Millbury City Zoning Code

Assisted living facilities (ALF) within a residential environment that offer supportive services to individuals who are unable to live independently in the community by offering supervision and/or assistance with basic activities of daily life, such as, but not limited to, dressing, bathing, toileting, and nutrition; and

The development of ALF in a manner that encourages the renovation and rehabilitation of older, existing buildings; and

The development of ALF in a manner harmonious with the surrounding land uses while protecting natural resources and open space.

A plan at a scale of one inch equals 40 feet showing the topography of the site at a minimum of one-foot intervals, as well as vegetation and special features, including wetlands, perennial streams and ponds, trees of more than eight-inch caliper, rock outcroppings, stone walls, outstanding vistas, archaeological and historic features, slopes in excess of 15%, existing and proposed trails and paths, open vistas, biological or wildlife habitats, and proposed conservation and recreation easement areas;

A proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated date of completion;

Information pertaining to any organization which the Applicant proposes to form where the development is to be a condominium development, including forms and plans to be used to organize and manage the same, for approval as to form by Town Counsel;

Copies of all proposed covenants, easements, and other restrictions which the Applicant proposes to grant to the Town, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are intended to apply, for approval as to form by Town Counsel;

Any and all other information that the Planning Board may reasonably require in form acceptable to it to assist in determining whether the Applicant's proposed development plan meets the objectives of this section.

Open Space Requirements: At least 35% of the parcel containing the ALF shall be contiguous open space. The Planning Board may require that at least half of the open space be left in a natural state. Not less than 50% of the land preserved for open space shall contain buildable land as defined in Section 44.11.

Buffer Areas: In all districts, a buffer area of 50 feet shall be provided at the perimeter of the property, except for driveways necessary for access and egress to and from the site; and a buffer of 100 feet shall be provided at certain resource areas on or adjacent to the tract including lakes, ponds, wetlands, streams, and rivers.

The Planning Board may waive, reduce or increase the buffer requirements where it determines that a larger or smaller buffer (or no buffer) is necessary, or will suffice, to accomplish the objectives set forth herein. Buffer areas shall be retained in their natural vegetative state to the maximum extent feasible.

On-site Pedestrian Circulation. Walkways or trails shall be provided to link residences with parking areas, accessory uses, and adjacent land uses where appropriate. Walkways or trails shall be attractively designed with proper regard for convenience, safety, adequate connectivity, and completeness of access to the various amenities and facilities on the site and to pathways on adjacent sites.

Protection of Natural and Cultural Features. All natural and cultural features, such as stone walls, trees, wooded areas, water courses, scenic points, and historic spots, shall be preserved as much as possible. Any clearance, backfilling, cutting, thinning or other disturbance to trees eight inches or greater in diameter measured four feet above finished ground level, located within the minimum front setback distance, shall be prohibited unless deemed proper by the Board. Any such proposed clearance shall be shown on the plan and written reasons therefor may be requested by the Board.

Access Ways and Associated Infrastructure. The access way(s) and associated infrastructure within the site shall be adequate for the intended use and vehicular traffic and shall conform to the Design and Construction Standards specified for a sub-collector in the Millbury Rules and Regulations Governing the Subdivision of Land. Access ways and associated infrastructure shall be perpetually owned and maintained by an association of unit owners or by the Applicant and his successors in interest.

Building Configuration. An ALF may consist of a single building or multiple buildings containing residential units and ancillary service facilities (i.e., kitchens, dining rooms, recreation areas, nursing stations, reception areas, and management offices). If multiple buildings are proposed, they shall be clustered together.

Parking. The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces. The minimum number of parking spaces provided on the site shall be 0.7 parking spaces per dwelling unit in an ALF. All parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways.

Utilities. All dwelling units shall be served by public water, municipal sewer service or an on-site waste treatment facility (package treatment plant) approved by the Massachusetts Department of Environmental Protection (DEP).

Emergency Systems. The ALF shall have an integrated emergency call, telephone and other communications system to provide monitoring for its residents. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Fire Department for the emergency evacuation of the residents with emphasis on ensuring the safety of residents with physical impairments.

The minimum separation between structures shall be 20 feet;

The maximum height of any structure shall be 35 feet and three stories.

Pre-Application Review. The applicant shall request a pre-application review with the Technical Review Committee and a second pre-application review with the Planning Board. The Technical Review Committee consists of the Town Planner, Director of Public Works, Building Inspector, Fire Chief, Police Chief, Sewer Superintendent, and a representative from the Planning Board and the water company overseeing the municipal system. The Planning Board will invite the Board of Health, the Conservation Commission and other interested persons, commissions and boards to attend the second pre-application meeting with the Planning Board and provide feedback to the applicant. The purpose of a pre-application review is to minimize the applicant's costs of engineering and to commence negotiations with the Planning Board and other departments, boards and commissions at the earliest possible stage in the development. In order to facilitate pre-application review, the applicant shall submit the pre-application materials specified in the Rules and Regulations Governing an Open Space Community. The applicant shall also request a site visit by the Technical Review Committee and Planning Board. The Planning Board shall notify the Board of Health, Conservation Commission, and other interested persons, commissions and boards about the site visit and invite them to attend.

