Plainville City Zoning Code
ARTICLE III
General Regulations
§ 500-27 Nonconforming uses.
The lawful use of any structure or land existing at the time of any enactment or subsequent amendment of this bylaw may be continued although such structure or use does not conform with the provisions of this bylaw, and any building, part of a building or land which at the time of adoption of this bylaw is being put to a lawful nonconforming use may be continued subject to the following provisions:
A.
That the use of premises or the use of a structure ceases to be continued in nonconforming use or abandoned for the period of one year.
B.
That once changed to a similar or more restricted use, it shall not be returned to a less restricted use.
C.
That, in the case of a building damaged by fire, explosion or other catastrophe, the owner shall apply for a building permit and start to rebuild on the same location within 12 months after such catastrophe, and further provided that the building as restored shall be only as great in volume or area as the original nonconforming structure and the extent of damage is not more than 75% of the replacement value.
§ 500-28 Changes in nonconforming use.
[Amended 6-4-2018 ATM by Art. 25]
A.
Nonconforming uses other than single- and two-family residential structures. A change or expansion of a nonconforming use and the rebuilding or restoration of a nonconforming structure associated with such use destroyed or damaged to more than 75% of its replacement value may be authorized by special permit on the same premises pursuant to § 500-20 of the bylaw.
B.
Nonconforming single- and two-family residential structures. Nonconforming single- and two-family residential structures may be reconstructed, extended or altered as of right following a determination by the Zoning Enforcement Agent that such reconstruction, extension or alteration does not increase the nonconforming nature of the structure, and does not increase the habitable floor area of the structure by more than 25% or the nonhabitable floor area by more than 750 square feet. Cumulative submissions that exceed these thresholds will not be allowed as of right, nor will submissions that add to the number of units on the lot.
(1)
No increase in nonconforming nature. The reconstruction, extension or alteration of a single-family or two-family residential structure that is described in any of the following circumstances shall not be deemed to increase the nonconforming nature of a structure.
(a)
Insufficient lot area: reconstruction, extension or alteration of a single-family or two-family residential structure that is located on a lot with insufficient lot area, but that complies with all current dimensional requirements for front, side and rear yards, building coverage, floor area and building height, and where said reconstruction, extension or alteration complies with all current dimensional requirements for front, side and rear yards, building coverage, floor area and building height.
(b)
Insufficient lot frontage, lot width or shape factor: reconstruction, extension or alteration of a single-family or two-family residential structure that is located on a lot with insufficient frontage, lot width or shape factor but that complies with all current dimensional requirements for front, side and rear yards, building coverage, floor area and building height, and where said reconstruction, extension or alteration complies with all current dimensional requirements for front, side and rear yards, building coverage, floor area and building height.
(c)
Yard encroachment: reconstruction, extension or alteration of a single-family or two-family residential structure, where the lot is in zoning compliance but the existing structure has a yard encroachment, if said reconstruction, extension or alteration does not further encroach upon one or more nonconforming front, side or rear yards, and still complies with current dimensional requirements for building coverage, floor area and building height.
(2)
Increase in nonconforming nature, or increase in habitable floor area by 25% or more, or increase in nonhabitable floor area by 750 square feet or more. In the event that the Zoning Enforcement Agent determines that the reconstruction, extension or alteration of a nonconforming single-family or two-family residential structure increases the nonconforming nature of the structure, or in the event that such reconstruction, extension or alteration increases the habitable floor area of the structure by 25% or more, and the nonhabitable area by 750 square feet or more, a finding pursuant to MGL c. 40A, § 6, granted by the Board of Appeals shall be required to allow reconstruction, extension or alteration. A determination may be granted by the Board of Appeals only if there is a finding by the Board that the reconstruction, extension or alteration shall not be substantially more detrimental to the neighborhood in which the structure is located than the existing nonconforming use. A finding shall be made using the same procedures required for the issuance of a special permit.
§ 500-29 Sign regulations.
A.
Flashing or moving parts. Signs consisting of moving of flashing parts, travelling lights or animated type, beacons or flashing devices, whether as a part, attached to, or a part from a sign are prohibited except as authorized by special permit (see § 500-20G).
B.
Illuminated signs. Illumination of signs: All illumination of signs shall be so arranged as not to be directed towards any portion of a public way or upon another lot other than that upon which it is located and shall not cause glare on any portion of a public way or upon another lot than that upon which it is located.
C.
Signs in residential districts. In Districts RA, RB, RC and RD, the following signs are permitted:
(1)
One sign for each family residing on the premises indicating the owner or occupant or pertaining to a permitted accessory use, provided that no sign shall exceed one square foot in area.
(2)
One sign, not over 15 square feet in area, pertaining to permitted buildings and uses of the premises other than dwellings and their accessory uses.
D.
Signs in commercial districts. In Districts CA, CB, CC and CD, the following signs are permitted:
[Amended 6-2-2014 ATM by Art. 57]
(1)
One sign mounted on the face or roof of the building not to exceed altogether in area more than 15% of the front wall area of the building if occupied by a single business or enterprise. Where a building is occupied by more than one business or enterprise, all signs together shall not exceed 15% of the front wall area of the building, and each occupant shall be entitled to erect a sign which, in combination with all other permitted signs, would exactly total 15% of said front wall area and would be also proportionate to the amount of square footage occupied by the occupant in said building, excluding for purposes of the proportion common hallways and lavs and other common entries or areas within said building; provided, however, that in no case shall any sign extend above a flat roof or the elevation of the front wall by more than 20% of the average height of the front elevation of said building. The height and size of a sign in the CD District may exceed the requirements of this section by the issuance of a special permit from the Planning Board.
(2)
One freestanding sign located within the front yard area of a building and not exceeding 15% of the front wall area of the building or 60 square feet, whichever is the smaller, provided that the building has a minimum setback of 30 feet and the sign is so located as to be set back 15 feet from the street line and 20 feet from any side line. Square-footage limitations above expressed relate to one face or side of the sign. A sign may have two faces, neither face exceeding the sixty-square-foot limitation above, provided that inside theater, drive-in or outside theaters and restaurants shall be governed by the foregoing provisions with the exception that the square footage limitation shall be 120 square feet.
(3)
Directional signs not to exceed three square feet in area.
(4)
One window sign for each window of the building not to exceed in area 20% of the area of any window upon which located.
E.
Signs in industrial districts. In Districts IA and IB, the following signs are permitted:
(1)
One sign mounted on the face or roof of the main building not aggregating in area more than 15% of the front wall area of said building as determined by orientation to the principal trafficway or street and not extending above a flat roof or the elevation of the front wall by more than 20% of the average height of the front elevation of said building.
(2)
One freestanding sign located within the front yard area of the building and not exceeding in area 15% of the front wall area of the main building or 60 square feet, whichever is the smaller, provided said sign is set back a minimum of 20 feet from the street line and located a minimum of 30 feet from lot lines.
(3)
Unlighted directional signs not to exceed three square feet in area.
F.
Temporary and portable signs.
(1)
Commercial and industrial zoned areas.
(2)
Temporary (including portable) signs are prohibited except as hereinafter expressly described.
(3)
Wherever placed, whether by permit or without the requirement for a permit, all shall: conform to zoning setbacks, show no moving or flashing lights, and be constructed to withstand strong winds:
(a)
Town departments, churches and church groups, public schools, civic and charitable organizations may, without application for permit, make use of temporary signs.
(b)
Political signs may, without application for permit, be placed, not to exceed one per candidate per lot, not earlier than three weeks before an election and not later than three days after.
(c)
Real estate sign for sale or rental of a building, space or real estate may be placed without application for permit. Such signs shall be removed no later than 14 days after final sale, rental or lease of the property. Said real estate sign shall be limited to 16 square feet in area.
(d)
A construction sign may be placed, without application for permit, not to exceed one per lot or project, to identify the building, owners, contractor, architect, financing source, etc. Such sign shall be removed within 30 days after occupancy or use of the facility. Said construction sign shall be limited to 32 square feet in area.
(e)
Any business establishment may, without application for permit, paint or display temporary unlighted signs inside windows. All of which shall not exceed 30% of the window's area for a period not to exceed 30 days.
(f)
A new business shall be granted, by application for permit by the Building Inspector in accordance with § 500-3, the right to display one temporary sign for a period not to exceed 14 days prior to opening and 30 days after opening. This permit is for one-time use only and is not renewable. Specifications for said sign shall be approved by the Building Inspector.
(g)
Permits with an expiration date of not more than 60 days for other temporary signs may be granted by the Building Inspector if he so deems that such signs are not contrary to the best interests of the Town.
§ 500-30 Specific standards in commercial and industrial districts.
A.
No activity shall be permitted in commercial or industrial districts unless its operation is conducted such that any noise, vibration or flashing is not normally perceptible above street noise without instruments at any point further than the following:
B.
The operation shall be so conducted that all resulting cinders, dust, fumes, gases, odors, smoke, radiation and electromagnetic interference is effectively confined to the premises or disposed of so as to avoid any pollution. Smoke density shall not exceed No. 2 of the Ringelmann Scale for more than 10% of the time and at no time shall exceed No. 3 on that scale. The activity shall not be detrimental to the neighboring property by reason of special danger of fire or explosion.
§ 500-31 Parking requirements.
[Amended 5-19-2025 ATM by Art. 31]
A.
Any parcel on which a building is constructed shall contain off-street parking areas of appropriate design to accommodate the number of vehicles suitable to the permitted use and with proper provision for egress.
B.
All parking areas shall be shown on the site plan indicating the layout of the parking area, including access, location and type of trees and shrubs, proposed lighting and provisions for stormwater drainage.
C.
Minimum standards.
