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

Traffic flow, volume, and vehicular and pedestrian safety, including traffic related to parking and loading;

Adequacy of utilities and other public services;

Neighborhood and community character and social structures;

Impacts on the natural environment; and

Potential fiscal impact, including impact on Town services, tax base, and employment. Said analysis shall conform to with the Rules and Regulations of the SPGA.

Consistency with the most recent Town of Newbury Master Plan.

Said Bed and Breakfast shall not have more than four bedrooms (excluding the owner's private quarters).

Guest rooms shall contain no individual cooking facilities.

Breakfast may be provided to guests from a central kitchen and shall be limited to those who are permanent residents and paying overnight guests.

The use of said Bed and Breakfast shall be clearly incidental to the primary residential use of the dwelling.

The Primary Purposes for the Open Space Residential Development (OSRD) Bylaw are the following:

The Secondary Purposes for OSRD are the following:

Basic maximum number: the number of lots/dwelling units that would be allowed on the site using Newbury Zoning Bylaw provisions and Subdivision Rules and Regulations as determined by a Yield Plan. Requirements for contents of the Yield Plan are to be found in the OSRD Rules and Regulations in Chapter 112 Open Space Residential Development; see § 97-5.C. (3) and § 97-5.C. (7) below.

Conventional subdivision: a development of land subject to and governed by Chapter 117, Planning Board's Rules and Regulations for the Subdivision of Land and any and all rules and regulations established by the Planning Board under said Chapter 117.

Low and moderate income: income levels as defined by the Commonwealth's Department of Housing and Community Development for the Town of Newbury, based on the formulas for its currently assigned geographic area.

A applicant for a subdivision of land or development that will create three or more lots or units may submit an application for OSRD to the Planning Board. The applicant shall have the option of development under the subdivision process as found in Chapter 117, Planning Board's Rules and Regulations for the Subdivision of Land, or under the OSRD.

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

Land Division. To be eligible for consideration as an OSRD, the tract may be a subdivision, provided, however, that an OSRD may also be permitted where intended as a condominium on land not so divided or subdivided.

Step One: Identifying Conservation Areas. Identify preservation land by two steps. First, Primary Conservation Areas (such as wetlands, riverfront areas, and floodplains regulated by state or federal law) and Secondary Conservation Areas (including unprotected elements of the natural landscape such as steep slopes, mature woodlands, prime farmland, meadows, wildlife habitats and cultural features such as historic and archaeological sites and scenic views) shall be identified and delineated. Second, the Potentially Developable Area shall consist of land outside identified Primary and Secondary Conservation Areas;

Step Two: Locating House Sites. Locate the approximate sites of individual houses within the Potentially Developable Area and include the delineation of private yards and shared amenities, so as to reflect an integrated community, with emphasis on the goals of the current Master Plan for Newbury. The number of homes, or units, if a condominium proposal, enjoying the open space character of the amenities of the development should be maximized;

Step Three: Aligning the Streets and Trails. Align streets in order to access the house lots or units. Additionally, new trails should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails. Points of proposed public access to the conservation areas should be clearly delineated;

Step Four: Draw in the lot lines, if not treated as a condominium.

General Design Standards:

Site Specific Design Standards.

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

At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board. Where structures containing three to four dwelling units are being proposed, the side lot lines between units may be 0 feet, however the distance between structures shall be a minimum of 20 feet;

Minimum Frontage: The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 50 feet of frontage;

Setbacks: Every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side lot line. In the event that dwellings are located on exclusive use areas or contain no interior lot lines, a minimum distance of 20 feet between single and two-family dwellings shall be required.

For each additional ten percent (10%) of the site (over and above the required 50%) set aside as open space, a bonus of one additional unit or five percent (5%) of the Basic Maximum Number, whichever is greater, may be awarded.

For every one (1) dwelling unit restricted to occupancy for a period in perpetuity by persons or families who qualify as low or moderate income, two (2) dwelling units may be added as a density bonus for each low income unit, one (1) dwelling unit as a bonus for each moderate income unit.

For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit may be added as a density bonus.