Open Space Community Site Plan. Any person seeking approval for an OSC site plan shall file with the Planning Board an application meeting all the requirements of this section and the requirements of the Rules and Regulations Governing an Open Space Community. In accordance with the Millbury Planning Board Fee Schedule, a nonrefundable filing fee and technical review fee shall be paid to the Town of Millbury. The technical review fee shall be paid to the Town of Millbury for deposit into a special account established by the Town Treasurer under M.G.L. Chapter 44, Section 53G. The balance of this account shall at no time be less than 1/2 the initial deposit, and the applicant shall deposit with the Treasurer such additional funds as are required to restore the account to the amount of the initial deposit upon notice from the Board, by first class mail, that the amount on deposit has been decreased by the expenditures described herein to an amount at or below 1/2 of the initial deposit. If the applicant fails to restore the account balance and the balance is insufficient to pay incurred professional and technical review fees, the Board shall send the invoice directly to the applicant. The Board shall not authorize additional professional or technical work until outstanding invoices are paid. Ninety days following the Board's issuance of a denial or Certificate of Completion, any excess amount in the account attributable to that project, including any interest accrued, shall be repaid to the applicant or the applicant's successor in interest.

The application shall contain an OSC Site Plan consisting of a Sketch Plan and a Yield Plan. Incomplete plans shall not be considered submittals and shall not be considered the start of any time limits within which the Board is required to act.

Within seven days of submission of a completed application, the Planning Board shall refer the application to the Conservation Commission, Fire Department, Building Department, Highway Department, Sewer Department, Police Department, and other applicable boards, committees or departments for review and comments. The parties receiving copies of the application shall submit written recommendations to the Planning Board within 45 days of receipt of the application. Failure to report to the Planning Board within 45 days shall be deemed a lack of opposition thereto.

For every four dwelling units permanently restricted to occupancy 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.

For every four age-restricted dwelling units, one dwelling unit may be added as a density bonus; provided that this density bonus shall not exceed 5% of the basic maximum number.

For the construction of passive and/or active recreation facilities that are available for public use, one dwelling unit may be added per two acres of recreation land or per 2,500 feet of trail; however, this density bonus shall not exceed 5% of the basic maximum number.

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

For every five acres of prime agricultural soils or active farmland preserved at the site, one dwelling unit may be added as a density bonus; provided that this density bonus shall not exceed 5% of the basic maximum number.

For every four dwelling units in which alternative renewable energy (i.e., solar power, wind power, hydroelectric power, and other sources deemed acceptable by the Planning Board) supplies at least 50% of the total annual energy requirements for heating and hot water for that dwelling unit, one dwelling unit may be added as a density bonus; provided that this density bonus shall not exceed 5% of the basic maximum number.

Identifying Conservation Areas. Identify and delineate Primary Conservation Areas (such as wetlands, riverfront areas and floodplains regulated by state or federal law) first, Secondary Conservation Areas (unregulated elements of the natural landscape such as agriculturally significant soils or farms, aquifers, unique or sensitive wildlife habitats, unusual geologic formations, steep slopes, mature forests, meadows, scenic views, and cultural features such as historic and archeological sites) second, and the Potentially Developable Area last. To the maximum extent possible, the Potentially Developable Area shall consist of land outside identified Primary and Secondary Conservation Areas.

Locating House Sites. Locate the approximate sites of individual houses within the Potentially Developable Area as well as private yards and shared amenities so as to reflect an integrated community. The number of homes enjoying the amenities of the development (including conservation areas) should be maximized.

Aligning the Streets and Trails. Align the streets in order to access the house lots. Trails shall be laid out to create internal and external connections to existing and/or potential streets, sidewalks and trails.

Draw in the lot lines. The Planning Board has the right to waive this requirement in an OSC that utilizes condominium ownership.

Generic Design Standards:

Site Specific Design Standards:

Not less than 50% of the land preserved for common open space shall contain buildable land as defined in Section 44.11.

The common open space shall be of a shape, dimension, character, and location suitable for use by all residents of the OSC.

The common open space shall be large and contiguous. Contiguous open space may be separated by a roadway or accessory amenity. The Planning Board may waive this requirement for all or part of the required open space where it is determined that allowing non-contiguous open space will promote the goals of this bylaw and/or protect identified primary and secondary conservation areas.

The common open space shall be used for the following purposes or a combination thereof: conservation, forestry, horticulture, agriculture, historic preservation, outdoor education, and active and passive recreation. The common open space shall have at least 40 feet of frontage to permit suitable access for such purposes. The Planning Board may permit up to 5% of the open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space. Subsurface wastewater and stormwater management systems serving the OSC may be located within the open space provided that the Board finds that such uses will not be detrimental to the character, quality or use of the open space. Surface stormwater management systems, such as retention and detention ponds, shall not count towards the minimum required common open space.

Common open space shall not include driveways, roads or ways necessary for access and egress to the site.

The common open space shall be conveyed to:

Land within a floodplain as defined by Section 36.1.

Fresh water wetlands, as defined by Section 40, Chapter 131, Massachusetts General Laws.

Land having slopes in excess of 25%.

Land previously prohibited from development under a conservation restriction held by the Conservation Commission or a conservation land trust.

Land otherwise prohibited from development by local or state bylaw, regulation, or statute. Not more than 5% of the land designated for roads or lots for dwellings or other development within the Open Space Community shall fall outside the boundaries of the "Buildable Land Area."

No lot for a single-family or two-family structure shall contain less than 5,000 square feet of land area. No lot for a three-family structure shall contain less than 7,500 square feet of land area.

No lot for a single-family or two-family structure shall contain less than 60 feet of frontage, and no lot for a three-family structure shall contain less than 100 feet of frontage.

No lot for housing structures shall have frontage on a way other than one created within an OSC.

The minimum frontage for the overall site subject to OSC shall be 50 feet.

Housing structures shall be at least 20 feet apart.

Maximum building height shall be 30 feet.

