Middlefield City Zoning Code
SECTION 8
0 Special District Regulations
8.1 Floodplain Overlay District (FPOD).
[Amended 5-8-2012 ATM by Art. 7; 5-13-2025 ATM by Art. 21]
8.1.1.
Overlay district. The Floodplain District is herein established as an overlay district. The purpose of the Floodplain Overlay District is to:
1.
Ensure public safety through reducing the threats to life and personal injury.
2.
Eliminate new hazards to emergency response officials.
3.
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.
4.
Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.
5.
Eliminate costs associated with the response and cleanup of flooding conditions.
6.
Reduce damage to public and private property resulting from floodwaters.
The district includes all special flood hazard areas within the Town of Middleton designated as Zone A, AE, AH, AO, A99, V, or VE on the Essex County Flood Insurance Rate Map (FIRM) dated July 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program.
The exact boundaries of the district may be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, the Building Commissioner and the Conservation Commission.
The Town of Middleton hereby designates the Town Administrator to be the official floodplain administrator for the Town.
8.1.2.
Permitted uses. The underlying permitted uses are allowed provided that they meet the following requirements, as well as those of the Massachusetts State Building Code dealing with construction in floodplains. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and do not require structures, fill, or storage of materials or equipment:
1.
Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
2.
Forestry and nursery uses.
3.
Outdoor recreational uses, including fishing, boating play areas, etc.
4.
Conservation of water, plants, wildlife.
5.
Wildlife management areas, foot, bicycle, and/or horse paths.
6.
Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.
7.
Buildings lawfully existing prior to the adoption of these provisions.
8.1.3.
Permitting.
The Town of Middleton requires a permit for all proposed construction or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities, or drilling, mining or paving and any other development that might increase flooding or adversely impact flood risks.
The Town's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.
8.1.4.
Zone A requirements.
1.
In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from Federal, State or other sources as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
2.
Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A zones.
8.1.5.
Floodway requirements.
In Zones A, A1-A30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
In Zones A1-A30 and AE, along watercourses that have a regulatory floodway designated on the FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
8.1.6.
Recreational vehicles. In A, A1-30, AH, AO and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
8.1.7.
Use regulations.
1.
The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit, must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following:
Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal hazard areas |
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00) |
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00) |
Minimum requirements for Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5) |
Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
2.
All subdivision proposals must be designed to assure that:
a.
Such proposals minimize flood damage;
b.
All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
c.
Adequate drainage is provided to reduce exposure to flood hazards.
8.1.8.
Watercourse alterations or relocations of riverine areas. In a riverine situation, the Conservation Agent shall notify the following of any alteration or relocation of a watercourse:
Adjacent communities |
NFIP State Coordinator Massachusetts Department of Conservation and Recreation |
NFIP Program Specialist Federal Emergency Management Agency, Region 1 |
8.1.9.
Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:
NFIP State Coordinator Massachusetts Department of Conservation and Recreation |
NFIP Specialist Federal Emergency Management Agency, Region 1 |
8.1.10.
Variances to Building Code floodplain standards.
The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of hearing related to the variance, and will maintain this record in the community's files.
The Town shall issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 and $100 of insurance coverage and (2) such construction below the base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.
8.1.11.
Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP). A variance from the floodplain bylaw must meet the requirements set out by State law, and may only be granted if (1) good and sufficient cause and exceptional non-financial hardship exist, (2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public, and (3) the variance is the minimum action necessary to afford relief.
8.1.12.
Abrogation and greater restriction. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
8.1.13.
Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
8.1.14.
Severability. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.
8.1.15.
Floodplain Overlay District (FPOD) definitions.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V.
BASE FLOOD
The flood having a one-percent 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 building 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 BOUNDARY AND FLOODWAY MAP
An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
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 flood-related erosion hazards.
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 more than a designated height.
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
a.
Listed individually in the National Register of Historic Places (as listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
d.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
i.
By an approved state program as determined by the Secretary of the Interior; or
ii.
Directly by the Secretary of the Interior in States without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of NFIP Regulations 60.3.
NEW CONSTRUCTION (FOR FLOODPLAIN MANAGEMENT PURPOSES)
Structures for which the "start of construction" commenced on or after the effective date of the first floodplain management regulation adopted by a community. For the purpose of determining insurance rates, new construction means 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. New construction includes subsequent and substantial improvements to such structures.