Use | Number of Spaces | |
|---|---|---|
Stores, retail business | At least 1 space for every 250 square feet of gross floor space | |
Offices, banks and similar business | 1 space for each 300 square feet of floor area | |
Motels, hotels, inns and similar uses | 1.2 spaces for each lodging unit | |
Theaters, funeral homes, and places of assembly | 1 space for every 3 seats | |
Restaurants and other places serving food or beverages | 1 space for every 3 seats | |
Single-family residences | 2 spaces for each individual dwelling unit | |
Accessory dwelling unit | 1 space for each individual dwelling unit outside of a 0.5 mile radius of a transit station as defined in § 500-25.1B(10) and zero (0) spaces for each unit within a 0.5 radius of a transit station as so defined | |
Multifamily residences | 2.5 spaces for each family unit | |
Industrial/manufacturing | 1 parking space per 1.3 employees per shift, but not less than 1.3 parking space per 1,000 square feet | |
Warehousing | 1 parking space per 1.0 employee per shift, but not less than 0.5 parking space per 1,000 square feet | |
Bowling alleys | 4 spaces for each alley | |
Boardinghouse | 1 space for each sleeping room | |
Professional offices used as medical or dental facilities | 1 space for each 100 square feet of floor area | |
Other uses | All other types of commercial and industrial uses not specifically mentioned shall provide 1 space for every 250 square feet of gross floor area |
(1)
Mixed uses. Where more than one use is provided in a development, the number of required parking spaces shall be calculated by adding the number of spaces specified above for the proposed area of each individual use within the development and then reducing the total number to take into account the degree to which the nature of the uses will allow the sharing of parking spaces at different times of day and night by the different users of the structures. This reduction in total number of spaces shall be at the discretion of the special permit granting authority or, in cases of site plan review, the Planning Board.
(2)
Egress. Not more than one entrance and exit shall be permitted onto a street from any parking area per 200 feet of frontage or fraction thereof in a commercial district and 300 feet of frontage or fraction thereof in other districts. Each entrance and exit may not be more than 30 feet in width.
D.
Handicapped parking. Parking spaces for the exclusive use of handicapped individuals shall be provided in accordance with the most recent Rules and Regulations of the Architectural Barriers Board, specifically Section 7 thereof.
E.
Parking space size. Each parking space shall measure at least nine feet in width and 18 feet in length.
F.
Landscaping. For all parking lot requiring 10 or more spaces, landscaped areas shall be provided. Planting beds shall be at least five feet wide. One tree shall be provided for every 10 spaces or fraction thereof. Such trees shall be located within the parking area and shall be at least two inches in trunk diameter. In addition, two shrubs shall be provided for every parking space. Such shrubs shall be located within the parking area and shall be at least 1.5 feet in height and two years of growth.
G.
Minimum illumination. The minimum illumination at any point within a parking lot shall be one to two footcandles as is recommended in the standards of the Illuminating Electrical Society. Design adjustments to these standards can be made by the Planning Board for the consideration of abutters.
§ 500-32 Loading requirements.
Business and industrial activities shall provide on-site facilities for the loading and unloading of stock, merchandise, equipment, supplies and other usual business and industrial commodities.
A.
Minimum standards.
Use | Number of Spaces | |
|---|---|---|
Retail store and service establishment | For each retail store or service establishment with gross floor area of from 5,000 to 8,000 square feet, at least one berth. Additional berths at the rate of one berth for each additional 8,000 square feet or nearest multiple thereof | |
Office buildings | For each office building with gross floor area of 4,000 square feet or more, at least one berth shall be provided | |
Manufacturing; industrial uses | For manufacturing and industrial plants and similar uses of up to 8,000 square feet, at least one berth shall be provided. For larger floor areas, additional berths may be required as conditions to special permits |
§ 500-33 Home occupations.
Except as specifically authorized by special permit, home occupations, as defined in Article IV of this bylaw, are permitted subject to the following conditions:
A.
Limitation on area. The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto, provided that an area no larger than 25% of the floor area of the residence is used for the purpose of the home occupation or the professional use.
B.
Non-family employees. Not more than two persons outside the family shall be employed in the home occupation.
C.
Exterior displays and signs. There shall be no exterior display, no exterior sign except one sign, identifying the name of the occupant and the nature of the home occupation, and no exterior storage of materials and no other exterior indication of the home occupation, or other variation from the residential character of the principal building.
D.
Prohibited activities.
(1)
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
E.
Permitted activities. A home occupation may include, but is not limited to, the following: art studio, dressmaker, millinery, handicraft, musician, professional office of a physician, surgeon, dentist, lawyer, engineer, architect, landscaping architect, or clergyman, hairdresser, real estate office, broker of insurance within a dwelling occupied by the same.
§ 500-34 Earth removal regulations. [1]
A.
General provisions.
(1)
For the purpose of this bylaw, "earth" shall include soil, loam, sand, gravel, stone or any other earth material and "removal" shall include the moving of earth from one location to another location within the boundaries of a lot or tract of land as well as the moving of earth off any said lot or tract of land.
(2)
Except as otherwise provided in this bylaw, no earth shall be moved on or from any parcel of land in any district without a special permit from the Planning Board.
B.
Exemptions. The removal of earth material in any of the following operations shall be exempt from the provisions of this section:
(1)
The removal of earth material for basement and septic system excavation.
(2)
The removal of earth material, exclusive of basement and septic excavation, necessary to complete a subdivision proposal, provided said removal does not exceed 1,000 cubic yards.
(3)
The removal of earth material, exclusive of basement and septic system excavation, for a single lot development, provided said material does not exceed 350 cubic yards.
(4)
Removal of earth material from an operating farm, nursery, golf course, cemetery, or other similar use, to the extent that such removal is necessary for the operation of the same.
(5)
Removal of earth material by or on behalf of any department of the Town for or in connection with the construction and maintenance of public buildings, facilities, street and ways; the construction and installation of public utilities for or in connection with any other public purpose which would not require mining operations by or on behalf of any department of the Town.
C.
Special permits required for subdivisions. Approval of a preliminary or a definitive plan by the Planning Board under the Subdivision Control Law[2] shall not be construed as authorizing the removal of earth from the land included in the subdivision plan, except in accordance with the provisions of this bylaw. Removal of earth from any such land shall be allowed only in the same manner as removal from other parcels of land in the Town.
D.
Existing operations.
(1)
Existing operations without special permit.
(a)
Any earth removal operation which is being lawfully conducted on any premises on the effective date of this bylaw without a special permit from the Planning Board may continue to be conducted until it is abandoned, but said earth removal operation shall not be extended. Discontinuance of such operation for more than 12 consecutive months shall be deemed to constitute abandonment.
(b)
For the purpose of this section, the abandonment period shall not be broken by temporary operation except when such operation is for a period at least 60 consecutive days.
(2)
Existing operations under special permit. Any earth removal operation being conducted under a special permit issued by the Board of Appeals prior to the effective date of this amendment may continue until the expiration of said special permit.
E.
Procurement, storage or stockpiling. The procurement, storage or stockpiling of earth upon private property which is intended for public sale and use elsewhere and which requires the operation of mechanical or power equipment in loading or unloading shall fall within the jurisdiction of this bylaw and shall be governed by its provisions.
§ 500-35 Mobile homes or dwellings; trailers; campers.
A.
Storage. So called mobile trailers, mobile campers, boats and boat trailers shall not be stored for a period in excess of 10 days in any zoning district other than RA, RC, RB or RD. Storage in authorized districts shall be at a site or location upon the lot approved by the Building Inspector subject to appeal under MGL c. 40A. Storage in an authorized district shall not be denied. This regulation intends only to regulate the location or site of storage so as to be least objectionable to the neighborhood. Under no circumstances shall any such trailer, camper, boat or boat trailer be stored upon an undeveloped lot in any zoning district.
B.
Use of mobile home as a dwelling. Except for temporary occupation for a period not exceeding 12 months by the owner/occupier of a residence destroyed by fire or natural holocaust. A mobile home shall not be occupied as a dwelling except as authorized by special permit and designated in a licensed mobile home park.
C.
Mobile home parks.
§ 500-36 Groundwater Protection District.
[Amended 6-2-2014 ATM by Art. 58]
A.
Purpose of district. The purpose of this Groundwater Protection District is to:
(1)
Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the Town of Plainville;
(2)
Preserve and protect existing and potential sources of drinking water;
(3)
Conserve natural resources in the Town of Plainville; and
(4)
Prevent temporary and permanent contamination of the environment.
B.
Scope of authority. The Groundwater Protection District is an overlay district superimposed on the zoning districts. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable activities and uses in a portion of one of the underlying zoning districts that fall within the Groundwater Protection District must additionally comply with the requirements of this bylaw. Uses prohibited in the underlying zoning districts shall not be permitted in the Groundwater Protection District.
C. AQUIFER AUTOMOBILE GRAVEYARD CMR COMMERCIAL FERTILIZER DISCHARGE DRY WELL GROUNDWATER PROTECTION DISTRICT HAZARDOUS MATERIAL HAZARDOUS WASTE HISTORICAL HIGH GROUNDWATER TABLE ELEVATION IMPERVIOUS SURFACE INTERIM WELLHEAD PROTECTION AREA (IWPA) JUNKYARD LANDFILL MASSDEP MGL PETROLEUM PRODUCT NON-SANITARY WASTEWATER OPEN DUMP RECHARGE AREAS SEPTAGE SLUDGE TREATMENT WORKS UTILITY WORKS VERY SMALL QUANTITY GENERATOR WASTE OIL RETENTION FACILITY ZONE II
Definitions.
A geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.
An establishment that is maintained, used, or operated for storing keeping, buying, or selling wrecked, scrapped, ruined, or motor vehicle parts as defined in MGL c. 140B, § 1.
Code of Massachusetts Regulations.
Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, and other products exempted by state regulations.
The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, pouring, or placing of toxic or hazardous material or hazardous waste upon or into any land or water such that it may enter the surface or ground waters.
A subsurface pit with open-jointed lining or holes through which stormwater drainage from roofs, basement floors, foundations or other areas seep into the surrounding soil.
The land area consisting of aquifers and Zone II recharge areas as identified on a map and adopted pursuant to this bylaw.
Any substance in any form, which because of its quantity, concentration, or its chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with one or more substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment, when improperly stored, treated, transported, disposed of, used, or otherwise managed. Hazardous material includes, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious materials, and all substances defined as toxic or hazardous under MGL c. 21E. This term shall not include hazardous waste or oil.
A substance or combination of substances, which because of quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or pose a substantial present or potential hazard to human health, safety, or welfare or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed. This term shall include all substances identified as hazardous pursuant to the Hazardous Waste Regulations, 310 CMR 30.000.
A groundwater elevation determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey.
Material or structure on, above, or below the ground that does not allow precipitation or surface water runoff to penetrate into the soil.