An increase in the number of building lots;

A significant decrease in the open space acreage;

A significant change in the lot layout;

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

Significant changes to the stormwater management facilities; and/or

Significant changes in the wastewater management systems if such changes affect the quality or quantity of open space or the designed layout.

Applicability. The Planning Board may grant a special permit authorizing the construction of an accessory dwelling unit within a new or existing owner-occupied, single-family dwelling or building accessory thereto in any Residential and Suburban District located on a lot fully conforming to all zoning requirements for its district or on a legal, pre-existing, nonconforming lot and/or within a legal pre-existing, nonconforming single-family structure, subject to the following regulations and conditions.

Purpose and Intent. The purposes of this bylaw are:

Use and Dimensional Requirements.

Application Procedure. The procedure for the submission and approval of a special permit for an accessory dwelling in an owner-occupied, single-family dwelling shall be the same as prescribed in Section 12.4, Site Plan Review, and Section 14, Special Permits.

Quota. All applications for a special permit pursuant to this section shall be acted upon in the order in which they are filed. The Planning Board may issue, in order of submission of a complete application, a maximum number of 15 Accessory Dwelling Unit special permits within a calendar year.

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 Millbury;

Preserve and protect existing and potential sources of drinking water supplies;

Conserve the natural resources of the Town of Millbury; and

Prevent temporary and permanent contamination of the environment.

There are hereby established within the Town of Millbury, as delineated on the Zoning Map, certain aquifer and watershed protection areas designated as A and B, consisting of aquifers or recharge areas, which together shall constitute the Aquifer and Watershed Protection Overlay District. The District includes all areas within the District designated by the DEP as "Zone II," and one area designated as "Zone III."

As necessary, the Building Inspector shall determine, by consulting the Zoning Map, what portion of a particular lot or parcel of land, if any, is located within the District. The Building Inspector's determination may be appealed to the Board of Appeals in accordance with M.G.L. c. 40A, § 8.

The burden of proof shall be upon the owner disputing the Building Inspector's determination. In response to such a dispute, the Board of Appeals may engage a professional engineer, registered land surveyor, hydrologist, geologist or soil scientist to confirm the boundaries of the District with respect to individual parcels of land, and may charge the owner(s) for the cost of the investigation.

Where the boundary line of the Aquifer and Watershed Protection Overlay District divides a lot or parcel, the requirements established by this bylaw shall apply only to the portion of the lot or parcel located within the District.

Landfills and open dumps as defined in 310 CMR 19.006;

Automobile graveyards and junkyards, as defined in M.G.L. c. 140B, § 1;

Landfills receiving only wastewater and/or septage residuals including those approved by the Department pursuant to M.G.L. c. 21, §§ 26 through s. 53; M.G.L. c. 111, § 17; M.G.L. c. 83, §§ 6 and 7, and regulations promulgated thereunder;

Facilities that generate, treat, store or dispose of hazardous waste that are subject to M.G.L. c. 21C and 310 CMR 30.00, except for:

Petroleum, fuel oil, and heating oil stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum gas;

Storage of liquid hazardous materials, as defined in M.G.L. c. 21E and/or liquid petroleum products unless such storage is:

Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;

Storage of animal manure unless covered or contained within a structure designed to prevent the generation and escape of contaminated runoff or leachate;

Earth removal, consisting of the removal of soil, loam, sand, gravel or any other earth material to 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, except for excavation for building foundations, road or utility works;

Discharge to the ground of non-sanitary wastewater including industrial and commercial process waste water, except:

Stockpiling and disposal of snow and ice containing deicing chemicals brought in from outside the district;

Storage of chemical fertilizers, as defined in M.G.L. c. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;

All other uses not expressly permitted pursuant to this bylaw, either by right or by special permit.

Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning (except as prohibited under Section 47.6). Such activities shall require a special permit to prevent contamination of groundwater.

Any use that will render impervious more than 15% or 2,500 square feet of any lot or parcel, whichever is greater. A system for groundwater recharge must be provided which does not degrade groundwater quality. For non-residential uses, recharge shall be by storm water infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. For all non-residential uses, all such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.

The Special Permit Granting Authority (SPGA) under this bylaw shall be the Board of Appeals. The SPGA may grant a special permit if it determines that the intent of this bylaw, as well as its specific criteria, are met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite and credible information to support positive findings in relation to the standards given in this section.

Upon receipt of the special permit application, the SPGA shall transmit one copy to the Millbury Planning Board, Board of Health, Conservation Commission, Department of Public Works, and Water District for review and comment. Failure to respond in writing within 35 days of receipt shall indicate approval, or no desire to comment. The necessary number of copies of the application shall be furnished by the applicant.

The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in Section 47.6 of this bylaw, and any regulations or guidelines adopted by the SPGA. The proposed use must:

Written notice of any violations of this bylaw shall be given by the Building Inspector 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 Town of Millbury's Board of Appeals, Planning Board, Board of Health, Conservation Commission, Department of Public Works, and Water District. The cost of containment, clean-up or other action of compliance shall be borne by the owner and operator of the premises.

Node Classification I.

Node classification I shall be any parcel in the 146 HCOD which contains a minimum lot area of 16 contiguous acres.

Node Classification II.

Node classification II shall be any parcel in the 146 HCOD which contains a minimum lot area of four contiguous acres.

Uses Allowed by Right (Node or Underlying).

If there is no node application, then the underlying uses will be permitted.

Mixed Use.

A concentration of complementary land uses that combine uses in a compact area, in one or separate structures on the same node, are strongly encouraged. These uses would be physically integrated by road and pedestrian systems. All uses allowed by the Route 146 Highway Corridor Overlay District require access be obtained on accessory roads.

