Norwood City Zoning Code
SECTION 7
Special Regulations
§ 7.1 Adult Uses.
7.1.1.
Purpose. It is the purpose of this section Adult Entertainment Overlay District to address and mitigate the secondary effects of the Adult Uses and sexually oriented businesses that are referenced and defined herein. Secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the Town. All of said secondary impacts are adverse to the health, safety and general welfare of the Town of Norwood and its inhabitants.
1.
The provisions of these bylaws have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this BYLAWS to restrict or deny access by adults to Adult Uses or to sexually oriented matter or materials that are protected by the Constitution of the United States of America or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of these bylaws to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.
7.1.2.
Authority. These bylaws are enacted pursuant to G.L. Chapter 40A and pursuant to the Massachusetts Constitution to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of certain Adult Uses for the purposes set forth, above.
7.1.3.
Applicability. An adult bookstore, adult motion picture theater, adult dance club, adult video store, or adult paraphernalia store may be permitted in the Limited Manufacturing A (LMA) District on special permit by the Board of appeals provided a written determination is issued by said board that the special permit decision criteria of Section 10.4 have been met.
7.1.4.
Conditions.
1.
In no instance, however, shall the Board of Appeals issue a special permit to any person convicted or violating G.L. c. 119, s. 63 or G.L. c. 272, s. 28.
2.
No pictures, publications, videotapes covers, or other implements, items, or advertising that fall within the definition of adult store merchandise shall be displayed in store windows or be visible from areas used by the general public.
7.1.5.
Dimensional Requirements. An adult use proposal shall comply with these additional dimensional and developmental requirements:
1.
An adult bookstore, adult motion picture theater, adult dance club, adult video store, or adult paraphernalia store shall not be closer than 1000 feet from a residential boundary line, school, house of worship, another adult use establishment, or an establishment licensed under the provisions of G.L. c. 138, s. 12.
§ 7.2 Earth Removal.
7.2.1.
Purpose. It is the intention of this Bylaw that the removal of earth materials from any parcel of land for which a preliminary or definitive subdivision plan has been prepared shall be allowed only in the same manner as removal from other parcels of land in the Town. Consequently, tentative or final approval of a subdivision plan by the planning board shall not be construed as authorizing the removal of material from the premises, even though in connection with the construction of streets shown on the plan.
7.2.2.
Applicability. Soil, top soil, loam, peat or other organic materials, sand, gravel, stone or other earth products shall be removed from any premises within the town only on special permit by the board of appeals, except for the following exempt operations:
1.
The removal of less than ten cubic yards of material in the aggregate in any year from any one premises.
2.
The transfer of material from one part of a premises to another part of the same premises for immediate use in such other part of the premises (but not including the stockpiling of material, except for temporary storage in connection with regrading or landscaping of the premises).
3.
The removal of material from land in use by the town.
4.
The removal of material necessarily excavated in connection with the lawful construction of a building or structure, or of a driveway, parking area, sidewalk or path incidental to any such building or structure, provided that the quantity of material removed does not exceed that actually displaced by the portion of the building, structure, driveway, sidewalk or path below finished grade.
7.2.3.
Special Permit Determinations. Special permits for earth removal (including temporary structures accessory thereto) shall be granted only if the Board of Appeals finds that operations conducted under such permit, subject to the conditions imposed thereby, will not:
1.
Be injurious or dangerous to the public health or safety,
2.
Produce noise, dust, or other effects observable at the lot lines in amounts seriously objectionable or detrimental to the normal use of adjacent property;
3.
Result in transportation of materials on ways giving access to the land in question which will cause traffic congestion or hazards;
4.
Result in transportation which will cause undue injury to the roadway surfaces;
5.
Result in change in topography and cover which will be disadvantageous to the most appropriate use of the land on which the operation is conducted, or
6.
Have a material adverse effect on the health or safety of persons living in the neighborhood or on the use or amenities of adjacent land.
7.2.4.
Special Permit Conditions. In granting a permit hereunder, the Board of Appeals shall impose, and make a part of the permit, reasonable conditions specially designed to safeguard persons and property in the vicinity and the town, which conditions may include, among others:
1.
Method of removal;
2.
Type and location of temporary structures;
3.
Hours of operation;
4.
Routes for transporting the material through the town;
5.
Area and depth of excavation;
6.
Distance from excavation to street and lot lines;
7.
Steepness of slopes excavated;
8.
Re-establishment of ground levels and grades;
9.
Provisions for temporary and permanent drainage;
10.
Disposition of boulders and tree stumps;
11.
Replacement of loam over the area of removal, and
12.
Planting of the area to suitable cover, including trees.
§ 7.3 Drive-through Windows.
7.3.1.
Special Permit Required. A drive-in or drive-through window may be permitted on special permit by the Planning Board provided it complies with the following technical requirements and the special permit criteria listed in Section 10.4
7.3.2.
Requirements.
1.