Open Space. A minimum of fifty percent (50%) of the upland shown on the development plan shall be open space. Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a permanent conservation or agricultural preservation restriction in accordance with G.L. c. 184 § 31, approved by the Planning Board and Select Board/Town Counsel and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, providing that such land shall be perpetually kept in an open state, that it shall be preserved exclusively for the purposes set forth herein, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes. Any proposed open space that does not qualify for inclusion in the Conservation Restriction or that is rejected from inclusion in the Conservation Restriction by the Commonwealth of Massachusetts will be subject to a Restrictive Covenant, that shall be approved by the Planning Board and Select Board/Town Counsel and enforceable by the Town.

Ownership of the Open Space. The open space shall, at the Planning Board's election, be conveyed to:

Maintenance and Monitoring of Open Space.

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

The special permit for the OSRD Concept Plan shall be reconsidered if there is substantial variation between the OSRD Subdivision Plan or the OSRD Condominium Site Plan and the Concept Plan. If the Planning Board finds that a substantial variation exists, it shall hold a public hearing on the modifications to the Concept Plan. A substantial variation shall be any of the following:

The Planning Board approval of a special permit hereunder shall not substitute for compliance with the Subdivision Control Law, nor oblige the Planning Board to approve a related definitive plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board shall, insofar as practical under law, adopt regulations establishing procedures for submission of a combined plan and application which shall satisfy this section and the Board's regulations under the Subdivision Control Law or, where an OSRD Condominium Site Plan is proposed, the Board’s Site Plan Review Regulations. To the extent permitted by law, the Planning Board shall coordinate the public hearing required for any application for a special permit for an OSRD with the public hearing required for approval of a definitive subdivision plan or a condominium site plan.

The use requested is noted in the Zoning Bylaw as a special permit in the district for which the application is made;

The requested use is essential and/or desirable to public convenience or welfare;

The requested use will not create undue traffic congestion or unduly impair pedestrian safety;

The requested use will not overload public water, drainage, sewer systems or any municipal systems to such an extent that the requested use or any developed use in the immediate area or any other area of the town will be unduly subjected to hazards affecting the health, safety and general welfare of the community;

Any special requirements for use set forth are fulfilled; and

The requested use will not impair the integrity or character of the district or adjoining districts nor be detrimental to the health, safety or welfare of the immediate residents or the residents of the community.

Application requirements:

Common Driveway Specifications:

Easements and maintenance agreements. Prior to Planning Board endorsement of the plan and issuance of the Common Driveway Permit, Town Counsel shall review and approve the following:

Procedures and decision of the Planning Board.

Special Permit Granting Authority: The Planning Board is hereby established as the Special Permit Granting Authority (SPGA) for the issuance of special permits to construct and operate wind facilities. No wind facility shall be erected, constructed, installed or modified as provided in this section without first obtaining a permit from the SPGA. The construction of a wind facility shall be permitted in any zoning district subject to the issuance of a Special Permit and provided that the use complies with all requirements set forth in Sections 3, 4, 5 and 6 herein. All such wind facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts. No special permit shall be granted unless the SPGA finds in writing that:

Compliance with Laws, Bylaws and Regulations: The construction and operation of all such proposed wind facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements.

Proof of Liability Insurance: The applicant shall be required to provide evidence of liability insurance in an amount and for a duration sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility as determined by the SPGA

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

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

Setbacks:

Visual Impact. The proponent shall demonstrate through project siting and proposed mitigation that the wind facility adequately addresses impacts on the visual character of surrounding neighborhoods and the community. This may include, but not be limited to, information regarding site selection, turbine design, buffering, lighting and cable layout.

Color and Finish: The wind facility shall be a neutral, non-reflective exterior color designed to blend with the surrounding environment.

Lighting:

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

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

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

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

Support Towers: Monopole towers are the only allowable form of support for the Wind Energy Facilities.

Emergency Services: The applicant shall provide a copy of the project summary and site plan to the local fire and police departments, as designated by the SPGA. Upon request the applicant shall cooperate with local police and fire in developing an emergency response plan.

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

Wetlands: Wind facility shall be located in a manner consistent with all applicable local and state wetland regulations.

Stormwater: Stormwater run-off and erosion control shall be managed in a manner consistent with applicable state and local regulations.

Shadow/Flicker: Wind facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant must demonstrate that this effect will not have any significant adverse impact on neighboring or adjacent uses through either siting or mitigation.