ONE-HUNDRED-YEAR FLOOD
See "base flood."
RECREATIONAL VEHICLE
A vehicle which is:
a.
Built on a single chassis;
b.
400 square feet or less when measured at the largest horizontal projection;
c.
Designed to be self-propelled or permanently towable by a light duty truck; and
d.
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOODWAY
See "floodway."
SPECIAL FLOOD HAZARD AREA
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30.
START OF CONSTRUCTION
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or shed not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual 'start of construction' means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. |
STRUCTURE (for floodplain management purposes)
A walled and roofed building, including a gas or liquid storage tank that is primarily above ground as well as a manufactured home.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
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 purposes 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.
SUBSTANTIAL REPAIR OF A FOUNDATION
When work or repair to replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 5% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column- or pier-supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute a substantial repair of a foundation shall require all existing portions of the entire building or structure to the meet the requirements of 780 CMR.
VARIANCE
A grant of relief by a community from the terms of a floodplain management regulation.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 is presumed to be in violation until such time as that documentation is provided.
ZONE A
The one-hundred-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local, or other data.
ZONE AE (FOR NEW AND REVISED MAPS)
The one-hundred-year floodplain where the base flood elevation has been determined.
ZONE X
Areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.
8.2 Watershed Protection Overlay District (WPOD).
8.2.1.
Purpose. The Watershed Protection District is established in the Town of Middleton for the following purposes:
1.
To protect the proposed Emerson Brook Reservoir, a source of water supply for the Town of Middleton;
2.
To preserve and protect the streams, brooks, rills, marshes, swamps, bogs and other;
3.
To protect, preserve and maintain the water table and water recharge areas within the said watershed; and
4.
To protect the community from the detrimental use and development of land and waters within the Watershed Protection District.
8.2.2.
Overlay district. The Watershed Protection District is established as an overlay district and shall be enforced by the Building Commissioner of the Town of Middleton.
8.2.3.
Location. The intent of the Watershed Protection District is to include all lands, water bodies and watercourses within it which create the catchment or drainage area of the watershed of Emerson Brook Reservoir. The district includes all areas within the Watershed Protection District line designated on the Official Zoning Map of the Town of Middleton. The Watershed Protection District is an overlay district and may be superimposed on the other districts established by these bylaws.
8.2.4.
Dimensional requirements.
1.
Lot area. In the Watershed Protection District, a lot not less than 40,000 square feet shall be provided for each structure.
2.
Lot coverage. All buildings shall not cover more than 10% of the area of any lot, and not less than 75% of the lot area shall be free of structures, paving, storage areas or other elements which preclude vegetation.
3.
Lot frontage and width. In the Watershed Protection District, the lot frontage and width shall be in accordance with the requirements of the underlying district.
4.
Height. In the Watershed Protection District, the height requirements shall be in accordance with the requirements of the underlying district.
8.3 Institutional Overlay District (IOD)
8.3.1.
Purpose. The purpose of this district is to show on the Zoning Map those areas which, because of their institutional, public or semipublic purposes, are not intended for business, industry, or the general types of residential developments provided for in other zoning districts. The IOD is intended for public and semipublic uses and for large-scale, designed development of institutions, schools, academies, camps, campgrounds and recreation areas including dwelling units for year-round or seasonal use. Such uses shall be allowed as of right.
[Amended 5-12-2009 ATM by Art. 26]
8.3.2.
Overlay district. The Institutional District consists of those areas which are owned by public or other tax-exempt organizations or have already been dedicated or used for public or semipublic uses, such as public parks and recreation areas, public buildings, cemeteries, schools, churches, reservoirs and open space reservations. All new plans for commercial and industrial development must be reviewed by the Industrial and Commercial Design Review Committee prior to consideration by the Planning Board and/or Board of Appeals, in accordance with the provisions of Section 9.6 of this bylaw.
[Amended 5-12-2009 ATM by Art. 28]
8.3.3.