The MassDEP designated protection radius around a public water well that lacks a Zone II.
An establishment that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, as defined in MGL c.140B, § 1.
A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to the Solid Waste Regulations, 310 CMR 19.006.
Massachusetts Department of Environmental Protection.
Massachusetts General Law.
Includes, but not limited to, fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. "Petroleum product" shall not include liquefied petroleum gas, including, but not limited to, liquefied natural gas, propane or butane.
Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage, including, but not limited to, activities specified in 310 CMR 15.004(6).
A facility operated or maintained in violation of the Resource Conservation and Recovery Act, 42 U.S.C. § 4004(a)(b), or state regulations and criteria for solid waste disposal.
Land areas, such as a Zone II or Interim Wellhead Protection Area, where precipitation and surface water infiltrates into the ground to replenish groundwater and aquifers used for public drinking water supplies.
The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. This term shall not include any material that is a hazardous waste, as defined by 310 CMR 30.000.
The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment including wastewater residuals. This term shall not include grit, screening, or grease and oil which are removed at the headworks of a facility.
Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
Regulated activities providing for public services, including roads, water, sewer, electricity, gas, telephone, transportation and their associated maintenance activities. This term shall include the installation of detention and retention basins for the purpose of controlling stormwater.
Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with MGL c. 21, § 52A.
The delineated recharge area to a public drinking water well as approved by MassDEP and defined under the Massachusetts Drinking Water Regulations, 310 CMR 22.00.
D.
Establishment and delineation of Groundwater Protection District.
(1)
For the purposes of this bylaw, there are hereby established within the Town of Plainville certain groundwater protection areas consisting of aquifers or recharge areas. These areas are delineated on a map entitled "Town of Plainville Map of Groundwater Protection District" dated March 20, 2014, which is hereby made part of the Groundwater Protection District Bylaw and is on file in the office of the Town Clerk.
E.
District boundary disputes.
(1)
If the location of the Groundwater Protection District in relation to a particular parcel is in doubt, resolution of the boundary dispute shall be through a special permit application to the special permit granting authority. Any application for a special permit for this purpose shall be accompanied by adequate documentation.
(2)
Burden of proof shall be upon the land owner to demonstrate that the location of the Groundwater Protection District with respect to a particular parcel(s) of land is uncertain. At the request of the land owner, the Town may engage a professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the Groundwater Protection District with respect to a particular parcel(s) of land, and may charge the owner for the cost of the investigation. Changes to the Groundwater Protection District require Town Meeting approval.
(3)
Where the boundary line of the Groundwater Protection District divides a lot or parcel, the requirements established by this bylaw shall apply only to that portion of the lot or parcel that lies within the Groundwater Protection District.
F.
Permitted uses.
(1)
The following uses are permitted within the Groundwater Protection District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:
(a)
Conservation of soil, water, plants, and wildlife;
(b)
Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;
(c)
Foot, bicycle and/or horse paths, and bridges;
(d)
Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;
(g)
Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to Subsections G and Section H of this bylaw;
(h)
Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels; and
G.
Prohibited uses.
(1)
The following land uses and activities are prohibited unless designed in accordance with the specified performance standards:
(a)
Landfills and open dumps;
(b)
Automobile graveyards and junkyards;
(d)
(e)
Petroleum, fuel oil, and heating oil bulk stations and terminals, including, but not limited to, those listed under North American Industry Classification System (NAICS) Codes 424710 and 454311, except for liquefied petroleum gas.
(f)
Storage of liquid hazardous materials and/or liquid petroleum products unless such storage is above ground level and on an impervious surface and either in container(s) or aboveground tank(s) within a building; or outdoors in covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers or 110% of the largest container's storage capacity, whichever is greater. However, these storage requirements shall not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline, provided the replacement is performed in a manner consistent with state and local requirements;
(h)
Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
(i)
Storage of animal manure unless contained within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
(j)
Storage of commercial fertilizers unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
(k)
Stockpiling and disposal of snow and ice containing deicing chemicals brought in from outside the Groundwater Protection District;
(l)
Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material to within four feet of historical high groundwater, unless such substances removed are redeposited within 45 days of removal on the site to achieve a final grading greater than four feet above the historical high water mark, and except for excavations for the construction of building foundations, the installation of utility works or wetland restoration work conducted in accordance with a valid order or condition issued pursuant to MGL c. 131, § 40. The SPGA shall review information submitted from sources such as monitoring wells, historical water table fluctuation data compiled by the United States Geological Survey or other reputable sources acceptable by the SPGA, and on-site soil analysis conducted by a certified soil evaluator in conformance with DEP standards in making its determination as to the historical high groundwater elevation; and
(m)
(n)
Private sewer treatment (package) plants for residential uses.
H.
Uses and activities requiring a special permit.
(1)
The following uses and activities are permitted only upon the issuance of a special permit by the special permit granting authority (SPGA) under such conditions as they may require:
(a)
Enlargement or alteration of existing structures or uses that do not conform to the Groundwater Protection District;
(b)
Except as prohibited under Subsection G of this bylaw, activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use and which are permitted in the underlying zoning district;
(c)
Rendering impervious any lot or parcel more than 15% or 2,500 square feet whichever is greater;
I.
Procedures for issuance of special permit.
(1)
The special permit granting authority (SPGA) under this bylaw shall be the Planning Board. A special permit shall be granted if the SPGA determines, in conjunction with the Plainville Board of Health, Conservation Commission, Water/Sewer Commission, Fire Department, Department of Public Works and Building Inspector, that the intent of this bylaw, as well as its specific criteria, is met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The SPGA shall document the basis for any departures from the recommendations of the other municipal boards, departments or commissions in its decision.
(2)
Upon receipt of the special permit application, the SPGA shall transmit one copy to the Plainville Board of Health, Conservation Commission, Water/Sewer Commission, Fire Department, Department of Public Works and Building Inspector. Failure to respond, in writing, within 35 days from the date of receipt of the material from the SPGA shall indicate approval, or no desire to comment. The necessary number of copies of the application shall be furnished by the applicant.
(3)
The SPGA may grant the required special permit only upon finding that the proposed use meets the criteria set forth in § 500-20C those specified in Subsection G of this bylaw, the following standards, and any regulations or guidelines adopted by the SPGA. The proposed use must:
(a)
In no way, during construction or thereafter, adversely affect the quality or quantity of the water supplies protected by the Groundwater Protection District; and
(b)
Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed such that recharge to groundwater is impaired.
(c)
Be designed to provide stormwater runoff treatment and artificial recharge that will not degrade water quality, and is provided using methods demonstrated to be capable of removing contaminants from stormwater which are consistent with the methods described in MassDEP's Stormwater Handbook, Vol. I, II and III, as amended. Such standards shall be required whether or not the proposal requires a permit under the provisions of the Massachusetts Wetlands Protection Act.
(4)
The SPGA may adopt controls to govern design features of projects. Such controls shall be consistent with the Town's subdivision regulations.
(5)
The applicant shall file 11 copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the SPGA and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent:
(a)
A complete list of chemicals, pesticides, herbicides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use; and
(b)
For activities using or storing hazardous materials or wastes, a management plan shall be prepared and filed with the Fire Chief and Board of Health. The plan will be consistent with the requirements of Subsection G and shall include:
[1]
Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and cleanup procedures;
[2]
Provisions for indoor, secured storage of hazardous materials or wastes with impervious floor surfaces;
[4]
Proposed down-gradient location(s) for groundwater monitoring well(s), should the SPGA deem the activity a potential groundwater threat.
(6)
The SPGA shall hold a hearing, in conformity with the provision of MGL c. 40A, § 9, within 65 days after the filing of the application. Notice of the public hearing shall be given by publication and posting and by first-class mailings to "parties of interest" as defined in MGL c. 40A, § 11. The decision of the SPGA and any extension, modification, or renewal thereof shall be filed with the SPGA and Town Clerk within 90 days following the closing of the public hearing. Failure of the SPGA to act within 90 days shall be deemed as a granting of the permit.
J.
Enforcement.
(1)
Written notice of any violations of this bylaw shall be given by the Plainville Zoning Enforcement Officer to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance.
(2)
A copy of such notice shall be submitted to the Town Planning Board. The cost of containment, cleanup, or other action of compliance shall be borne by the owner/operator of the premises.
K.
Severability.
(1)
If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of this bylaw.
§ 500-37 Community and water resource protection.
[Amended 6-2-2014 ATM by Art. 59]
A.
Purpose and application. For the purpose of protecting groundwaters and other water resources in the Town of Plainville, there are hereby established water resource protection regulations as part of the Zoning Bylaw. These regulations apply throughout the Town. All uses and dimensional requirements and other provisions of this bylaw applicable to land, buildings and uses in all zoning districts shall remain in force and effect, except that where the water resource protection regulations impose greater or additional restrictions and requirements, such restriction and requirements shall prevail.
B.
Use regulations. Notwithstanding use regulations for a particular district, the uses listed below are prohibited. Such uses where lawfully existing may be continued but may not be expanded or altered without a special permit from the special permit granting authority (SPGA), which, for the purpose of this section of the Zoning Bylaw, is the Zoning Board of Appeals (see §§ 500-27 and 500-28).
(1)
Outdoor storage of the following substances: salt, snow-melting chemicals, or hazardous substances such as pesticides, herbicides and water soluble and volatile chemical compounds. This prohibition shall include, without limitation, outdoor storage of materials containing or coated with such chemicals susceptible to being carried into surface water or groundwater.
(2)
Storage of radioactive waste.
C.
Uses by special permit.
(1)
Except as specified in Article 1 of this bylaw, the following uses will be allowed only upon issuance of a special permit issued by the Planning Board.
(a)
Any use, or expansion of an existing use, that creates 20 or more parking spaces.
(b)
Any new commercial or industrial building, or combination of buildings on a single lot, or any combination of addition or additions to an existing commercial or industrial building or buildings, which equals or exceeds a footprint area of 10,000 square feet.
(c)
On a lot where the existing footprint of all buildings combined exceeds 10,000 square feet, any combination of addition or additions to an existing building or buildings which equals or exceeds a footprint area of 5,000 square feet.
(d)
Any manufacturing or processing industrial use disposing of hazardous toxic (as defined by federal and state regulations) solid waste or hazardous toxic wastewater through an on-site subsurface disposal system.
