the concept plan and OSRD subdivision plan.

(a)

(b)

[1]

An increase in the number of building lots;

[2]

A significant decrease in the open space acreage;

[3]

A significant change in the lot layout;

[4]

A significant change in the general development pattern which adversely affects natural landscape features and open space preservation;

[5]

Significant changes to the stormwater management facilities; and/or

[6]

Significant changes in the wastewater management systems.

(c)

(d)

(e)

(4)

(5)

(6)

Other information.

(a)

(b)

All OSRD subdivisions must be served with public water and public sewer services.

Basic maximum number of lots.

(1)

Reduction of dimensional requirements.

(1)

Flexible (zero-lot-line).

(a)

The Community Development Board encourages applicants to modify lot size, shape and other dimensional requirements for lots within an OSRD, subject to the following limitations:

[1]

[2]

There shall be no less than 20 feet between structures and no less than a twenty-foot front and rear setback.

(b)

The Community Development Board may waive these provisions if it furthers the intent of the ordinance and is not more detrimental to the neighborhood.

(1)

(a)

(b)

(c)

(d)

(e)

Ownership of the open space. The open space shall, at the Community Development Board's election, be conveyed to:

[1]

The town or its Conservation Commission;

[2]

A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above;

[3]

(2)

Affordable housing. A minimum of 10% of the number of units allowed shall be affordable units as that term is defined in eligibility standards as set forth in § 11.11B and E hereof.

(a)

(b)

The SPGA, as a condition of a special permit, may require the applicant to build a specified number of affordable units before the issuance of all of the building permits for the project.

(c)

The affordable units shall be restricted in perpetuity by a recorded deed restriction.

(d)

The mandatory affordable units shall be in addition to the bonus affordable units as set forth in Subsection L hereof.

Design standards. The following generic and site-specific design standards shall apply to all OSRDs and shall govern the development and design process:

(1)

Generic design standards.

(a)

(b)

(c)

(d)

All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties.

(e)

(2)

Site-specific design standards.

(a)

(b)

(c)

(d)

(e)

Screening and landscaping. All structural surface stormwater management facilities shall be accompanied by a conceptual landscape plan.

(f)

(g)

Disturbed areas. Not more than 5% of the open space shall be disturbed areas. A disturbed area is any land not left in its natural vegetated state.

(1)

Whether the OSRD achieves greater flexibility and creativity in the design of residential developments than a conventional plan;

(2)

(3)

(4)

Whether the OSRD reduces the total amount of disturbance on the site;

(5)

Whether the OSRD furthers the goals and policies of the Master Plan;

(6)

Whether the OSRD facilitates the construction and maintenance of streets, utilities and public services in a more economical and efficient manner.

(7)

Whether the concept plan and its supporting narrative documentation complies with all sections of this Zoning Ordinance.

(1)

(a)

(b)

(c)

(d)

[1]

§ 11.22 Billboards.

Applicability. An application for a billboard special permit shall be allowed in the BH and IL Zoning Districts.

Applications.

(1)

(2)

Applications for billboard special permits shall be completed and filed in accordance with the rules and regulations of the SPGA, in addition to the general requirements of § 11.2B.

Criteria. In addition to the special permit criteria as set forth in § 11.2B hereof, the applicant shall:

(1)

Demonstrate compliance with the Outdoor Advertising Board Regulations, as amended;

(2)

Demonstrate that the proposed location does not adversely interfere with the uses of adjacent properties;

(3)

Demonstrate that the proposed billboard does not cause an adverse shadow or flicker on adjacent properties;

(4)

Demonstrate that the proposed location does not cause any noise on adjacent properties such that the increased noise is in violation of any state regulation or local noise ordinance; and

(5)

[1]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

[2]

Editor's Note: Appendix D is included as an attachment to this chapter.

Prohibitions. No billboard permitted hereunder shall have any moving parts.

§ 11.23 Historic preservation special permits (HPSP).

[Added eff. 9-2-2014 by Ord. No. 883]

Purpose. The general objectives of this section are to:

(1)

Encourage preservation of buildings or structures of historical or architectural significance, in concert with the goals and policies of the Methuen Master Plan.

(2)

Encourage the restoration of existing historic buildings and structures in the community.

(3)

Establish eligibility criteria for buildings or structures of historical or architectural significance attaining protected status.

(4)

Expand economic options for the owner/investor, by broadening the permitted uses in various zoning districts and removing barriers presented by development standards governing those permitted uses.

(5)

Permit the flexibility of development options by modifying dimensional requirements that might be an impediment to historic preservation.

(6)

Preserve and enhance community character.

Applicability. An application for an historic preservation special permit shall be allowed in all zoning districts.

Special permit granting authority. The Community Development Board shall be the special permit granting authority (SPGA) for an historic preservation special permit (HPSP).

Historic eligibility. Any historic building or structure, as defined below, may qualify for eligibility under this section if:

(1)

It is included on any of the following lists or surveys or meets the following criteria:

(a)

National Register of Historic Places or pending nominations in good standing;

(b)

State (Commonwealth of Massachusetts) Register of Historic Places or pending nominations in good standing;

(c)

Inventory of Historic Assets of the Commonwealth for the City of Methuen, or designated for inclusion in said inventory; including those buildings listed for which complete surveys may be pending;

(d)

Properties in existence on or before 100 years from the date of the application for an historic preservation special permit;

(e)

Properties within the Searles Nevins Tenney Historic District; and

(2)

It has been determined by a vote of the Methuen Preservation Committee to be historically or architecturally significant.

Findings required.

(1)

In order to grant a special permit, the SPGA shall determine:

(a)

(b)

That the proposed renovation, repair, additions, adaptive reuse or removal preserves, to the maximum extent feasible, the historical and architectural features of the building or structure;

(c)

That failure to grant the special permit is likely to result in inappropriate use or physical modification or pursuit of a demolition permit; and

(d)

That the proposed use will not generate negative impacts to the surrounding area or zoning district or that any negative impacts generated may be feasibly mitigated.

(2)

Parent parcel. The parent parcel is the original parcel of land containing the historically or architecturally significant building or structure.

Special permit for a use on the parent parcel.

(1)

The SPGA may grant a special permit to authorize certain uses, listed below, not otherwise allowed in the Table of Use Regulations for the zoning district of the parent parcel.

(2)

The following uses, as defined in this Zoning Ordinance, may be allowed in any zoning district by special permit:

(a)

Single-family dwelling.

(b)

(c)

Conversion of municipal buildings to residential use.

(d)

Office, general.

(e)

Office, medical.

(f)

Hospice facility.

(g)

Funeral parlor.

(h)

Customary home occupation. The SPGA may allow greater than 25% of the existing gross floor area of the dwelling unit and/or more than 700 square feet to be devoted to such use.

(i)

Assisted living.

(j)

Nursing/Rest home, long-term care facility.

(3)

(4)

Special permit for the creation of one new lot from the parent parcel.

(1)

The SPGA may grant a special permit to modify certain dimensional standards for the creation of one new lot from the parent parcel.

(2)

[1]

Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.

(3)

(4)

(5)

Special permit for the construction of one additional dwelling unit on the parent parcel.

(1)

The SPGA may grant a special permit authorizing the construction of one additional dwelling unit on the parent parcel.

(2)

[2]

Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.

(3)

Relocation of an existing historic building or structure.

(1)

(2)

(3)

Procedural requirements. The following shall be submitted to the Community Development Board as part of the application process:

(1)

Applications, site plans, architectural plans and other documents as may be required in accordance with the rules and regulations of the Board.

(2)

(3)

A statement detailing all of the proposed changes to be made to the historic building or structure. The SPGA may seek input from the Historic District Commission regarding any proposed changes.

(4)

(5)

Conditions to be imposed on all HPSPs.

(1)

(2)

The applicant shall take all actions necessary to have the parent parcel included in the Methuen Historic District as required by MGL c. 40C.

(3)

(4)

(5)

The SPGA may require performance guarantees to ensure completion of the requirements of this special permit.

(6)

In the event of a catastrophic event which results in damage to the historic building or structure such that it cannot be repaired, the owner may rebuild on the lot, provided that:

(a)

The new dwelling does not contain more than the same interior floor area as the historic building or structure and meets one of the following requirements:

[1]

The new dwelling is placed in the existing footprint; or

[2]

The new dwelling is built in conformity with the zoning side, front and rear setbacks in effect at the time of rebuilding.

(b)

§ 11.24 Registered marijuana dispensaries (RMD) and off-site medical marijuana dispensaries (OMMD).

[Added eff. 6-15-2015 by Ord. No. 890]

[1]

Editor's Note: MGL c. 94C, App. § 1-1 et seq. was repealed in 2017. See now MGL c. 94G and c. 94I.