Only one drive-through window per building is allowed, but a drive-through window may service more than one vehicle at a time. Only one drive-through ordering window and one pick-up window are allowed per building.
2.
Drive-through entrances and exits shall be located at least 25 feet from any intersection or pedestrian crosswalk and will require the approval of the Superintendent of Public Works and the Traffic Safety Officer.
3.
An aisle that is separate and distinct from any other on-site maneuvering aisle or fire lane shall be provided to channel drive-through traffic to the drive-through window.’
4.
Sufficient vehicle stacking space to accommodate waiting traffic will be provided in the drive-through aisle. The proponent is required to provide supporting data from an accredited source which substantiates the calculated vehicle stacking length.
5.
An opaque fence or screen may be required at the discretion of the Planning Board along the property lines closest to the drive-through window to obscure the window's visibility from adjacent properties. The required fence or screen must not interfere with the safe flow of traffic into and out of the site.
6.
Outdoor speaker location will be at least 50 feet from residential property lines, and general design requirements for noise and lighting shall comply with Section 6.3.
7.
All drive-through applications must be designed to include an escape lane, separate from the drive-through lane.
§ 7.4 Major Projects.
7.4.1.
Purpose. The intent of Major Project provisions is to assure that large scale developments are carefully tested against the town's decision criteria relating locations and uses, and that adequate provisions are made for impacts of development.
7.4.2.
Applicability. Authorization for new construction, addition, or change of use resulting in a net addition of more than 25,000 square feet net floor area in nonresidential use or net addition of parking or storage for 100 or more motor vehicles, measured cumulatively subsequent to the effective date of this provision, will be considered a 'Major Project' if on a single lot or a set of contiguous lots in the same ownership at any time subsequent to March 4, 1991 (the effective date of this provision), except for individual additions, alterations, or change of use increasing floor area in nonresidential use or vehicle parking or storage on that lot or set of contiguous lots by less than 10%.
7.4.3.
Special Permit. Major Projects require authorization through a special permit granted by the Planning Board under this section, which shall serve in lieu of any special permit otherwise required under the Table of use Regulations. Application for any other special permits which might be required by the project, such as those under Section 8.0, Water Resources Protection District, may be consolidated with the major project application, and acted upon by the Planning Board as special permit granting authority, regardless of agency designations elsewhere in the BYLAWS.
7.4.4.
Submittals. The applicant shall submit adequate materials, in report format, to allow the planning board to determine potential compliance with Section 5.0 and the decision criteria of Section 10.4 without need for extensive further analysis by the Planning Board. Typically, this will entail:
1.
Site plans with contents as required for development plan review under Section 10.5, and schematic building plans.
2.
Description of the amounts and kinds of proposed on site activities, including the amount of retail floor area, broken down by "convenience" versus "comparison" goods.
3.
Analysis indicating the anticipated market area, and how the proposal serves needs of Norwood residents.
4.
Impact analyses on topics as germane to the case, including identification of public facility improvements anticipated to be made by others and those being committed by the applicant.
5.
Description of the project timing and phasing.
7.4.5.
Decision Criteria. Major Projects shall be approved, approved with conditions, or disapproved based upon the criteria of Section 10.4.
7.4.6.
Master Development Plan. A master plan for development of premises comprising five or more acres may, at the owner's option, be submitted for approval as a Major Project. Following approval of such a plan, individual proposals on lots within those premises will not be subject to review again as major projects, regardless of the amounts of floor area or dwelling units proposed, provided that the Planning Board, in performing development plan review, determines that the proposal is consistent with the approved master plan, which means: no departure by more than ten feet from locations as shown on the master plan; no increase above maximum floor areas by category of use stipulated in the master plan; and off-site improvements being made as scheduled and financed as proposed.
7.4.7.
Master Development Plan; Submittals and Decision Criteria. Submittals for a master development plan shall be the same as for other major projects, except that they may describe upper limits of potential development to be approved, rather than the amount then proposed. Decision criteria for master development plans are the same as for other Major Projects.
7.4.8.
Master Development Plan; Expiration. Submittal of a definitive subdivision plan, "arm's length" conveyance of one or more lots, or completed application for a building permit for a principal building shall constitute "substantial use" of a special permit for a Master Development Plan, precluding its expiration under Section 10.4.6.
7.4.9.
Priority Development Site(s). Where a master plan for development of a Priority Development Site is submitted for approval hereunder as a Major Project, the same shall be submitted simultaneously with any other permit application(s) required by the By-Laws or Zoning By-Laws relating to the use or development of the PDS, or the buildings and/or structures located thereon, and not otherwise exempted by G.L. c. 43D, and a decision thereon shall be rendered no later than one hundred eighty (180) days from said date of submittal. Alternatively, where individual projects within a Major Project are not yet ready for permitting, an applicant may elect to proceed with Major Project review only; provided, however, that any such applicant shall acknowledge, in writing, that constructive grant(s) of permit(s) not yet applied for shall not occur as a consequence thereof.