Uses allowed by special permit and site plan approval. The uses set forth in Table 3.1.1[1] are allowed only if a special permit is issued by the Board of Appeals. Issuance of a special permit includes the approval of a site plan. Such activities shall not be offensive, injurious, or noxious because of sewage, refuse, noise, vibration, smoke, fumes, dust, odors, danger of fires or explosion or other characteristics detrimental to a predominantly residential town.
[1]
Editor's Note: See the Table of Use Regulations included as an attachment to this chapter.
8.3.4.
Effect of inoperative requirements. If by reason of sale of a part of the property of a public, charitable or educational institution or holding included in the Institutional District to a noninstitutional owner, or if for any other reason the restrictions or requirements of this section shall be or become invalid or inoperative as to any land shown on the Zoning Map as being in the Institutional District, then such land shall continue to be zoned in the district which the Institutional District overlays.
8.3.5.
Dimensional requirements.
1.
Lot area. The minimum lot area shall be in accordance with an approved site plan.
2.
Lot coverage. All buildings shall not cover more than 25% of the lot.
3.
Lot frontage and width. The minimum lot frontage shall be 400 feet for each building in an IH District. Otherwise, the minimum lot frontage shall be that required in the underlying district.
[Amended 5-12-2009 ATM by Art. 32]
4.
Height. The height of any structure shall not exceed the limitation in the underlying district.
[Amended 5-12-2009 ATM by Art. 32]
8.4 (Reserved) [1]
[1]
Editor’s Note: Former Section 8.4, Conservancy Overlay District (COD), was repealed 5-12-2015 ATM by Art. 38.
8.5 Adult Entertainment Overlay District.
[Added 5-11-2010 ATM by Art. 29]
8.5.1.
Applicability. The following regulations shall apply to adult uses as defined in Section 10 of this bylaw. Adult uses require a special permit from the Board of Appeals.
8.5.2.
Authority. This bylaw is enacted pursuant to G.L. Chapter 40A and pursuant to the Massachusetts Constitution to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of certain adult entertainment enterprises, as defined and designated herein, because of the deleterious effect in generating crime and blight.
8.5.3.
Purpose. It is the purpose of the Adult Entertainment Overlay District to address and mitigate the secondary effects of the adult entertainment enterprises and sexually oriented businesses that are referenced and defined herein. Secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the Town. All of said secondary impacts are adverse to the health, safety and general welfare of the Town of Middleton and its inhabitants.
1.
The provisions of this bylaw have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this bylaw to restrict or deny access by adults to Adult entertainment enterprises or to sexually oriented matter or materials that are protected by the Constitution of the United States of America or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of this bylaw to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.
8.5.4.
Location; overlay district. The location of the Adult Entertainment Overlay District is shown on the map titled, "Town of Middleton, Adult Entertainment Overlay District," dated May 12, 2009. The parcels included in the Overlay District are identified as: Assessor's Map 26, Parcels 13A, 13B, 13C, 13D, 14 and 16. The Adult Entertainment Overlay District is an overlay district. To the extent that it provides for land use activities not otherwise set forth in the underlying district, the provisions of the overlay district shall control. Otherwise, the underlying district remains in full force and effect.
[Assessor's Map 26, Parcels 13A, 13B, 13C, 13D, 14, & 16 are owned by: Lot 13A owner: Commonwealth of Massachusetts (6.89 acres); Lot 13B owner: Johnson Trust (1.86 acres); Lot 13C owner: GEK Family Trust (1.19 acres); Lot 13D owner: by Coviello Trust (1.08 acres); Lot 14 owner: Danvers Fish and Game Club (80.59 acres); and Lot 16 owner: by Steven Kahan Trust (1.39 acres). See attached map for location of parcels.[1]] |
[1]
Editor's Note: Said map is on file in the Town offices.
8.5.5.
Standards. The following standards apply in the Adult Entertainment Overlay District.
1.
Adult uses may not exceed 3,500 square feet of gross floor area.
2.
No adult use special permit shall be issued to any person convicted of violating the provisions of G.L. c. 119, § 63, or G.L. c. 272, § 28.
3.
No adult use shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or to suffer minors to view displays or linger on the premises.
8.5.6.
Parking requirements. The following parking requirements shall apply:
1.
Parking for adult bookstores, adult paraphernalia stores, and adult video stores shall meet the requirements for retail establishments.