(e)
Business or manufacturing use with an impervious area in excess of one acre.
(f)
Junkyards or salvage yards.
(g)
Landfills and similar waste treatment or disposal facilities.
(h)
Manufacture of pesticides, fertilizers, weedkillers and herbicides.
(i)
Facilities for the storage or treatment of hazardous wastes.
§ 500-38 Medical marijuana and marijuana establishments.
[Added 11-26-2018 STM by Art. 4[1]]
A.
Authority, purpose and intent. These provisions are enacted pursuant to General Laws, Chapter 40A, Section 5, and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution. It is recognized that the nature of the substance cultivated, processed, and/or sold by marijuana establishments may have objectionable operational characteristics and should be located in such a way as to ensure the health, safety, and general well-being of Plainville residents, the general public, patients seeking treatment, and customers seeking to purchase marijuana for recreational use. The Medical Marijuana and Marijuana Establishments Bylaw is therefore necessary to advance these purposes.
B.
Permitted uses. Subject to the provisions of this Zoning Bylaw, Chapter 40A of the Massachusetts General Laws, 105 CMR 725.000, and M.G.L. Chapter 94G, marijuana establishments will be permitted to provide medical support, security, and physician oversight that meet or exceed state regulation as established by the Massachusetts Department of Health (DPH) and to provide retail sales of marijuana for nonmedical use in a manner that meets or exceeds state regulations in those zoning districts where said use is allowed by special permit.
C. CANNABIS CONTROL COMMISSION (CCC) CRAFT MARIJUANA CULTIVATOR COOPERATIVE INDEPENDENT MARIJUANA TESTING LABORATORY MARIJUANA CULTIVATOR MARIJUANA ESTABLISHMENT MARIJUANA PRODUCT MANUFACTURER MARIJUANA PRODUCTS MARIJUANA RETAILER (MR) MEDICAL MARIJUANA TREATMENT CENTER OFF-SITE MEDICAL MARIJUANA DISPENSARY (OMMD) REGISTERED MARIJUANA DISPENSARY (RMD)
Definitions. Where not expressly defined in the Plainville Zoning Bylaws, terms used in this section shall be interpreted as defined in 935 CMR 500.002, and otherwise by their plain language.
The Massachusetts Cannabis Control Commission established by M.G.L. c. 10, § 76, or its designee.
A marijuana cultivator comprised of residents of the commonwealth as a limited liability company or limited liability partnership under the laws of the commonwealth, or an appropriate business structure as determined by the Cannabis Control Commission (hereafter, "the Commission"), and that is licensed to cultivate, obtain, manufacture, process, package and brand marijuana and marijuana products to deliver marijuana to marijuana establishments but not to the consumer.
A laboratory that is licensed by the Commission and is: (i) accredited to the most current version of the International Organization for Standardization 17025 by a third-party accrediting body that is a signatory of the International Laboratory Accreditation Accrediting Cooperation with a mutual recognition arrangement, or that is otherwise approved by the Commission; (ii) independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and (iii) qualified to test marijuana in compliance with regulations promulgated by the Commission pursuant to this chapter.
An entity licensed to cultivate, process, and package marijuana, to deliver marijuana to marijuana establishments, and to transfer marijuana to other marijuana establishments, but not to consumers.
A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer, or any other type of licensed marijuana-related businesses.
An entity licensed to obtain, manufacture, process, and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments, and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
Products that have been manufactured and contain marijuana or an extract of marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including without limitation edible products, beverages, topical products, ointments, oils, and tinctures.
An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell, or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
Also known as registered marijuana dispensary as defined by 105 CMR 725.000.
A registered marijuana dispensary that is located off-site from the cultivation/processing facility (and controlled and operated by the same registered and approved not-for-profit entity which operates an affiliated RMD) but which serves only to dispense the processed marijuana, related supplies and educational materials to registered qualifying patients or their personal caregivers in accordance with the provisions of 105 CMR 725.00.
A use operated by a not-for-profit entity registered and approved by the MA Department of Public Health in accordance with 105 CMR 725.000, and pursuant to all other applicable state laws and regulations, also to be known as a medical marijuana treatment center, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. A RMD shall explicitly include facilities which cultivate and process medical marijuana, and which may also dispense and deliver medical marijuana and related products. The cultivation and processing of medical marijuana in accordance with these regulations is considered to be a manufacturing use and is not agriculturally exempt from zoning.
D.
Application requirements. The Planning Board shall be the special permit granting authority. The application requirements and procedures shall be conducted pursuant to § 500-6(B) and § 500-20. All submittal requirements and review standards provided in § 500-6(B) and § 500-20 of this bylaw pertaining to administration, application and submission requirements, fees, powers, hearings and time limits shall met. In addition, no special permit will be granted by the Planning Board for medical marijuana and/or a marijuana establishment unless an application containing the following additional information is submitted and the adequacy of the contents approved:
(1)
The name and address of each owner of the facility/operation;
(2)
Copies of all documentation demonstrating appropriate application status under state law, or registration or license, issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility;
(3)
The applicant shall submit proof that the application to the Cannabis Control Commission has been deemed complete pursuant to 935 CMR 500.102. Copies of the complete application, redacted as necessary, shall be provided as part of the application to the SPGA, and no special permit application shall be deemed complete until this information is provided. No special permit shall be granted by the SPGA without the marijuana establishment first having been issued a provisional license from the Commission pursuant to 935 CMR 500.D.
(4)
Evidence that the applicant has site control and the right to use the site for a facility in the form of a deed or valid purchase and sale agreement, or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement;
(5)
A notarized statement signed by the organization's chief executive officer and corporate attorney disclosing all of its designated representatives, including officers and directors, shareholders, partners, members, managers, directors, officers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of all individual persons associated with the entity as set forth above;
(6)
Site plan review as required by § 500-39 may be required by the Planning Board as part of the special permit application;
(7)
In addition to what is normally required in a site plan application pursuant to § 500-39, details showing all exterior proposed security measures for the premises, including lighting, fencing, gates and alarms, etc., which seek to ensure the safety of employees and patrons and to protect the premises from theft or other criminal activity;
(8)
A detailed floor plan of the building that identifies the square footage available and describes the functional areas of the facility.
(9)
A security plan shall be submitted that details any anticipated burden on Town public safety personnel from use of the facility. The plan shall include all security measures for the site and transportation of marijuana and associated products to and from off-site premises to ensure the safety of the employees and public, and to protect the operation from theft or other criminal activity. The plan shall meet all security requirements of 935 CMR 500.110, and shall be updated annually, with copies provided to the Plainville Police and Fire Departments for approval.
(10)
A management plan, including a description of all activities to occur on site, including all provisions for the delivery of marijuana and related products to marijuana establishments, OMMDs, RMDs, and MRs or off-site direct delivery;
(11)
A traffic impact report.
(12)
A resource plan demonstrating best practices utilized for use of energy, water, waste disposal and other common resources to ensure that there will be no undue damage to the natural environment.
(13)
A list of waivers, if any, which were requested by the marijuana establishment and granted by the CCC to any section of the regulations, 935 CMR 500.00.
(14)
The Planning Board may require any additional information it deems necessary in order to adequately ascertain the health, safety, infrastructure, environmental or other pertinent impacts of the proposal.
E.
Use regulations. The following regulations shall apply to uses under this section:
(1)
No marijuana shall be smoked, eaten or otherwise consumed or ingested on the premises.
(2)
The hours of operation shall be set by the special permit granting authority, but in no event shall a facility be open to the public, nor shall any sale or other distribution of marijuana occur upon the premises or via delivery from the premises, outside of the following hours:
(3)
Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana establishment or medical marijuana treatment center is located. No outside storage is permitted.
(4)
All operations relative to the cultivation, processing, testing, product manufacturing, retail, or any other type of state licensed marijuana related business must take place within a fully enclosed building. No marijuana establishment or medical marijuana treatment center shall be located in a trailer, storage freight container, motor vehicle or other similar moveable enclosure.
(5)
No drive-through service shall be permitted.
(6)
All business signage shall be subject to the requirements promulgated by the Massachusetts Cannabis Control Commission, the Massachusetts Department of Public Health, or such other state licensing authority, as the case may be, and the requirements of § 500-29 of this bylaw. No temporary, portable, flag or A-frame signs are permitted. The Planning Board may include additional signage restrictions as a condition of approval.
(7)
No marijuana establishment or medical marijuana treatment center shall be managed by any person other than the licensee or their assign. Such licensee or assign shall be on the premises during regular hours of operation and shall be responsible for all activities within the licensed business and shall provide emergency contact information for the Plainville Police and Fire Departments to retain on file.
(8)
The marijuana establishment shall not create a nuisance to abutters or to the surrounding area, or create any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent, or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area. Violation of this bylaw or the conditions of any special permit issued hereunder shall entitle the Planning Board to notice a public hearing to consider the modification, suspension or revocation of the special permit or any orders or conditions relating thereto.
(9)
Ventilation. All facilities shall be ventilated in such a manner that:
(a)
No pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere; and
(b)
No odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the marijuana establishments, RMD, OMMD facility or MR or at any adjoining use or property.
F.
Restrictions, prohibitions and conditions.
(1)
The distance under this section is measured in a straight line from the nearest point of the property line of the protected uses listed below to the nearest point of the property line of the proposed RMD. The proposed uses shall not be located within 500 feet of the following:
(a)
A public or private elementary school, middle school, secondary school, preparatory school, licensed day-care center, or any other facility in which children commonly congregate in an organized ongoing formal basis; or
(b)
Property owned by and operated as part of the campus of any private or public institution of higher learning; or
(c)
A public library; or
(d)
A playground or park (Note: This does not include undeveloped conservation land);
(e)
Any dwelling unit.
(2)
No RMD, OMMD, or MR shall be located within 500 feet of any other RMD, OMMD, or MR.
(3)
No marijuana establishment or medical marijuana treatment center shall be located inside a dwelling, or a building containing a dwelling unit, or inside any building containing transient housing, including a hotel, motel or dormitory.
(4)
The proposed use shall not display on-premises signage or other marketing on the exterior of the building or in any manner visible from the public way, which, in the opinion of the special permit granting authority, may promote or encourage the use of marijuana or other drugs by minors.