MARIJUANA-INFUSED PRODUCT (MIP)

OFF-SITE MEDICAL MARIJUANA DISPENSARY (OMMD)

REGISTERED MARIJUANA DISPENSARY (RMD)

(1)

(2)

[2]

Editor's Note: See now 935 CMR 500 et seq.

[3]

Editor's Note: See now 935 CMR 500.002, 501.002 or 502.002.

[4]

Editor's Note: See now 935 CMR 500 et seq.

[5]

Editor's Note: See now 935 CMR 500 et seq.

(1)

Use.

(a)

[6]

Editor's Note: See now 935 CMR 500 et seq.

(b)

Consumption of marijuana on the premises or grounds of any RMD or OMMD is prohibited in accordance with 105 CMR (N)(8)725.105.[7]

[7]

Editor's Note: See now 935 CMR 500 et seq.

(2)

Location.

(a)

[8]

Editor's Note: See now 935 CMR 500 et seq.

(b)

(c)

No RMD or OMMD facility shall be located inside a building containing residential units, including transient housing such as lodging houses, motels and dormitories.

(d)

(e)

Special permit granting authority. The Community Development Board shall be the special permit granting authority (SPGA) for an RMD and OMMD special permit.

Application.

(1)

In addition to the materials required in Article XI, Special Permits, the applicant shall include:

(a)

Application in a form and manner as set forth in the rules and regulations of the Community Development Board.

(b)

The name and address of each owner of the RMD or OMMD facility/operation.

(c)

A copy of the RMD certificate of registration from the Massachusetts Department of Public Health (DPH).

(d)

(e)

A detailed floor plan of the premises that identifies the square footage available and describes the functional areas of the RMD or OMMD, including areas for any preparation of MIPs.

(f)

Design and appearance of proposed buildings, structures, freestanding signs, screening and landscaping and lighting.

(g)

(h)

If the RMD intends to produce MIPS, a description of the types and forms of MIPs that the RMD intends to produce, and the methods of production as approved by the DPH.

(i)

A copy of the detailed written operating procedures required by 105 CMR 725.105(A)[9] approved by DPH, which shall include but not be limited to provisions for:

[1]

Security measures in compliance with 105 CMR 725.110.

[2]

Employee security policies, including personal safety and crime prevention techniques.

[3]

A description of the RMD's or OMMD's hours of operation and after-hours information, which shall be made available to law enforcement officials.

[4]

Storage of marijuana in compliance with 105 CMR 725.105(d).

[5]

Emergency procedures, including a disaster plan with procedures to be followed in case of fire or other emergencies.

[6]

Written policies and procedures for the production and distribution of marijuana, which shall include but not be limited to:

[a]

Policies and procedures for patient or personnel caregiver home delivery.

[b]

Policies and procedures for the transfer, acquisition or sale of marijuana between RMDs and OMMDs.

[9]

Editor's Note: See now 935 CMR 500 et seq.

(j)

A description of any waivers from DPH regulations issued for the RMD.

(2)

(3)

The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the RMD.

The special permit shall lapse upon the expiration or termination of the applicant's registration by DPH.

§ 11.25 Recreational marijuana establishments.

[Added 2-14-2019 by Ord. No. 933]

Definitions. As used in this section, the following terms shall have the meanings indicated:

MARIJUANA ACCESSORIES

MARIJUANA or MARIHUANA

(1)

(2)

Hemp; or

(3)

The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

MARIJUANA PRODUCTS

MARIJUANA RETAILER

RECREATIONAL MARIJUANA ESTABLISHMENT

Methuen City Zoning Code

ARTICLE XI

Special Permits

§ 11.1 Purpose and intent.

§ 11.2 Designation of special permit granting authorities.

[Amended eff. 3-6-1996 by Ord. No. 565]

[1]

Editor's Note: See the Table of Use Regulations, included as an attachment to this chapter.

(1)

Social, economic or community needs which are served by the proposal;

(2)

Traffic flow and safety, including parking and loading;

(3)

Adequacy of utilities and other public services;

(4)

Neighborhood character and social structures;

(5)

Impacts on the natural environment;

(6)

Potential fiscal impact, including impact on City services, tax base and employment. Said analysis shall conform with the rules and regulations of the SPGA; and

(7)

Consistency with the most recent City of Methuen Master Plan.

Plans. Plans shall be filed in accordance with the rules and regulations of the SPGA.

Regulations. The SPGA may adopt rules and regulations for the administration of this article.

§ 11.3 Special permit procedures.

[Amended eff. 7-6-1993 by Ord. No. 473]

If the Zoning Board of Appeals is acting as the SPGA, the application shall be filed with the City Clerk, who shall transmit it forthwith to the Zoning Board of Appeals for action.

If any other agency allowed by the Zoning Act is acting as the SPGA, the application shall be made to that agency and the applicant shall also transmit a copy to the City Clerk.

No special permit shall be granted until after a duly advertised public hearing as specified in MGL c. 40A, § 11, provided the public hearing is held within 65 days of the date of application.

Special permits shall be decisions shall be made and issued in accordance with the procedures set forth in MGL c. 40A, § 9.

Upon granting or denying a special permit the SPGA shall forthwith:

(1)

File a copy of the decision with the Community Development Board and City Clerk;

(2)

Mail a certified copy of its decision to the owner, and applicant if other than the owner;

(3)

Send a notice of the decision to the parties of interest and to persons who requested a notice at the public hearing;

(4)

Within 14 days, file copies of the detailed record of its proceedings with the Office of the City Clerk; and

(5)

Specify that appeals, if any, shall be made pursuant to Section 17 of the Zoning Act[1] and shall be filed within 20 days after the date of filing of such notice with the City Clerk.

[1]

Editor's Note: See MGL c. 40A, § 17.

A special permit shall not take effect until:

(1)

The City Clerk certifies on a copy of the decision that 20 days have elapsed without filing of an appeal or that any appeal filed has been dismissed or denied.

(2)

Site plan requirements. All site plans shall be prepared in accordance with the rules and regulations of the SPGA unless otherwise required herein.

§ 11.4 Consultative review.

§ 11.5 Planned unit developments.

Purposes:

(1)

To promote the more efficient use of land.

(2)

To permit the planned mixture of attached and multifamily residences and certain types of convenience commercial uses.

(3)

To meet the affordable housing needs of the City and to promote diverse and energy-efficient housing at a variety of costs.

Applicability. An application for a planned unit development special permit shall be allowed in the MA, MB, CBD, and BL Zoning Districts.

Procedural requirements.

(1)

Application. Applicants for a special permit for a planned unit development shall submit to the Community Development Board in accordance with the rules and regulations of the Board.

(2)

(3)

Requirements. A planned unit development shall conform to the following requirements:

(1)

Minimum tract size. The development shall contain a minimum of 10 acres of land.

(2)

Allowable density. The development shall comply with the maximum density requirements for the zoning district in which the development will be located.

(a)

The maximum gross density of dwelling units (du) per gross acre of land for the applicable zoning district shall be as follows:

District	Maximum Gross Density of Dwelling Units
MA	2 du
MB	4 du
CBD	8 du
BL	4 du

(b)

A density bonus may be approved by the Community Development Board in accordance with § 11.11 hereof.

(3)

Allowable uses:

(a)

Detached, attached and multifamily dwelling units and up to three convenience commercial establishments per 100 dwelling units shall be allowed.

(b)

(4)

Dimensional and other requirements.

(a)

[1]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

(b)

The convenience commercial establishments shall be grouped together unless waived by the Community Development Board.

(c)

(d)

Dimensional controls for the convenience commercial area shall be at least the minimums set forth in § 6.4 for the BN Zoning District.[2]

[2]

Editor's Note: See the Table of Dimensional Regulations, included as an attachment to this chapter.

(e)

(f)

(5)

Open space requirements.

(a)

(b)

(c)

The open space land included in a planned unit development shall be set aside as common land covenanted to be maintained as permanent common land in private, cooperative and/or public ownership.

(d)

(e)

(f)

Any open space land to be deeded to the City shall contain at least 100 feet of frontage along a public way.

§ 11.6 Multifamily and attached dwelling developments.

Purposes:

(1)

To allow the more efficient use of land.

(2)

To provide a diversity of housing types at a variety of costs.

(3)

To meet the affordable housing needs of the City.

Applicability. An application for multifamily and/or attached dwellings development special permit shall be allowed in the MA, MB, CBD and BL Zoning Districts.

Procedural requirements.

(1)

(2)

Requirements. A multifamily and/or attached dwellings development shall conform with the following requirements:

(1)

Minimum lot area. The minimum lot area for multifamily and attached dwellings developments shall be as follows:

(a)

MA and BL: 130,680 square feet.

(b)

MB: 43,560 square feet.