2.
Parking for adult cabarets and adult motion picture theaters shall meet the requirements of places of assembly or restaurants, whichever is greater.
3.
Parking shall be provided in the side or rear yard area only.
4.
All parking areas shall be illuminated, and all lighting shall be contained on the property, and no adult use shall have any flashing lights visible from outside the establishment.
5.
Parking areas shall be landscaped in conformance with the appropriate provisions of the Zoning Bylaw.
8.5.7.
Screening and buffering. The frontage in this zone will have 30 feet of landscaping not including any Town or state land, which will also be landscaped to the pavement. This frontage will be mounded to three feet, then with a wall and plantings or just plantings to achieve a 50% capacity. The final six feet toward the building will be grass or plantings no higher than two feet.
1.
At the building there will be six feet of landscaping on at least three sides. The collector sidewalk can either be on the inside of this six feet or the outside.
2.
The sides and rear of the property will have a minimum of twenty-foot green buffer consisting of a six-foot fence or wall and at least eight feet of landscaping; also there will be a four-inch to six inch street tree every 25 feet.
3.
All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.
8.5.8.
Application information. The application for a special permit from the Board of Appeals for an adult use establishment must include the following information regarding the proposed facility:
1.
Name and address of the legal owner of the establishment;
2.
Name and address of all persons having lawful equity or security interest in the establishment;
3.
Name and address of the manager;
4.
The total number of employees and number of employees on a per-shift basis;
5.
Proposed provisions for security within and without the establishment;
6.
The physical layout of the interior of the establishment;
7.
Proposed hours of operation.
8.5.9.
Procedure. An adult use special permit shall only be issued following a public hearing held within 65 days after the filing of an application with the Board of Appeals, a copy of which shall forthwith be given to the Town Clerk by the applicant.
1.
No building permit shall be granted for an adult use prior to submission and approval of a site plan by the Boards of Appeals.
2.
The Board may impose reasonable conditions on the grant of any special permit, including limitations for the term of such special permit.
8.5.10.
Lapse. Any adult use special permit issued under this bylaw shall lapse within one year, and including such time required to pursue or await the determination of an appeal from the grant thereof, if substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause.
8.6 Medical Marijuana Overlay District.
[Added 5-12-2015 ATM by Art. 39]
8.6.1.
Applicability. The following regulations shall apply to registered marijuana dispensary (RMD) uses as set forth in Section 3.0, "Use Regulations," and as shown in the Table of Use Regulations.[1] RMDs are allowed pursuant to a special permit from the Board of Appeals.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
8.6.2.
Establishment. The Medical Marijuana Overlay District ("MMOD") is established as an overlay district. The boundaries of the MMOD are shown on the Zoning Map on file with the Town Clerk. Within the MMOD, all requirements of the underlying district(s) remain in effect, except where these regulations provide an alternative to such requirements. Land within the MDOD may be used either for 1) a registered marijuana dispensary ("RMD"), in which case the requirements set forth in this section shall apply; or 2) a use allowed in the underlying district, in which case the requirements of the underlying district shall apply. If the provisions of the MMOD are silent on a zoning regulation, the requirements of the underlying district shall apply. If the provisions of the MMOD conflict with the requirements of the underlying district, the requirements of the MMOD shall control.
8.6.3.
Purpose. To provide for the placement of RMDs, in accordance with the Humanitarian Medical Use of Marijuana Act, G.L. c. 94C, App. § 1-1, et seq., in locations suitable for lawful medical marijuana facilities and to minimize adverse impacts of RMDs 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.
8.6.4.
Definitions. Where not expressly defined in the Zoning Bylaws, terms used in the MMOD Bylaw shall be interpreted as defined in the Humanitarian Medical Use of Marijuana Act, G.L. c. 94C, App. § 1-1, et seq., and the Department of Public Health Regulations promulgated thereunder, 105 CMR 725.001 et seq., and otherwise by their plain language.
8.6.5.
Location.
1.
The location of the MMOD is shown on the map titled, "Zoning Map of the Town of Middleton," dated October 29, 1965, including amendments approved by the Attorney General and voted at the May 12, 2015, Town Meeting. The parcels included in the Overlay District are identified as: Assessor's Map 26, Parcels 13A, 13B, 13C, and 13D.