(5)
The permit holder shall file a copy of any incident report required under the CCC Regulations with the Board of Selectmen, with copies to the Zoning Enforcement Officer and the SPGA, within 24 hours of creation by the marijuana establishment. Such reports may be redacted as necessary to comply with any and all applicable laws and regulations.
(6)
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 Board of Selectmen, with copies to the Zoning Enforcement Officer and the SPGA, within 48 hours of receipt by the marijuana establishment.
(7)
The permit holder shall provide to the Board of Selectmen, 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 the Police Department, Zoning Enforcement Officer or other Town official determines it necessary to contact the applicant after regular business hours. Such contact information shall be kept updated by the permit holder.
(8)
The special permit shall be limited to the current applicant and shall become void if the permit holder ceases operating the marijuana establishment or does not control greater than 50% ownership.
(9)
The special permit shall become void if the CCC refuses to issue a final license or upon the expiration or termination of the applicant's CCC license.
(10)
The permit holder shall notify the Board of Selectmen in writing, with copies to the Zoning Enforcement Officer, the Police Department, and SPGA, within 48 hours of the cessation of operation of the marijuana establishment, notice from the CCC of a denial of a final license, transfer or sale of interest, enforcement action taken by the CCC or the expiration or termination of the permit holder's CCC license.
(11)
The permit holder shall not operate, and the special permit will not take effect, until the applicant has entered into a Host Community Agreement (HCA), specific to the adult use marijuana establishment, with the Town. The special permit shall become void upon the expiration or termination of the HCA.
(12)
The applicant/owner agrees to provide the SPGA with any and all documents related to the marijuana establishment if and when requested to do so.
G.
Findings. In addition to the findings required under § 500-20 and § 500-39, and all other applicable sections of this bylaw, the special permit granting authority shall find that the proposed use:
(1)
Meets all of the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will as proposed be in compliance with all applicable state laws and regulations.
(2)
If the proposed use is a Registered Marijuana Dispensary (RMD) or an Off-Site Medical Marijuana Dispensary (OMMD), complies with 105 CMR 725.000 and approved regulations of the MA Department of Public Health.
(3)
Is subject to a signed Host Agreement with the Town of Plainville.
(4)
Is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest.
(5)
Provides a secure waiting area.
(6)
Provides adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals, and that the storage and/or location of cultivation of marijuana is adequately secured in enclosed, locked facilities.
(7)
Adequately addresses issues of vehicular and pedestrian traffic, circulation, parking and queuing, especially during peak periods at the facility, and adequately mitigates the impacts of vehicular and pedestrian traffic on neighboring uses.
H.
Transfer/discontinuance of use.
(1)
A special permit granted under this section is nontransferable and shall have a term limited to the duration of the applicant's ownership or leasing of the premises as a marijuana establishment, RMD, OMMD, or MR.
(2)
Any marijuana establishment, RMD, OMMD, or MR permitted under this section shall be required to remove all material, plants, equipment, and other paraphernalia in compliance with 105 CMR 725.105 (J) and (O) prior to the expiration of its DPH Registration, immediately following revocation or voiding of its DPH Registration, or following the expiration, revocation or voiding of its license issued by the Commission.
(3)
The special permit shall be valid only for the applicant and shall become void if the applicant ceases operating the licensed marijuana establishment for a period of three consecutive months.
(4)
The special permit shall become void if a final license is not issued by the CCC or upon the expiration or termination of the marijuana establishment's CCC license.
(5)
All other applicable provisions of the Plainville Zoning Bylaw shall also apply.
I.
Inspections. The Town and its agents, including representatives from the Building, Conservation, Health, Planning, Police, and Fire Department, may conduct unannounced, unscheduled, periodic inspections of the premises of any marijuana establishment or medical marijuana treatment center during normal business hours to determine the marijuana establishment's or medical marijuana treatment center's compliance with the requirements of state and local laws, regulations, licenses, and permits, including this section.
J.
Conflicts with state law and regulations. If any provision, paragraph, sentence, or clause of this bylaw shall be determined to be in conflict with applicable state law or regulations, the provisions of said state law or regulations shall prevail.
K.
Severability. If any section or portion of this bylaw is ruled invalid by a court of competent jurisdiction, such ruling will not affect the validity of the remainder of this bylaw.
L.
Waivers.
(1)
Waivers from the requirements of this section may be requested in writing to the Planning Board. A waiver may be granted by the Planning Board if it determines that:
(2)
The Planning Board may impose any conditions, safeguards and other limitations on a waiver when it deems it appropriate to protect the public health, public safety or the environment.
M.
Restriction on number of facilities. The number of recreational marijuana retailers permissible to be located in the Town shall be limited to 20% of the number of licenses issued within the Town for the retail sale of alcoholic beverages not to be drunk on the premises where sold pursuant to MGL c. 138, § 15. In the event that 20% of said licenses is not a whole number, the limit shall be rounded up to the nearest whole number. A special permit for a marijuana retailer shall not be revoked solely because the total number of special permits issued to marijuana retailers in the Town exceeds the 20% number due to a reduction in the number of licenses issued within the Town under MGL, c. 138, § 15.
[1]
Editor's Note: This article also repealed former § 500-38, Temporary moratorium on recreational marijuana establishments, added 6-5-2017 ATM by Art. 52, as amended.
§ 500-39 Site plan review.
A.
Purpose. The site plan review process and the issuance of a development permit are intended to assure the proper design and construction of the drainage facilities, parking areas, lighting, loading, waste removal, points of access and egress, signs, sediment and erosion control, pedestrian access, landscaping and screening of the abutting landowners.
B.
Applicability.
(1)
Unless proposed for a single-family or two-family use, all development proposals are subject to site plan review by the Planning Board if proposing any of the following:
C.
Administrative procedures. The Planning Board as the permit authority shall adopt rules relative to the issuance of development permits and file a copy with the Town Clerk.
D.
Information requirements. The following shall be required by the applicant for site plan review:
(1)
Locus plan;
(2)
Location of structures within 100 feet of property lines;
(3)
Existing and proposed buildings, showing setbacks from property lines;
(4)
Building elevations;
(5)
Existing and proposed contour elevations in two-foot increments;
(6)
Parking areas, driveways and facilities for pedestrian movement;
(8)
Utilities and lighting;
(9)
Landscaping, including trees to be removed and retained;
(10)
Loading and unloading facilities;
(11)
Provisions for refuse removal;
(12)
Existing and projected traffic volumes from the site and effect on the local road network;
(13)
Drainage calculations and soil tests for the location of the building(s), parking areas and drainage facilities;
(14)
Other information as may be necessary to determine compliance with the provisions of this bylaw.
(15)
A MassGIS photo must be provided to the Planning Board along with the indexed reference date stating the date that the photo was taken. The applicant must then provide to the Planning Board proof of any new structures over 800 square feet and altered land over 0.50 acre on lots abutting the development permit from the time the GIS photo was taken up until the time of submittal. The photo shall show at a minimum 500 feet beyond the borders of the site or subdivision and shall be at an approximate scale of one inch equals 200 feet.
E.
Review procedure. After a public hearing notice, of which shall be given in accordance with the provisions of MGL c. 40A, § 11, the Planning Board shall examine the following concerns in reviewing the site plans of the proposed development:
(1)
Proper drainage of the property;
(2)
Safe access to the development, minimizing the number and width of curb cuts;
(3)
Acceptance design and layout of ways, street and parking areas;
(4)
That the projected traffic increases to the local road(s) is within the capacity of the existing network for both daily and peak hour volumes;
(5)
Proper lighting design for parking areas and abutters;
(6)
That proposed use(s) will not have a detrimental effect on the abutting neighborhoods or natural environment;
(7)
Complies with the Plainville Master and Open Space Plans.
F.
Appeal. The Board of Appeals as established by MGL c. 40A shall hear and decide appeals in regards to determinations or decisions made by the Planning Board in the enforcement or administration of this section.
G.
Completion of improvements. Upon approval by the Planning Board, the applicant shall prepare two sets of final plans to be endorsed by the Planning Board within 90 days of approval. One set of the endorsed plans shall be transmitted to the Inspector of Buildings by the Planning Board with a copy of its written decision. Said applicant shall complete all required improvements within one year of plan endorsement. An extension may be granted at the Board's discretion pending a written request within 60 days of expiration.
§ 500-40 Floodplain review.
[Amended 6-3-2013 ATM by Art. 39; 6-1-2015 ATM by Art. 60; 11-15-2021 STM by Art. 16; 5-19-2025 ATM by Art. 32]
A.
Purpose. The purposes of the Floodplain District are to:
(1)
Ensure public safety through reducing the threats to life and personal injury.
(2)
Eliminate new hazards to emergency response officials.
(3)
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.
(4)
Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.
(5)
Eliminate costs associated with the response and cleanup of flooding conditions.
(6)
Reduce damage to public and private property resulting from flooding waters.
(7)
Protect, preserve and maintain the water table and water recharge areas within the Town and to preserve present and potential water supplies for public health and safety.
B.
Floodplain Overlay District. The Floodplain District is herein established as an overlay district. The district includes all special flood hazard areas within the Town of Plainville designated as Zone A or AE on the Norfolk County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM, and further defined by the Norfolk County Flood Insurance Study (FIS) report, both dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk and Planning Board.
C.
Use regulations.
(1)
The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
(2)
No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms listed below and other applicable regulations.
D.
Permits and administrative procedure.
(1)
The Town of Plainville requires a development permit for all proposed construction, or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.
(2)
The Planning Board, as the permit authority, may adopt rules relative to the issuance of development permits and file a copy with the Town Clerk.
(3)
All local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District must be acquired by the applicant, who must submit a completed checklist demonstrating that all necessary permits have been acquired.
E.
Information requirements. Application for a development permit shall be made on forms furnished by the Planning Board and may include, but not be limited to, plans drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage and location. Specifically required:
(1)
Locus plan;
(2)
Existing and proposed buildings;
(3)
Elevation in relation to mean sea level of the lowest floor (including basement or cellar) of all structures;
(4)
Elevation in relation to mean sea level to which any structure has been floodproofed;
(5)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in this article;
(6)
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and
(7)
Plans for any walls to be used to enclose space below the base flood level.
F.