§ 7.5 Medical Marijuana.
7.5.1.
Location.
RMDs and Independent Laboratories shall only be located in the Medical Marijuana Overlay District.
The Town of Norwood has designated two (2) areas as Medical Marijuana Overlay Districts (“MMOD”), which are more particularly described as follows:
University Avenue Area
The Medical Marijuana Overlay District (“MMOD”) at University Avenue includes all land in the existing Limited Manufacturing (LM) District abutting Downey Street, Everett Street and University Avenue. The MMOD is delineated on a map entitled “Medical Marijuana Overlay District (MMOD) dated April 2, 2014 by Mark P. Ryan – Town Engineer” and on file at the Town of Norwood Engineering Department.
Vanderbilt Avenue Area
The MMOD at Vanderbilt Avenue is assigned over certain parcels of land in the existing Limited Manufacturing (LM) District at Vanderbilt Avenue, Morgan Drive and Astor Avenue. The included parcels are depicted on the Town of Norwood Assessors Maps as Map 15, Sheet 8. Lots 1 and 2 also on Map 15, Sheet 11, Lots 44, 45, 62, 63 also on Map 15, Sheet 14, Lots 30, 46, 50, 51, 59, 60, 61, 67, 68 and Map 16, Sheet 8, Lot 4, in effect as of April 2014. This MMOD is delineated on a map entitled “Medical Marijuana Overlay District (MMOD) dated April 3, 2014 by Mark P. Ryan – Town Engineer” and on file at the Town of Norwood Engineering Department.
The Official Zoning Map of the Town of Norwood, MA dated June 21, 2004 shall be amended to establish the two (2) new Medical Marijuana Overlay Districts (MMOD).
7.5.2.
Purpose and Intent.
It is neither the purpose nor intent of this Section of the Zoning Bylaws to supersede any federal or state laws governing the sale or distribution of narcotic drugs. It is the purpose and intent of this Section of the Zoning Bylaws to provide for the limited establishment of RMDs and Independent Laboratories, as they are authorized by the Humanitarian Medical Use of Marijuana Act, M.G.L. c. 94C, App. § 1-1 et seq., and state regulations adopted by the Massachusetts Department of Public Health (or its successor) (collectively, “DPH”) under 105 CMR 725.000, the Implementation of an Act for the Humanitarian Medical Use of Marijuana, in locations suitable for lawful RMDs; to minimize any adverse impacts on adjacent properties, residential neighborhoods, schools, playgrounds and other areas where children congregate, local historic districts, and other areas that are incompatible with such uses; and for the location of RMDs where they may be readily monitored by law enforcement for health and public safety purposes.
7.5.3.
Applicability.
1.
A special permit must be granted by the Board of Appeals, acting as the Special Permit Granting Authority under Sections 7.5.7 and 10.4 of the Zoning Bylaws, and Site Plan Approval must be granted under Section 10.5 of the Zoning Bylaws, for an RMD to be established or operated in the Town of Norwood.
2.
Compliance with the requirements for a hardship cultivation under 105 CMR 725.000 is required for personal cultivation by registered qualifying patients or cultivation by personal caregivers on behalf of qualifying patients or otherwise.
3.
No special permit shall be required for the cultivation of marijuana that meets the requirements for an agricultural or horticultural exemption under Massachusetts General Laws Chapter 40A, Section 3.
4.
A special permit must be granted by the Board of Appeals, acting as the Special Permit Granting Authority under Sections 7.5.7 and 10.4 of the Zoning Bylaws, and Site Plan Approval must be granted under Section 10.5 of the Zoning Bylaws, for an Independent Laboratory to be established or operated in the Town of Norwood.
5.
No person shall be deemed to have any entitlement or vested rights to permitting under this Section 7.5 of the Zoning Bylaw by virtue of having received any prior permit from the Town of Norwood, including, by way of example only, any zoning permit or any wholesale food manufacturer’s license.
7.5.4.
Dimensional and Operational Requirements.
1.
An RMD must comply with the following dimensional and developmental requirements:
a.
An RMD must have a valid registration issued by DPH.
b.
No RMD shall be located: (a) within two hundred and fifty (250) feet of any residential zoning district; and (b) within five hundred (500) feet of any parcel containing a school, daycare center, church, recreational facility or other locations where children may congregate in concentrated numbers such as, but not limited to ball fields, parks or libraries, another RMD or related activity, a drug or alcohol rehabilitation facility, or any correctional facility, halfway house, or similar facility. The distances specified in this subsection shall be measured by a straight line from the nearest property line of the premises on which the proposed RMD is to be located to the nearest boundary line of the residential zoning district or to the nearest property line of any other designated uses set forth above (as applicable).
c.
No RMD shall be located in any premises for which an alcoholic beverages license has been issued.
d.
