Westminster City Zoning Code
ARTICLE IX
Special Provisions
§ 205-31 Certain uses permitted.
The following uses may be permitted as designated in § 205-22, Table of Use Regulations, provided that they meet the following requirements in addition to any other requirements.
§ 205-32 Motels.
A.
No motel shall be constructed on a lot having less than 200 feet of frontage, nor less than 40,000 square feet of lot area.
B.
On each lot used for motel purposes there shall be provided front, rear and side yards each not less than 50 feet in depth.
C.
A space not less than 20 feet shall be maintained open with grass, bushes, flowers or trees all along each side lot, rear lot and front lot, except for entrance and exit driveways, and such open space shall not be built on, nor paved nor used for parking.
D.
No space within the required front yard depth shall be used for parking, except as a temporary nature such as for registering.
E.
Each motel site shall be provided with not more than two motor vehicle driveways for each abutting street which shall intersect the abutting street or streets at 90°.
F.
Each rental unit shall contain not less then 210 square feet of habitable floor area.
G.
Subject to the Board of Appeals, uses such as, but not limited to, restaurants, convention facilities, health clubs, retail shops and beauty and barber shops are permitted within motels containing 100 or more units.
§ 205-32.1 Short-term rentals.
[Added 5-6-2023 ATM by Art. 26]
A.
Purpose. The purposes of this section are to:
(1)
Provide a process through which certain residential dwelling units and bedrooms within dwelling units may be registered with the Town of Westminster for use as "short-term rentals";
(2)
Provide health and safety standards for short-term rentals; and
(3)
Provide for the orderly operation of short-term rentals within the Town.
B. OPERATOR-ADJACENT SHORT-TERM RENTAL OPERATOR-OCCUPIED SHORT-TERM RENTAL SHORT-TERM RENTAL SHORT-TERM RENTER SHORT-TERM RENTAL OPERATOR
Definitions. As used in this section, the following terms shall have the meanings indicated:
The short-term rental of a dwelling unit that is not the primary residence of the operator, but is located within a dwelling with a total of four or fewer dwelling units where one of the dwelling units in the building is the primary residence of the operator.
The short-term rental of a dwelling unit, or of individual bedrooms within a dwelling unit, that is the primary residence of its operator.
An owner-occupied, tenant-occupied or non-owner-occupied property including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that is not a hotel, motel, lodging house or bed and breakfast establishment that is rented for 31 days or less.
Any person or persons occupying a dwelling unit, or a bedroom within a dwelling unit, as a short-term rental.
The person or persons offering a dwelling unit or bedroom within a dwelling unit, for short-term rental, with the written permission of the owner, condominium association, and homeowners association where applicable.
C.
Requirements. Operator-occupied and operator-adjacent short-term rentals are permitted as an accessory use to a permitted principal residential use, subject to the following requirements:
(1)
No dwelling unit, or bedroom within a dwelling unit, may be used as a short-term rental except in compliance with this bylaw.
(2)
The following dwelling units may not be used as short-term rentals:
(a)
Dwelling units designated as affordable or otherwise income- restricted, which are subject to affordability covenants or are otherwise subject to housing or rental assistance under local, state, or federal programs or law;
(3)
All short-term rental operators shall register with the Health Department prior to short-term rental use and occupancy in conformance with Subsection E below.
(4)
A short-term rental operator may make available no more than one dwelling unit for operator-occupied short-term rentals, which may include the separate short-term rental of each of no more than three individual bedrooms, and one dwelling unit for operator-adjacent short-term rentals, which may be rented only as a whole unit to one party of short-term renters at any one time and may not be rented as separate bedrooms to separate parties.
(5)
A short-term rental shall be limited to parking of one vehicle per lawful bedroom in the short-term rental.
(6)
The short-term rental operator or their agent shall maintain an up-to-date log of all occupants that occupy the short-term rental, which shall contain the occupants' names, ages, principal residence address, and dates of commencement and expiration of each short-term rental period. The log shall be available for inspection by Town officials with authority to regulate use of the dwelling unit, including the Town's Board of Health. The purpose of this requirement is to ensure that the Town shall have basic identifying information of all occupants of the short-term rental at all times.
(7)
The short-term rental operator must be current with all Town taxes, water, and sewage charges on the property being rented.
(8)
Each short-term rental shall comply with 105 CMR 460.100(D).
(9)
All short-term rental operators shall maintain liability insurance appropriate to cover the short-term rental use.
(10)
During any period of seven or more consecutive days when the short term rental operator is away from the dwelling unit, an operator-occupied short-term rental may be rented only as a whole unit and not rented as separate bedrooms to separate parties.
(11)
The number of bedrooms made available for operator-occupied short-term rentals within a dwelling unit shall not be greater than the number of lawful bedrooms in the dwelling unit.
(12)
Renting for an hourly rate, or for rental durations of less than 10 consecutive hours, shall not be permitted.
D.
Regulations. The Board of Health shall have the authority to promulgate regulations to carry out and enforce the provisions of this § 205-32.1, Short-term rentals.
E.
Registration, inspection and fees.
(1)
All dwelling units, or bedrooms within a dwelling unit, offered for short-term rentals shall register with the Health Department and secure a certificate of registration according to standards set forth by the Board of Health, and pay all associated fees. The certificate of registration shall require the short-term rental operator to agree to abide by the requirements of this bylaw.
(2)
It is the responsibility of the short-term rental operator to renew its certificate of registration on an annual basis or upon change of operator or owner.
(3)
Prior to issuing or renewing a certificate of registration, the Health Department and Fire Department shall conduct an inspection to verify that each dwelling unit, or bedroom within a dwelling unit, to be rented to short-term renters meets the requirements of this bylaw.
(4)
Units shall be annually recorded in the Short-Term Rental Registry for a fee set by the Board of Health.
§ 205-33 Apartments and attached dwellings.
[Amended ATM 5-2-2006 by Art. 48; 9-16-2025 STM by Art. 1]
A.
Site plans.
(1)
In considering the granting of a special permit for the construction of apartments and attached dwellings, the Board of Appeals shall take into consideration the needs of the community, the effect of the development upon the neighborhood and the community in terms of traffic, utilities, drainage, municipal facilities and the health and welfare of the inhabitants. If after consideration the Board determines that the development is not in the best interest of the community for any of the aforementioned reasons, the application for said permit shall be denied. For each apartment development, a site plan shall be submitted, in duplicate, and shall comply with the following standards:
(a)
R-I Zoning District:
[1]
Minimum frontage: 400 feet.
[2]
Minimum setback: 50 feet.
[3]
Minimum side and rear yards: 50 feet.
[4]
Minimum lot: five acres.
[5]
Maximum building and parking coverage: 40%, exclusive of recreational buildings and facilities.
[6]
Maximum building coverage: 20%, exclusive of recreational buildings and facilities.
(c)
No parking shall be allowed within 35 feet of any lot line, and parking areas shall be attractively landscaped.
(d)
No building shall be located within 100 feet of any existing single- or two-family dwelling, and adequate landscaping in the form of trees shall be planted between the building and the single- or two-family dwelling.
(2)
One copy of said site plan shall be submitted by the Board of Appeals to the Planning Board for its review and comments. Where action by the Board of Appeals differs from the recommendations of the Planning Board, the reasons for such action by the Board of Appeals shall be put in writing.
B.
Minimum habitable floor space. For each unit constructed or resulting from conversion, the minimum habitable floor space shall be as follows:
C.
A minimum of 25% of the units constructed under this section shall be set aside as deed restricted affordable housing units or affordable rental units in perpetuity as defined by the Department of Housing and Community Development (DHCD).
D.
This section shall not apply to apartments within the Multi-Family Overlay District.
§ 205-34 Accessory dwelling unit.
[Added ATM 5-3-2005 by Art. 48; amended ATM 5-6-2017 by Art. 39; 5-3-2025 ATM by Art. 17]
Accessory dwelling units are allowed by right in accordance with this section.
The definitions set forth in 760 CMR 71.00 et seq., as it may be amended, shall apply to the terms of this section.
A.
Purpose. The purposes of the accessory dwelling unit section are to:
(1)
Provide an opportunity for older homeowners who can no longer physically or financially maintain their single-family home to remain in the homes they might otherwise be forced to leave;
(2)
Make housing units available to moderate-income households who might otherwise have difficulty finding homes within the Town;
(3)
Provide a variety of types of housing to meet the needs of its residents; and
(4)
Protect stability, property values, and the single-family character of a neighborhood.
B.
Performance standards. The Building Commissioner shall issue a building permit and certificate of occupancy for an accessory dwelling unit upon verification that the following standards and criteria are met:
(1)
The accessory dwelling unit will be a complete, separate housekeeping unit that functions as a separate dwelling unit from the principal dwelling.