2.
Proximity to other uses:
a.
RMDs may not be located within 500 feet of the following: school (including a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university); child care facility; library; playground; public park; youth center; public swimming pool; video arcade facility; or similar facility in which minors commonly congregate.
b.
The distance under this section is measured in a straight line from the nearest point of the property line of the protected uses identified in Section 4.b. to the nearest point of the property line of the proposed RMD.
c.
The distance requirement may be reduced by 25% or less, but only if:
i
The applicant demonstrates that the RMD would otherwise be effectively prohibited within the municipality;
ii
The applicant demonstrates that the RMD will employ adequate security measures to prevent diversion of medical marijuana to minors who are not qualifying patients pursuant to 105 CMR 725.004.
3.
An RMD may not be located:
a.
Within 500 feet of any other premises containing an RMD;
b.
Inside a movable or mobile structure such as a van or truck.
8.6.6.
Parking requirements. The following parking requirements shall apply:
1.
The number of parking spaces required for RMDs shall be the same as the number required for retail establishments.
2.
Parking shall be provided in the front yard area only.
3.
All parking areas shall be illuminated, and all lighting shall be contained on the property, and no registered marijuana dispensary use shall have any flashing lights visible from outside the establishment.
4.
Parking areas shall be landscaped in conformance with the appropriate provisions of the Zoning Bylaw.
8.6.7.
Screening and buffering. All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.
8.6.8.
Procedure. The Board of Appeals shall be the special permit granting authority (SPGA) for an RMD special permit.
1.
Application: In addition to the materials required under Section 9.4 and 9.5 of the Zoning Bylaw, the applicant shall include:
a.
A copy of its registration as an RMD from the Massachusetts Department of Public Health ("DPH");
b.
Names and addresses of all officers and directors of the establishment, employees, and managers;
c.
Total number of employees and number of employees on a per-shift basis;
d.
Proposed hours of operation;
e.
A detailed floor plan of the premises of the proposed RMD that identifies the square footage available and describes the functional areas of the RMD, including areas for any preparation of MIPs;
f.
Detailed site plans that, in addition to the requirements of Section 9.5 (Site plan review), include information on the convenience and safety of vehicular and pedestrian movement on the site and off the site, if vehicular and pedestrian traffic off-site can reasonably be expected be substantially affected by on-site changes;
g.
A description of the security measures, including employee security policies, approved by DPH for the RMD;
h.
A copy of the emergency procedures approved by DPH for the RMD;
i.
A copy of the policies and procedures for patient or personal caregiver home delivery approved by DPH for the RMD;
j.
A copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between RMDs approved by DPH;
k.
A copy of proposed waste disposal procedures;
l.
A description of any waivers from DPH regulations issued for the RMD; and
m.
Nine copies of application, plans, and supporting materials.
2.
The SPGA shall refer copies of the application to the Board of Selectmen, Inspection Department, Fire Department, Police Department, Board of Health, the Conservation Commission, the Department of Public Works, and the Planning Board. These boards/departments shal1 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.
8.6.9.
Special permit conditions on RMDs. The SPGA shall impose conditions reasonably appropriate to improve site design, traffic flow, 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. In addition to any specific conditions applicable to the applicant's RMD, the SPGA shall include the following conditions in any special permit granted under this bylaw:
1.
Hours of operation, including dispatch of home deliveries; but in no event shall said hours be between 9:00 p.m. and 8:00 a.m.
2.
The permit holder shall file a copy of any incident report required under 105 CMR 725.110(F) with the Zoning Enforcement Officer and the SPGA within 24 hours of creation by the RMD. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.
3.
The permit holder shall file a copy of any summary cease and desist order, cease and desist order, quarantine order, summary suspension order, order limiting sales, notice of a hearing, or final action issued by DPH or the Division of Administrative Law Appeals, as applicable, regarding the RMD with the Zoning Enforcement Officer and SPGA within 48 hours of receipt by the RMD.
4.
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.
5.
The special permit shall lapse within five years of its issuance. If the permit holder wishes to renew the special permit, an application to renew the special permit must be submitted at least 120 days prior to the expiration of the special permit.
6.