(c)

CBD: 20,000 square feet.

(2)

Allowable density. The development shall comply with the maximum density requirements for the zoning district in which the development will be located.

(a)

The maximum gross density of dwelling units (du) per gross acre of land for the applicable zoning district shall be as follows:

District	Maximum Gross Density of Dwelling Units
MA	2 du
MB	4 du
CBD	8 du
BL	4 du

(b)

A density bonus may be approved by the Community Development Board in accordance with § 11.11 hereof.

(3)

Allowable uses: detached, attached and multifamily dwellings as described in Article II hereof.

(4)

(a)

The development shall be subject, if applicable, to approval under the Methuen Subdivision Control Regulations.

(b)

The proposed development shall be served by both public water and sewerage systems.

(c)

(d)

(e)

(f)

The Community Development Board may require a buffer screen of up to 10 feet in width and six feet in height to be installed and/or maintained around the perimeter of the development by the owner of the development. (See Article II for definition of "buffer screen.")

(g)

No open parking or driveway shall be closer than 12 feet to a wall containing windows to habitable rooms of a dwelling unit which is on the ground floor or basement floor.

(h)

(i)

The minimum parking, loading and sign regulations shall be as specified in Articles VI, VII and VIII.

(j)

(k)

(l)

[1]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

(5)

Open space requirements.

(a)

(b)

(c)

(d)

(e)

If a corporation, trust or association method of ownership of open space land is to be used, the articles of the corporation, trust or association shall be submitted to the Community Development Board prior to final approval of the special permit and shall specify that ownership thereof shall pass with the conveyances of the lots or residential units. In any case where such open space land is not conveyed to the City, a restriction enforceable by the City of Methuen shall be recorded providing that such land shall be kept in an open or natural state and not be built upon or developed for accessory uses as parking or roadway. All such open space land shall be restricted by deed from all future building. Said deed shall be approved by the Community Development Board.

(f)

Any open space land to be deeded to the City shall contain at least 100 feet of frontage along a public way.

§ 11.7 Unimproved ways.

Purposes: to protect the health, safety, convenience and welfare of the public by ensuring the adequate design and construction of ways.

Procedural requirements.

(1)

(2)

Requirements.

(1)

The construction, extension, alteration, widening or relocation of a way shall conform with the following requirements:

(a)

(b)

(c)

No new subdivision lots shall be shown on the site plan.

(d)

Prior to the start of construction, a bond agreement including a deposit shall be executed between the Community Development Board and the applicant(s).

(e)

(2)

The Community Development Board may waive any of the requirements specified in Subsection D(1) for the benefit and welfare of the community.

§ 11.8 Mixed-use developments.

Purposes:

(1)

To promote a better utilization of existing buildings and properties by allowing a mixture of residential and commercial uses in the same building.

(2)

To meet the affordable housing needs of the City.

(3)

To promote diverse and energy-efficient housing at a variety of costs.

Procedural requirements.

(1)

(2)

Requirements. A mixed-use development shall comply with the following requirements:

(1)

Allowable density. The residential portion of the development shall comply with the maximum density requirements for the zoning district in which the development will be located.

(a)

The maximum gross density of dwelling units (du) per gross acre of land for the applicable zoning district shall be as follows:

District	Maximum Gross Density of Dwelling Units
CBD	8 du
BL	4 du
BH	Per Dimensional Table[1]

[1]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

(b)

A density bonus may be approved by the Community Development Board in accordance with § 11.11 hereof.

(2)

[2]

Editor's Note: See the Table of Use Regulations included as an attachment to this chapter.

(3)

Dimensional and other requirements.

(a)

The minimum dimensional controls for the zoning district in which the development will be located shall be as follows:

	CBD (1)	BL, BN and BH
Minimum lot area (square feet)	20,000	Per Dimensional Table[3]
Minimum frontage	80
Minimum lot width	80
Minimum yard setbacks:
Front	10
Side	10
Rear	10
Maximum number of stories	3
Maximum height	35
Maximum building coverage	50%
Minimum usable open space	0%

(1) These are by-right dimensional requirements for the CBD Zoning District; otherwise, a mixed use in the CBD requires a special permit.

[3]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

(b)

The minimum parking, loading and sign regulations shall be as specified in Articles VI, VII and VIII.

(c)

§ 11.9 Wind energy conversion facilities.

Applicability.

(1)

(2)

Any physical modifications to existing wind energy conversion facilities that materially alter the type or increase the size of such facilities or other equipment shall require a special permit.

Definitions. As used in this section, the following terms shall have the meanings indicated:

HEIGHT

The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point, or blade-tip height.

ON-SITE WIND FACILITY

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment.

SPECIAL PERMIT GRANTING AUTHORITY

The special permit granting authority shall be the Community Development Board.

SUBSTANTIAL EVIDENCE

Such evidence as a reasonable mind might accept as adequate to support a conclusion.

UTILITY-SCALE WIND FACILITY

A commercial wind facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.

WIND ENERGY CONVERSION FACILITY

WIND-MONITORING OR METEOROLOGICAL TOWER

A temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.

WIND TURBINE

A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body and a rotor with two or more blades.

General requirements.

(1)

Special permit granting authority.

(a)

[1]

The specific site is an appropriate location for such use;

[2]

The use is not expected to adversely affect the neighborhood;

[3]

There is not expected to be any serious hazard to pedestrians or vehicles from the use;

[4]

No nuisance is expected to be created by the use; and

[5]

Adequate and appropriate facilities will be provided for the proper operation of the use.

[1]

Editor's Note: See the Table of Use Regulations included as an attachment to this chapter.

(b)

(2)

(3)

(4)

General siting standards.

(1)

Height. Wind energy conversion facilities shall be no higher than 400 feet above the current grade of the land, provided that wind energy conversion facilities may exceed 400 feet if:

(a)

The applicant demonstrates by substantial evidence that such height reflects industry standards for a similarly sited wind facility;

(b)

Such excess height is necessary to prevent financial hardship to the applicant, and

(c)

The facility satisfies all other criteria for the granting of a special permit under the provisions of this section.

(2)

Setbacks.

(a)

Each wind energy conversion facility and its associated equipment shall comply with the minimum setback provisions of the zoning district in which the facility is located; and

(b)

(c)

Design standards.

(1)

(2)

Lighting and signage.

(a)

(b)

Signage. Signs on the wind facility shall comply with the requirements of the town's sign regulations, and shall be limited to:

[1]

Those necessary to identify the owner, provide a twenty-four-hour emergency contact phone number and warn of any danger.

[2]

Educational signs providing information about the facility and the benefits of renewable energy.

(c)

Advertising. Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.

(d)

(e)

(f)

Support towers. Only monopole tower style wind energy conversion facilities shall be allowed.

Safety, aesthetic and environmental standards.

(1)

Emergency services and unauthorized access.

(a)

(b)

Wind turbines or other structures part of a wind facility shall be designed to prevent unauthorized access.

(2)

(3)

Noise.

(a)

[1]

Increases the broadband sound level by more than 10 dB(A) above ambient; or

[2]

Produces a "pure tone" condition, when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by three decibels or more.

(b)

(4)

Monitoring and maintenance.

(1)

(2)

Modifications. All material modifications to a wind facility made after issuance of the special permit shall require approval by the SPGA as provided in this section.

Abandonment and decommissioning.

(1)

(a)

Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.

(b)

Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations.

(c)

(2)

(3)

Term of special permit.

(1)

(2)

The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

Application process and requirements.

(1)

Application procedures.

(a)

General. The application for a wind facility shall be filed in accordance with the rules and regulations of the SPGA concerning special permits.

(b)

Application. Each application for a special permit shall be filed by the applicant with the City Clerk pursuant to MGL c. 40A, § 9.

(2)

Required documents.

(a)

[1]

Name, address, phone number and signature of the applicant, as well as all co-applicants or property owners, if any.

[2]

The name, contact information and signature of any agents representing the applicant.

[3]

Documentation of the legal right to use the wind facility site, including the requirements set forth in Subsection K(3)(b)[1] of this section.

(3)

Siting and design. The applicant shall provide the SPGA with a description of the property which shall include:

(a)

(b)

Site plan. A one inch equals 200 feet plan of the proposed wind facility site, with contour intervals of no more than 10 feet, showing the following:

[1]

Property lines for the site parcel and adjacent parcels within 300 feet.

[2]

[3]

Location of all roads, public and private, on the site parcel and adjacent parcels within 300 feet, and proposed roads or driveways, either temporary or permanent.

[4]

Existing areas of tree cover, including average height of trees, on the site parcel and adjacent parcels within 300 feet.

[5]

Proposed location and design of wind facility, including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access, fencing, exterior lighting, etc.

[6]

Location of viewpoints referenced below in Subsection K(3)(c) of this section.