Review procedure. At a properly posted Planning Board meeting, the Board shall examine and review the permit application to ensure the following concerns have been addressed:
(1)
Within the floodway no encroachments (including fill, new construction, substantial improvements to existing structures, or other development) shall be allowed unless it is demonstrated by the applicant that the proposed development as a result of compensating actions will not result in any increase in flood levels within the Town during the occurrence of a 100-year flood in accordance with the Federal Emergency Management Agency's regulations for the National Flood Insurance Program.
(2)
Any encroachment in the floodway meeting the above standard must also comply with the floodplain requirements of the State Building Code.
(3)
The proposed use will not create increased flood hazards which shall be detrimental to the public health, safety and welfare.
(4)
The proposed use will comply in all respects to the provisions of the underlying district or districts within which the land is located.
(5)
The proposed use is in compliance with all applicable state and federal laws, including the Massachusetts Building Code and the Massachusetts Wetlands Protection Act (MGL c. 131, § 40).
(6)
Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
(7)
Floodway encroachment.
(a)
In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b)
In Zone AE, along watercourses that have a regulatory floodway designated on the FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(8)
When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.
(9)
Watercourse alterations. In a riverine situation, the Planning Board shall notify the following of any alteration or relocation of a watercourse:
(10)
All subdivision proposals, or other development proposals in the Floodplain Overlay District, shall be designed to assure that:
(11)
Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
(12)
Recreational vehicles. In A and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements, or be on the site for less than 180 consecutive days, or be fully licensed and highway ready.
G.
Appeal. The Board of Appeals, as established by MGL c. 40A, shall hear and decide appeals in regards to determinations or decisions made by the Planning Board in the enforcement or administration of this section.
H.
Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable, but does not imply total flood protection.
I.
Severability. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.
J.
Designation of Community Floodplain Administrator. The Town of Plainville hereby designates the position of Conservation Agent to be the official Floodplain Administrator for the Town.
K.
Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:
FEMA Region I Risk Analysis Branch Chief
and copy of notification to:
Massachusetts NFIP State Coordinator.
L.
Variances.
(1)
Variances to Building Code floodplain standards.
(a)
The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.
(b)
Variances granted by the State Building Code Appeals Board under the State Building Code must also be independently approved by the Planning Board as part of its review of a project under this bylaw.
(2)
Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP). A variance from these floodplain bylaws must meet the requirements set out by state law, and may only be granted if:
(a)
There is good and sufficient cause;
(b)
A determination is made that there is good and sufficient cause for the granting of the variance, and that failure to grant the variance would result in exceptional non-financial hardship to the applicant;
(c)
The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public;
(d)
The variance shall not conflict with existing local bylaws and/or regulations; and
(e)
The variance is the minimum action necessary to afford relief.
(3)
The Town shall issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that:
(4)
The Town shall maintain a record of all variance actions for the referenced project. The documentation shall include the variance request; determinations made by the entity granting the request that the three criterion listed above have been met; a copy of the letter to the property owner regarding possible insurance premium impacts; and that all appropriate flood protection and hazard mitigation measures were taken where applicable and possible.
M. DEVELOPMENT FLOODWAY FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) (3) (4) NEW CONSTRUCTION RECREATIONAL VEHICLE(1) (2) (3) (4)
REGULATORY FLOODWAY SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION STRUCTURE SUBSTANTIAL REPAIR OF A FOUNDATION VARIANCE VIOLATION ZONES, FLOOD(1) (2) (3) (4) (5) (6)
Definitions.
Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]
The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59, also, Referenced Standard ASCE 24-14]
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
US Code of Federal Regulations, Title 44, Part 59] |
See "floodway."
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]
Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the Building Official shall determine it to be substantial repair of a foundation. Applications determined by the Building Official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC].
A grant of relief by a community from the terms of a floodplain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
ZONE AAn area of special flood hazard without water surface elevations determined.
ZONE A1-30 AND ZONE AEArea of special flood hazard with water surface elevations determined.
ZONE AHAreas of special flood hazards having shallow water depths and/or unpredictable flow paths between one foot and three feet, and with water surface elevations determined.
ZONE AOArea of special flood hazards having shallow water depths and/or unpredictable flow paths between one foot and three feet. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow.)
ZONE A99Area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined.)
ZONES B, C, AND XAreas of minimal or moderate flood hazards or areas of future-conditions flood hazard.
§ 500-41 Commercial Interchange District.
A.
Purpose. The purpose of the Commercial Interchange (CI) District is to enhance the welfare of the community by promoting stable and sustainable economic development of appropriate land areas which are valuable to the local economy, while preserving the health and safety of its residents, and to provide protection for the Town's natural resources from environmentally undesirable or adverse impact by encouraging innovative and efficient planning for commercial developments.
B.
Applicability. All uses and developments located within the Commercial Interchange (CI) District must conform with the provisions of this § 500-41. Proposed developments in the CI District are not required to obtain the special permits described in § 500-37, Water resource protection; § 500-38, Watershed Protection District; § 500-40, Floodplain; § 500-21, Earth removal, and § 500-34, Earth removal regulations. However, where they are applicable, the purpose and use regulations of those sections shall be met by proposed CI developments, and the review procedures shall be incorporated by the Planning Board into its review of CI proposals.
C.
Use regulations.
(1)
Permitted uses. The following uses are permitted as of right in the CI District:
(a)
Agriculture, horticulture, floriculture, viticulture.
(b)
The sale of produce, wine and dairy products, provided that, during the months of June, July, August and September of every year, the majority of such products for sale (based on either gross sales dollars or volume) have been produced by the owner of the land on which the facility is located.
(2)
Special permit uses. The following uses are permitted in the CI District, subject to the issuance of a special permit from the Planning Board:
(a)
Child-care/day-care center.
(b)
Animal kennel or hospital.
(c)
Retail business.
(d)
Wholesale business.
(e)
Business offices.
(f)
Restaurant (indoor).
(g)
Municipal use.
(h)
Religious use.
(i)
Commercial recreation.
(j)
Golf course.
(k)
Hotel or motel.
(l)
Conference center.
(m)
Medical facilities.
(n)
Uses accessory to items (a) to (m) above.
(o)
Uses accessory to agriculture, horticulture, floriculture or viticulture, provided that such activities are necessary in connection with scientific research or scientific development or related production.
(p)
Public utility.
[Added 6-1-2015 ATM by Art. 62]
(3)
Prohibited uses. All other uses are not permitted in the CI District.
(4)
Intensity of use. Developments within the CI District shall conform with the following area, intensity and dimensional requirements:
(a)
(b)
Minimum yard requirements.
[1]
Front yard: 90 feet.
[2]
Side yard: 15 feet.
[3]
Rear yard: 25 feet.
NOTE: Where the CI District abuts residential zones or existing residential uses, the minimum yard depth shall be 100 feet. At least 75% of side and rear yards shall be landscaped or left in a natural vegetated state. No impervious area other than access driveways from the road shall be located within 90 feet of residential zones or existing residential uses. |
[4]
Notwithstanding the provisions of this Subsection C(4)(b), there shall be no minimum yard requirements for a lot used for public utility purposes as a primary use; provided, however, that all exterior property lines of such lot are not less than 350 feet from the closest exterior property line of any lot with a dwelling on it, or any lot that is zoned residential.
[Added 6-1-2015 ATM by Art. 62]
(c)
Maximum impervious coverage. No more than 70% of a lot (or lots in an integrated development) shall be rendered impervious. The Planning Board may allow an increase to this standard upon reaching a finding that achieving this standard would be too restrictive given the unique circumstances of the applicant.
(d)
Minimum landscaped open space. A recommended standard of 30% of the lot (or lots in an integrated development) shall be landscaped open space. The Planning Board may allow a reduction of this standard upon reaching a finding that achieving this standard would be excessive given the unique circumstances of the applicant. This shall include all landscape plans shall be prepared by a Massachusetts-registered landscape architect. A minimum fifty-foot-deep landscaped buffer strip must be provided adjacent to any road.
(e)
Maximum building height. Maximum building height in the CI District is 50 feet.
D.
General regulations and standards. Developments in the CI District shall comply with all applicable regulations of § 500-29, Sign regulations; § 500-30, Specific standards in commercial and industrial districts, and § 500-31, Parking requirements, unless otherwise specified within this § 500-41.
(1)
Sewerage. All developments in the CI District must be connected to a municipal sewerage system unless the Planning Board, in conjunction with the findings of the Water/Sewer Department and Board of Health, finds that this requirement is excessive given the unique circumstances of the applicant and the proposed wastewater treatment technology is warranted. The primary responsibility for such connection shall be borne by the developer(s).
(2)
Water supply. Potable water of quality and quantity acceptable to the Board of Health and Fire Chief for all proposed uses and fire protection must be provided. Water supply system design should be completed in accordance with the distribution model referenced in the Town's Water Master Plan prepared by Dufresne-Henry in July 1997.
(3)
Drainage. Developments in the CI District must comply with all applicable drainage standards of the Rules and Regulations Governing the Subdivision of Land[1] in Plainville, Massachusetts, subject to the waiver provisions contained therein, as well as DEP Stormwater Management Standards, including the preparation of a stormwater management plan and, prior to construction, a stormwater pollution prevention plan (SWPP).
(4)
Traffic. Developments in the CI District must comply with all applicable traffic standards of the Rules and Regulations Governing the Subdivision of Land in Plainville, including the preparation of a traffic impact assessment.
(5)
Parking lots and loading areas.
(a)
All parking shall be provided and wholly located within the CI District and shall comply with the minimum standards set forth in § 500-31.
(b)
At least 10% of the total number of parking spaces provided shall be a minimum of 10 feet wide and 20 feet long and shall be located within 300 feet of the building to be served. Such spaces shall be in addition to any handicapped parking spaces.
(c)
Aisles in parking lots shall be a minimum of 24 feet wide. Aisles adjacent to or nearest buildings or servicing loading areas shall be at least 30 feet wide.
(d)
Loading areas shall be designed and constructed so as to allow reasonable maneuvering by large vehicles without danger of vehicles overrunning curbs or striking site features. All designs shall be based on the most recent AASHTO vehicle-turning radii/patterns for the largest vehicle that would reasonably be expected to service the facility.
(e)
Landscaping shall, at a minimum, be in accordance with § 500-31F. The Planning Board may require reasonable and proper landscaping in any development that will be harmonious with the nature and extent of the proposed project and its surroundings.