(2)
Only one accessory dwelling unit shall be created on a lot by right. Any additional unit will require special permit approval by the Planning Board.
(3)
The lot in which the accessory dwelling unit is created must have a determination from the Board of Health that there is adequate septic capacity or that the system may be expanded to provide adequate capacity. No such verification is required if the lot is served by municipal sewer.
(4)
The accessory dwelling unit shall be designed so that the appearance of the building matches that of the principal dwelling, unless the proposed accessory dwelling unit is an existing accessory structure that is being converted.
(5)
At least one off-street parking space shall be provided for each accessory dwelling unit provided that no off-street parking shall be required for an accessory dwelling unit allowed by right if any portion of the lot on which the unit is located is within a half mile of a transit station.
(6)
The construction of the accessory dwelling unit shall be in conformity with the Building Code.
(7)
No accessory dwelling unit may be rented or occupied as a short-term rental as that term is defined in MGL c. 64G, § 1, and this Zoning Bylaw.
(8)
No additional curb cutting shall occur for any accessory dwelling unit.
C.
Severability. If any provision of this § 205-34 is determined to be invalid by a court of competent jurisdiction, the remainder hereof shall not be affected but shall remain in full force and effect. The invalidity of any provision of this section shall not affect the validity of the remainder of these bylaws.
§ 205-35 Adult entertainment facilities and activities.
[Added ATM 5-6-2000 by Art. 30]
A.
Purpose.
(1)
The purpose of these adult entertainment regulations of the Town of Westminster 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 Westminster and its inhabitants.
(2)
The provisions of these regulations 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 these regulations to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that is 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 these regulations to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.
B.
For the purposes of this section, the term "adult entertainment facility" shall mean adult bookstores, adult live entertainment establishments, adult motion-picture theaters, adult mini-motion-picture theaters, adult video store, and adult paraphernalia store.
C.
No special permit for an adult entertainment facility (as listed in the Table of Use Regulations[1]) shall be granted except in accordance with the following conditions and requirements:
(1)
Shall not be located within a radius of 1,400 feet of any type of residential zoning district.
[Amended STM 11-29-2016 by Art. 9]
(2)
Shall not be located within a radius of 1,400 feet of any school, library, or teaching facility, whether public or private, governmental or commercial, which school, library, or teaching facility is attended by persons under 18 years of age.
[Amended STM 11-29-2016 by Art. 9]
(3)
Shall not be located within a radius of 1,400 feet of any church, synagogue, or permanently established place of religious services, which is attended by persons under 18 years of age, or day-care center.
[Amended STM 11-29-2016 by Art. 9]
(4)
Shall not be located within a radius of 2,000 feet of any other adult entertainment facility.
[Amended STM 11-29-2016 by Art. 9]
(5)
Signs. Adult entertainment facilities shall be limited to one sign (freestanding or attached) with a total display area of no more than 10 square feet. The sign shall have no moving parts, shall be illuminated only by a direct, external lighting source, and shall be set back a minimum of 50 feet from all street or property lines.
(6)
Structures associated with the proposed use shall be located a minimum of 150 feet from any street line.
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
D.
Application for a special permit submitted to the special permit granting authority (Westminster Planning Board) must include the following information:
(1)
Name and address of the legal owner of the adult entertainment facility.
(2)
Name and address of all persons having a fee, equity and/or security interest in such facility. In the event a corporation, partnership, trust or other entity is listed, the name and address of every person who has an ownership interest and/or beneficial interest in the entity must be listed in order that the SPGA will know who are the persons who actually own and control the store or theater.
(3)
Name and address of the manager.
(4)
The number of employees, or proposed number of employees, as the case may be. Proposed security precautions, and the physical layout of the premises.
E.
Special permits for adult entertainment facilities shall not be granted to any person convicted of violating the provisions of Massachusetts General Laws Chapter 119, § 63, or Massachusetts General Laws Chapter 272, § 28. All persons listed on the application for a special permit as required in the previous subsection are subject to this prohibition. Special permits for adult entertainment facilities shall only be issued following public hearings held within 65 days after filing of an application with the special permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant. The special permit granting authority shall act within 90 days following the public hearing for which notice has been given by publication or posting as provided in Massachusetts General Laws Chapter 40A, § 11, and by mailing to all parties in interest. Failure by the special permit granting authority to take final action upon an application for a special permit herein within said 90 days following the date of the public hearing shall be deemed to be a grant of the permit applied for. Special permits issued by the special permit granting authority herein shall require an affirmative vote of four members of the five-member Board.
F.
A special permit granted herein shall lapse within one year, including such time to pursue or await the determination of an appeal referred to in Massachusetts General Laws Chapter 40A, § 17, from the grant thereof if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.
G.
Any existing adult entertainment facility shall apply for such special permit within 90 days following the adoption of this section.
H.
If any of the provisions of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of the section, or the application of such other provisions which may be given effect without the invalid provision or application thereof.
§ 205-36 Self-service storage facilities.
[Added ATM 5-6-2000 by Art. 31]
A.
Self-service storage facility buildings shall not exceed one story or 13 feet in height.
B.
Self-service storage facilities shall be limited to personal property use only.
C.
No outside storage shall be allowed.
D.
The storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals shall be prohibited.
E.
The use of the unit for uses other than dead storage shall be prohibited.
F.
Servicing or repair of motor vehicles, boats, trailers, lawnmowers, or any similar equipment shall be prohibited.
§ 205-37 Cluster housing projects.
[Amended STM 10-2-1978 by Art. 5; 10-2-1978 STM by Art. 6; STM 11-1-2000 by Art. 7; ATM 5-3-2005 by Art. 45; ATM 5-1-2010 by Art. 31; STM 11-27-2018 by Art. 9]
A.
Purpose: For the purpose of encouraging the preservation of open space and promoting the more efficient use of land and to protect and promote the health, safety, convenience and general welfare of the inhabitants of the Town, an owner or owners of a tract of land containing five acres or more located in a residential district, or a duly authorized agent thereof, may, pursuant to the requirements of this bylaw and upon the review and approval by the Planning Board of a definitive subdivision plan for such purpose, utilize such property for a cluster housing project.
B.
Applicability: Cluster housing projects shall be allowed by right in all residential zoning districts.
C.
Dimensional standards:
(1)
Every lot shall contain not less than 15,000 square feet, except that a lot abutting common open space may contain not less than 10,000 square feet.
(2)
Every lot shall have a minimum frontage of 50 feet on a way created by the subdivision plan. No lot approved hereunder shall front on an existing public or private way.
(3)
Provision shall be made so that each dwelling shall be set back from the subdivision way on which its lot is located at least to a point where the lot width is a minimum of 100 feet but in no event less than 30 feet; and
(4)
Provisions shall be made so that each dwelling shall have two side yards, each at least 15 feet, and a rear yard of at least 20 feet.
(5)
The number of lots allowed within a cluster housing subdivision shall not exceed the number of lots that could be created through a traditional subdivision plan.
E.
Design standards:
(1)
All land not utilized for lots and roads shall be set aside as open space.
(2)
The open space shall be designed as large contiguous areas whenever possible. Long, thin, narrow strips or narrow areas of open space shall occur only when necessary for access, as vegetated buffers along wetlands or the perimeter of the site, or as connections between open spaces.
(3)
Open space shall be arranged to protect valuable natural and cultural resources such as stream valleys, wetlands and buffers, unfragmented forestland and significant trees, wildlife habitat, open fields, scenic vistas, trails and archeological sites.
(4)
The areas of the site to be developed shall be outside of the floodplain, steep slopes (grades of 25% or more), perennial streams, wetlands and buffer zones.
(5)
The development shall be designed to conform to the existing topography and natural features of the land, and minimize the total amount of disturbance to a site.
F.
In connection with an application for approval of a definitive subdivision plan from the Planning Board under this section, the applicant shall provide the following information:
(1)
A determination of the area of the tract usable for residential construction;
(2)
A general description of the neighborhood in which the tract lies and the effect of the plan on the area;
(3)
The relation of the plan to the long-range plan of the Town;
(4)
The extent to which the plan is designed to take advantage of the natural terrain of the tract.
§ 205-38 Village Center District regulations. [1]
[Added ATM 5-7-2016 by Art. 36]
A.
Purpose. The purpose of the Village Center District is to protect and strengthen the traditional New England character of the Westminster Village Center, encourage sustainable and attractive site design, and promote a diverse and vibrant mix of commercial, residential, institutional, and recreational opportunities in support of the commerce, health, safety, and welfare of Westminster.