(c)

[1]

[2]

All view representations will include existing, or proposed, buildings or tree coverage.

[3]

Include description of the technical procedures followed in producing the visualization (distances, angles, lens, etc.).

(d)

[1]

Wind energy conversion facility and, if applicable, security barrier and associated equipment, with total elevation dimensions of all parts of facilities.

[2]

Security barrier. If the security barrier will block views of the wind energy conversion facility, the barrier drawing shall be cut away to show the view behind the barrier.

[3]

Any and all structures on the subject property.

[4]

Existing trees at current height and proposed trees at proposed height at time of installation, with approximate elevation dimensions.

[5]

Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.

(e)

(f)

(g)

Compliance documents. If required under previous sections of this section, the applicant will provide with the application:

[1]

A description of financial surety that satisfies Subsection I(3) of this section;

[2]

Proof of liability insurance that satisfies Subsection D(3) of this section;

[3]

Certification of height approval from the FAA;

[4]

A statement that satisfies Subsection G(3), listing existing and maximum projected noise levels from the wind facility.

(h)

(i)

Independent consultants. Upon submission of an application for a special permit, the special permit granting authority will be authorized to hire outside consultants, pursuant to MGL c. 44, § 53G.

(j)

§ 11.10 Adult entertainment facilities.

[Added eff. 3-6-1996 by Ord. No. 565]

Purpose:

(1)

To protect the health, safety and welfare of the public.

(2)

To ensure the proper location of adult entertainment facilities in relation to residential areas and liquor establishments.

(3)

To minimize the impact to residential properties.

Procedural requirements.

(1)

(2)

Requirements.

(1)

(2)

(3)

(4)

(5)

(6)

§ 11.11 Affordable housing density bonuses.

[Amended eff. 7-29-2006 by Ord. No. 803]

Purpose: to encourage the inclusion of affordable housing in all new multifamily, attached dwelling, planned unit and mixed-use developments.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AFFORDABLE HOUSING

ELIGIBLE HOUSEHOLD

Procedural requirements.

(1)

(2)

Affordable housing requirements.

(1)

(2)

The following income classifications shall be used when describing low and moderate income levels: low and moderate income: 50% to 80% of SMSA median income.

(3)

(4)

The Community Development Board shall have the right to determine the number and maximum sale price of the affordable units that will be offered to low- and moderate-income eligible households.

(5)

Special Permit	Percent Density Bonus
Multifamily	Up to 100%
Attached dwelling	Up to 100%
Planned unit development	Up to 100%
Mixed-use development	Up to 100%

(6)

Zoning District	Current Allowable Density (units/acre)	Maximum Density Bonus (units/acre)	Maximum Allowable Density (units/acre)
MA	2	2	4
MB	4	4	8
CBD	8	8	16
BL	4	4	8

(7)

No special permit shall provide for the increase or doubling of the number of housing units permitted under the maximum allowable density specified above.

(8)

(9)

(10)

(11)

(12)

(13)

The Community Development Board may require that in lieu of all or some of the affordable units being provided within the development, the applicant shall:

(a)

(b)

(c)

Provide all or some of the required affordable housing through a combination of any or all of the methods in this subsection.

(14)

Enforcement.

(1)

(2)

(3)

(4)

(5)

(6)

§ 11.12 Parking in Central Business District.

Purpose: to provide relief from the requirements for off-street parking listed in Article VIII when the enforcement of these requirements proves to be infeasible.

Applicability. An application for parking in the CBD special permit shall be allowed only in the CBD Zoning District.

Procedural requirements.]

(1)

(2)

Requirements. Parking in the CBD special permit shall comply with the following requirements:

(1)

(2)

All reductions in parking spaces shall be supported by evidence of nonfeasibility due to the lack of suitable land, design considerations or other similar factors.

§ 11.13 Business complexes and shopping centers.

Purposes:

(1)

To protect the health, safety and welfare of the public.

(2)

To allow the development of one or more buildings containing more than one type of allowed or allowable business use on a single lot.

(3)

Applicability.

(1)

(2)

Procedural requirements.

(1)

(2)

Requirements.

(1)

[1]

Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.

(2)

The business complex or shopping center shall comply with the minimum parking, loading and sign regulations as specified in Articles VI, VII and VIII.

(3)

The Community Development Board may require a buffer screen of up to 10 feet in width and six feet in height to be installed and/or maintained around the perimeter of the development by the owner of the development. (See Article II for definition of "buffer screen.")

§ 11.14 Residential golf course developments.

[Added eff. 5-22-2003 by Ord. No. 752; amended eff. 3-24-2005 by Ord. No. 785; eff. 5-19-2005 by Ord. No. 786]

(1)

The general purpose of the comprehensive zoning ordinance;

(2)

The preservation of open space;

(3)

A more creative approach to land development;

(4)

Land use development which is harmonious with the environment and which preserves natural resources and scenic qualities;

(5)

Diversity and variety in the development pattern of the community;

(6)

Better design and land planning, ensuring that the installation, construction and maintenance of public facilities is done in an economic and efficient manner; and

(7)

Positive long-term development of real property value.

Applicability.

(1)

(2)

Procedural requirements.

(1)

(2)

Procedures and considerations.

(a)

(b)

Requirements. An RGCD shall comply with the following requirements:

(1)

Minimum parcel size. The RGCD shall be located upon a parcel of land having a minimum 150 acres of contiguous land, owned separately or combined in an RR District;

(2)

Allowable density. The total number of residential units in the RGCD shall be no greater than 0.51 unit per gross acreage of the project site.

[Amended eff. 11-10-2011 by Ord. No. 854]

(3)

Allowable uses. Permitted uses allowed in the residential golf course development shall consist of the following:

(a)

(b)

Eighteen-hole golf course with a minimum length of 6,000 yards, which may include easements;

(c)

Incidental uses which may be part of operating a premier golf course, which include the following but are not limited:

[1]

Clubhouse;

[2]

Restaurant within the clubhouse;

[3]

Function hall within the clubhouse;

[4]

Putting and/or practice green;

[5]

Driving range;

[6]

Tennis courts;

[7]

Swimming pools;

[8]

Pro shop;

[9]

Lounge;

[10]

Maintenance structures;

[11]

Other uses that the SPGA may approve and which are customarily incidental to operating a golf course.

(d)

Existing public golf courses that apply for and receive an RGCD special permit must remain as a public golf course in perpetuity, or 99 years, whichever is greater.

(4)

Dimensional requirements. The requirements of Article VI of the Comprehensive Zoning Ordinance shall prevail except as hereafter provided.

(a)

The following minimum dimensional requirements shall be met for all lots pursuant to this section:

	RGCD
Minimum lot area	10,000
Minimum frontage	75
Minimum lot width	75
Minimum yard setbacks:
Front	20
Side	10
Rear	20
Maximum height	3 stories for residential 3.5 stories for clubhouse
Maximum building coverage	50%
Maximum dwelling units per building	9
Maximum width of dwelling unit (feet)	20
Maximum separation between buildings (feet)	20

(5)

Other requirements.

(a)

(b)

(c)

The special permit shall contain the following mandatory conditions, with respect to the golf course and nonresidential uses:

[1]

Prior to the issuance of the first occupancy permit for a residential unit, all land dedicated to the golf course shall be:

[a]

Deed-restricted to use as a golf course or conservation uses if the golf course ceases to operate for a period of more than four years.

[b]

Deed-restricted so that no structure shall be erected thereon except as incidental to the uses identified in this section.

[2]

[3]

[4]

[5]

The applicant shall secure its obligation to complete the eighteen-hole golf course by the following:

[a]

[b]

[6]

No occupancy permits shall be issued for the accessory uses until completion of 75% of the golf course.

[7]

[8]

The requirements of the Comprehensive Zoning Ordinance shall prevail except as hereafter provided. The applicant shall be subject to design controls and standards as follow:

[a]

Clubhouse design.

[i]

[ii]

[iii]

[b]

[c]

All cart paths must be paved with a minimum of bituminous concrete, lynpak, paving brick, block, grasscrete or concrete.

[d]

Signage.

[i]

[ii]

[e]

Parking.

[i]

[ii]

[iii]

[f]

[g]

Landscaping. Appropriate trees, understory plantings and lawn areas must be designed by a registered landscape architect. The landscape plan must be approved by the SPGA.

[h]

Other. Areas not specifically addressed in the above design criteria shall include the following:

[i]

Facilities for trash removal for the nonresidential uses of the RGCD shall be screened from view of the primary street and all residential dwelling units.

[ii]

All utilities shall be underground.

(6)

§ 11.15 Frontage exception lots.

Purposes:

(1)

To promote the more efficient use of land;

(2)

To reduce impacts on the natural environment;

Applicability. Frontage exception lots shall be allowed by special permit in the RR, CN, RA, RB, RC, RD and RG Zoning Districts.