No RMD shall be located in a building that contains the office of any medical doctor or the office of any other professional practitioner authorized to prescribe marijuana for medical use.
e.
No RMD shall have a gross floor area of less than two thousand five hundred (2,500) square feet or in excess of twenty thousand (20,000) square feet.
f.
An RMD must be located in a permanent building and may not be located in a trailer, cargo container, motor vehicle, or movable or mobile structure. No RMD shall be located inside a building containing residential units, including without limitation transient housing such as motels and dormitories.
g.
Hours of operation for any RMD shall be established by the Board of Appeals, but in no event shall said facilities be open and/or operating between the hours of 8:00 PM and 8:00 AM, including any delivery services.
h.
An RMD shall be designed and constructed in accordance with the requirements of the zoning district and with the requirements of all applicable provisions of the Zoning Bylaw.
i.
Signage:
i.
The exterior signage shall conform to the requirements set forth in 105 CMR 725.105(L).
ii.
Off-site signage in any form, including billboards shall not be allowed in the Town of Norwood.
iii.
External signage for an RMD shall not be illuminated except for a period of thirty (30) minutes before sundown until closing in accordance with 105 CMR 725.105(L).
iv.
No RMD may have any flashing lights visible from the exterior of the premises.
v.
Exterior signs shall identify the name of the RMD as registered with DPH but shall not contain any other advertisement or information, such as figures or symbols related to marijuana.
j.
Physical Appearance:
i.
The development or redevelopment of properties shall improve the exterior appearance of structures already constructed or under construction within the immediate area, and shall be maintained so as to prevent blight or deterioration or substantial diminishment or impairment or property values within the immediate area.
ii.
Marijuana, marijuana-infused products, or associated products shall not be displayed or clearly visible to a person from the exterior of the RMD.
iii.
The RMD shall not display on the exterior of the facility advertisements for marijuana or any brand name, and may only identify the building by the registered name.
iv.
The RMD shall not utilize graphics related to marijuana or paraphernalia on the exterior of the RMD or the building in which the RMD is located.
v.
All exterior building openings, entries and windows shall be screened in such a manner as to prevent the public’s view of the interior from any public or private way or from any abutting property.
k.
RMDs may not have a drive-thru service.
l.
The disposal of waste shall comply with 105 CMR 725.105(J). Outdoor storage of waste shall be screened with a locking fence.
m.
Any and all distribution, possession, storage, display, sales or other distribution of marijuana shall occur only within the restricted interior area of an RMD and shall not be visible from the exterior of the business. An RMD shall be designed and constructed such that no area or portion where marijuana is cultivated or stored is visible from the exterior; however, the entrance shall be fully visible.
n.
Consumption, smoking and burning of marijuana on the premises or grounds of any RMD is prohibited, provided however that the RMD may administer marijuana for the purposes of teaching use of vaporizers, or demonstration of use of other products as necessary.
o.
Cultivation of medical marijuana, marijuana-infused products, or associated products shall follow the regulations set forth in 105 CMR 725.105(B).
p.
The odor of marijuana products or treatment, or of associated activities, shall not be detectable from the exterior of the premises.
2.
An Independent Laboratory must comply with the following dimensional and developmental requirements:
a.
No Independent Laboratory shall be located: (a) within two hundred and fifty (250) feet of any residential zoning district; and (b) within five hundred (500) feet of any parcel containing a school, daycare center, church, recreational facility or other locations where children may congregate in concentrated numbers such as, but not limited to ball fields, parks or libraries, a drug or alcohol rehabilitation facility, or any correctional facility, halfway house, or similar facility. The distances specified in this subsection shall be measured by a straight line from the nearest property line of the premises on which the proposed Independent Laboratory is to be located to the nearest boundary line of the residential zoning district or to the nearest property line of any other designated uses set forth above (as applicable).
b.
No Independent Laboratory shall have a gross floor area in excess of twenty thousand (20,000) square feet.
c.
No Independent Laboratory shall be located in any premises for which an alcoholic beverages license has been issued.
d.
No Independent Laboratory shall be located in a building that contains the office of any medical doctor or the office of any other professional practitioner authorized to prescribe marijuana for medical use.
e.
An Independent Laboratory must be located in a permanent building and may not be located in a trailer, cargo container, motor vehicle, or movable or mobile structure. No Independent Laboratory shall be located inside a building containing residential units, including transient housing such as motels and dormitories.
f.
Hours of operation for any Independent Laboratory shall be established by the Board of Appeals, but in no event shall said facilities be open and/or operating between the hours of 8:00 PM and 8:00 AM, including any delivery services.
g.
An Independent Laboratory shall be designed and constructed in accordance with the requirements of the zoning district and with the requirements of all applicable provisions of the Zoning Bylaw.
h.
Signage:
i.
Off-site signage in any form, including billboards shall not be allowed.
ii.
External signage for an Independent Laboratory shall not be illuminated except for a period of thirty (30) minutes before sundown until closing.
iii.