Noise: Wind Energy Facilities and associated equipment shall conform to the provisions of the Department of Environmental Protection's, Division of Air Quality Noise Regulations (310 CMR 7.10). A source of sound will be considered to be in violation of these regulations if the source:

Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and is otherwise prescribed by applicable laws, regulations, and Bylaws.

Hazardous Materials: No hazardous materials or waste shall be discharged on the site of any wind facility. If any hazardous materials or wastes are to be used on site, there shall be provisions for full containment of such materials or waste. An enclosed containment area, designed to contain at least 110 percent of the volume of the hazardous materials or waste stored or used on the site may be required to meet this requirement.

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

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

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

Change of Ownership: Notice shall be provided to the Town of any change in ownership of the facility.

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

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

Financial Surety: The SPGA shall require the applicant for large wind energy facilities to provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the town must remove the facility, of an amount and form determined to be reasonable by the SPGA, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the SPGA. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for Cost of Living Adjustment.

Application Procedures

Required Documents

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

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

Elevations: Siting elevations, or views at-grade from the north, south, east, and west for a 50-foot radius around the proposed wind facility. Elevations shall be at one quarter inch equals one foot and show the following:

Materials:

Lighting Plan: If lighting of the site or turbine is proposed (other than FAA lights), the applicant shall submit a manufacturer's computer-generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and 25 feet beyond the property lines. The printout shall indicate the locations and types of luminaires proposed.

Noise Filing Requirements: The applicant shall provide a statement from a qualified acoustical engineer listing the existing noise levels and the maximum future projected noise levels from the proposed wind facility, measured in decibels, for the following:

Operation & Maintenance Plan: The applicant shall submit a plan for maintenance of access roads and storm water controls, as well as general procedures for operational maintenance of the wind facility.

Compliance Documents: If required under previous sections of this Bylaw, the applicant will provide with the application:

Independent Consultants: Upon submission of an application for a special permit, the SPGA will be authorized to hire an outside technical expert/consultant to review and verify information presented by the applicant. The cost for such a technical expert/consultant will be at the expense of the applicant(s), pursuant to Massachusetts General Laws, Chapter 40A, Section 9, and Massachusetts General Laws, Chapter 44, Section 53G.

As-of-Right Siting: Solar photovoltaic installations that are ground-mounted and that occupy less than 1/4 acre of land are allowed As-of-Right in all zoning districts upon issuance of a building permit by the Building Inspector.

As-of-Right Siting with Site Plan Review: Solar photovoltaic installations that are ground-mounted and that occupy at least 1/4 acre of land but less than two (2) acres of land are allowed As-of-Right subject to Site Plan Review by the Planning Board and upon issuance of a building permit by the Building Inspector.

Special Permit Siting: Any ground-mounted solar photovoltaic installation occupying two (2) acres of land or more on one or more adjacent parcels either in common ownership or included in one solar photovoltaic project application, including parcels separated by a roadway, shall require a Special Permit in accordance with the Zoning Bylaws of the Town of Newbury prior to obtaining a building permit. For purposes of this Bylaw, the Planning Board is the Special Permit Granting Authority.

Project Siting: The Massachusetts Department of Energy Resources (DOER) discourages applicants from selecting locations for ground-mounted solar photovoltaic installations which require significant tree cutting, due to the important water management, cooling, and climate benefits that trees provide. Applicants are therefore encouraged to site installations on vacant, disturbed land in a manner which will minimize tree cutting to the greatest extent reasonably possible.

Compliance with Laws, Ordinances and Regulations: The construction and operation of all ground-mounted solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including, but not limited to, all applicable safety, construction, electrical, communications, and environmental requirements, including stormwater management. All buildings and fixtures forming part of a ground-mounted solar photovoltaic installation shall be constructed in accordance with the State Building Code.

Building Permit and Fees: No ground-mounted solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit. The application for such a permit shall be accompanied by the required building permit fee.

Applicability: Ground-mounted solar photovoltaic installations occupying at least ¼ acre of land but less than two (2) acres of land shall undergo Site Plan Review by the Planning Board prior to the issuance of a building permit for construction, installation or modification.

Procedure: An application for Site Plan Review of an applicable ground-mounted solar photovoltaic installation shall be submitted and will be reviewed in accordance with the provisions of § 97-9.A. Site Plan Review of Newbury’s Zoning Bylaw.