Procedural requirements.

(1)

(2)

(1)

The area of the lot to be divided is three times the minimum lot area in that district;

(2)

The frontage for the lot to be divided is, at a minimum, the frontage required for that district;

(3)

The lot to be divided is not split into more than two lots;

(4)

The two newly created lots each contain the minimum area required for that district;

(5)

The two newly created lots each have a minimum of 50% of the frontage required for that district; however, the frontage is not to be less than 50 feet in any district;

(6)

The two newly created lots each have a lot of width of not less than 50 feet at any point between the street and site of the dwelling;

(7)

(8)

There is not more than one other such lot with reduced frontage contiguous to the newly created lots;

(9)

The newly created lots are so located as not to block the possible future extension of a dead-end street;

(10)

The creation of the frontage exception lots will not adversely affect the neighborhood;

(11)

The creation of the frontage exception lots is in harmony with the general purpose and intent of this ordinance;

(12)

No such lot as described above, on which a dwelling is located, shall hereafter be reduced in area or frontage required by this ordinance;

(13)

§ 11.16 Drive-up retail, business or service establishments.

Purposes: to ensure that moving or waiting cars create no hazard or obstruction on a street or parking lot used by the general public.

Applicability.

(1)

A drive-up or walk-up window for a bank, laundry drop, pharmacy, restaurant or the like shall require a special permit from the Community Development Board.

(2)

A drive-up retail, business or service establishment shall be allowed by special permit in the BN, BH, CBD, BL and IL Zoning Districts.

Procedural requirements.

(1)

(2)

Requirements.

(1)

A drive-up retail, business or service establishment shall not constitute a nuisance of any type;

(2)

Access to such drive-up service shall conform to § 6.2E, Yard requirements for all districts;

(3)

A drive-up retail, business or service establishment shall not operate after 12:00 midnight without an additional special permit from the Community Development Board;

(4)

A drive-up retail, business or service establishment must comply with Methuen Municipal Code Article VI, Section 9-61, Regulation of Loudspeakers, Amplifiers and Paging Systems.

§ 11.17 Floodplain District.

All development in the Floodplain District, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with the following:

(1)

780 CMR 744.0 of the Massachusetts State Building Code, which addresses floodplain and coastal high-hazard areas.

(2)

310 CMR 10.00, Wetlands Protection, Department of Environmental Protection (DEP).

(3)

302 CMR 6.00, Inland Wetlands Restriction, DEP.

(4)

Title 5, minimum requirements for the subsurface disposal of sanitary sewage, DEP.

(5)

Methuen Municipal Ordinances.

(1)

(2)

Within Zones AH and AO, adequate drainage paths around structures are required on slopes, to guide floodwaters around and away from proposed structures.

(3)

Existing contour intervals of the site and elevation of existing structures must be included on plan proposals.

(4)

Definitions. As used in this section, the following terms shall have the meanings indicated:

100-YEAR FLOOD

See "base flood".

AREAS OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1 or V1-30, VE or V.

BASE FLOOD

The flood having a 1% chance of being equaled or exceeded in any given year.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

DISTRICT

Floodplain District.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community issued by FEMA where the boundaries of the flood, mudslide (i.e., mudflow) and related erosion areas having special hazards have been designated as Zones A, M and/or E.

FLOOD INSURANCE STUDY

FLOODWAY

See "regulatory floodway".

NEW CONSTRUCTION

REGULATORY FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation.

SPECIAL HAZARD AREA

An area having special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zones A, AO, A1-30, AE, A99, AH, E.

STRUCTURE

(1)

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home, deck or pier.

(2)

SUBSTANTIAL IMPROVEMENT

§ 11.18 Ashford School re-use overlay.

[Added eff. 9-19-2003 by Ord. No. 765]

The purpose is to allow for the re-use of municipal property and structures.

The use shall be limited to multifamily dwelling in accordance with the Comprehensive Zoning Ordinance definitions (apartments or condominiums). All other uses are prohibited.

Housing preference shall be for 55 plus housing, defined as either spouse being 55 or older and their natural or adopted child or where they are guardian of a child if living with them.

The overlay re-use shall require a site plan special permit. The application procedures are described in Article XII.

The following dimensional requirements shall apply:

(1)

Maximum density: one unit per 2,250 square feet.

(2)

Minimum lot area: 43,560 square feet.

(3)

Minimum frontage: 200 feet.

(4)

Minimum lot width: 100 feet.

(5)

Maximum yard setback for:

(a)

Front (x): 40 feet.

(b)

Side (y): 20 feet.

(c)

Rear (z): 50 feet.

(6)

Maximum number of stories: three.

(7)

Maximum height: 40 feet.

(8)

Maximum building coverage: 50%.

The following restrictions shall apply within the Ashford School re-use overlay:

(1)

No changes to facade, except for normal maintenance;

(2)

No change to the footprint of the building;

(3)

No increase in the height of the building or external accessory units such as elevator or HVAC systems;

(4)

No accessory buildings;

(5)

The location, size and number of waste storage facilities, including recycling;

(6)

Trash removal shall be the responsibility of the property owner;

(7)

No satellite dishes or antennas;

(8)

Proposed changes to the above limitations shall be subject to approval by the Mayor.

Limitations.

(1)

Signs:

(a)

One sign to identify name of facility. Sign not to exceed 25 square feet;

(b)

No signs shall be permitted on the building, except unit numbering or directional signs;

(c)

All other signs shall be limited to directional and parking signs;

(d)

Outdoor signs shall not be illuminated unless shielded or filtered;

(e)

Signs that are illuminated shall have lights mounted on top of the sign facing downward to restrict glare;

(f)

Pan and materials to be approved by the Mayor.

(2)

Parking:

(a)

Maximum of two vehicles per unit;

(b)

No commercial vehicles over 3/4-ton capacity;

(c)

Any commercial vehicles serving the facility shall be registered at the premises;

(d)

All parking areas shall be at least eight feet off the property line; within the eight feet may include landscaping, sidewalks and utilities; this provision may be waived or modified by the Mayor.

(e)

Recreational vehicles, trailers, mobile homes and boats are prohibited from being stored on site;

(f)

No parking of unregistered vehicles;

(g)

Handicapped parking shall be provided in accordance with state and local laws;

(h)

Deliveries by commercial vehicles shall be limited to the hours between 7:00 a.m. and 9:00 p.m.

(3)

Outdoor lighting:

(a)

There shall be no lighting fixtures on the building except for the entrances and/or exits;

(b)

Lighting for the parking area shall be limited to lampposts, not to exceed 12 feet in height. Location, design and style of lampposts shall be included in lighting plan;

(c)

All outdoor lighting shall be directed away from abutting residential properties;

(d)

Lighting plan shall be approved by the Mayor.

(4)

Access easement:

(a)

Pedestrian access for public use of fields, courts and play areas to be reserved in deed;

(b)

A twenty-foot-wide perimeter access easement to be retained for the purposes of public access. The easement shall include a sidewalk and landscaping where appropriate;

(c)

There shall be no parking within the easement area without approval by the Mayor;

(d)

There shall be no interference with gate access to fields, play areas, courts or easement access areas;

(e)

Fire lane access to be determined by the Fire Department.

(5)

Site plan. The requirements of Article XII, Site Plan Approval, of the Comprehensive Zoning Ordinance shall apply.

(6)

The provisions of the Ashford School re-use overlay shall supersede all other sections of the Zoning Ordinance except Article XII, Site Plan Approval.

§ 11.19 Forest Lake overlay.

[Added by Ord. No. 773]

The overlay shall be subject to site plan approval by the Community Development Board. The procedural requirements of the application are as follows:

(1)

An original application together with 15 copies and a site plan shall be submitted to the Board.

(2)

(3)

(4)

(5)

(6)

The provisions of this overlay ordinance shall supersede all other conflicting sections of the Zoning Ordinance except Article XII, Site Plan Approval, and Article V, Use Regulations.

§ 11.20 Personal wireless service facilities.

[Added eff. 3-2-1999 by Ord. No. 665]

Purpose and intent.

(1)

(2)

(3)

Definitions. As used in this section, the following terms shall have the meanings indicated:

ABOVE GROUND LEVEL (AGL)

A measurement of height from the natural (existing) grade of a site to the highest point of a structure.

ANCILLARY EQUIPMENT

ANTENNA

The surface from which wireless radio signals are transmitted and received by a personal wireless service facility.

AVAILABLE SPACE

CAMOUFLAGED

A personal wireless service facility that is disguised, hidden or made a part of an existing or proposed structure is considered "camouflaged."

CARRIER

A company that provides wireless services.

CMR

Commonwealth of Massachusetts Regulation.