No Independent Laboratory may have any flashing lights visible from the exterior of the premises.
iv.
Exterior signs may identify the name of the Independent Laboratory but shall not contain any other advertisement or information, such as figures or symbols related to marijuana.
i.
Physical Appearance:
i.
The development or redevelopment of properties shall improve the exterior appearance of structures already constructed or under construction within the immediate area, and shall be maintained so as to prevent blight or deterioration or substantial diminishment or impairment or property values within the immediate area.
ii.
Marijuana, marijuana-infused products, or associated products shall not be displayed or clearly visible to a person from the exterior of the Independent Laboratory.
iii.
The Independent Laboratory shall not display on the exterior of the facility advertisements for marijuana or any brand name, and may only identify the building by the registered name.
iv.
The Independent Laboratory shall not utilize graphics related to marijuana or paraphernalia on the exterior of the Independent Laboratory or the building in which the Independent Laboratory is located.
v.
All exterior building openings, entries and windows shall be screened in such a manner as to prevent the public’s view of the interior from any public or private way or from any abutting property.
j.
Independent Laboratories may not have a drive-thru service.
k.
The disposal of waste shall comply with 105 CMR 725.105. Outdoor storage of waste shall be screened with a locking fence.
l.
An Independent Laboratory shall be designed and constructed such that no area or portion where marijuana is tested, processed or otherwise handled is visible from the exterior; however, the entrance shall be fully visible.
m.
The odor of marijuana products or treatment, or of associated activities, shall not be detectable from the exterior of the premises.
7.5.5.
Special Permit and Site Plan Procedures.
1.
In addition to full compliance with the requirements of Section 10.4 and 10.5, each application for a special permit and Site Plan Approval for an RMD must include the following information:
a.
The legal name of the RMD.
b.
A copy of the RMD’s certificate of registration to operate an RMD, issued by DPH.
c.
The activities proposed by the RMD.
d.
The identity and location of any other RMDs for which the applicant may cultivate marijuana.
e.
A proposed timeline for achieving operation of the RMD and evidence that the applicant will be ready to operate within that proposed timeline.
f.
A statement indicating the projected service area for the RMD, including the current patient population amounts in that service area.
g.
Evidence that the applicant has adequate liability insurance.
h.
Copy of the detailed written operating procedures as required by DPH in 105 CMR 725.105 and as otherwise required by other applicable law or regulation.
i.
A description of the security measures, including employee security policies, required by DPH for the RMD.
j.
A copy of the emergency procedures required by DPH for the RMD.
k.
A copy of the policies and procedures for patient or personal caregiver home-delivery required by DPH for the RMD.
l.
A copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between the RMD and another RMD or independent testing laboratory as required by DPH.
m.
A copy of proposed waste disposal procedures for the RMD.
n.
A description of any waivers from DPH regulations granted for the RMD.
o.
Details of proposed water consumption for any site that will include cultivation.
p.
Evidence of the applicant’s right to use the proposed site of the RMD, such as a deed, lease or other real estate instrument. If the application is by a lessee, the owner of the site (or its duly authorized agent) must acknowledge in writing that the owner knows that the proposed use of the property is as an RMD.
q.
If the applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly-situated individuals and entities and their addresses. If any of the above are entities or business organizations, rather than individuals, the applicant must disclose the identity of the owners of such entities or business organizations for each level of ownership until the disclosure contains the names of all individuals and their addresses.
r.
A detailed floor plan of the premises of the proposed RMD that identifies the square footage available and describes the functional areas of the RMD, including areas for any preparation of marijuana-infused products.
s.
Proposed security measures for the RMD, including lighting, fencing, storage, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft.
t.
A detailed site plan of the proposed RMD, including the distances to the uses set forth in Section 7.5.6.1.b.
u.
The name, telephone number, and email address of the manager and the emergency/after-hours contact person for the RMD.
2.
In addition to full compliance with the requirements of Section 10.4 and 10.5, each application for a special permit and Site Plan Approval for an Independent Laboratory must include the following information:
a.
The legal name of the Independent Laboratory.
b.
The activities proposed by the Independent Laboratory.
c.
A proposed timeline for achieving operation of the Independent Laboratory and evidence that the applicant will be ready to operate within that proposed timeline.
d.
A statement indicating the projected service area for the Independent Laboratory, including the name and contact information for each RMD served by the Independent Laboratory.
e.
Evidence that the applicant has adequate liability insurance.
f.
Description of the Independent Laboratory's proposed operating procedures or plans for the following: security measures, including employee security policies or plans; emergency procedures or plans; transportation, transfer and delivery procedures or plans; and waste disposal procedures or plans.
g.
Evidence of the applicant’s right to use the proposed site of the Independent Laboratory, such as a deed, lease or other real estate instrument. If the application is by a lessee, the owner of the site (or its duly authorized agent) must acknowledge in writing that the owner knows that the proposed use of the property is as an Independent Laboratory.
h.