B.
Applicability and severability. The regulations within this section shall apply to those lots located completely within the Village Center Zoning District as of the date of the Village Center Bylaw's adoption at Town Meeting (May 7, 2016). The regulations established herein shall be considered controlling wherein they should be found in conflict with other sections of this chapter. The invalidity of any section or provision of this chapter, or its application to any development proposal, shall not invalidate any other section, provision or application of this bylaw.
[Amended 11-19-2019 STM by Art. 16]
C.
Special use regulations in VC District.
(1)
Upper-story residential. Foregoing the limitations established for residential units in other sections of this chapter, this section shall control dimensional and density requirements for upper-story residential units in the Village Center District. In order to encourage increased housing opportunities in Westminster, upper-story residential uses above existing first-floor commercial or institutional units may be created subject to the following limitations:
(a)
Existing buildings. Upper-story residential units may be created in buildings that existed at the time of the adoption of this section (May 7, 2016), provided that the following criteria are met:
[1]
The lot contains at least 7,500 square feet of area.
[2]
The provisions of § 205-30.7 shall not apply to upper-story residential units. The parking requirement shall be one parking space per unit.
[3]
Parking for any commercial uses shall be provided as established under § 205-30.7. Spaces provided may be shared use spaces, provided it can be demonstrated that the combination of uses does not have concurrent peak parking demands.
[4]
Any exterior alterations to provide adequate ingress or egress must be reviewed by the Planning Board as part of site plan review.
[5]
Dwelling units created must contain a minimum of 500 square feet of gross floor area.
(b)
New construction. Upper-story residential units may be provided as part of new construction, provided that the following criteria are met:
[1]
The lot contains at least 15,000 square feet of area.
[2]
The proposed building does not contain more than 25,000 square feet of gross floor area. Dwelling units created must have a minimum of 500 square feet of gross floor area.
(2)
Provisions for multi-use lots. Lots may contain more than one principal use in addition to accessory uses in the Village Center District, provided that all dimensional and parking requirements are met for all uses subject to the following exemptions:
(a)
Shared use parking spaces are allowed to count toward the parking requirement, provided that it can be demonstrated the combination of uses does not have concurrent peak parking demands.
D.
Additional dimensional requirements. The Planning Board may waive any additional setbacks by special permit, provided that relief from such dimensions provides for site design that allows for additional landscaping, lighting, sidewalks, improved pedestrian or vehicular circulation, or other such amenities that provide a public benefit.
Table 205-38-1 | |||
|---|---|---|---|
Dimensional Requirement | Front (feet) | Side (feet) | Rear (feet) |
Maximum building setback1, 2 | 20 | — | — |
Minimum parking setback | 20 | 10 | — |
Minimum landscaped buffer | 5 | 5 | — |
Maximum lot coverage | 80% | ||
Maximum building height for upper-story residential | 35 feet | ||
Notes: | |
|---|---|
1. | Maximum building setback applies only to the principal structure on the lot; additional structures are not subject to this requirement. |
2. | Structures on lots with 50 feet of frontage or less are exempted from this requirement. |
F.
Additional site plan review standards within the Village Center District. The following site plan review standards shall apply within the Village Center District, in addition to the generally applicable standards in § 205-43F. The Planning Board may waive any additional site plan requirements, provided that relief from such standards provides improved site design or other amenities that provide a public benefit.
(1)
Building placement and orientation.
(a)
Buildings and building entrances should be oriented to face Main Street. It is especially desirable for buildings to be oriented toward Main Street instead of parking lots.
(b)
Buildings should be placed on the front of lots near Main Street to gradually realign the buildings in the Village Center District and encourage a cohesive and consistent streetscape.
(2)
Landscaping.
(a)
A five-foot landscaped buffer should be maintained along the front property line between the public sidewalk and buildings to encourage a more hospitable pedestrian experience. The use of shade trees within the landscaped buffer area along the front lot line is highly encouraged.
(b)
Landscaping should consist of a combination of noninvasive plantings that are inclusive of low ground cover plantings, trees, shrubs, flowers, and grasses.
(c)
Landscaping should be designed to be attractive in all seasons.
(d)
Landscaping should be used to help define spaces, entry sequences, and pedestrian areas as well as screen parking facilities, utilities, mechanical equipment, and waste management facilities.
(e)
Landscaping should be maintained so as not to obscure buildings, signage, or handicap accessibility features.
(3)
Pedestrian facilities.
(a)
Sidewalks should be paved with concrete and integrated within site landscaping.
(b)
Pedestrian connections should be constructed between building entrances and parking areas, and should provide connectivity with other pedestrian facilities, such as public sidewalks or walkways on adjacent sites where they exist.
(c)
Existing sites with insufficient pedestrian facilities, such as limited sidewalks or no separation for pedestrian and vehicular circulation, should upgrade those facilities when doing exterior building modifications or other site upgrades.
(4)
Design of parking facilities.
(a)
Parking facilities should be screened from the streetscape with landscaping. The parking facilities serving commercial, institutional, and mixed use lots with more than five contiguous spaces or more than one row of parking spaces should be bordered by landscaped buffers. The landscaped buffers should be maintained in good condition and should utilize plantings that are attractive in all seasons.
(b)
Parking should be located behind or to the side of buildings. Parking should not be located closer to the front lot line than the front facade of the principal structure on the lot.
(c)
Parking lots should be marked with striping and signage as needed to clearly identify expected vehicular circulation patterns, queuing areas, temporary and handicap parking, and other parking limitations.
(5)
Building facades and materials.
(a)
Exterior building materials inclusive of windows, siding, doors, trim, decking, and other typical materials should be selected for their consistency in appearance with the traditional New England architectural vernacular.
(b)
High quality materials should be used on building exterior. Where synthetic materials are used, they should be close in approximation and appearance to traditional materials.
(c)
Sustainable and environmentally friendly building materials should be used whenever possible.
(d)
Materials used on the front facade of a building should be carried around on all sides of the building.
(e)
Windows in commercial structures inclusive of storefront window systems and doors should not be obscured by opaque glass.
(6)
Massing, window fenestration (arrangement, proportioning and design), and doors.
(a)
Buildings should utilize irregular footprints, material transitions, changes in roof slope, varying building heights and massing, and architectural features, such as columns, bays, or other projections. Avoiding monotonous building facades or the appearance of out-of-scale buildings through architectural features is strongly encouraged.
(b)
Buildings on corner lots should be oriented to face both streets and utilize high quality materials on both facades.
(c)
Flat roofs are generally discouraged unless deemed otherwise appropriate by the Planning Board. Where flat roofs are constructed, they should be adorned with a decorative parapet wall or cornice to provide screening for rooftop equipment and maintain a consistent appearance with the traditional New England architectural vernacular.
(d)
Roofs with gables, dormers, cupolas, chimneys, or other design features are encouraged.
(e)
Building facades should have an appropriate and proportionate number of windows and doors. Windows should be selected for their consistency with the style of the building. Where windows are replaced in historic structures, the glazing of the replacement windows should be consistent with that of the original windows.
(7)
Utilities and mechanicals.
(a)
Open storage areas, service areas, loading facilities, and utility buildings should be screened from the view of neighboring properties, the street, and other structures using landscaping, fencing, or other appropriate methods.
(b)
Garbage dumpsters should be enclosed by opaque fencing, which should be kept closed except when being serviced, and landscaping.
(8)
Signs and illumination.
(a)
Signs and banners should be constructed of substantial materials.
(b)
Second-story signage should be discouraged.
(c)
Illumination for signs should be provided by lamps which cast light downward.
(d)
Lighting for signage or parking should not be cast onto neighboring properties. The use of shields and other mechanisms to prevent light pollution and nuisance should be utilized to the extent necessary.
(e)
The installation of pedestrian-scale lamps adjacent to pedestrian areas is encouraged. Lamps should be selected for their consistency with the character of the Village Center and should be sited appropriately to avoid visual clutter. Tall lamp posts should not be used adjacent to buildings, but are acceptable in the interior of large parking areas.
§ 205-39 Wireless communications towers and facilities. [1]
[Added STM 6-18-2001 by Art. 3]
A.
Objectives. This section establishes the Wireless Communications Facilities Overlay District, permits the use of wireless communications facilities within the Town, regulates their impacts, and accommodates their locations and uses in a manner intended to:
(1)
Protect the scenic, historic, environmental and natural or man-made resources of the Town;
(2)
Protect property values;
(3)
Minimize any adverse impacts on the residents of the Town (such as, but not limited to, attractive nuisance, noise and falling objects) with regard to the general safety, welfare and quality of life in the community;
(4)
Provide standards and requirements for regulation, placement, construction, monitoring, design, modification and removal of wireless communications facilities;
(5)
Provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify wireless communications facilities;
(6)
Encourage the use of certain existing structures and towers;
(7)
Minimize the total number and height of towers located within the community;
(8)
Require tower sharing and clustering of wireless communications facilities where they reinforce the other objectives in this section; and
(9)
Comply with the Federal Telecommunications Act of 1996.