CO-LOCATION

The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.

CONCEALED

A personal wireless service facility that is placed within an existing or proposed structure so that it is hidden from view is considered "concealed."

DET

Massachusetts Department of Telecommunications and Energy.[1]

DPH

Department of Public Health (Massachusetts).

DUAL-POLARIZED (OR CROSS-POLARIZED) ANTENNA

A low mount that has three panels either flush-mounted or attached very close to the shaft.

ELEVATION

The measurement of height, in feet, above sea level.

ENVIRONMENTAL ASSESSMENT (EA)

The document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.

EQUIPMENT SHELTER

FAA

Federal Aviation Administration.

FALL ZONE

FCC

Federal Communications Commission.

FUNCTIONALLY EQUIVALENT SERVICES

Cellular, personal communication services (PCS), enhanced specialized mobile radio, specialized mobile radio and paging.

GUYED TOWER

A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.

HISTORIC STRUCTURE

A structure listed on the Natural Register of Historic Places or eligible structure for placement on the National Register of Historic Places.

INTERIOR WIRELESS TELECOMMUNICATIONS FACILITY

LATTICE TOWER

A type of mount that is self-supporting with multiple legs and cross bracing of structural steel.

LICENSED CARRIER

A company authorized by the FCC to construct and operate a commercial mobile radio service system.

MAJOR WIRELESS TELECOMMUNICATION FACILITY

Any wireless telecommunications facility that is not a minor wireless telecommunications facility.

MINOR WIRELESS TELECOMMUNICATION FACILITY - TYPE 1

(1)

Any wireless telecommunications facility:

(a)

(b)

(c)

Made of such materials or painted to blend in appearance to the extent practicable with the building or structure upon which it is installed.

(2)

MINOR WIRELESS TELECOMMUNICATIONS FACILITY - TYPE 2

Any wireless telecommunications facility:

(1)

Installed in an existing building or on an existing wireless telecommunications tower; and

(2)

Composed solely of antennas and ancillary telecommunications equipment totally enclosed within an existing building or structure; and

(3)

Installation of antennas and ancillary telecommunications equipment requires no major alteration to the structure; and

(4)

The completed installation of all antennas and ancillary equipment is not visible from a public way.

MONOPOLE

The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.

MOUNT

The structure or surface upon which antennas are mounted, including the following four types of mounts:

(1)

ROOF-MOUNTED

An antenna that is mounted on the roof of a building.

(2)

SIDE MOUNTED

An antenna that is mounted on the side of a building.

(3)

GROUND-MOUNTED

An antenna that is mounted on the ground.

(4)

STRUCTURE-MOUNTED

An antenna that is mounted on a structure other than a building.

OMNIDIRECTIONAL (WHIP) ANTENNA

A thin rod that transmits and receives a signal in all directions.

PANEL ANTENNA

A flat-surface antenna usually developed in multiples.

PERSONAL WIRELESS SERVICE FACILITY

PERSONAL WIRELESS SERVICES

RADIOFREQUENCY (RF) ENGINEER

An engineer specializing in electrical or microwave engineering, especially the study of radiofrequencies.

RADIOFREQUENCY RADIATION (RFR)

REPEATER

A small receiver/transmitter of not more than 20 watts' output designed to provide service to areas which are not able to receive adequate coverage directly from a personal wireless service facility.

SPGA or SPECIAL PERMIT GRANTING AUTHORITY

The Community Development Board.

SCENIC ROAD

To be determined.

SCENIC VISTA

To be determined.

SECURITY BARRIER

A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.

SEPARATION

The distance between one carrier's array of antennas and another carrier's array.

TELECOMMUNICATIONS ACT OF 1996

UTILITY TRANSMISSION TOWER

Any tower that has carried or is capable of carrying lines for the transmission of electricity at a voltage level typically equal to or greater than 69,000 volts.

WETLANDS

As defined in MGL c. 131, § 40 and City of Methuen Ordinances, Chapter 12.

WIRELESS TELECOMMUNICATIONS FACILITY

[1]

Editor's Note: Now the "Department of Telecommunications and Cable."

Municipal regulations.

(1)

Use regulations. A personal wireless service facility shall require a building permit in all cases and may be permitted as follows:

(a)

[1]

[2]

(b)

[1]

A license from the FCC.

[2]

Approvals from the Commonwealth of Massachusetts DPH, Title 105, Chapter 122.000.

[3]

Lease and/or easement agreements from the property owner.

(c)

(2)

Location. Applicants seeking approval for personal wireless service facilities shall comply with the following:

(a)

(b)

(c)

(d)

(3)

Dimensional requirements. Personal wireless service facilities shall comply with the following:

(a)

Height.

[1]

[2]

[3]

[4]

[5]

[6]

[a]

[b]

[7]

Special permit regulations.

(1)

Design standards. All personal wireless service facilities shall comply with the performance standards set forth in this section.

(a)

Tiering.

[1]

It shall be the policy of the City of Methuen to consider applications for special permits to construct a personal wireless service facility on available space in the following order of priority:

[a]

[b]

[c]

Third, personal wireless service facilities that are mounted on available space, including existing personal wireless service facilities.

[2]

(b)

Visibility/Camouflage or concealment. Personal wireless service facilities shall be camouflaged or concealed as follows:

[1]

Camouflage or concealment by existing buildings or structures.

[a]

[b]

[2]

[3]

Color.

[a]

Personal wireless service facilities which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.

[b]

(c)

Equipment shelters. Equipment shelters for personal wireless service facilities shall be reviewed by the Community Development Board, with a preference for the following design standards:

[1]

Equipment shelters shall, as a first preference, be located in underground vaults; or if not, demonstrable evidence offered as to why underground vaulting is impossible; and then

[2]

[3]

(d)

Lighting and signage.

[1]

[2]

(e)

Historic buildings and districts.

[1]

[2]

(f)

[1]

The Visual Overlay District Map shall contain:

[a]

View corridors, or that strip of land within 250 feet of the outer edge of the right-of-way on both sides of State Routes 93, 495, 213.

[b]

Watercourse and water body buffers, or those strips of land within 75 feet average mean high water on all streambeds, quarries, reservoirs and ponds.

[c]

Public open space or all lands reserved for parks, recreation, public schools and playgrounds as well as conservation through public control.

[2]

(g)

Security barriers. A security barrier shall surround all ground-mounted personal wireless facilities.

Environmental standards.

(1)

(2)

(3)

Stormwater run-off from the facility shall be contained on-site.

(4)

Noise.

(a)

Ground-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 decibels at the property line.

(b)

Roof-mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 decibels at ground level at the base of the building closest to the antenna.

(c)

(5)

Health standards.

(a)

General. As proposed, all requirements to protect public health and safety below are specified to ensure a legally defensible position by the City.

(b)

Radiofrequency radiation (RFR) standards.

[1]

[2]

Further, the applicant shall demonstrate that all equipment conforms to 105 CMR 122.000, as amended.

[3]

Application procedures.

(1)

Special permit granting authority. The special permit granting authority (SPGA) for personal wireless service facilities shall be the Methuen Community Development Board.

(2)

(3)

Special permit procedures. All procedures for applying for special permits shall be consistent with, and as provided for, in § 11.3.

(4)

Special permit requirements. The required application for a special permit shall meet the requirements of § 11.2B.

General application filing requirements. The following shall be included with an application for a special permit for all personal wireless service facilities:

(1)

Name, address and telephone number of applicant and any co-applicants, as well as any agents for the applicant or co-applicants.

(2)

Co-applicants shall include the landowner of the subject property, licensed carriers and tenants for the personal wireless service facility.

(3)

A licensed carrier must be either an applicant or a co-applicant.

(4)

Location filing requirements:

(1)

Identify the subject property by including the City as well as the name of the locality, name of the nearest road or roads and street address, if any.

(2)

Assessor's map and parcel number of subject property.

(3)

Zoning district designation for the subject parcel (submit copy of City Zoning Map with parcel identified).

(4)

(5)

A City-wide map showing other existing personal wireless service facilities in the City and outside the City within two miles of its corporate limits.

(6)

The proposed locations of all existing and future personal wireless service facilities in the City on a City-wide map for this carrier.

Siting filing requirements. In addition to the requirements of § 11.3, the applicant will provide a one inch equals 40 feet vicinity plan showing the following:

(1)

Property lines of all properties adjacent to the subject property within 300 feet.

(2)

Tree cover on the subject property and adjacent properties within 300 feet, by dominant species and average height, as measured by or available from a verifiable source.

(3)

Proposed location of antenna, mount and equipment shelter(s).

(4)

Proposed security barrier, indicating type and extent as well as point of controlled entry.

(5)

Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet, including driveways proposed to serve the personal wireless service facility.