Submission Requirements: The applicant and any co- applicant(s) shall submit a site plan containing all data, detail, and supporting information listed below in Paragraph (6)(c)02)d) "Site Plan Contents" under Special Permit. The Planning Board may waive one or more of the Site Plan Contents requirements upon written request by the applicant and any co-applicant(s) if the small scale or simplicity of the project or other considerations warrant such a waiver. Such determination to waive one or more of the requirements shall be in the sole discretion of the Planning Board.

Pre-application Review: Prior to submission of an application for a Site Plan Review for a ground-mounted solar photovoltaic installation in accordance with Paragraph (5)(a) above, the applicant and any co-applicant(s) shall request a pre-application review with the Planning Board. The Planning Board shall invite the Conservation Agent, the Health Agent, the Building Inspector, the Director of Public Works, the Fire Chief, the Police Chief, and representatives from the Select Board, the Open Space Committee, the Historical Commission, and the Agricultural Commission. The purpose of a pre-application review is to clarify and expedite the permitting process for the applicant and any co-applicant(s) and to minimize for the applicant and any co-applicant(s) the costs of engineering and other technical experts.

Decision: The Planning Board’s final decision in writing shall consist of one of the following actions based on a simple majority vote:

Applicability: Ground-mounted solar photovoltaic installations occupying two (2) or more acres of land shall require a Special Permit in accordance with the provisions of § 97-11.C. Special Permit Procedures – Public Hearing of Newbury’s Zoning Bylaw.

Special Permit General Requirements:

Submission Requirements:

Special Permit Review Criteria:

Setbacks:

Height: No ground-mounted solar photovoltaic installation or structure appurtenant thereto shall be more than 15 feet in height measured from the adjacent grade.

Appurtenant Structures: All appurtenant structures to ground-mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be screened from view by means of vegetation, fencing, or physical topography to the greatest extent reasonable and/or joined or clustered to avoid adverse visual impacts.

Lighting: Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, 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.

Signage: Signs on ground-mounted solar photovoltaic installations shall comply with the Town of Newbury’s Sign Bylaw. A sign consistent with Newbury’s sign Bylaw shall be required to identify the owner and provide a 24-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.

Utility Connections: Reasonable efforts, as determined by the Building Inspector and, for installations of two (2) acres or more, the SPGA, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Noise: Transformers, inverters, and other noise-producing electrical equipment shall be located on the site, shielded, and/or enclosed to minimize sound impacts at the property line and on sensitive receptors. All noise sources shall be in compliance with the Massachusetts Department of Environmental Protection’s noise regulation (310 CMR 7.10). A noise source will be considered to be violating 310 CMR 7.10 if the source:

Emergency Services: The ground-mounted solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief and Police Chief. The owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator of the installation shall identify a responsible person for public inquiries throughout the life of the installation.

Safety Disconnect: The solar photovoltaic installation shall be designed to disconnect automatically from the electrical utility’s system in the event that the grid experiences a power failure.

Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and Bylaws.

Security Fencing: Black vinyl-coated chain link fencing a minimum of 8 feet high with lockable gates shall be installed around the perimeter of the installation to prevent access by unauthorized individuals. Keys shall be provided to Newbury’s Fire Chief and Police Chief.

Solar Photovoltaic Installation Conditions: The ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief, Police Chief, and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), except for any accepted public way.

Modifications: All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Building Inspector and, where appropriate, the SPGA.

Removal Requirements: Any ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with Section (14)(b) of this Bylaw shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Building Inspector by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Abandonment: Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Building Inspector and, for installations of two (2) acres or more, the SPGA. If the owner or operator of the ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.

Financial Surety: To enable the Town, if necessary, to remove the installation and remediate the landscape, the following conditions shall apply:

To provide a permitting process for the placement of Marijuana Establishments, in accordance with G.L. c.94G, § 1, et seq. (hereinafter G.L. c. 94G), and Medical Marijuana Treatment Centers, in accordance with G.L. c. 94I, § 1, et seq. (hereinafter G. L. c. 94I), and the Cannabis Control Commission (hereinafter CCC) Regulations promulgated thereunder, 935 CMR 500.000 and 935 CMR 501.000, a as the same may be amended from time-to-time, in locations suitable for lawful Marijuana Establishments and Medical Marijuana Treatment Centers.