B.
Applicability; terminology.
(1)
Applicability.
[Amended STM 11-29-2012 by Art. 12]
(a)
The requirements of this section shall apply to all wireless communications facilities, as well as any material change or proposed change to an existing facility, except where federal or state law or regulations exempt certain users or uses from all or portions of the provisions of this section, and except for public safety providers as set forth in Subsection B(1)(c) below, and is intended to repeal and supersede any section of the Zoning Bylaw which may conflict with the provisions of this section as they apply to wireless communications towers and facilities, as defined herein.
(b)
No wireless communications facility shall be considered exempt from this section by sharing a tower or other structure with such exempt uses.
(c)
Waivers. For wireless communications facilities intended for use by local, regional, state and/or federal public safety providers, the special permit granting authority may waive strict adherence to the requirements of this section (with the exception of the height limitations and required fall zones).
(d)
Exemptions: facilities used by a federally licensed amateur radio operator ("ham radio"), as referred to in MGL, c. 40A, § 3.
(2) ABANDONED TOWER ACT ADEQUATE COVERAGE ANTENNA ANTENNA SUPPORT STRUCTURE AVAILABLE SPACE BASE STATION BUILDING FOR EQUIPMENT SHELTER BUILDING-MOUNTED ANTENNA SUPPORT STRUCTURE CAMOUFLAGED CARRIER CHANNEL COLLOCATION COMMUNICATIONS EQUIPMENT SHELTER COMMUNICATIONS TOWER CONCEALED CONSULTANT DAC DBM dBu DESIGN ADVISORY COMMITTEE EA EMERGENCY POWER ENVIRONMENTAL ASSESSMENT FAA FACILITY SITE FALL ZONE FCC FREQUENCY HERTZ LATTICE TOWERS MODIFICATION OF AN EXISTING FACILITY MONITORING MONOPOLE NEPA PERSONAL WIRELESS SERVICE FACILITY PRE-EXISTING TOWERS AND ANTENNAS RADIO-FREQUENCY RADIATION (RFR) REPEATER RFI RFR SCENIC VIEW SELF-SUPPORTING TOWER SPECIAL PERMIT SPECTRUM STEALTH TOWER STRUCTURALLY ABLE TOWER TOWER HEIGHT TOWN WCFOD WIRELESS COMMUNICATIONS FACILITIES OVERLAY DISTRICT WIRELESS COMMUNICATIONS FACILITY WIRELESS COMMUNICATIONS SERVICE PROVIDER WIRELESS COMMUNICATIONS SERVICES ZBA
Terminology. In addition to the terms defined in § 205-4, Definitions, of this chapter, the following words, which are technical terms applying to wireless communications facilities, shall have the meanings indicated below. Although set forth here for convenience, the terms shall have the same effect as if set forth in § 205-4, Definitions.
A tower not being used for the purpose for which it was permitted for a period of 12 months. Failure to file the annual declaration with the Westminster Select Board shall constitute an abandonment of the tower.
[Amended 11-16-2021 STM by Art. 4]
The Federal Telecommunications Act of 1996.
Coverage is adequate within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is such that the majority of the time transceivers properly installed and operated will be able to communicate with the base station without objectionable noise (or excessive bit-error-rate for digital) and without calls being dropped. In the case of cellular communications in a rural environment, this would be signal strength of at least 90 DBMs. It is acceptable for there to be minor temporary loss of signal within the area of adequate coverage. The outer boundary of the area of adequate coverage is that location past which the signal does not regain uniformly.
A device by which electromagnetic waves are sent or received, whether a dish, rod, mast, pole, set of wires, plate, panel, line, cable or other arrangement serving such purpose.
Any pole, telescoping mast, tower tripod, or any other structure which supports a device used in the transmitting and/or receiving of electromagnetic waves.
The space on a tower or other structure to which antennas of a wireless communications service provider are able to fit structurally and be able to provide adequate coverage.
The primary sending and receiving site in a telecommunications facility network. More than one base station and/or more than one variety of telecommunications provider may be located on a single tower or structure.
An enclosed structure used to contain batteries, electrical equipment, telephone lines, transmitters, etc. used by the carriers on the towers.
Any antenna support structure mounted on, erected on, or supported in whole or part by a building or structure occupied and/or used for purposes other than wireless telecommunications.
A wireless service facility that is placed within an existing or proposed structure disguised, painted, colored, or hidden by a compatible part of an existing or proposed structure, or made to resemble an architectural feature of the building or structure on which it is placed. The term "stealth" is sometimes used as a synonym for "camouflaged."
A company, authorized by the FCC, that provides wireless communications services.
One of the assigned bands of radio frequencies as defined in the Act, licensed to the service provider for wireless service use.
The use of a single mount by more than one carrier and/or several mounts on a building or structure by more than one carrier. Each service on a collocation is a separate wireless service facility.
A structure designed principally to enclose equipment used in connection with wireless communications transmission, and/or reception.
A monopole or self-supporting tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving wireless communications.
A wireless service facility within a building or other structure, which is not visible from outside the structure.
A qualified engineer licensed in the Commonwealth of Massachusetts, selected by the ZBA or DAC at the expense of the applicant to review the application and verify that the new tower is necessary at the proposed site, or any other review required under this section or requested by the ZBA or DAC, as the case may be.
Design Advisory Committee.
A unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one milliwatt.
Unit of measure of the electric field strength of a signal, expressed in an absolute measure for describing service areas and comparing different transmitting facilities independent of the many variables (See "DBM" above.) introduced by different receiver configurations.
The Westminster Planning Board.
See "Environmental Assessment."
Electrical generators usually powered by propane gas or diesel fuel so as to provide uninterrupted service in the case of electrical utility failure, provided that any generators used may not emit more than 35 decibels over the ambient noise level at the property line.
An EA is the document required by the FCC and NEPA when a personal wireless facility is placed in certain designated areas.
Federal Aviation Administration.
A conforming lot or parcel, or any part thereof, which is owned or leased by one or more wireless communications providers and upon which one or more wireless communications facility(s) and required landscaping are located.
The area on the ground within a prescribed radius from the base of a tower, typically the area within which there is a potential hazard from falling debris, or collapsing material.
Federal Communications Commission.
The number of cycles completed each second by an electromagnetic wave, measured in hertz (Hz), megahertz (MHz, one million hertz), or gigahertz (GHz, one billion hertz).
One hertz (Hz) is the frequency of an electric or magnetic field which reverses polarity once each second, or one cycle per second.
A type of mount that is self-supporting with multiple legs and crossbracing of structural steel.
Any material change or proposed change to an existing facility, including but not limited to power input or output, number of antennas, change in antenna type or model, repositioning of antenna(s), removal or replacement of transmission equipment, colocation of new transmission equipment, or change in number of channels per antenna above the maximum number approved under an existing permit or special permit.
[Amended STM 11-29-2012 by Art. 13]
The measurement, by the use of instruments away from the antenna, of the electromagnetic radiation from a site as a whole, or from individual wireless communications facilities, towers, antennas, repeaters or associated power supplies and generators.
A single self-supporting vertical pole with no guy wire anchors, usually consisting of a galvanized or other unpainted metal, or a wooden pole with below grade foundations.
National Environmental Policy Act.
Facility for the provision of personal services, as defined by the Telecommunications Act.
Any tower or antenna, which was lawfully erected before the effective date of this section.
The electromagnetic emissions from wireless service facilities.
A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas which are not able to receive adequate coverage from the primary sending and receiving site in a wireless communications network.
Radio frequency interference.
Radio frequency radiation.
A wide-angle or panoramic field of sight and may include natural and/or man-made structures and activities which may be seen from a stationary viewpoint or as one travels along a roadway, waterway, or path, and may be to an object in the distance, such as a mountain, or an object nearby, such as an historic building or a pond.
A communications tower that is constructed without guy wires.
A permit under this section and § 205-50 of this chapter as granted by the Zoning Board of Appeals (ZBA).
Relating to any transmissions or reception of electromagnetic waves.
A camouflaged tower.
The determination that a tower or structure is capable of carrying the load imposed by the proposed new antenna(s) under all reasonable predictable conditions as determined by professional structural engineering analysis.