Greenways.

Open space shall be located where it abuts or is in proximity to adjacent open space land. These open space parcels may form an extensive greenway. Uses could include bicycle paths, hiking trails, wildlife corridors, and scenic vistas.

Open Space Swapping.

The applicant may meet the open space requirements set forth in these regulations by the purchase of development rights to lands off site in the following manner:

Lands which are to be swapped as open space shall be turned over to the Town or its designee via a manner meeting with the Planning Board's approval. The applicant shall submit a site plan of said lands indicating compliance of the lot area definition. Said plan is to be stamped by a professional engineer and signed by a botanist, in order to assure dimensional and coverage requirements.

Berms.

A four-foot-high, twenty-five-foot wide earth berm with deciduous or evergreen trees shall be placed between residential and suburban properties. Said berm shall also be placed between Route 146 and accessory roads.

Parking Areas.

Parking areas shall be screened from any adjacent residential uses. To the extent feasible, parking areas shall be shared with adjacent businesses. For developments which make a long term commitment to actively promote employee and public use of transit, ridesharing, and other means to reduce single occupant vehicle trips, minimum parking standards may be reduced by a percentage to be determined by the Planning Board based upon the adequacy of trip reduction plans.

Driveways and parking areas shall be paved with concrete, bituminous concrete, or other similar material. Surface treated parking areas and driveways shall be prohibited. Curbs and gutters shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as to not interfere with pedestrian traffic. Granite curbing shall be installed on all radii and in front of sidewalks abutting buildings.

Parking Spaces.

There shall be a maximum of eight rows with a nine-foot linear island separating each eight-row field. Retention of original trees is encouraged in the islands.

Distance from Buildings.

A minimum of eight feet will be maintained between any building, or contiguous building, including any walkway immediately adjacent thereto, and the parking area. This space is to be reserved for plant material, either existing or planned.

Illumination.

Drives and parking areas shall be illuminated in such a way that there shall be no glare for motorists, pedestrians, or adjoining premises.

Number of Spaces.

Accommodation of Vehicles.

All uses shall provide parking spaces adequate to accommodate the vehicles of occupants, employees, members, customers, clients, residents, and visitors to the premises, as determined by the Planning Board.

Mixed Use Parking.

In the case of mixed uses, the parking spaces required shall be the sum of the requirements for the various individual uses computed separately. Parking spaces for one use shall not be considered as providing the required parking for any other use.

Multiple Parking Areas.

Parking lots over 200 spaces shall consider the creation of multiple separated parking areas. These areas shall be separated by landscaping elements and/or differences in grade, and shall be naturally screened from one another.

Parking Area Landscaping.

Parking areas shall be landscaped in the following manner: A landscaped buffer strip at least 15 feet wide, continuous except for approved driveways, shall be established adjacent to the 146 HCOD to visually separate parking and other uses from the highway. The buffer strip shall be planted with grass, medium height shrubs, and shade trees (minimum four-inch caliper, planted at least every 50 feet along the road frontage). At all street or driveway intersections, trees or shrubs shall be set back a sufficient distance from such intersections so that they do not present a traffic visibility hazard.

One deciduous shade tree (minimum three-inch caliper) must be planted in linear landscaped islands as defined in Section 48.62.

All landscaped areas shall be properly maintained. Shrubs or trees which die shall be replaced within one growing season.

Natural Topography.

Efforts shall be taken to maintain the continuity of the natural topography when building on any site. Cut and fill shall be avoided in all instances possible, and structures shall be designed and sited to fit naturally into the topography rather than radically altering the topography to conform to structures or other side uses. Except in areas where terracing is used, when excavation is necessary, grading shall be done in such a way that the resulting contours follow in smooth natural curves that conform to the curves of the surrounding landscape. Straight or angular slopes or cuts which interrupt natural topography shall not normally be allowed.

Changes in Topography.

Abrupt changes in topography near lot lines which might otherwise result in excessive water runoff, erosion, or hazards, shall not be allowed in excess of the following conditions, except by Special Permit:

Building Separation.

While there are no precise side and rear yard requirements in node classification I and II in terms of specific depth, except as required for projects abutting existing residential structures, all structures and site features must conform to the Massachusetts Building Code with respect to building separation and fire walls and conform to the Millbury site plan performance standards.

The open space requirement is used in order to provide the flexibility to protect significant environmental resource features, such as wetlands and streams, major trees and vegetation, and scenic views, to maintain significant open space areas for the enjoyment of the residents and business patrons; and to promote a variety of site plans thereby avoiding a highway strip appearance.

Multiple Buildings.

Not more than one principal building shall be erected on a lot unless the Planning Board determines that access to additional buildings is adequate to meet safety concerns.

Dimensional Requirements.

All principal buildings erected in the 146 HCOD shall be located on a lot such that all of the requirements set forth herein are conformed to, except where specifically exempted by this bylaw.

Dimensional Schedule.

View of Highway.

Large work area doors or open bays shall not open toward or face the highway. Heating, ventilating, and air conditioning equipment, duct work, air compressors, and other fixed operating machinery shall be screened from view and where possible will not be visible from the highway.

Building Materials.

Buildings shall be designed to use, to the greatest extent feasible, buildings materials that are compatible with the surrounding environment, such as rock, stone, brick and wood. Mirrored glass with a reflectance greater than 20% is prohibited.

Utilities.

All utility lines such as electric, telephone, or other similar lines shall be installed underground. This requirement shall apply to lines serving individual sites as well as to utility lines necessary within the project. All junction and access boxes shall be screened with appropriate landscaping. All utility pad fixtures and meters would be shown on the site plan. The necessity for utility connections, meter boxes, etc., should be recognized and integrated with the architectural elements of the site plan.