The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the RMD.
7.
The special permit shall lapse upon the expiration or termination of the applicant's registration by DPH.
8.
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.
8.6.10.
Exemption from RMD special permit requirement. RMDs that demonstrate that they are protected pursuant to the agricultural exemption under G.L. c. 40A, § 3, are not required to obtain a special permit, but shall apply for site plan approval pursuant to Section 9.5 of the Zoning Bylaw.
8.6.11.
Prohibition Against Nuisances. No use shall be allowed in the MMOD which creates a nuisance to abutters or 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.
8.6.12.
Severability. The provisions of this bylaw are severable. If any provision, paragraph, sentence, or clause of this bylaw 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 bylaw.
8.7 Groundwater Protection Overlay District.
[Added 6-5-2021 ATM by Art. 29]
8.7.1.
Purpose of district. The purpose of this Groundwater Protection District is to:
1.
Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Middleton and adjacent towns;
2.
Preserve and protect existing and potential sources of drinking water;
3.
Conserve natural resources in the Town of Middleton; and
4.
Prevent temporary and permanent contamination of the environment.
8.7.2.
Scope of authority. The Groundwater Protection District is an overlay district superimposed on the other zoning districts. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Uses prohibited in the underlying zoning districts shall not be permitted in the Groundwater Protection District.
8.7.3.
Definitions.
AQUIFER
A geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.
CMR
Code of Massachusetts Regulations.
COMMERCIAL FERTILIZER
Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value in promoting plant growth, except un-manipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, and other products exempted by state regulations.
DISCHARGE
The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, pouring, or placing of toxic or hazardous material or hazardous waste upon or into any land or water such that it may enter the surface or ground waters.
DRY WELL
A subsurface pit with open-jointed lining or holes through which stormwater drainage from roofs, basement floors, foundations or other areas seeps into the surrounding soil.
GROUNDWATER PROTECTION DISTRICT
The land area consisting of aquifers and Zone II recharge areas as identified on a map and adopted pursuant to this bylaw.
HAZARDOUS MATERIAL
Any substance in any form which because of its quantity, concentration, or its chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with one or more substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment, when improperly stored, treated, transported, disposed of, used, or otherwise managed. Hazardous material includes, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious materials, and all substances defined as toxic or hazardous under MGL c. 21E. This term shall not include hazardous waste or oil.
HAZARDOUS WASTE
A substance or combination of substances which, because of quantity, concentration, or physical, chemical or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety, or welfare or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed. This term shall include all substances identified as hazardous pursuant to the Hazardous Waste Regulations, 310 CMR 30.000.
HISTORICAL HIGH GROUNDWATER TABLE ELEVATION
A groundwater elevation determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey.
IMPERVIOUS SURFACE
Material or structure on, above, or below the ground that does not allow precipitation or surface water runoff to penetrate into the soil.
LANDFILL
A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to the Solid Waste Regulations, 310 CMR 19.006.
MassDEP
Massachusetts Department of Environmental Protection.
MGL
Massachusetts General Law.
NON-SANITARY WASTEWATER
Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage, including, but not limited to, activities specified in 310 CMR 15.004(6).
OPEN DUMP
A facility operated or maintained in violation of the Resource Conservation and Recovery Act, 42 U.S.C. § 4004(a)(b), or state regulations and criteria for solid waste disposal.
PETROLEUM PRODUCT
Includes, but not limited to, fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. "Petroleum product" shall not include liquefied petroleum gas, including, but not limited to, liquefied natural gas, propane or butane.
RECHARGE AREAS
Land areas, such as a Zone II, where precipitation and surface water infiltrates into the ground to replenish groundwater and aquifers used for public drinking water supplies.
SEPTAGE
The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. This term shall not include any material that is a hazardous waste, as defined by 310 CMR 30.000.
SLUDGE
The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment, including wastewater residuals. This term shall not include grit, screening, or grease and oil which are removed at the headworks of a facility.
TREATMENT WORKS
Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
UTILITY WORKS
Regulated activities providing for public services, including roads, water, sewer, electricity, gas, telephone, transportation and their associated maintenance activities. This term shall include the installation of detention and retention basins for the purpose of controlling stormwater.