A structure or framework, or monopole, that is designed to support wireless communications transmitting, receiving, and/or relaying, antennas and/or equipment. Components of the wireless communications facility used only to attach or support other elements of that facility are excluded, provided such components are relatively less substantial than those other elements and do not materially affect a dimension of that facility.
The vertical distance measured from the base of the tower support structure to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the tower height.
Westminster, Massachusetts, and/or its elected or appointed officials.
Wireless Communications Facilities Overlay District.
All parcels of land shown on the map entitled: "Wireless Communications Facilities Overlay District Map," dated August 2012.[2]
[Amended STM 10-26-2004 by Art. 22; STM 11-29-2012 by Art. 15]
All equipment, buildings, and structures with which a wireless communications service carrier broadcasts and receives the radio-frequency waves which carry their services and all locations of said equipment or any part thereof.
An entity licensed by the Federal Communications Commission (FCC) to provide wireless communication services to individuals, businesses or institutions.
Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services as defined in the Act.
Zoning Board of Appeals.
[2]
Editor's Note: Said map is on file in the Town offices.
C.
Location of facilities.
(1)
Criteria; priority for location of facilities.
(a)
Wireless communications facilities shall be located according to the following priorities:
[1]
Within an existing structure and camouflaged.
[2]
Camouflaged on an existing structure, such as but not limited to an existing electric transmission tower or an existing radio antenna, a water tower, or building, and of a compatible design.
[3]
Collocated with existing wireless communications service facilities.
[4]
If adequately demonstrated to the ZBA in the special permit process that each of the three types of locations is not feasible, erection of a new facility which complies with the other requirements of this section and where visual impact can be minimized and mitigated.
[Amended STM 11-29-2012 by Art. 14]
(b)
Applicants shall demonstrate that they have investigated locations higher in priority ranking than the one for which they are applying and whether sites are available and, if applicable, under what conditions.
(2)
Locations where facilities are permitted by special permit. A wireless communications facility may be installed in the Wireless Communications Facilities Overlay District, all commercial districts, and all industrial districts by a special permit from the ZBA in accordance with this section.
(3)
Locations with nonconforming situations. The ZBA may grant a special permit to modify, reconstruct, or replace a pre-existing tower or facility if it decreases the degree of nonconformity with this section.
D.
Dimensional, screening and other site development requirements.
(1)
Shelters and accessory buildings. Any communications equipment shelter or accessory building shall be designed to be architecturally similar and compatible with the surrounding area. Whenever feasible, a building shall be constructed underground.
(2)
Setbacks. Any new tower shall be set back at least 1 1/2 times the height of the tower plus 10 feet from each lot line of the site on which the tower is located. Any nonconcealed antenna shall be set back at least 1 1/2 times the height of the antenna, as measured from the ground level, from each lot line of the site on which the antenna is located. However, if the antenna is being attached to an existing tower whose setback complies with this section, and if the ZBA determines that the addition of the antenna does not materially alter the basis of that prior approval, then no new, independent, setback requirement shall be created by the addition of the antenna. In commercial and industrial districts, or on publicly owned land, the ZBA may grant a special permit to allow a lesser setback if it makes a finding that such lesser setback provides adequate safety, promotes collocation or improves design, and will not negatively impact the appearance and character of the neighborhood.
(3)
Security; signs. The area around the wireless communications facility shall be completely secure from trespass or vandalism. A sign not larger than one square foot shall be posted adjacent to the entry gate indicating the name of the facility owner(s) and a twenty-four-hour emergency telephone number. Advertising or symbols of any kind on any antenna, tower, fencing, accessory building or communications equipment shelter is prohibited. The tower ladder shall be designed and maintained to prevent unauthorized climbers.
(4)
Lighting. Unless required by the Federal Aviation Administration, no exterior night lighting of towers or the wireless communications facility is permitted except for manually operated emergency lights for use when operating personnel are on-site.
(5)
Other requirements.
(a)
Emergency power. Emergency power shall emit no more than 35 decibels over ambient noise level at all property lines.
(b)
Noise. Noise at the site perimeter from the operation of any machinery or equipment shall be minimized to no more than 35 dB.
(c)
Design. Towers shall be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights when overall permitted height allows. Towers shall be designed structurally, electrically and in all respects to accommodate both the applicant's and additional antennas when overall permitted height allows.
(d)
Distance requirements:
[1]
Distance between towers. Wireless communications facilities shall be a minimum distance of 2 1/2 miles from each other, unless it is determined by a qualified engineer licensed to practice in the Commonwealth of Massachusetts that a closer proximity is needed for "adequate coverage" as defined in this section. Under no circumstances shall any wireless communications facility be within a distance of one mile to another, unless such tower is a stealth tower and the applicant's technology cannot be used on an existing tower as determined by a qualified engineer licensed in the Commonwealth of Massachusetts. The Town may select a consultant, at the applicant's expense, to assist in evaluating the applicant's requests in this regard.
[3]
No wireless communication facility, with the exception of repeaters, shall be located:
[b]
Within 100 feet horizontally of any Massachusetts regulated wetland.
[c]
Within 200 feet horizontally of the Outer Riparian Zone measured horizontally from any river or perennial stream.
[d]
Within 300 feet of any existing permanently occupied residential dwelling (except camouflaged facilities).
[e]
Within a distance equal to the overall height of the stealth or camouflaged facilities to any property line, unless incorporated within an existing building, tower or steeple.
(6)
Dimensional requirements. All wireless communications facilities shall comply with the following requirements:
(a)
Height, general. Regardless of the type of mount, wireless communications facilities shall be no higher than 15 feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a wireless communications facility shall not exceed by more than 15 feet the height limits of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged, such as within a flagpole, steeple, chimney, or similar structure.
(b)
Height, ground-mounted facilities. Ground-mounted wireless communications facilities shall not project higher than 15 feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than 15 feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted wireless communications facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted on site.
(c)
Height, side and roof-mounted facilities. Side and roof-mounted wireless communications facilities shall not project higher than the height of the building, or more than 15 feet above the height limit of the zoning district within which the facility is located, whichever is higher. Wireless communications facilities may locate on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the building height, or the height limit of the zoning district within which the building is located, whichever is higher.
(d)
Height, existing structures. New antennas located on any of the following structures existing on the effective date of this section shall be exempt from the height restrictions of this section, provided that there is no increase in the height of the existing structure as a result of the installation of a wireless communications facility: water towers, guyed towers, lattice towers, fire towers and monopoles.
(e)
Height, existing structures (utility). New antennas located on any of the following existing structures shall be exempt from the height restrictions of this chapter, provided that there is no more than a twenty-foot increase in the height of the existing structure as a result of the installation of a new antenna: electric transmission and distribution towers, telephone poles and similar existing utility structures. This exemption shall not apply in Historic Districts, within 150 feet of the right-of-way of any scenic roadway, or in designated scenic viewsheds.
(f)
Height, wireless communications facilities overlay district. Wireless communications facilities up to 150 feet in height may be permitted by special permit in the Wireless Communications Facilities Overlay District. Monopoles or camouflaged towers are the only type of mount allowed for such taller structures. Such structures shall comply with all setback and other requirements of this section.
E.
Justification of need.
(1)
Coverage area. The applicant shall provide a map of the geographic area in which the proposed facility will provide adequate coverage.
(2)
Adequacy of other facility sites controlled by the applicant. The applicant shall provide written documentation of any facility sites in the Town and in abutting towns or cities in which it has a legal or equitable interest, whether by ownership, leasehold or otherwise. Said documentation shall demonstrate that these facility sites do not already provide, or do not have the potential to provide by site adjustment, adequate coverage.
(3)
Capacity of existing facility sites. The applicant shall provide written documentation that it has examined all facility sites located in the Town and in abutting towns in which the applicant has no legal or equitable interest to determine whether those existing facility sites can be used to provide adequate coverage.
(4)
Adequate coverage through the least disruptive means. The applicant shall provide written documentation that the proposed facility uses the least disruptive technology (through the use of repeaters or other similar technology as may be developed subsequent to adoption of this section) in which it can provide adequate coverage in conjunction with all facility sites listed above.
F.
Application.
(1)
Applicant. Application shall be made to the Zoning Board of Appeals in the same manner as applications for any other special permit. The applicant or co-applicant for any permit for a wireless communications facility must be the wireless communications services provider for the facility being proposed. The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of the filing of the application for the permit. No permits shall be granted for a tower or facility to be built on speculation.
(a)
Applicants for wireless communications towers or facilities shall include the following supplemental information in their filings for special permit approval:
[1]
Location map. The location of the proposed structure on the most recent United States Geological Survey Quadrangle map, showing the area within at least a three-mile radius of the proposed tower site.