If the applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly-situated individuals and entities and their addresses. If any of the above are entities or business organizations, rather than individuals, the applicant must disclose the identity of the owners of such entities or business organizations for each level of ownership until the disclosure contains the names of all individuals and their addresses.
i.
A detailed floor plan of the premises of the proposed Independent Laboratory that identifies the square footage available and describes the functional areas of the Independent Laboratory, including areas for the testing or processing of any marijuana.
j.
Proposed security measures for the Independent Laboratory, including lighting, fencing, storage, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft.
k.
A detailed site plan of the proposed Independent Laboratory, including the distances to the uses set forth in Section 7.5.6.2.a.
l.
The name, telephone number, and email address of the manager and the emergency/after-hours contact person for the RMD.
3.
After notice and public hearing and consideration of application materials, consultant reviews, public comments, and the recommendations of other Town’s officials or departments under Section 10.4.4 of the Zoning Bylaw (if any), the Board of Appeals may act upon a special permit for an RMD or an Independent Laboratory under this Section 7.5.7.
4.
A special permit under this Section 7.5.7 shall be granted provided that the Board of Appeals finds that the applicant has strictly complied with all of the applicable terms, requirements, conditions, and procedures of Sections 7.5 and 10.4.2 of the Zoning Bylaw.
5.
The Board of Appeals, acting as Special Permit Granting Authority, shall attach conditions, limitations and other appropriate safeguards to the special permit. Conditions shall include, but not be limited to:
a.
The special permit shall not be assignable or transferable to any other person, and shall remain exclusively with the applicant. The special permit shall terminate automatically on the date there is a voluntary or involuntary alienation of the applicant’s title or leasehold interest in the premises or the applicant’s right to occupy the premises terminates for any reason.
b.
The special permit holder shall supply the Board of Appeals and Chief of Police with information pertaining to any change in the name, telephone number, and email address for the owner of the building where the RMD or Independent Laboratory (as applicable) is located and the manager and emergency/after-hours contact for the RMD or Independent Laboratory (as applicable). The failure of the special permit holder to comply with this provision shall result in the immediate revocation of the special permit.
c.
The special permit holder shall be required to remove all materials, plants, equipment and other paraphernalia upon the revocation, abandonment, cancellation, lapse, non-renewal or termination of the Special Permit for any reason.
d.
The Board of Appeals may require the applicant to post a bond at the time of construction to cover the costs for the removal of the RMD or Independent Laboratory (as applicable) in the event the Town of Norwood must remove the RMD or Independent Laboratory (as applicable), in an amount to be determined by the Board of Appeals.
e.
No later than January 31 annually, the special permit holder shall file a copy of all current applicable state and local licenses and registrations, any updates to its operating policies, the current insurance policies, and demonstrated compliance with the conditions of the special permit.
f.
If the special permit is issued for an RMD:
i.
In the event DPH cancels, revokes or non-renews the certificate of registration for the RMD, the special permit for that RMD shall immediately become void.
ii.
The RMD shall file a copy of any Incident Report required under 105 CMR 725.110(F) with the Board of Appeals, Chief of Police, and Board of Health, within twenty-four (24) hours of creation. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.
iii.
The RMD shall file a copy of any summary cease and desist order, cease and desist order, quarantine order, summary suspension order, order limiting sales, deficiency statement, plan of correction, notice of a hearing, final action, or other adverse actions or decisions regarding the RMD issued by DPH or taken or rendered by any other state or government agency, as applicable, with the Board of Appeals, Chief of Police, and Board of Health, within forty-eight (48) hours of receipt by the RMD.
g.
If the special permit is issued for an Independent Laboratory, the Independent Laboratory shall file a copy of any adverse actions or decisions taken or rendered by DPH or any other state or government agency, as applicable, against the Independent Laboratory, including but not limited to a cease and desist order, enforcement order, or disciplinary order.
h.
Applicants shall be required to follow the current regulations set forth in 105 CMR 725.000 and the current requirements of Section 7.5 of the Zoning Bylaw.
i.
A special permit issued under this Section of the Zoning Bylaw may be valid for a specific time as determined by the Board of Appeals, subject to being renewed upon further application.
7.5.6.
Conflict of Laws/Severability.
1.
In the event of any conflict between the provisions if this Section of the Zoning Bylaw and any other applicable state or local law, the stricter provision, as deemed by the Zoning Enforcement Officer, shall control.
2.
The provisions of this Section of the Zoning Bylaw are severable and, if any of those provisions shall be held to be unconstitutional by any court of competent jurisdiction or otherwise held invalid, the remaining provisions shall remain in full force and effect.
§ 7.6 Priority Development Sites.
7.6.1.
Purpose.
The purpose of this Section is to further expedite permitting in Priority Development Sites (PDS), as designated by Town Meeting pursuant to G.L. c. 43D. The properties included in the University Avenue Expedited Permitting District are identified in Table 7.6.1a below.