(f)
All loading areas shall be screened from the remainder of the development to the maximum extent practicable.
(g)
All dumpster, compactor or other refuse collection areas, pallet yards or similar features shall be effectively screened by a fence around the perimeter of the area with a lockable gate, or other screening deemed suitable by the Planning Board.
(6)
Hazards. Any areas deemed hazardous by the Board or the Fire Chief shall be protected in a manner reasonably acceptable to the Board, based on the degree of hazard. The ultimate liability for any hazardous area, whether or not addressed by the Board, is the responsibility of the applicant or owner.
(7)
Water resource protection. The outdoor storage of salt, snow-melting chemicals, pesticides, herbicides, water-soluble chemicals, heavy metals, radioactive substances or volatile chemical compounds is prohibited in the CI District. Where applicable, the Wetlands Protection Act and Rivers Protection Act shall prevail.
(8)
Signage. Signage for the CI District shall conform to the applicable regulations of § 500-29A, Flashing or moving parts, and § 500-29B, Illuminated signs. Signs within the CI District shall further conform to the regulations of § 500-29D, Signs in commercial districts, with the following exceptions: More than one sign per building shall be permitted and/or any freestanding signs may exceed height and area regulations and/or directional signs may exceed three square feet in size, subject to approval by the Planning Board.
E.
Administrative procedures.
(1)
Applications. The Planning Board shall develop an application form for applications submitted pursuant to this section and a request form for the presubmission conferences.
(2)
Presubmission conference.
(a)
Prior to filing an application for a special permit for a development in the CI District, the applicant shall request, in writing, a presubmission conference with the Planning Board. The Planning Board shall conduct such a conference within 45 days of its receipt of such a request. Copies of the preliminary site development plan shall be forwarded to boards and officials, including but not limited to: Board of Health, Conservation Commission, Fire Department, Police Department, Board of Selectmen, Industrial Development Commission, Building Inspector, Water and Sewer Department, Town Clerk, Highway Department and Assessor's Department.
(b)
At the presubmission conference, the Planning Board shall discuss the plan with the applicant and shall forward any comments raised by the Planning Board promptly to the applicant. In addition, the Planning Board shall determine at the presubmission conference the scope of the development impact statement (DIS) for the project. Any comments and the DIS scope shall be provided in writing.
(3)
Special permit. Each application for a special permit shall be filed by the applicant with the Town Clerk, and a copy of said application, including the date and time of filing certified by the Town Clerk, shall be filed forthwith by the applicant with the Planning Board. Special permit applications shall include a development impact statement for the proposed project.
(4)
Final as-built plans. An as-built plan or plans showing the project as actually constructed (with respect to buildings, parking areas, utilities, and major site features) shall be submitted to the Planning Board, Board of Water and Sewer Commissioners, Highway Department and Board of Assessors and Fire Department upon completion of the project. As-built plans should be prepared generally in conformance with the as-built plan requirement for subdivisions as prescribed by the Town of Plainville Subdivision Rules and Regulations.[2]
(5)
Project segmentation. All CI District applications shall depict all development contemplated unless the project is to be phased and the applicant's intent to phase the project submitted under this section is clearly and unambiguously represented to the Planning Board. The dividing of projects submitted under this section into segments in order to circumvent provisions of this section is hereby prohibited.
F.
Information requirements.
(1)
Presubmission conference. A preliminary site development plan shall accompany the request for a presubmission conference. The plan shall include, generally, existing topography and site features; the location of all proposed structures; parking and loading areas; access roadways; sanitary facilities; stormwater management facilities; and off-site traffic mitigation measures. The preliminary site development plan or plans shall be accompanied by a brief narrative generally conforming to the format of the environmental notification form (ENF) required under the Massachusetts Environmental Policy Act (301 CMR 11.00). If it is expected that the proposed project will require the preparation of an ENF, a draft copy of the ENF shall be submitted.
(2)
Special permit application. Plans accompanying an application for a special permit in the CI District shall comply with the requirements of § 500-39D. Applicants shall submit 15 copies of a completed application form signed by the applicant or the applicant's authorized representative, 15 sets of plans, six copies of the development impact statement (if required), and six copies of the ENF (if required) to be distributed to and reviewed by the following Town agencies, including but not limited to: Board of Health, Conservation Commission, Fire Department, Police Department, Board of Selectmen, Industrial Development Commission and Building Inspector, Water and Sewer Department, Town Clerk, Highway Department and Assessor's Department.
(3)
Development impact statement (DIS). The DIS shall comply with the scope that is formulated at the presubmission conference. Items that may be addressed by the DIS include, but are not limited to: effects on stormwater runoff flows, erosion and sediment control plans, method of recycling water into the ground, the maintenance and improvement of the flow and quality of surface and subsurface water; the preservation of wildlife habitat, historic sites, unique geological, botanical and archaeological features, physical condition of the site and surrounding area and access to open space areas; public utilities, the local business economy and municipal finances; and the health and safety of the inhabitants of the area. The Planning Board will specify the depth and level of DIS analysis for each proposed development that is commensurate with the magnitude of the project; however, the following sections describe typical information that may be required.
(a)
Physical conditions:
[1]
Description of existing, physical conditions of the site, including topography, location and varieties of vegetation and geologic type, scenic and historical features, open space links, and indigenous wildlife.
[2]
Description of how project will affect above features.
[3]
A complete description of the project including its effect on the surrounding area and watershed.
[4]
Impact of proposed development on air quality, traffic and noise levels.
(b)
Surface water and erosion control:
[1]
Description of location, size and type of existing water bodies, wetlands and floodplains, including existing surface drainage characteristics both within and adjacent to the project.
[2]
Applicant shall submit stormwater management system design calculations and pollutant loading analyses as required by the current Board of Health Regulations and Plainville Subdivision Regulations.[3] Pollutant loadings resulting from the project shall analyze phosphorus, nitrate, BOD and suspended solids in ppm compared with acceptable state standards, to assist in analysis of project's impact on water quality.
[3]
Applicant shall submit copies of the erosion control plans for the project which shall delineate both temporary (construction) and permanent erosion control methods to be used. Construction measures must be planned in accordance with the requirements of the applicable National Pollutant Discharge Elimination System permit requirements for discharges associated with construction activities for all sites with disturbed areas in excess of five acres. For sites with disturbed areas less than five acres and for permanent erosion controls, the plan shall embody the methodologies described in DEP Soil Erosion and Sedimentation Guidelines.
[4]
Describe approximate size and location of land to be cleared at any given time and length of time of exposure, covering of soil stockpiles and other control methods.
[5]
Describe and evaluate the permanent methods to be used to control erosion and sedimentation. Criteria to include in a descriptive analysis are:
[a]
Calculate amount of anticipated soil loss on site due to erosion; use of SCS universal soil loss equation shall be employed.
[b]
Designate any existing or proposed areas subject to flooding.
[c]
Proposed surface drainage system(s).
[d]
Methods to be used to protect existing vegetation.
[e]
The relationship of the development to the topography, including techniques to control runoff.
[f]
Any proposed alterations of shore lines, marshes or seasonal wet areas.
[g]
Any existing or proposed flood control or drainage easements.
[h]
Estimated increase of peak runoff caused by altered surface conditions, and methods to be used to return water to the subsurface.
[i]
Effects on surface water quality.
(c)
Groundwater and soil conditions:
[1]
Where appropriate, the Planning Board may require soil surveys to establish the suitability of the land for proposed storm drainage installations and building foundation stability. In preparing the statement, the applicant shall utilize the Soil Survey Maps and Manual prepared by the Soil Conservation Service, U. S. Department of Agriculture, or industry-recognized in-situ investigative methods.
[2]
Describe any limitations on the proposed project resulting from subsurface soil and water conditions, including methods to overcome limitations.
[3]
Describe approximate depth to bedrock and groundwater table based on reference to surficial geology maps or through test borings.
[4]
Describe procedures and findings of percolation tests conducted on the site.
[5]
Describe any proposed environmental remediation planned for the site resulting from the need to remove EPA- or state-listed hazardous materials present on the site.
(d)
Human environment:
[1]
Provide a tabulation of proposed buildings by use, construction type, minimum lot area (number of bedrooms, floor area), ground coverage, and a summary showing the percentage of the tract to be occupied by buildings and parking and remaining open space.
[2]
Describe type of construction, building materials used, location of common areas, location and type of service facilities (e.g., laundry, trash, garbage disposal).
[3]
Description of location, size and type of active and passive recreational facilities and open space available to residents.
[4]
Describe proximity to transportation facilities, shopping areas and educational centers.
(e)
Services impacts:
[1]
Provide data estimating local roadway network impacts due to projected traffic flow at peak hours, include projected vehicle trip generation, roadway volumes, intersection level of service changes and capacity estimations on connecting streets.
[2]
Determine safety impact the development will have on connecting arterial streets; accident trends and rates are to be calculated.
[3]
Show the location of parking areas, circulation patterns and number of vehicle spaces.
[4]
Determine the effect of the project on the Town water supply and distribution system.
[5]
Determine sewerage impact on capacities of existing Town facilities and the North Attleborough (Ten Mile) Sewage Treatment Plant, including the effect on capacity limits and projected increased charges to the Town based on the intermunicipal sewage agreement between Plainville and North Attleborough.
(f)
Fiscal impact:
[1]
Conduct a cost-revenue fiscal analysis describing the cumulative impact the development shall have on Town financial resources.
[2]
Cost factors include the following: project effect on police and fire protection, highways and public works' service, solid waste and sewerage disposal facilities, educational services, recreational facility impact and health services.
[3]
Revenue factors, including the following: project effect on property taxes, water and sewer fees, vehicular taxes, licenses and fees, and miscellaneous business taxes.
[4]
The fiscal impact studies required herein shall be prepared using a methodology approved by the Planning Board during the presubmission conference. All local factors shall be determined from past municipal budgets, tax assessors' information, and other verifiable public records.
G.
Review procedures.
(1)
Public hearing. Within 65 days of the filing of a complete formal application for a special permit for a development in the CI District, the Planning Board shall hold a public hearing on the proposal. Notice of such public hearing shall be given in accordance with MGL c. 40A, § 11.