Divided Property.

Persons with property divided by the highway corridor district boundary are required to comply with the district standards only for that segment of the property within the boundary or as adjusted above.

Disturbance of Natural Feature.

Except under an approved order of conditions issued by the Millbury Conservation Commission pursuant to the provisions of Massachusetts General Laws, Chapter 131, and the regulations promulgated thereunder, no disturbance of any natural feature of land shall occur within 100 feet of the centerline of any brook, stream, or river; nor within 100 feet of the normal high water line of any lake, pond, marsh, swamp, or bog.

Area of Sign.

The area of a sign shall be considered to include all lettering, wording, and accompanying designs and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign, and any "cutouts" or extensions, but shall not include any supporting structure or bracing.

Prohibited Signs.

Flashing signs, roof signs, signs containing moving parts, and signs containing reflective elements which sparkle in the sunlight are not permitted. Signs indicating the current time and/or temperature are permitted, providing they meet all other provisions of this bylaw.

In no case shall any sign exceed 200 square feet.

Three-dimensional signs are not permitted.

Additional signage requirements shall be determined using the criteria listed in the site plan review procedures.

Removal.

Development of land for different uses and intensity of uses will often times necessitate the removal of trees to accommodate roads, parking, buildings and facilities. It is the expressed intent of this section that every effort be made through the design, layout, and construction of development projects to incorporate and save as many trees as possible.

No person shall cut, destroy, move or remove any living, disease-free tree of any species, have a trunk with a diameter of eight inches or larger, measured 4 1/2 feet from the base, in conjunction with any development of land governed by this section unless and until such removal or destruction has been approved under the provisions of this section.

No person shall cut or clear land of trees for the sole purpose of offering land for sale.

Clear-Cutting.

Except for property classified for tree farming, the clear-cutting of trees is prohibited. The term "clear-cutting" as used herein shall mean the cutting of more than 75% of the trees six inches in trunk diameter or larger. Clear-cutting pursuant to an approved development plan shall require the planting of replacement trees as indicated in the detailed landscape plan accompanying the development application.

Survey.

A survey of all trees of applicable size shall be made and submitted in conjunction with the development site layout. All trees proposed for removal shall be clearly noted. The tree survey shall be certified by either a land surveyor, engineer, or landscape architect registered in Massachusetts.

The requirement for a tree survey is waived when preliminary site evaluation by the applicant reveals the ability to accomplish the proposed project without removal of any trees eight inches in diameter or larger. The applicant shall submit a written statement that no trees will be removed and his permit will indicate no tree removal as a condition thereof.

The parcel shall be in single or consolidated control at the time of application and shall have the minimum acreage stipulated for the type of node classification;

A site plan shall be presented for the entire parcel, and shall be subject to approval by the Planning Board;

Uses shall be contained in one continuous building except that groupings of buildings may be allowed by the Planning Board where such groupings are consistent with the safety of the users of the development and are further consistent with the overall intent of this section;

The development shall be served by a public/private water system, adequate in terms of fire protection and domestic use;

A common architectural theme shall be reflected in the building by means of building materials, architectural style, sign controls and color coordination. Elevations of all proposed structures shall be in keeping with the historic, cultural, and natural environmental character of Millbury and the Blackstone Valley and shall be prepared by an architect registered in Massachusetts showing building materials and colors.

Commercial uses shall be compatible and consistent with the character and needs of the Town.

The site plan shall be developed in the form of a mall, court, or park with walkways, shade trees, benches and appropriate amenities for the users of the development. All other pertinent Millbury zoning bylaws apply to the 146 HCOD unless superseded by this bylaw.

Ways will be recommended for designation as scenic road on stated criteria;

Ways so designated will not be altered without following proper procedures and without adherence to proper considerations; and

Ways so designated will not be altered by the decision of any person, organization, or agency other than the Planning Board.

The Planning Board shall be responsible for the recommendation to the Town Meeting as to whether a road, other than a numbered road or a state road, should be designated as scenic.

Upon the receipt of a request to designate an accepted Town road as scenic, the Planning Board shall forward the request to the Historical Commission and the Conservation Commission for review and comment. Should either the Historical Commission or the Conservation Commission fail to make recommendation to the Planning Board within 45 days of the request for designation, such failure shall be deemed approval by that Commission.

The Planning Board, Historical Commission and Conservation Commission shall, in determining their recommendations as to which road(s) or portion(s) should be designated as scenic roads, consider the following criteria:

Notify all municipal departments that may take any action with respect to such road;

Notify the State Highway Department;

Publish in the local paper by a news release that the road or roads have been so designated;

Indicate such designations on all maps currently in use by municipal departments;

Notify all utility companies or other such parties which may be working on the border of such road.

Filing. Any person, organization, state or municipal agency seeking the written consent of the Planning Board under M.G.L. Chapter 40, Section 15(c), regarding the cutting or removal of trees or the tearing down or destruction of stone walls or portions thereof on a scenic road shall file a request with the Planning Board, together with the following:

Notice. The Planning Board shall, as required by the statute, give notice of its public hearing by advertising twice in a newspaper of general circulation in the area. This notice shall contain a statement as to the time, date, place and purpose of the hearing with a reasonable description of the action proposed by the applicant. Copies of this notice shall also be sent to the Selectmen, the Conservation Commission, the Historical Commission, the Highway Surveyor, the Tree Warden and the owners of the property within 100 feet of the proposed action.