[2]
A map or sketch of the property proposed to be developed, professionally drawn to scale and with the area to be developed clearly indicated.
[3]
A report from qualified and licensed professional engineers that:
[a]
Describes the facility height, design, and elevation.
[b]
Documents the height above grade for all proposed mounting positions for antennas to be collocated on a wireless communications tower or facility and the minimum separation distances between antennas.
[c]
Describes the tower's proposed capacity, including the number, height, and types(s) of antennas that the applicant expects the tower to accommodate.
[d]
Documents steps the applicant will take to avoid interference with any established public safety wireless communications, and includes both an intermodulation study that predicts no likely interference problems and certification that the study has been provided to the appropriate public safety agencies. Towers utilized by Westminster public safety channels will not locate conflicting frequencies on the same tower.
[e]
Describes existing and proposed coverage. In the case of new tower proposals, the applicant shall demonstrate that existing wireless communications facility sites and other existing structures within Westminster, in abutting towns, and within a ten-mile radius of the proposed site cannot reasonably be modified to provide adequate coverage and/or adequate capacity to the Town of Westminster.
[f]
Describes potential changes to those existing facilities or sites in their current state that would enable them to provide adequate coverage, and provides a detailed computer generated actual received level propagation model that describes coverage of the existing and proposed facilities.
[g]
Describes the output frequency, number of channels and power output per channel for each proposed antenna.
[h]
Includes a written five-year plan for use of the proposed wireless communications facility, including reasons for seeking capacity in excess of immediate needs if applicable, as well as plans for additional development and coverage within the Town of Westminster.
[i]
Demonstrates the tower's compliance with the municipality's setbacks for towers and support structures.
[j]
Provides proof that at the proposed site the applicants will be in compliance with all FCC regulations, standards, and requirements, and includes a statement that the applicant commits to continue to maintain compliance with all FCC regulations, standards, and requirements regarding both radio frequency interference (RFI) and radio frequency radiation (RFR). The Town of Westminster may hire independent engineers to perform evaluations of compliance with the FCC regulations, standards, and requirements on an annual basis at unannounced times. The Town may allocate to the applicant any reasonable expenses incurred or authorized by it in retaining independent engineers to perform these evaluations.
[4]
Commitment to share space. A letter of intent committing the tower owner and his or her successors to permit shared use of the tower if the additional user agrees to meet reasonable terms and conditions for shared use, including compliance with all applicable FCC regulations, standards and requirements and the provisions of this section.
[5]
Existing structures. For wireless services to be installed on an existing structure, a copy of the applicant's executed contract with the owner of the existing structure must be submitted.
[6]
Environmental assessment. To the extent required by the National Environmental Policy Act (NEPA) and as administered by the FCC, a complete environmental assessment (EA) draft of the final report describing the probable impacts of the proposed facility shall be submitted to the Building Inspector prior to the issuance of a building permit.
[7]
Vicinity map. A topography priority resource map showing the entire vicinity within a one-thousand-foot radius of the tower site, including the wireless communications facility or tower, public and private roads and buildings and structures, water bodies, wetlands, landscape features and historic sites. The map shall show the property lines of the proposed tower site parcel and all easements or rights-of-way needed for access from a public way to the tower.
[8]
Proposed site plans of the entire wireless communications facility, professionally drawn to scale, showing all improvements, including landscaping, utility lines, screening and roads.
[9]
Elevations showing all facades and indicating all exterior materials and color of towers, buildings and associated facilities.
[10]
Where the proposed site is forested, the approximate average height of the existing vegetation within 200 feet of the tower base.
[11]
Construction sequence and estimated time schedule for completion of each phase of the entire project.
[12]
Any additional information requested by the Westminster ZBA.
(b)
Plans shall be drawn at a minimum at the scale of one inch equals 50 feet. The permit application shall be signed under the penalties of perjury.
(2)
Review by the Design Advisory Committee.
(a)
The Town of Westminster's Design Advisory Committee shall review an applicant's site plans and make recommendations to the ZBA for special permits within 35 days of filing with the Town Clerk. The Design Advisory Committee will make comment on whether the site plans show that a proposed wireless communications facility will be appropriate for the site if built according to the plans.
(b)
The DAC may require a consultant to review the application and proposed site at the applicant's expense.
(3)
Approval criteria. A special permit shall be granted under this section only if the ZBA shall find that the project is in harmony with the general purpose and intent of this article and chapter. In addition, the ZBA shall make all applicable findings before granting the special permit, including but not limited to the following:
(a)
That the applicant is not already providing adequate coverage or is unable to maintain adequate coverage without the special permit;
(b)
That the applicant is not able to use existing facility sites either with or without the use of repeaters to provide adequate coverage;
(c)
That the proposed wireless service facility minimizes any adverse impact on historic resources, scenic views, residential property values, natural or man-made resources;
(d)
That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the facilities;
(e)
That the facility shall comply with the appropriate FCC regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place and shall be paid for by the applicant; and
(f)
That the applicant has agreed to rent or lease available space on any tower it controls within Westminster or the contiguous towns, under the terms of a fair-market lease, without discrimination to other wireless service providers;
(g)
That collocation is not possible due to structural or space limitations on existing or approved facilities, interference materially impacting existing or approved facilities, aesthetic considerations, coverage area considerations, or a violation of any federal standard or requirement.
(4)
Conditions. The ZBA may impose such conditions and safeguards as it deems are in the interest of public health, safety, welfare and convenience, and in all cases shall impose the following conditions:[3]
[Amended 11-16-2021 STM by Art. 4]
(a)
By January 15 of each year, the wireless communications service provider shall provide to the Select Board, in care of the Town Administrator, the name of the operator, the names of any tenants on the property where the facility is located, FCC registrations for all wireless communications service providers on the property, the frequencies being used, the poser levels, insurance certificates, evidence that a performance bond remains in place and emergency telephone numbers.
(b)
By January 15 of each year, the wireless communications service provider shall file with the Select Board, in care of the Town Administrator, a certification of structural integrity from a qualified structural engineer, evidence of continuing compliance with the American National Standards Institute and National Council for Radiation protection, FAA and FCC, including compliance with updates and modifications.
[3]
Editor’s Note: The Annual Town Meeting voted 5-1-2010 by Art. 30 to authorize the Select Board to appoint a Town Administrator to replace the position of Town Coordinator. The word “Coordinator” was changed to “Administrator” in this subsection pursuant to said Art. 30.
(5)
Term of permit.
(a)
A special permit shall be valid for a fixed or conditional period of time as determined by the Zoning Board of Appeals. A special permit for any wireless communications facility that exceeds the height provisions of the zoning district or underlying zoning district, as the case may be, shall be valid for a maximum of 15 years. At the end of the approved time period, the facility shall be removed by the carrier, or a new special permit shall be required.
(b)
All wireless communications service providers shall file annually by January 15, with the Select Board, in care of the Town Administrator, a statement regarding the operational aspects of the facility, including, but not limited to the amount of power consumption; power radiation; frequency transmission; the number, location, and orientation of antennas; and types of services provided.[4]
[Amended 11-16-2021 STM by Art. 4]
[4]
Editor’s Note: The Annual Town Meeting voted 5-1-2010 by Art. 30 to authorize the Select Board to appoint a Town Administrator to replace the position of Town Coordinator. The word “Coordinator” was changed to “Administrator” in this subsection pursuant to said Art. 30.
G.
Removal of abandoned antennas and towers.[5]
(1)
A wireless communications service provider shall annually, by January 15, file a declaration with the Westminster , in care of the Town Administrator, certifying the continuing safe operation of any facility installed subject to these regulations. Failure to file a declaration shall be deemed an abandonment of such facility.
[Amended 11-16-2021 STM by Art. 4]
(2)
A wireless communications facility shall also be considered abandoned when it has not been used for the purpose for which it was permitted for a period of 12 months.
(3)
The wireless communications service provider shall obtain and maintain a performance bond in an amount no less than $100,000, or such greater sum as the ZBA may determine, for the removal of each wireless communications facility constructed in the Town of Westminster and for the restoration of the site, in a form approved by the Treasurer and the Town Counsel.
(4)
The wireless communications service provider shall obtain and maintain $3,000,000 in personal injury and property damage liability insurance. The Town of Westminster shall be named an additional insured and the certificate holder shall be the Town Administrator.
(a)
The wireless communications service provider shall have 90 days to remove a tower following the expiration of the special permit, or from the date it is deemed abandoned as set forth herein.
(b)
If such a facility is not so removed, the Town may exercise its rights under the performance bond without further notice.