(6)

Distances, at grade, from the proposed personal wireless service facility to each building on the vicinity plan.

(7)

A topographic map at two-foot contours for the subject property and adjacent properties within 300 feet.

(8)

All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.

(9)

(10)

Plan lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from Subsection I(12), regarding sight lines, below.

(11)

(a)

Topography, public and private roads, buildings and structures, bodies of water and landscape features; and

(b)

Areas which are likely to have views of the facility based on terrain characteristics, including openness, elevation and slope.

(12)

Sight lines and photographs as described below:

(a)

(b)

Existing ("before" condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch photograph of what can currently be seen from any public road within 300 feet.

(c)

(13)

(14)

Security barrier. If the security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.

(15)

Any and all structures on the subject property.

(16)

Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.

(17)

Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.

Design filing requirements.

(1)

(2)

(3)

(4)

(5)

(6)

Landscape plan, including existing trees and shrubs and those proposed to be added, identified by size of specimen and species.

(7)

(8)

(1)

Existing or ambient: the measurements of existing noise.

(2)

(3)

As proposed, all requirements are specified to ensure a legally defensible position by the City.

(1)

(a)

Existing or ambient: the measurements of existing RFR.

(b)

Existing plus proposed personal wireless service facilities: maximum estimate of RFR from the proposed personal wireless service facility plus the existing RFR environment.

(c)

Certification signed by an RF engineer stating that RFR measurements are accurate and meet FCC Guidelines as specified in the radiofrequency radiation standards in Subsection E(5)(b) of this section.

(d)

Radiation pattern of the proposed antenna in the horizontal and vertical planes.

(2)

A report of the monitoring results shall be prepared by the independent consultant and submitted to the City Council, Board of Health, Community Development Board, Building Inspector and City Clerk.

Federal environmental filing requirements.

(1)

The applicant must provide evidence to the SPGA that it has filed all required applications with the federal government which are required for approval of a personal wireless communication facility.

(2)

(3)

(4)

Co-location.

(1)

(a)

A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;

(b)

Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.

(2)

(3)

(4)

(1)

Change in the number of facilities permitted on the site.

(2)

Change in the technology used for the personal wireless service facility.

(3)

The applicant and/or co-applicant wants to add any equipment or additional height not specified in the original design filing.

Monitoring and maintenance.

(1)

As proposed, the City specifies all requirements to ensure legally defensible position.

(2)

(3)

A report of the monitoring results shall be prepared by the independent consultant and submitted to the City Council, Board of Health, Community Development Board, Building Inspector and City Clerk.

(4)

(5)

Abandonment or discontinuation of use.

(1)

(2)

(a)

Removal of antennas, mount, equipment shelters and security barriers from the subject property.

(b)

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

(c)

Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the "after" condition.

(d)

(e)

Such a performance bond shall only be deposited in an enterprise account, so labeled and established for the sole purpose of removing an abandoned or discontinued facility.

(f)

In the absence of an enterprise account, the Building Inspector may request removal authority and sufficient funds from the Methuen City Council.

Provision for fire safety and rescue.

(1)

(a)

Training Fire Department personnel on accessing high structures with conventional fire-fighting methods and equipment.

(b)

Purchasing any new equipment necessary to improve the City of Methuen's ability to suppress emergencies and rescue personnel on high, freestanding structures.

(2)

The Methuen Fire Department shall establish an enterprise account for the purposes set forth above.

(3)

All applicants shall contribute to the Fire Safety and Rescue Enterprise Account for personal wireless service facilities on a pro-rated basis.

Regulation compliance. Failure to comply with any regulations under the special permit shall be grounds for removal of noncomplying structures, buildings and devices, at the owner's expense.

§ 11.21 Open space residential developments.

Purpose and intent.

(1)

The primary purposes for open space residential development (OSRD) are the following:

(a)

To allow for greater flexibility and creativity in the design of residential developments;

(b)

(c)

(d)

To minimize the total amount of disturbance on the site;

(e)

To further the goals and policies of the City of Methuen Master Plan;

(f)

To facilitate the construction and maintenance of housing, streets, utilities and public service in a more economic and efficient manner;

(g)

To encourage the use of low-impact development (LID) design techniques in an effort to reduce the effects of development on the environment and encourage natural recharge of water resources;

(h)

To further the goals of the City of Methuen to create and provide affordable housing for persons of low and moderate income.

(2)

The secondary purposes for OSRD are the following:

(a)

To preserve and enhance the community character;

(b)

To preserve and protect agriculturally significant land;

(c)

To protect the value of real property;

(d)

To protect community water supplies;

(e)

To provide for a diversified housing stock;

Eligibility.

(1)

Minimum size of tract. To be eligible for consideration as an OSRD, the tract shall contain a minimum of three acres.

(2)

Zoning classification. Only those tracts located in the CN, RR, RA, RB, RC, RD and RG Districts shall be eligible for consideration as an OSRD.

(3)

Contiguous parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of contiguous parcels.

(4)

Pre-application.

(1)

(2)

The Community Development Board shall adopt rules and regulations relative to the size, form, number and contents of the plans to be submitted for a pre-application review.

(1)

(2)

(3)

(4)

Step Four: Lot Lines. Draw in the lot lines.

Procedures.

(1)

(2)

(3)

Relationship between the concept plan and OSRD subdivision plan.

(a)

(b)

[1]

An increase in the number of building lots;

[2]

A significant decrease in the open space acreage;

[3]

A significant change in the lot layout;

[4]

A significant change in the general development pattern which adversely affects natural landscape features and open space preservation;

[5]

Significant changes to the stormwater management facilities; and/or

[6]

Significant changes in the wastewater management systems.

(c)

(d)

(e)

(4)

(5)

(6)

Other information.

(a)

(b)

All OSRD subdivisions must be served with public water and public sewer services.

Basic maximum number of lots.

(1)

Reduction of dimensional requirements.

(1)

Flexible (zero-lot-line).

(a)

The Community Development Board encourages applicants to modify lot size, shape and other dimensional requirements for lots within an OSRD, subject to the following limitations:

[1]

[2]

There shall be no less than 20 feet between structures and no less than a twenty-foot front and rear setback.

(b)

The Community Development Board may waive these provisions if it furthers the intent of the ordinance and is not more detrimental to the neighborhood.

(1)

(a)

(b)

(c)

(d)

(e)

Ownership of the open space. The open space shall, at the Community Development Board's election, be conveyed to:

[1]

The town or its Conservation Commission;

[2]

A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above;

[3]

(2)

Affordable housing. A minimum of 10% of the number of units allowed shall be affordable units as that term is defined in eligibility standards as set forth in § 11.11B and E hereof.

(a)

(b)

The SPGA, as a condition of a special permit, may require the applicant to build a specified number of affordable units before the issuance of all of the building permits for the project.

(c)

The affordable units shall be restricted in perpetuity by a recorded deed restriction.

(d)

The mandatory affordable units shall be in addition to the bonus affordable units as set forth in Subsection L hereof.

Design standards. The following generic and site-specific design standards shall apply to all OSRDs and shall govern the development and design process:

(1)

Generic design standards.

(a)

(b)

(c)

(d)

All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties.

(e)

(2)

Site-specific design standards.

(a)

(b)

(c)

(d)

(e)

Screening and landscaping. All structural surface stormwater management facilities shall be accompanied by a conceptual landscape plan.

(f)

(g)

Disturbed areas. Not more than 5% of the open space shall be disturbed areas. A disturbed area is any land not left in its natural vegetated state.

(1)

Whether the OSRD achieves greater flexibility and creativity in the design of residential developments than a conventional plan;

(2)

(3)

(4)

Whether the OSRD reduces the total amount of disturbance on the site;

(5)

Whether the OSRD furthers the goals and policies of the Master Plan;

(6)

Whether the OSRD facilitates the construction and maintenance of streets, utilities and public services in a more economical and efficient manner.

(7)

Whether the concept plan and its supporting narrative documentation complies with all sections of this Zoning Ordinance.

(1)

(a)

(b)

(c)

(d)

[1]

§ 11.22 Billboards.

Applicability. An application for a billboard special permit shall be allowed in the BH and IL Zoning Districts.

Applications.

(1)

(2)

Applications for billboard special permits shall be completed and filed in accordance with the rules and regulations of the SPGA, in addition to the general requirements of § 11.2B.

Criteria. In addition to the special permit criteria as set forth in § 11.2B hereof, the applicant shall:

(1)

Demonstrate compliance with the Outdoor Advertising Board Regulations, as amended;

(2)

Demonstrate that the proposed location does not adversely interfere with the uses of adjacent properties;

(3)

Demonstrate that the proposed billboard does not cause an adverse shadow or flicker on adjacent properties;

(4)

Demonstrate that the proposed location does not cause any noise on adjacent properties such that the increased noise is in violation of any state regulation or local noise ordinance; and

(5)

[1]

Editor's Note: See the Table of Dimensional Regulations included as an attachment to this chapter.