To minimize and mitigate adverse impacts of Marijuana Establishments and Medical Marijuana Treatment Centers on adjacent properties, public ways, residential neighborhoods, historic districts, schools, playgrounds and other locations where minors congregate, and other land uses potentially incompatible with said facilities, by regulating the siting, design, and placement of Marijuana Establishments.

Definition of Marijuana, Marijuana Establishments, and Medical Marijuana Treatment Centers:

Definition of other terms used in this section: Where not expressly defined in the Code of the Town of Newbury, Chapter 97, Zoning, terms used in this Section shall be interpreted as defined in G.L. c.94G, G.L. c. 94I, and the CCC Regulations promulgated thereunder, 935 CMR 500.000, et seq., and 935 CMR 501.000, et seq., as the same may be amended from time-to-time, and otherwise by their plain language.

A Special Permit shall be required for the establishment of a Marijuana Establishment or Medical Marijuana Treatment Center. For the purposes of this Section, the SPGA shall be the Planning Board.

All permitted Marijuana Establishments or Medical Marijuana Treatment Centers shall have received a provisional license from the CCC and shall comply with all applicable state and local public health regulations and all other applicable state and local laws, rules and regulations at all times. Failure to obtain a final license from the CCC shall result in automatic rescission of the special permit as more fully described in 7(d) below. No Building Permit or Certificate of Occupancy shall be issued for a Marijuana Establishment or Medical Marijuana Treatment Center that has not received a provisional license from the CCC.

The Special Permit shall be valid only for the Applicant(s) (hereinafter Applicant), shall become invalid if the Applicant ceases operating the licensed Marijuana Establishment or Medical Marijuana Treatment Center, and shall not transfer with a change in ownership of the business and/or property.

The Special Permit shall become invalid if the Applicant fails to obtain a final license from the CCC or upon the expiration or termination of the Marijuana Establishment's or Medical Marijuana Treatment Center’s CCC license.

Parking and loading for a Marijuana Establishment or Medical Marijuana Treatment Center shall be in accordance with § 97-7. Off Street Parking, Access, and Loading of Newbury's Zoning Bylaw. However, the SPGA may require a greater number of parking spaces and/or loading bays if it finds, based on the application materials submitted to the SPGA regarding operation of the Marijuana Establishment or Medical Marijuana Treatment Center, that the minimum requirements are not sufficient.

All signage shall conform to the requirements of § 97-8. Sign Regulations of Newbury's Zoning Bylaw. Any exterior sign may identify the Establishment, but shall not contain any other advertisement. The SPGA may impose additional restrictions on signage as appropriate for the site, provided such regulations and restrictions do not conflict with state law or any CCC regulation.

All Marijuana Establishments or Medical Marijuana Treatment Center shall operate within a fully enclosed building that is monitored by surveillance cameras, alarm systems, and all other security measures in accordance with CCC Regulations deemed appropriate to ensure patron and community safety and deter unauthorized access to the premises.

No products shall be displayed in the Marijuana Establishment's or Medical Marijuana Treatment Center’s windows or visible from any street or parking lot.

Industry Best Management Practices shall be utilized to control odors inside and outside all types of Marijuana Establishments or Medical Marijuana Treatment Center. No odors from marijuana or its processing shall be detectable by a person with an unimpaired and otherwise normal sense of smell at the exterior of the Marijuana Establishment or Medical Marijuana Treatment Center or at any adjoining property or use.

Waste disposal shall be in accordance with the CCC Regulations and State and local regulations. No composting of waste materials may occur at the Marijuana Establishment or Medical Marijuana Treatment Center. Outside storage of general solid waste not containing any usable marijuana shall be screened with a locked fence. Solid waste containing any usable marijuana shall be stored inside a designated locked, limited-access area located inside the main structure. Liquid waste from processing or disposal of marijuana shall not be discharged to surface waters or groundwater or septic systems. Liquid waste must be stored pending disposal in an industrial wastewater holding tank in accordance with 314 CMR 18.00: Industrial Wastewater Holding Tanks and Containers.

The Zoning Districts in which Craft Marijuana Cultivator Cooperatives, Marijuana Cultivators, Marijuana Product Manufacturers, and Marijuana Testing Facilities may be located are the Business & Light Industrial District and the Commercial Highway District, excluding that area of the Commercial Highway District at the Northwestern Junction of the right-of-way of I-95 and Central Street.