[5]
Editor’s Note: The Annual Town Meeting voted 5-1-2010 by Art. 30 to authorize the Select Board to appoint a Town Administrator to replace the position of Town Coordinator. The word “Coordinator” was changed to “Administrator” in this subsection pursuant to said Art. 30.
[1]
Editor's Note: Former § 205-39.2, Wireless communications facilities moratorium, added STM 1-8-2001 by Art. 4, prohibited the construction of wireless communications facilities in the Town and the issuance of building permits for such facilities, with certain exceptions, for a period of six months beginning 1-8-2001. Said moratorium has expired.
§ 205-40 Wind energy facilities.
[Added ATM 5-5-2012 by Art. 44]
A.
Purpose. The purpose of this section is to:
(1)
Provide a permitting process for wind energy facilities so they may be utilized in a cost effective, efficient and timely manner to reduce the consumption of utility-supplied electricity;
(2)
Integrate these facilities in the community in a manner that does not disrupt the character of existing neighborhoods and minimizes their impacts on nearby property values and on the scenic, historic, and environmental resources of the Town; and
(3)
Protect health and safety of the community, while allowing wind energy technologies to be utilized for citizens' general welfare.
B.
Applicability.
(1)
This section applies to small wind energy facilities no greater than 750 kilowatts per hour of rated nameplate capacity in total that are proposed to be constructed after the effective date of this section.
(2)
For residential wind energy facilities, this section applies to facilities of no greater than 15 kilowatts per hour of measured capacity in total. With the exception of a net metering agreement between the owner of a residential wind energy facility and a utility company, residential wind facilities shall provide electricity only to the lot they are placed on. Experimental wind turbines shall not be tied into the utility electric grid.
C. A-WEIGHTED SOUND LEVEL (DBA) C-WEIGHTED SOUND LEVEL (DBC) DAYTIME SOUND EXPERIMENTAL WIND FACILITY FALL ZONE HEIGHT HERTZ LOW FREQUENCY SOUND (LFN) MEASURED CAPACITY NIGHT TIME SOUND QUALIFIED INDEPENDENT ACOUSTICAL CONSULTANT RATED NAMEPLATE CAPACITY RESIDENTIAL WIND ENERGY FACILITIES SENSITIVE RECEPTOR SHADOW FLICKER SMALL WIND ENERGY FACILITIES SPECIAL PERMIT SPECIAL PERMIT GRANTING AUTHORITY WIND MONITORING OR METEOROLOGICAL TOWER (MET TOWERS) WIND TURBINE
Definitions.
A measure of overall sound pressure level designed to reflect the response of the human ear, which does not respond equally to all frequencies. It is used to describe sound in a manner representative of the human ear's response. It reduces the effects of the low frequencies with respect to the frequencies centered around 1,000 Hz. The resultant sound level is said to be A-weighted and the units are dBA.
Similar in concept to the A-weighted sound level (dBA), but C-weighting does not de-emphasize the frequencies below 1,000 Hz as A-weighting does. It is used for measurements that must include the contribution of low frequencies in a single number representing the entire frequency spectrum. Sound level meters have a C-weighting network for measuring C-weighted sound levels (dBC) meeting the characteristics and weighting specified in ANSI S1.43-1997 Specifications for Integrating Averaging Sound Level Meters for Type 1 instruments.
The ambient sound level heard during the daytime between the hours of 7:00 a.m. and 7:00 p.m.
A wind turbine and associated equipment that is used for experimental, demonstration, educational and/or research purposes that does not have a rated nameplate and is not connected to the electrical grid. Experimental wind facilities that are not anchored to an existing structure shall be considered temporary structures for the purposes of this bylaw.
An area surrounding the wind turbine into which the turbine and/or turbine components might fall due to inclement weather, poor maintenance, faulty construction methods, or any other condition causing turbine failure that shall remain unobstructed and confined within the property lines of the primary parcel where the turbine is located at, the purpose being that if the turbine should fall or otherwise become damaged, the falling structure will be confined to the primary parcel and will not fall onto dwellings, accessory buildings, and will not intrude onto a neighboring property. The fall zone area shall be the circumference of the area around the turbine equal to the height of the turbine as measured from the bottom of the base of the tower to the tip of the wind turbine blade at its highest point.
The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point, or blade tip height.
Frequency of sound expressed by cycles per second.
Refers to sounds with energy in the lower frequency range of 20 to 200 Jz. LFN is deemed to be excessive when the difference between a C-weighted sound pressure level and an A-weighted sound pressure level is greater than 20 decibels at any measurement point outside or inside a sound sensitive receptor.
The maximum rated output of electric power production equipment. This output is typically measured by mathematical extrapolation of mean wind over voltage multiplied by resistance or test meters connected to the equipment.
The ambient sound level heard during the nighttime between the hours of 7:00 p.m. and 7:00 a.m.
Qualifications for persons conducting baseline and other measurements and reviews related to a small wind energy facility application or for enforcement action against operational wind facilities include demonstration of competence in the specialty of sound testing and full membership in the Institute of Sound Control Engineers.
The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment.
All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, storage, electrical collection and supply equipment, transformers, service and access roads, and one or more wind turbines, which have a measured capacity of 15 kW or less.
Places or structures intended for human habitation, whether occupied or not, public parks, institutional uses (places of public assembly, churches, schools, health care facilities), state and federal wildlife areas, recreation areas used by the public.
A repeating cycle of changing light intensity that occurs when shadows caused by the rotating blades of a wind turbine pass over an object or across a window.
[Added STM 11-29-2012 by Art. 17]
All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, storage, electrical collection and supply equipment, transformers, service and access roads, and one or more wind turbines, which have a rated nameplate capacity of 750 kW or less.
A permit provided by the special permit granting authority for small wind energy facilities.
The special permit granting authority shall be the Planning Board, for the issuance of special permits to construct and operate small wind energy facilities.
A temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.
A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.
D.
General siting standards. Note moved to bylaw from regulations.
(1)
Height.
(a)
Residential wind energy facilities shall be no higher than 35 feet above the current grade of the land to the tip of the wind turbine blade or 10 feet above the building structure which it is mounted to, including the tip of the wind turbine blade.
(b)
Small wind energy facilities shall be no higher than 225 feet above the current grade of the land, as measured from the bottom of the base of the tower to the tip of the wind turbine blade at its highest point.
(c)
The Planning Board may allow for a height up to 300 feet if all of the following conditions are met:
[1]
The applicant demonstrating by substantial evidence that a greater height reflects industry standards for a similar sited wind facility;
[2]
Demonstration that a greater height is necessary for the facility to be technically and financially feasible, to prevent financial hardship to the applicant; and
[3]
The facility satisfies all other criteria for the granting of a special permit and site plan approval.
(2)
Setbacks.
(a)
Small wind facilities shall be set back a distance at least three times the total height of the wind turbine (as measured from the bottom of the base of the tower to the tip of the wind turbine blade at its highest point) from all inhabited structures, overhead utility lines, public roads or rights-of-way and property boundaries, provided that no setback shall be required from a building or buildings which are on the same parcel and which are served by the wind energy facility. The SPGA may reduce the minimum setback distance if written permission is granted by the entity with care and control over the affected asset.
(b)
Residential wind facilities shall be set back a distance equal to the total height of the wind turbine plus 25 feet from all inhabited structures, overhead utility lines, public roads or rights-of-way and property boundaries, provided that no setback shall be required from a building or buildings which are on the same parcel and which are served by the wind energy facility. No wind energy facility shall be erected within the front yard setback restriction of any residentially zoned parcel.
E.
Maintenance and removal. Note: moved to bylaw from regulations.
(1)
Maintenance. The owner shall maintain the wind energy facility conversion system in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and security measures.
(2)
Abandonment or decommissioning. Any wind energy facility conversion system which has reached the end of its useful life or has been abandoned shall be removed. A wind energy facility conversion system shall be considered abandoned when it fails to operate continuously for one year (excluding periods of shutdown for the purpose of flicker control) and the turbine owner has not notified the SPGA of the need to temporarily suspend operation for a period of time lasting past one year.
(3)
Removal plan. The applicant shall submit a detailed plan for the removal of the wind facility and restoration of the site to its preexisting condition upon abandonment or decommissioning. The removal plan shall be prepared by a qualified professional and include a detailed estimate of the anticipated removal and site restoration costs that includes a mechanism to account for inflation. Upon a notice of abandonment issued by the Building Commissioner, the wind energy system owner will have 30 days to provide sufficient evidence that the system has not been abandoned.
F.
Temporary wind monitoring towers (met towers). Wind monitoring or meteorological towers shall be permitted in all zoning districts subject to issuance of a building permit for a temporary structure and shall be limited to 18 months after construction has commenced.