Table 7.6.1a | ||
|---|---|---|
Assessor’s | ||
Map # | Block # | Lot # |
22 | 5 | 22 |
22 | 7 | 2 |
22 | 7 | 3 |
22 | 11 | 103 |
22 | 11 | 104 |
22 | 12 | 2 |
22 | 14 | 24 |
22 | 15 | 1 |
22 | 12 | 6 |
22 | 14 | 1 |
22 | 18 | 1 |
22 | 14 | 22 |
22 | 14 | 3 |
22 | 5 | 4 |
22 | 5 | 1 |
22 | 5 | 3 |
22 | 1 | 6 |
22 | 1 | 3 |
22 | 14 | 4 |
22 | 6 | 2 |
22 | 11 | 101 |
22 | 12 | 1 |
22 | 11 | 107 |
22 | 15 | 5 |
22 | 14 | 2 |
In addition, this section of the Bylaw will provide mechanisms for the change of facilities after the issuance of a Special Permit and/or Site Plan Approval by the Planning Board or the Board of Appeals, if applicable.
7.6.2.
Changes to Special Permits or Approved Site Plans.
After the issuance of any Special Permit or Site Plan Approval for a project or land use in a Priority Development Site (PDS), as designated by Town Meeting pursuant to G.L. c. 43D and identified above in Table 7.6.1a; the following requirements shall apply. Any proposed change(s) to the plans for the project shall be deemed substantial or insubstantial by the original permit granting authority, Board of Appeals or Planning Board, upon written request by the applicant. The Board of Appeals shall make such determination by a majority vote at a public meeting. Insubstantial changes shall be allowed without the need for further hearing or approval.
1.
Insubstantial Changes. The following shall be presumed to constitute insubstantial changes:
• | all underground changes; |
• | any reduction in project size; |
• | any change in the location of buildings, parking, retaining walls or drainage facilities, provided they do not decrease the set backs from lot lines indicated on an approved Site Plan or in the record documents; |
• | any change in colors and/or style of materials used for exterior construction; and |
• | The addition of non-habitable accessory structures for storage or other purposes that in a single structure do not exceed 2,000 square feet and, in the aggregate, do not exceed 5,000 square feet. |
2.
Substantial Changes. The following shall be presumed to constitute substantial modifications:
• | any change in the composition or number of uses on the site that results in an increase in traffic generation of more than 5% above the vehicle trips identified in the record documents; |
• | any change in the location of buildings, roadways, parking areas and other accessory structures that decrease the setbacks from lot lines indicated on an approved Site Plan or in the record documents; |
• | any increase in the number of parking spaces beyond the number(s) indicated on the approved Site Plan and the record documents; |
• | any change that results in a net reduction of open space or lot coverage from that indicated on the approved Site Plan and in the record documents, with the exception of non-habitable accessory structures described above; |
• | any change to the building(s) or grading that increases building height beyond that indicated on the approved Site Plan and in the record documents; |
• | any changes to the building(s) that increases the total floor area of the project beyond that indicated on the approved Site Plan and in the record documents and |
• | any change to the architectural character of the building(s), as indicated in the approved Site Plan and record documents. |
Where a change is deemed substantial, the same standards and procedures applicable to an original application for a Special Permit or Site Plan approval shall apply to said modification and a public hearing shall be required by the Board of Appeals or Planning Board where applicable. |
7.6.3.
Change of Use.
After the issuance of any Special Permit or Site Plan approval for a project or land use in a Priority Development Site (PDS), as designated by Town Meeting pursuant to G.L. c. 43D and identified above in Table 7.6.1a; the following procedures shall govern a change of use therein:
1.
Change of Permitted Use to Another Permitted Use. A use available as of right in the applicable zoning district may be changed to another use available as of right in said zoning district without modification of the Special Permit or approved Site Plan, provided that none of the thresholds in Section 7.6.2.2, above, are triggered. The Property owner shall notify the applicable Permit Granting Authority of any changes of use.
2.
Change of Permitted Use to Use Available by Special Permit. A use available as of right in the applicable zoning district may be changed to another use available by Special Permit in said zoning district without modification of the Special Permit or approved Site Plan, provided that none of the thresholds in Section 7.6.2.2, above, are triggered. The Property owner shall notify the applicable Permit Granting Authority of any changes of use.
3.
Change of Use Authorized by Special Permit to Another Use Authorized by Special Permit. A use authorized by Special Permit in the applicable zoning district may be changed to another use available by Special Permit in said zoning district without modification of the Special Permit or approved Site Plan, provided that none of the thresholds in Section 7.6.2.2 above, are triggered. The Property owner shall notify the applicable Permit Granting Authority of any changes of use.
Final action on application(s) relating to the use or development of Priority Development Site(s) (PDS), or the buildings and/or structures thereon, shall be taken within one hundred eighty (180) days, subject to extension as per G.L. c. 43D and 400 CMR 2.00, et seq as amended.