VERY SMALL QUANTITY GENERATOR
Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
WASTE OIL RETENTION FACILITY
A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with MGL c. 21, § 52A.
ZONE II
The delineated recharge area to a public drinking water well as approved by MassDEP and defined under the Massachusetts Drinking Water Regulations, 310 CMR 22.00.
8.7.4.
Establishment and delineation of Groundwater Protection Overlay District. For the purposes of this bylaw, there is hereby established within the Town of Middleton, a certain groundwater protection area consisting of aquifers or recharge areas. This area is delineated on the Middleton Zoning Map and is based on the MassDEP Wellhead Protection Areas (Zone II) layer which is maintained in a MassDEP Enterprise Geodatabase as a polygon feature class named [ZONE2_POLY] and is hereby made part of the Groundwater Protection District Bylaw and is on file in the office of the Town Clerk.
8.7.5.
Permitted uses. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. All uses permitted in the underlying zoning district and not specifically prohibited hereby are permitted within the Groundwater Protection District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained.
8.7.6.
Prohibited uses. The following land uses and activities are prohibited unless designed in accordance with the specified performance standards:
1.
Landfills and open dumps;
2.
Landfills receiving only wastewater residuals and/or septage, including those approved by MassDEP pursuant to MGL c. 21, § 26 through § 53, MGL c. 111, § 17, and MGL c. 83, § 6 and § 7;
3.
Automobile graveyards and junkyards as defined in MGL c. 140B, § 1;
4.
Stockpiling and disposal of snow or ice removed from highways and streets located outside of Zone II that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal;
5.
Petroleum, fuel oil, and heating oil bulk stations and terminals, including, but not limited to, those listed under North American Industry Classification System (NAICS) Codes 424710 and 454311, except for liquefied petroleum gas.
6.
Non-sanitary wastewater discharges from industrial and commercial facilities, except for:
a.
Replacement or repair of an existing system that will not result in a design capacity greater than the existing system;
b.
Treatment works approved by MassDEP designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13); and
c.
Publicly owned treatment works.
7.
Facilities that generate, treat, store, or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.000, except for:
a.
Very small quantity generators as defined under 310 CMR 30.000;
b.
Household hazardous waste centers and events under 310 CMR 30.390;
c.
Waste oil retention facilities required by MGL c. 21, § 52A;
d.
Treatment works approved by MassDEP for the treatment of contaminated waters.
8.
Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;
9.
Storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
10.
Storage of commercial fertilizers unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
11.
Storage of animal manure per [310 CMR 22.21(2)(b)(4)], unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
12.
Storage of liquid hazardous materials and/or liquid petroleum products unless such storage is above ground level and on an impervious surface and either:
a.
In container(s) or above ground tank(s) within a building; or
b.
Outdoors in covered container(s) or above ground tank(s) in an area that has a containment system designed and operated to hold either: 10% of the total possible storage capacity of all containers or 110% of the largest container's storage capacity, whichever is greater; however, these storage requirements shall not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline, provided the replacement is performed in a manner consistent with state and local requirements;
13.
Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other mineral substances within four feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, unless the substances removed are redeposited within 45 days of removal on site to achieve a final grading greater than four feet above the historical high water mark and except for excavations for the construction of building foundations, roads, utility works or wetland restoration work conducted in accordance with a valid order of condition issued pursuant to MGL c. 131, § 40; and
14.
Land uses that result in rendering impervious any portion of any lot or parcel located within the GWPOD more than 15% or 2,500 square feet of such area located within such GWPOD, whichever is greater; unless in full compliance with the requirements of the Middleton Stormwater Management Bylaw, Chapter 204, Article I, of the Town of Middleton General Bylaws.
8.7.7.
Nonconforming uses and structures. The Groundwater Protection Overlay District Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure shall be permitted unless authorized in accordance with Section 3.3, Nonconforming Uses and Structures, of the bylaw.
8.7.8.
Enforcement. Written notice of any violations of this bylaw shall be given by the Building Commissioner to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Board of Appeals, Conservation Commission, Department of Public Works, Fire Department, and Board of Health. The cost of containment, clean-up, or other action of compliance shall be borne by the owner/operator of the premises.
8.7.9.
Severability. If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of this bylaw.