The Zoning District in which Marijuana Retailers or Medical Marijuana Treatment Centers may be located is the Business & Light Industrial District.

No Marijuana Retailer or Medical Marijuana Treatment Center may be located within 1,000 feet of the real property comprising any of the following:

No Craft Marijuana Cultivator Cooperatives, Marijuana Cultivators, Marijuana Product Manufacturers, and Marijuana Testing Facilities may be located within 500 feet of the real property comprising any of the following:

No Marijuana Establishment or Medical Marijuana Treatment Center may be located within 300 feet of the real property comprising a residence.

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)(c), (4)(d), or (4)(e) above to the nearest point of the property line of the proposed Marijuana Establishment or Medical Marijuana Treatment Center.

Application Procedures: The application for a Special Permit for a Marijuana Establishment or Medical Marijuana Treatment Center shall be filed at a regularly scheduled Planning Board meeting and with the Town Clerk in accordance with § 97-11.C.(1) of Newbury's Zoning By- Law and with G.L. c. 40A § 9. The application shall be signed by a duly authorized officer of the Applicant.

Required Documents: The Applicant shall provide the SPGA with 15 copies of the application and the required fees. All plans and maps shall be prepared, stamped, and signed by a professional engineer or architect licensed to practice in Massachusetts. An application to the SPGA shall include, at a minimum, the following information:

Within five business days of the receipt of the application, the SPGA shall refer copies of the application to the Building Commissioner, the Conservation Commission, the Board of Health, the Fire Department, and the Police Department. These boards/departments shall review the application and shall submit their written recommendations. Failure to make recommendations within 30 days of referral of the application shall be deemed lack of opposition.

After notice and public hearing and consideration of application materials, public comments, and the recommendations of other Town boards and departments, the SPGA shall act upon the application.

The Marijuana Establishment or Medical Marijuana Treatment Center has received a provisional license CCC as required in (3)(b) above and complies with all applicable state and local laws, regulations, and requirements, including, but not limited to, health and safety regulations, and construction and environmental requirements;

The building and site have been designed to be reasonably compatible with other buildings in the area;

The siting of the Marijuana Establishment or Medical Marijuana Treatment Center will be accomplished so as to minimize any adverse impacts on abutters and other parties in interest, as defined in G.L. c. 40A, § 11, including but not limited to compliance with the following:

The Marijuana Establishment or Medical Marijuana Treatment Center will create no substantial harm to the established or future character of the neighborhood or town.

With due consideration to aesthetics, the Marijuana Establishment or Medical Marijuana Treatment Center is designed to ensure convenient, safe and secure access as follows:

The Applicant has not provided materially false documents or testimony.

The Applicant has satisfied all of the conditions and requirements of Newbury's Zoning Bylaw.

Within 24 hours of creating an Incident Report required by the CCC Regulations, the permit holder shall file a copy of said Incident Report with the Select Board, with copies to the Zoning Enforcement Officer and the SPGA. Such reports may be redacted as necessary to comply with any and all applicable laws and regulations;

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 the CCC or the Division of Administrative Law Appeals, as applicable, regarding the Marijuana Establishment with the Select Board, with copies to the Zoning Enforcement Officer and the SPGA, within 48 hours of receipt by the Marijuana Establishment or Medical Marijuana Treatment Center;

The permit holder shall provide to the Select Board, the Zoning Enforcement Officer, the SPGA, the Police Chief, and the Fire Chief the name, telephone number and email address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder;

The Special Permit shall be limited to the current Applicant, shall become invalid if the permit holder ceases operating the Marijuana Establishment or Medical Marijuana Treatment Center, and shall not transfer with a change in ownership of the business and/or property;

The Special Permit shall become invalid upon the expiration or termination of the Applicant's CCC license or the failure of the Applicant to receive a final license from the CCC;

The permit holder shall notify the Select Board in writing, with copies to the Zoning Enforcement Officer, the Police Department, and the SPGA, within 48 hours of the cessation of operation of the Marijuana Establishment or Medical Marijuana Treatment Center, notice by the CCC of denial of a final license, or the expiration or termination of the permit holder's CCC license;

In the event that the CCC revokes, fails or refuses to issue a final license to the Marijuana Establishment or Medical Marijuana Treatment Center, a Special Permit issued by the Town for the Marijuana Establishment shall be deemed null and void;