§ 7.7 Marijuana Establishments Prohibited.
In accordance with Massachusetts General Laws Chapter 94G, Section 3(a)(2)(i), all types of marijuana establishments, as defined in Massachusetts General Laws Chapter 94G, Section 1, to include, without limitation, all marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers, and any other types of licensed marijuana-related businesses, shall be prohibited within the Town of Norwood. This prohibition shall not be construed to affect the medical use of marijuana as expressly authorized by the provisions of Chapter 369 of the Acts of 2012 and 105 CMR 725.000 (as the same may be amended from time to time).
§ 7.8 Life Sciences Development Process.
7.8.1.
Purpose and Controlling Regulations.
The Life Sciences Development District (LSDD) is established to promote the development of life sciences and bio-technology research, development, and manufacturing. In addition, this district will allow for commercial development designed to incorporate low impact development principles. The LSDD is intended to provide the regulatory framework for the types of uses that the Town prefers to see developed such as the development of life sciences, bio-technology, and medical. The additional allowed uses are intended to meet the demands of market forces and promote investment in the district. The LSDD will create an attractive mixed use, sustainable development, compatible with existing uses in the area. In addition, the LSDD will promote the following public benefits:
• | Preserve the natural wooded gateway to the town along Upland Road; |
• | Embrace smart growth principles to enhance economic development opportunities and create new employment opportunities; |
• | Provide the broadest range of compatible commercial uses and encourage the development of under-developed properties; |
• | The LSDD will allow for a wide variety of uses, except for new housing; |
• | Allow market–driven growth at a location that can accommodate additional activity; |
• | Minimize traffic impacts from new development; and |
• | Expand the Town’s tax base. |
All development within the LSDD shall be subject to the following provisions. In any situation where these requirements are in conflict with other requirements of this bylaw the provisions of this section shall be controlling.
7.8.2.
Pre-Application Meeting.
Prior to submitting an application to the Building Commissioner for projects within the LSDD, the applicant shall contact the Director of Community Planning & Economic Development and request a Pre-Application meeting with relevant Town Officials and Boards. The purpose of this meeting is to present the project concept and discuss zoning, public safety, traffic, wetlands, storm water management, infrastructure, and other issues, as applicable, to facilitate project development and coordinate permitting processes.
7.8.3.
Administration.
The Planning Board is designated as the Special Permit Granting Authority for all uses and all Special Permits required for any project regardless of scope or nature within the LSDD under this bylaw, in accordance with the provisions of Section 10.4 Special Permits. The Planning Board shall also serve as Site Plan Approval Board, in accordance with the provisions of Section 10.5 Site Plan Approval. An Applicant may consolidate all Special Permit and Site Plan Approval requests into a single application specifying all of the requested permits for a project. Recognizing the changing requirements of the life sciences industry, to meet specific new technology demands, the Planning Board may, by Special Permit, waive strict compliance with any zoning requirements if it finds that: (1) the waiver is intended to support the purpose of the LSDD; (2) there is a benefit to the Town; and (3) not result in substantial detriment to the neighborhood.
7.8.4.
Site Design.
All development within the LSDD shall incorporate sustainable, low impact, development design principles, such as grouping or clustering buildings, preservation of open space and existing natural vegetation, limiting cut & fill, use of green stormwater infrastructure, and incorporating high energy efficiency building designs. In order to further these goals the following shall apply:
1.
Multiple Principal Buildings. Each lot within the LSDD may have more than one principal building regardless of lot area provided that the resulting development meets the dimensional requirements of Section 4.1.1 Table of Dimensional Requirements.
2.
Buffer Zones
a.
There shall be a 150 foot natural buffer maintained along Upland Road from the intersection of Upland Road and Investors Way to the intersection of Upland Road and Prospect Street. Each lot with frontage on Upland Road shall only have one point of access/egress through the buffer to Upland Road.
b.
There shall be a 125 foot natural buffer maintained along the south side of Investors Way from the intersection of Upland Road extending 850 feet into the district along the existing driveway. Each lot with that is affected by this buffer shall only have one point of access/egress through the buffer to Investors Way.
c.
Should the names of any of the roadways or driveways change, the buffers shall remain as set forth above.
3.
Parking Structures
Parking Structures are allowed in the LSDD subject to Major Projects, section 7.4 and Site Plan Approval, section 10.5, by the Planning Board.
7.8.5.
Parking and Loading.
There is no setback requirement for parking lots or loading areas where the property on both sides of the lot line is zoned LSDD. However, Parking Structures are subject to setback requirements.
7.8.6.
Severability.
If any provision of this Section 7.8 is found to be invalid by a court of competent jurisdiction, the remainder of Section 7.8 shall remain in full force. The invalidity of any provision of this Section 7.8 shall not affect the validity of the remainder of the Town’s Zoning By-Law.