Timing of Notice. The first publication of the notice shall be as soon as feasible after the Planning Board receives the request from the applicant, and shall in all cases be at least 14 days before the hearing. The last publication shall occur, as required by statute, at least seven days prior to the hearing.

Timing of Hearing. The Planning Board shall hold a public hearing within 45 days of the Planning Board meeting at which a properly filed request is received. The date and time of the public hearing shall be set outside of normal weekday work hours (8:00 a.m. to 5:00 p.m., Monday through Friday) so as to encourage maximum citizen participation.

Timing of Decision. The Planning Board shall make a decision on the request within 21 days of the public hearing.

Public Shade Tree Act. Notice shall be given and Planning Board hearing shall be held in conjunction with those held by the tree warden acting under M.G.L. Chapter 87. The consent of the Planning Board to a proposed action shall not be regarded as inferring consent by the tree warden or vice versa. The Planning Board decision shall contain a condition that no work should be done until all applicable provisions of the Public Shade Tree Law, M.G.L. Chapter 87, have been complied with.

Performance Guarantee. Before endorsement of its approval on a plan, the Planning Board may require that the proposed work to be done, be secured by bond sufficient in form and amount in the opinion of the Planning Board to ensure satisfactory performance of the proposed work.

The degree to which the proposed action would adversely affect the scenic, aesthetic and historical values upon which the scenic road designation was originally based;

The necessity for the proposed action in terms of public safety, welfare, or convenience;

Availability of reasonable alternatives to the proposed action which could reduce or eliminate anticipated damage to trees or stone walls;

Whether the proposed action would compromise or harm other environmental or historic values;

Compensatory actions proposed, such as replacement of trees or walls;

Consistency of the proposed action with previously adopted Town plans and policies.

A technical report from a qualified individual attesting that the site is feasible for wind power, that documents wind speed at the proposed site, that anticipates energy that will be created from the Wind Energy System, and that estimates the amount of energy necessary to serve the on-site uses;

Manufacturers' specifications for the proposed wind turbine, attendant facilities, and all related equipment;

Tower foundation blueprints or drawings signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts;

Evidence that the utility company providing service to the site has been informed of, and, as necessary, approved the Applicant's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement;

Pre- and post-construction simulation views of the site from at least four locations where the Wind Energy System will be visible through means of photographs, sketches and/or computer simulations;

Material describing a specific plan for a "balloon" or similar test, including the date and time, as well as a rain date and time, suitably and clearly described for inclusion in the legal notice for the newspaper and abutters' mailing. The test shall demonstrate the height of the proposed facility;

If lighting is required by the FAA, the Applicant shall provide a copy of the FAA's determination to establish the required markings and/or lights for the structure. The Applicant shall submit a plan indicating the horizontal foot candles at grade, within the property line and 25 feet beyond the property lines. The plan shall also indicate the location and types of luminaries proposed;

A proposed maintenance schedule for the Wind Energy System;

Emergency shutdown procedures for the Wind Energy System.

Setbacks. A Wind Energy System or Met Tower shall not be located closer to a property line than the height of the tower plus the height of the blade in its vertical position plus 50 feet. No inhabited structures, overhead utility lines, public or private roads or rights-of-way shall be located within the setback distance. No part of the Wind Energy System or Met Tower support structure, including guy wire anchors, but excluding access roads, may extend closer to the property boundaries than the standard structure setbacks for the zone where the land is located. The Planning Board may reduce the setback distances for the Wind Energy System if an abutting property owner(s) provides the Applicant with a recorded easement agreeing to the use limitations.

Noise. The Wind Energy System shall conform with the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10). Except during short-term events such as high windstorms or utility outages, the sound created by said facility shall not exceed 64 decibels (dba) for Small Wind Energy Systems and 70 decibels (dba) for Large Wind Energy Systems as measured from the nearest property line. If noise levels are found to exceed allowable limits, the Building Inspector shall notify the owner of the property in writing to correct the violation. The Wind Energy System shall remain inactive until the noise violation is remedied. If the owner does not remedy the noise violation within 30 days, the Building Inspector shall require the facility to be relocated or removed.

Height and Rated Nameplate Capacity. Wind Energy Systems are subject to the following height and rated nameplate capacity:

Unauthorized Access. The wind energy system shall be designed to prevent unauthorized access. For instance, the base of the tower may be enclosed by a fence and/or shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of 12 feet above the ground.

Visual Impact. Installation of the Wind Energy System shall not create a substantially adverse visual impact. The Wind Energy System shall be sited in a manner that does not result in significant shadowing or flicker impacts. The Wind Energy System shall have a low reflective finish of an unobtrusive color. The Planning Board may require the structure to be painted or otherwise camouflaged to minimize visual impact.

A monopole tower shall be the preferred type of support.

Equipment Shelter. All equipment necessary to monitor and operate the wind facility shall be contained within the turbine tower unless technically infeasible, in which case ancillary equipment may be located outside the tower, provided it is contained either within an underground vault, or enclosed within a separate structure.

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

Electromagnetic Interference. The Wind Energy System shall cause no disrupting electromagnetic interference. If it is determined that a Wind Energy System is causing interference, the operator shall take the necessary corrective action to eliminate this interference, subject to the approval of the Building Inspector.

Telecommunications. A wind turbine tower may be used as a wireless communication facility, subject to the requirements of the Federal Communications Commission (FCC), Section 26 herein and the following additional requirements:

Signs. No signs will be erected on the Wind Energy System except a sign identifying the Wind Energy System, the owner, the operator, and an emergency telephone number, no-trespassing signs, and any signs to warn of danger. All signs shall comply with Section 34 herein.