[2]

Editor's Note: Appendix D is included as an attachment to this chapter.

Prohibitions. No billboard permitted hereunder shall have any moving parts.

§ 11.23 Historic preservation special permits (HPSP).

[Added eff. 9-2-2014 by Ord. No. 883]

Purpose. The general objectives of this section are to:

(1)

Encourage preservation of buildings or structures of historical or architectural significance, in concert with the goals and policies of the Methuen Master Plan.

(2)

Encourage the restoration of existing historic buildings and structures in the community.

(3)

Establish eligibility criteria for buildings or structures of historical or architectural significance attaining protected status.

(4)

Expand economic options for the owner/investor, by broadening the permitted uses in various zoning districts and removing barriers presented by development standards governing those permitted uses.

(5)

Permit the flexibility of development options by modifying dimensional requirements that might be an impediment to historic preservation.

(6)

Preserve and enhance community character.

Applicability. An application for an historic preservation special permit shall be allowed in all zoning districts.

Special permit granting authority. The Community Development Board shall be the special permit granting authority (SPGA) for an historic preservation special permit (HPSP).

Historic eligibility. Any historic building or structure, as defined below, may qualify for eligibility under this section if:

(1)

It is included on any of the following lists or surveys or meets the following criteria:

(a)

National Register of Historic Places or pending nominations in good standing;

(b)

State (Commonwealth of Massachusetts) Register of Historic Places or pending nominations in good standing;

(c)

Inventory of Historic Assets of the Commonwealth for the City of Methuen, or designated for inclusion in said inventory; including those buildings listed for which complete surveys may be pending;

(d)

Properties in existence on or before 100 years from the date of the application for an historic preservation special permit;

(e)

Properties within the Searles Nevins Tenney Historic District; and

(2)

It has been determined by a vote of the Methuen Preservation Committee to be historically or architecturally significant.

Findings required.

(1)

In order to grant a special permit, the SPGA shall determine:

(a)

(b)

That the proposed renovation, repair, additions, adaptive reuse or removal preserves, to the maximum extent feasible, the historical and architectural features of the building or structure;

(c)

That failure to grant the special permit is likely to result in inappropriate use or physical modification or pursuit of a demolition permit; and

(d)

That the proposed use will not generate negative impacts to the surrounding area or zoning district or that any negative impacts generated may be feasibly mitigated.

(2)

Parent parcel. The parent parcel is the original parcel of land containing the historically or architecturally significant building or structure.

Special permit for a use on the parent parcel.

(1)

The SPGA may grant a special permit to authorize certain uses, listed below, not otherwise allowed in the Table of Use Regulations for the zoning district of the parent parcel.

(2)

The following uses, as defined in this Zoning Ordinance, may be allowed in any zoning district by special permit:

(a)

Single-family dwelling.

(b)

(c)

Conversion of municipal buildings to residential use.

(d)

Office, general.

(e)

Office, medical.

(f)

Hospice facility.

(g)

Funeral parlor.

(h)

Customary home occupation. The SPGA may allow greater than 25% of the existing gross floor area of the dwelling unit and/or more than 700 square feet to be devoted to such use.

(i)

Assisted living.

(j)

Nursing/Rest home, long-term care facility.

(3)

(4)

Special permit for the creation of one new lot from the parent parcel.

(1)

The SPGA may grant a special permit to modify certain dimensional standards for the creation of one new lot from the parent parcel.

(2)

[1]

Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.

(3)

(4)

(5)

Special permit for the construction of one additional dwelling unit on the parent parcel.

(1)

The SPGA may grant a special permit authorizing the construction of one additional dwelling unit on the parent parcel.

(2)

[2]

Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.

(3)

Relocation of an existing historic building or structure.

(1)

(2)

(3)

Procedural requirements. The following shall be submitted to the Community Development Board as part of the application process:

(1)

Applications, site plans, architectural plans and other documents as may be required in accordance with the rules and regulations of the Board.

(2)

(3)

A statement detailing all of the proposed changes to be made to the historic building or structure. The SPGA may seek input from the Historic District Commission regarding any proposed changes.

(4)

(5)

Conditions to be imposed on all HPSPs.

(1)

(2)

The applicant shall take all actions necessary to have the parent parcel included in the Methuen Historic District as required by MGL c. 40C.

(3)

(4)

(5)

The SPGA may require performance guarantees to ensure completion of the requirements of this special permit.

(6)

In the event of a catastrophic event which results in damage to the historic building or structure such that it cannot be repaired, the owner may rebuild on the lot, provided that:

(a)

The new dwelling does not contain more than the same interior floor area as the historic building or structure and meets one of the following requirements:

[1]

The new dwelling is placed in the existing footprint; or

[2]

The new dwelling is built in conformity with the zoning side, front and rear setbacks in effect at the time of rebuilding.

(b)

§ 11.24 Registered marijuana dispensaries (RMD) and off-site medical marijuana dispensaries (OMMD).

[Added eff. 6-15-2015 by Ord. No. 890]

[1]

Editor's Note: MGL c. 94C, App. § 1-1 et seq. was repealed in 2017. See now MGL c. 94G and c. 94I.

MARIJUANA-INFUSED PRODUCT (MIP)

OFF-SITE MEDICAL MARIJUANA DISPENSARY (OMMD)

REGISTERED MARIJUANA DISPENSARY (RMD)

(1)

(2)

[2]

Editor's Note: See now 935 CMR 500 et seq.

[3]

Editor's Note: See now 935 CMR 500.002, 501.002 or 502.002.

[4]

Editor's Note: See now 935 CMR 500 et seq.

[5]

Editor's Note: See now 935 CMR 500 et seq.

(1)

Use.

(a)

[6]

Editor's Note: See now 935 CMR 500 et seq.

(b)

Consumption of marijuana on the premises or grounds of any RMD or OMMD is prohibited in accordance with 105 CMR (N)(8)725.105.[7]

[7]

Editor's Note: See now 935 CMR 500 et seq.

(2)

Location.

(a)

[8]

Editor's Note: See now 935 CMR 500 et seq.

(b)

(c)

No RMD or OMMD facility shall be located inside a building containing residential units, including transient housing such as lodging houses, motels and dormitories.

(d)

(e)

Special permit granting authority. The Community Development Board shall be the special permit granting authority (SPGA) for an RMD and OMMD special permit.

Application.

(1)

In addition to the materials required in Article XI, Special Permits, the applicant shall include:

(a)

Application in a form and manner as set forth in the rules and regulations of the Community Development Board.

(b)

The name and address of each owner of the RMD or OMMD facility/operation.

(c)

A copy of the RMD certificate of registration from the Massachusetts Department of Public Health (DPH).

(d)

(e)

A detailed floor plan of the premises that identifies the square footage available and describes the functional areas of the RMD or OMMD, including areas for any preparation of MIPs.

(f)

Design and appearance of proposed buildings, structures, freestanding signs, screening and landscaping and lighting.

(g)

(h)

If the RMD intends to produce MIPS, a description of the types and forms of MIPs that the RMD intends to produce, and the methods of production as approved by the DPH.

(i)

A copy of the detailed written operating procedures required by 105 CMR 725.105(A)[9] approved by DPH, which shall include but not be limited to provisions for:

[1]

Security measures in compliance with 105 CMR 725.110.

[2]

Employee security policies, including personal safety and crime prevention techniques.

[3]

A description of the RMD's or OMMD's hours of operation and after-hours information, which shall be made available to law enforcement officials.

[4]

Storage of marijuana in compliance with 105 CMR 725.105(d).

[5]

Emergency procedures, including a disaster plan with procedures to be followed in case of fire or other emergencies.

[6]

Written policies and procedures for the production and distribution of marijuana, which shall include but not be limited to:

[a]

Policies and procedures for patient or personnel caregiver home delivery.

[b]

Policies and procedures for the transfer, acquisition or sale of marijuana between RMDs and OMMDs.

[9]

Editor's Note: See now 935 CMR 500 et seq.

(j)

A description of any waivers from DPH regulations issued for the RMD.

(2)

(3)

The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the RMD.

The special permit shall lapse upon the expiration or termination of the applicant's registration by DPH.

§ 11.25 Recreational marijuana establishments.

[Added 2-14-2019 by Ord. No. 933]

Definitions. As used in this section, the following terms shall have the meanings indicated:

MARIJUANA ACCESSORIES

MARIJUANA or MARIHUANA

(1)

(2)

Hemp; or

(3)

The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

MARIJUANA PRODUCTS

MARIJUANA RETAILER

RECREATIONAL MARIJUANA ESTABLISHMENT