(2)
Review criteria. In making a decision on an application for a special permit in the CI District, the Planning Board shall consider the following:
(a)
The purpose of the Commercial Interchange District.
(b)
Health, safety and general welfare of the public.
(c)
Conservation and preservation of the natural environment.
(d)
Impacts on abutting properties and neighborhoods.
(e)
Proper drainage of the site.
(f)
Safe access to and from the development.
(g)
Capacity of the existing traffic network to accommodate projected increases.
(h)
Adequacy of proposed water, sewer, fire protection and public safety provisions.
(i)
Impacts on water resources, including wetlands, streams, water bodies, groundwater and floodplains.
(j)
Visual and aesthetic quality.
(k)
Impacts on municipal services and fiscal capacity.
(3)
Decision on the special permit. The decision of the Planning Board shall be made within 90 days of the date of the public hearing, unless the decision period is extended by written agreement between the applicant and the Planning Board.
§ 500-42 Adult entertainment.
A.
Authority to regulate. This section is enacted pursuant to MGL c. 40A, § 9A and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of certain adult entertainment uses, as defined and designated herein, in response to studies demonstrating their deleterious effects.
B.
Purpose. The purpose of this adult entertainment section of the Town of Plainville Zoning Bylaw is to address and mitigate the secondary effects of adult entertainment establishments. Secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate, adverse impacts on the property values of residential and commercial property and adverse impacts on the quality of life. All of said secondary impacts are adverse to the health, safety and general welfare of the Town of Plainville and its inhabitants. The provisions of this section 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 section to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitutions of the United States or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of this section to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.
C.
D.
Dimensional requirements.
(1)
The distances specified below shall be measured by a straight line from the nearest property line of the premises on which the proposed adult entertainment use is to be located to the nearest boundary line of any of the residential zoning district or to the nearest property line of any of the other uses set forth below:
(a)
Any such proposed use shall be located a minimum of 700 feet from any residential Zoning District as designated by the Town of Plainville zoning bylaws.
(b)
Any such proposed use shall be located a minimum of 700 feet from any public school, public library, day-care facility or religious facility.
(c)
Any such proposed use shall be located a minimum of 700 feet from any public playground, park or recreational area, or youth center.
(2)
Structures associated with the proposed use shall be located a minimum of 150 feet from any street line.
(3)
All adult entertainment uses shall have a maximum floor area of 27,000 square feet and maximum building coverage of 13,500 square feet.
(4)
No more than one structure to be used for adult entertainment shall be located on any one lot.
E.
Expiration. A special permit to conduct an adult entertainment use shall expire after a period of two calendar years from its date or issuance and shall be automatically renewable for successive two-year periods thereafter, provided that a written request for such renewal is made to the special permit granting authority prior to said expiration and that no objection to said renewal is made and sustained by the special permit granting authority.
F.
Severability. The provisions of this section are severable and, in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.
§ 500-42.1 Firearm business uses. [1]
[Added 6-6-2022 ATM by Art. 31[2]]
A.
Purpose: to establish criteria for the establishment of firearm business uses in the Town to address public safety concerns arising from the operations of such businesses and the potential disruption of peace and quiet enjoyment of the community. This section provides for separation between firearm business uses and certain uses enumerated herein to maximize the protection of public health, safety, and welfare in conjunction with the protections from MGL c. 140, § 122-131Y, and other state laws and regulations. To the extent this section or any related section can be read to potentially conflict with MGL c. 140 or other state laws or regulations, the section shall be interpreted to minimize any conflict with state laws or regulations while maximizing the furtherance of the public safety and other public purposes underlying this section.
B. AMMUNITION FIREARM FIREARM ACCESSORY FIREARM BUSINESS(1) (2) SHOOTING RANGE
Definitions.
As defined or amended by state statute or regulations, cartridges or cartridge cases, primers (igniters), bullets, tear gas cartridges, or propellant powder designed for use in any firearm.
Any device designed or modified to be used as a weapon capable of firing a projectile using an explosive charge as a propellant, including but not limited to: guns, pistols, shotguns, rifles.
Any device designed, modified or adapted to be inserted into or affixed onto any firearm to enable, alter or improve the functioning or capabilities of the firearm or to enable the wearing or carrying about one's person of a firearm.
FIREARM DEALERA retail or wholesale operation involving the purchase or sale of firearms, ammunition, and/or firearm accessories.
GUNSMITHAny retail operation involving the repairing, altering, cleaning, polishing, engraving, blueing or performing of any mechanical operation on any firearm.
A specialized facility designed specifically for firearm usage, qualifications, training, practice or competition. Shooting ranges can be operated by military or law enforcement agencies, be privately owned by civilians or sporting clubs, or be operated by a firearm business.
C.
Firearm business uses not allowed as-of-right.
(2)
Firearm business uses are not included within the definitions of retail sales or services, manufacturing, or any other lawful business permitted as of right or by special permit contained in other sections of this Zoning Bylaw. The use of land, buildings or structures for a firearm business use shall be allowed only by special permit in the districts specified in Plainville General Code Chapter 500 Attachment 2, Town of Plainville Use Regulation Schedule (§ 500-19 of the Zoning Bylaw), subject to the requirements and criteria of this § 500-42.1.
(3)
A firearms shooting range shall be allowed only by special permit in the districts specified in Plainville General Code Chapter 500 Attachment 2, Town of Plainville Use Regulation Schedule (§ 500-19 of the Zoning Bylaw), subject to the requirements and criteria of this § 500-42.1. Outdoor shooting ranges are allowed in the IA Zone only, subject to special permit approval. All shooting ranges shall also comply with the location, operational and other requirements set forth for firearm business uses in § 500-42.1.
D.
Location requirements.
(1)
All distances in this section shall be measured in a straight line from the property line of the lot containing the proposed firearm business use to the nearest property line of any of the designated uses set forth herein:
(a)
Firearm business uses shall not be located within a radius of 150 feet from any property containing a residential use.
(b)
Firearm business uses shall not be located within 1,000 feet of any private or public K-12 school.
(c)
Firearm business uses shall not be located within 500 feet of any day-care center, preschool, child-care facility, or an existing firearm business use at another location, whether such firearm business use is located within or without the Town's boundaries.
(2)
No firearm business use shall be located within a building containing a dwelling unit.
E.
Operational requirements.
(1)
Firearm business uses shall obtain and maintain all necessary federal, state and other required local approvals and licenses prior to beginning operations, including, but not limited to, a valid, current state license issued pursuant to MGL c. 140, § 122, as applicable. Required state and federal licenses must be obtained before applying for a special permit. Firearm business uses shall comply with all applicable federal, state and local laws and regulations in the operation of their business.
(2)
The hours of operation for a firearm business use shall not adversely impact nearby uses. The hours of operation shall follow all state statutory and regulatory requirements, but in no case shall any firearm business use be open before 10:00 a.m. or remain open after 5:00 p.m.
(3)
As part of the special permit application, all firearm business uses shall submit a security plan to the Plainville Police Department for review and approval. Review and approval of the security plan may include an inspection of the proposed site by the Police Department. The plan must include, but not be limited to, the following:
(a)
Proposed provisions for security.
(b)
A trained employee shall check identification and compliance with age restrictions prior to customers entering the establishment.
(c)
The physical layout of the interior, including a demonstration that the size of the store is not so excessive so as to create issues with site security and video monitoring.
(d)
After-hours storage of all firearms in locked containers or by otherwise securing the firearms with tamper-resistant mechanical locks.
(e)
The number of employees.
(4)
As part of the special permit application, all firearm business uses shall submit an operations and management plan to the Plainville Police Department for review and approval.
(5)
All firearm business uses shall conduct criminal background checks for all employees in accordance with state law.
(6)
No persons under the age of 18 shall have access into or within a firearms business use, with the sole exception that minors age 14 and older may access a firearms dealer accompanied by the minor's parent or legal guardian.
(7)
Firearms dealers shall videotape the point of sale of all firearms transactions and maintain videos for three years to deter illegal purchases and monitor employees.
F.
Special permit application and procedure. In addition to the procedural, operational and application requirements of §§ 500-20 and 500-42.1E, an application for special permit for a firearm business use shall include, at a minimum, the following information:
(1)
Description of activities: a narrative providing information about the type and scale of all activities that will take place on the proposed site.
(2)
Lighting analysis: a lighting plan showing the location of proposed lights on the building and the lot and a photometric plan showing the lighting levels.
(3)
Context map: a map depicting all properties and land uses within a minimum 1,000-foot radius of the proposed lot. The context map shall include the measured distance to all uses described in § 500-42.1D(1) above, and shall be certified by a design professional such as an architect, engineer or land surveyor if requested by the SPGA.
(4)
Description of ownership, management, and employees. The following information shall be submitted to the SPGA:
(a)
The name and address of the legal owner of the establishment.
(b)
The name and address of all persons having any legal, beneficial, equitable, or security interests in the establishment.
(c)
In the event that a corporation, partnership, trust or other entity is listed, the name and address of every person who is an officer, shareholder, member, manager, or trustee of the entity must be listed.
(d)
The name, address, phone number and email address of the manager(s) and assistant manager(s).
(5)
A comprehensive signage plan.
(6)
A report from Police Department confirming that the applicant has submitted the plans requiring approval by the Department, and that those plans have been approved, along with any additional information requested by the SPGA, or that the Department feels is relevant to the special permit application.
G.
Special permit criteria. In granting a special permit for a firearm business use, in addition to finding that the general criteria for issuance of a special permit are met, the SPGA shall find that the following criteria are met:
(1)
The lot is designed such that it provides convenient, safe and secure access and egress for clients and employees arriving to, and leaving from, the lot.
(2)
The establishment will have adequate and safe storage, security, and lighting.
(3)
Loading, refuse and service areas are designed to be secure and shielded from abutting uses.
(4)
The establishment is designed to minimize any adverse impacts on abutters or pedestrians.
H.
Waivers.
(1)
Waivers from the requirements of this section may be requested in writing to the SPGA. A waiver may be granted by the SPGA if it determines that:
(2)
The SPGA may impose any conditions, safeguards and other limitations on a waiver when it deems it appropriate to protect the public health, public safety or the environment.
I.
Severability. If any portion of this section is ruled invalid, such ruling will not affect the validity of the remainder of the section.