Natural Vegetation. Clearance of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the Wind Energy System.

At all times the Applicant shall maintain the Wind Energy System and related equipment in good working condition and perform regular maintenance in accordance with the approved maintenance schedule. A record shall be kept of all maintenance performed, and said maintenance record shall be provided to Town officials whenever requested to verify maintenance or status.

Should the Wind Energy System fall into disrepair, the Applicant shall correct the deficiency within seven days. If the system is producing an unusual emission or condition, the Applicant shall address the situation within 24 hours or render the system inactive until the problem can be remedied.

Failure to properly maintain the Wind Energy System or correct other issues may result in revocation of the Special Permit, if applicable.

The Applicant shall provide a copy of the site plan and emergency shutdown procedures to the Emergency Management Director, Police Chief and Fire Chief prior to issuance of a Certificate of Completion. Upon request, the Applicant shall cooperate with local emergency services in developing an emergency response plan.

The Applicant or facility owner shall provide the Building Inspector with the contact information for a person responsible for responding to public inquiries and complaints throughout the life of the project and post this information in a visible location within 20 feet of the tower. This contact information shall be updated as necessary.

The owner of the Wind Energy System shall submit a letter to the Building Inspector in December of each year confirming that the Wind Energy System is still in use and verifying compliance with standards of the bylaw and the Special Permit decision, if applicable. The owner shall notify the Building Inspector by certified mail on any proposed date of discontinued operations and plans for removal of the Wind Energy System.

A Wind Energy System that is not used for 12 successive months, or that has reached the end of its useful life, shall be deemed discontinued, and shall be removed by the owner. Upon a Notice of Discontinuance issued by the Building Inspector, the owner will have 30 days to provide sufficient evidence that the system has not been discontinued. Failure to provide such evidence to the Building Inspector within the time allowed shall be conclusive evidence that the Wind Energy System operation has been discontinued.

The owner shall dismantle and physically remove the Wind Energy System within 90 days from the date of discontinued operations. Removal of the system shall include the structure, foundation, transmission equipment, equipment shelter, fencing, and other appurtenances. All solid and hazardous wastes shall be disposed of in accordance with local and state waste disposal regulations. The site shall be re-vegetated to prevent erosion.

If the owner fails to remove the Wind Energy System in accordance with the requirements of this bylaw, the Town shall have the right, to the extent otherwise duly authorized by law, to enter the property and remove the Wind Energy System at the expense of its owner and the owner(s) of the site on which the system is located.

A Special Permit issued in accordance with this bylaw shall automatically expire if the Wind Energy System is discontinued or the system installation is not completed and commissioned within 12 months of the date that construction was initiated.

Blueprints or drawings of the solar photovoltaic installation signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;

One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code and National Electrical Safety Code compliant disconnects and over current devices;

Manufacturers' specifications and installation manuals (if available) of the major system components to be used, including, but not limited to, the PV modules, mounting system, combiner box, disconnects, inverter(s);

Operation and Maintenance Plan which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for periodic inspections and operational maintenance of the installation;

Emergency shutdown procedures for the solar photovoltaic installation;

Evidence that the utility company that operates the electrical grid where the installation is to be located has been informed of the Applicant's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement;

Proof of liability insurance.

Dimensional Requirements. No part of the large-scale ground-mounted solar photovoltaic installation, including appurtenant structures, shall be located closer to a property line than 125 feet. Maximum lot coverage requirements shall be consistent for the district within which the installation is located.

Height Requirements. Freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 12 feet in height above finished grade.

Appurtenant Structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations, including but not limited to equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shielded from view by existing vegetation or plantings and/or joined or clustered to avoid adverse visual impacts.

Fencing. An eight-foot-tall security fence shall be installed around the entire perimeter of the large-scale ground-mounted solar photovoltaic installation.

Land Clearing. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the solar photovoltaic installation or otherwise prescribed by applicable laws, regulations and bylaws.

Screening. Landscaping shall be required to screen the solar photovoltaic installation and accessory structures from roadways, wetlands and adjacent uses. The width of the landscaped buffer shall be a minimum of 90 feet. Within the landscaped buffer, landscaping shall not be managed, maintained, trimmed or subject to selective removal for the purpose of additional solar gain. Where existing landscaping is insufficient for year-round screening purposes, the Planning Board will require installation of additional vegetation and/or fencing. The Planning Board may waive this requirement if it determines that there is no public benefit from such screening.

Lighting. Lighting shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

Glare. No solar photovoltaic installation shall produce glare that would constitute a nuisance to occupants of neighboring properties or persons traveling neighboring roads.

Signs. No signs shall be erected on the solar photovoltaic installation except signs identifying the owner, the operator, the manufacturer, an emergency telephone number, safety signage, and warning signage. Special placards and signs shall be installed on all combiner boxes, inverters, transformers, disconnects, and panel feed breakers. This shall include the following placards:

WARNING — SOLAR INVERTER OUTPUT DISCONNECT

DO NOT RELOCATE THIS DEVICE

AC Disconnects located at: (i.e., Rear of maintenance shed)

A permanent sign shall be installed that shows the peak power, current, and voltages of each inverter, in lettering that is legible from a distance of three feet.

All signs shall comply with local utility requirements and Section 34 herein.

Network Interconnections and Power Lines. To the extent feasible, all network interconnections and power lines, to and from the facility, shall be located underground. Electrical transformers for utility interconnections may be aboveground if required by the utility provider.

At all times the solar photovoltaic installation shall be maintained in good working condition and regular maintenance shall be performed in accordance with the approved maintenance schedule. A record shall be kept of all maintenance performed, and said maintenance record shall be provided to Town officials whenever requested to verify maintenance or status.

The owner or operator shall provide a copy of the site plan and emergency shutdown procedures to the Emergency Management Director, Police Chief and Fire Chief prior to issuance of an occupancy permit. The owner or operator shall cooperate with local emergency services in developing an emergency response plan.

The owner or operator shall provide the Building Inspector with the contact information for a person responsible for responding to public inquiries and complaints throughout the life of the project and post this information in a visible location at the installation. This contact information shall be updated as necessary.

At least 30 days prior to the date of discontinued operations, the owner of the solar photovoltaic installation shall notify the Building Inspector by certified mail of any proposed date of discontinued operations and plans for removal of the solar photovoltaic installation.

A solar photovoltaic installation that is not used for 12 successive months, or that has reached the end of its useful life, shall be deemed discontinued, and shall be removed by the owner. Upon issuance of a Notice of Discontinuance by the Building Inspector, the owner shall have 30 days to provide sufficient evidence that the system has not been discontinued. Failure to provide such evidence to the Building Inspector within the time allowed shall be conclusive evidence that the solar photovoltaic installation has been discontinued.

The owner shall dismantle and physically remove the solar photovoltaic installation within 90 days from the date of discontinued operations. Removal of the system shall include:

To provide for the placement of Marijuana Establishments and Registered Marijuana Dispensaries in appropriate places and under conditions in accordance with the provisions of Massachusetts General Laws Chapter 94G;

To protect the health, safety, and general well-being of Millbury residents, the public, patients seeking treatment, customers seeking to purchase marijuana for recreational use, and patients seeking marijuana for medicinal purposes;

To minimize any adverse impacts of Marijuana Establishments and Registered Marijuana Dispensaries on abutters, residential neighborhoods and sensitive land uses;

To regulate the siting, design, security, safety, transfer, discontinuance, and quota of Marijuana Establishments and Registered Marijuana Dispensaries.

No Marijuana Establishment or Registered Marijuana Dispensary shall be located within 500 feet of the property boundary line of any lot in use as a licensed daycare center, public or private pre-school or school providing education in kindergarten or any of grades 1-12, church, library, park, or playground. No Marijuana Establishment or Registered Marijuana Dispensary shall be located within 500 feet of any lot in use as a Marijuana Establishment or Registered Marijuana Dispensary, except where the marijuana facility is operated by the same individual, organization, or affiliated organization. For purposes of this provision, distance shall be measured in a straight line from property boundary line to property boundary line;

A Marijuana Establishment or Registered Marijuana Dispensary shall be located within a fully-enclosed, permanent building and may not be located in a trailer, cargo container, motor vehicle or other similar non-permanent enclosure;

A Marijuana Establishment or Registered Marijuana Dispensary shall not have drive-thru service;

A Marijuana Establishment or Registered Marijuana Dispensary shall not be located within a building containing residential units;

No smoking, burning, consumption, or use of marijuana or Marijuana Products shall be permitted on the premises of a Marijuana Establishment or Registered Marijuana Dispensary with the exception of product testing performed at an Independent Testing Laboratory;

Marijuana, marijuana products, associated supplies, and/or promotional/advertising materials shall not be displayed or visible to a person from the exterior of a Marijuana Establishment;

A Marijuana Establishment or Registered Marijuana Dispensary shall not display signage or other marketing materials on the exterior of the building or in any manner visible from the public way, which, in the opinion of the Planning Board, may promote or encourage the use of marijuana or other drugs by minors;

A Marijuana Establishment or Registered Marijuana Dispensary shall be ventilated in such a manner that:

The hours of operation of a Marijuana Establishment or Registered Marijuana Dispensary shall be determined by the Planning Board as a condition of the special permit.

The name and address of each owner of the facility/operation;

Copies of all documentation demonstrating appropriate application status under the state law, or registration or license, issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility;

Evidence that the applicant has site control and the right to use the site for a Marijuana Establishment or Registered Marijuana Dispensary 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;

A description of all activities to occur on site, including all provisions for the delivery of marijuana and related products;

Details showing all proposed exterior security measures for the premises, including lighting, fencing, gates and alarms, etc., which seek to ensure the safety of employees and patrons and to protect the premises from theft and other criminal activity. A letter from the Town of Millbury Police Chief, or his/her designee, acknowledging review and approval of the security plan for the Marijuana Establishment or Registered Marijuana Dispensary shall be submitted with the application. To the extent allowed by law, all such documents shall be confidential;

Details of the ventilation system.

Minimizes through design any adverse impacts on abutters and other parties in interest, as defined in M.G.L. Chapter 40A, Section 11;

Demonstrates to the satisfaction of the Planning Board that it meets all of the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will comply with all applicable state laws and regulations;

Adequately addresses issues of site layout, security, ventilation, vehicular and pedestrian traffic, circulation, parking and queuing;

Satisfies all of the conditions and requirements set forth in this section.

A special permit granted under this Section 52 shall run with the applicant and shall be non-transferrable to another owner or operator without an amendment to the special permit following a noticed public hearing in accordance with M.G.L. c. 40A and the Zoning Bylaws;

Any Marijuana Establishment or Registered Marijuana Dispensary permitted under this section shall be required to remove all material, plants, equipment and other paraphernalia in compliance with 105 CMR 725.105(J) and (O) prior to the expiration of its Department of Public Health (DPH) Registration, immediately following revocation or voiding of its DPH Registration, or following the expiration, revocation or voiding of its license issued by the Cannabis Control Commission.