G.
Approved wind turbines. Small wind turbines must be approved under an emerging technology program such as the California Energy Commission, International Electotechnical Commission, or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy.
H.
Special permit criteria for small wind energy facilities.
(1)
Special permits shall be granted by the SPGA only upon its written determination that the proposed use or structure(s) shall not cause substantial detriment to the neighborhood, or the Town, taking into account the characteristics of the site and the proposal in relation to the site. In addition to any specific factors that may be set forth elsewhere in this bylaw and its associated regulations, such determination shall include consideration of each of the following:
(a)
Social, economic, or community needs which are severed by the proposal;
(b)
Traffic flow and safety, including parking and loading;
(c)
Adequacy of utilities and other public services;
(d)
Neighborhood character;
(e)
Impacts on the natural environment; and
(f)
Potential fiscal impact, including impact on Town services, tax base and property values.
(2)
The SPGA's determination for each of the six criteria shall be set forth in the special permit decision as findings of fact.
I.
Expiration and renewal.
(1)
Special permits and/or building permits issued pursuant to this bylaw shall expire if:
(a)
The wind energy system is not installed and functioning within 24 months from the date the permit is issued; or
(b)
The wind energy system is abandoned (failure to continuously operate for one year, excluding periods of shutdown for the purpose of flicker control), and the owner has not notified the SPGA of the need to temporarily suspend operation.
(2)
Special permits for small wind energy facilities shall automatically expire after five years from the date of SPGA approval. Current owners wishing to renew the special permit must seek approval from the SPGA before the use is allowed to continue.
J.
Regulations. The SPGA may periodically adopt or amend rules and regulations for the implementation of this section by majority vote for the purpose of setting forth performance standards for sound levels and shadow flicker, as well as requirements for sureties and insurance for small wind energy facilities.
K.
Severability. The provisions of this bylaw are severable, and the invalidity of any section, subdivision, paragraph, or other part of this bylaw shall not affect the validity or effectiveness of the remainder of the bylaw.
§ 205-40.1 Large-scale solar photovoltaic installations.
[Added STM 11-27-2018 by Art. 12]
A.
Purpose. The purpose of this section is to facilitate the creation of new large-scale solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on environmental, scenic, natural and historic resources, and to provide adequate financial assurance for the eventual decommissioning of such installations.
B.
Applicability. Subject to the requirements below, large-scale ground-mounted solar photovoltaic installations are permitted by special permit in the residential zoning districts (R-I, R-II and R-III) and commercial zoning districts (C-I and C-II) and upon site plan approval from the Planning Board. For this use, the Planning Board shall be the special permit granting authority (SPGA). Large-scale ground-mounted solar photovoltaic installations are not allowed in the Village Center Zoning District (VC). Further, such installations shall not be allowed on:
[Amended 11-19-2019 STM by Art. 18; 11-16-2021 STM by Art. 5]
(1)
Properties that are currently undergoing active remediation for hazardous waste contamination. Formerly contaminated sites that have obtained "permanent solution" status from the Massachusetts Department of Environmental Protection may be considered suitable for ground-mounted large-scale solar installations depending upon the stipulations attached to said status.
(2)
Properties where in order to construct the large-scale ground-mounted solar facility, it will be necessary to disturb an amount of land (either earth removal or placement of fill) that will trigger the need to obtain an earth removal and/or placement of fill permit under the Town's Earth Removal and Placement of Fill Bylaw (Chapter 97, Article III).
Large-scale roof-mounted solar photovoltaic installations are allowed by right in all zoning districts upon site plan approval from the Planning Board, and upon receipt of a report by a qualified structural engineer that documents the roof is capable of supporting the solar array.
Residential-scale solar photovoltaic installations are allowed by right in all zoning districts upon obtaining a building permit from the Building Commissioner.
C.
Special permit criteria: The SPGA must make all of the following findings in order to grant a special permit for a large-scale ground-mounted solar installation:
D.
Reasonable conditions: The SPGA may impose any conditions upon its granting of a special permit deemed necessary to achieve the purpose of this bylaw, such as, but not limited to, the following:
(1)
Greater than minimum setback requirements;
(2)
Modification of exterior appearance;
(3)
Limitation of size or extent of facilities;
(4)
Regulation of traffic and site plan features;
(5)
Screening of premises from view by use of appropriate walls, fencing or buffer strips;
(6)
Limitation of sound levels;
(7)
Additional design and siting modifications where appropriate.
E.
Utility notification. When submitting a site plan to the Planning Board for a large-scale solar installation, the applicant shall submit evidence at the time of the application that the utility company operating the electrical grid where the installation is to be located has been informed of the applicant's intent to construct a solar photovoltaic installation and that approval to connect to the grid has been granted or appropriate application(s) have or will be made to such utilities for interconnection.
F.
Buffers and setbacks.
(1)
Buffer strips. All large-scale ground-mounted installations shall be surrounded by a buffer strip which shall be 100 feet from all abutting properties zoned for residential use. For large-scale ground-mounted solar installations that abut commercial and/or industrial zoning districts, this setback shall be reduced to 50 feet. Buffer strips shall not be disturbed and left in their natural state. The Planning Board may require the applicant to plant additional vegetation within the buffer strips to better screen the use from abutters.
(2)
Setbacks. All large-scale ground-mounted installations (including all panels, inverters, transformers and all other associated equipment) shall be set back a minimum of 50 feet from all lot lines (front, rear and sides). The setbacks shall be measured from the lot lines to the fence enclosing the solar array.
(3)
Lot coverage limitation: Large-scale ground-mounted installations shall not cover more than 50% of the lot on which it is situated. Lot coverage includes the land covered by solar panels and all associated equipment.
G.
Design standards.
(1)
Lighting and security. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as any appurtenant structures, shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Where feasible, any required lighting shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution. Surveillance and security cameras shall be shielded from viewing abutting private property or invading the privacy of any abutting residential property owner.
(2)
Signage. All signs shall comply with the Zoning Bylaw and shall not be used for displaying any advertising except to identify the owner and/or operator of the solar installation and a twenty-four-hour emergency contact telephone number.
(3)
Land clearing. Clearing of natural vegetation shall be limited to what is necessary for construction, operation and maintenance of the installation. Any land disturbance shall be subject to stormwater management criteria and by applicable laws, regulations and bylaws.
(4)
Visual impact. Any large-scale ground-mounted solar photovoltaic installation shall be designed to minimize visual impacts, including preserving natural vegetation to the maximum extent possible, blending in equipment with the surroundings, and adding vegetative buffers to screen abutting residential properties whether developed or not. Siting shall be such that the view of the solar electric generating installation from other areas of Town shall be as minimal as possible. Buffer strips shall surround the proposed project. A screening plan, that assures the facility is shielded to the greatest extent possible from public view, shall be required to be reviewed under the site plan review.
(5)
Access roads. All access roads and interior roads shall be constructed to minimize grading, removal of stone wall or trees, and to minimize impacts to environmental or historic resources.
(6)
Hazardous materials. Hazardous materials that are stored, used or generated on site shall not exceed the amount for a "very small quantity generator of hazardous waste" as defined by the Department of Environmental Protection (DEP) pursuant to 310 CMR 30.000. Any applications of herbicides, or pesticides shall be conducted in accordance with the Massachusetts Department of Agriculture regulations.
H.
Additional site plan requirements. In addition to the provisions set forth above, special permit applicants for large-scale ground-mounted solar projects shall comply with all provisions of the Planning Board's site plan approval regulations, unless specifically waived by the Planning Board.
I.
Discontinuance and removal.
Removal requirements: Any large-scale solar photovoltaic installation, or any substantial part thereof, not used for a period of one continuous year or more without written permission from the SPGA, or that has reached the end of its useful life, shall be considered discontinued, and shall be removed. Upon written request from the Zoning Enforcement Officer addressed to the contact address provided and maintained by the owner or operator as part of the special permit application, the owner or operator shall provide evidence to the Zoning Enforcement Officer demonstrating continued use of the solar facility. Failure to provide such evidence within 30 days of such written request shall be conclusive evidence that the installation has been discontinued. Anyone intending to decommission and/or remove such an installation shall notify the SPGA and Zoning Enforcement Officer by certified mail of the proposed date of discontinued operations and plans for removal.
The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. Removal shall consist of:
(1)
Physical removal of all parts of and appurtenances to the solar photovoltaic installation, including structures, equipment, security barriers and transmission lines from the site.
(2)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(3)
Stabilization or re-vegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(4)
Gravel or ground cover consistent with landscape.
If the owner or operator of the solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section, the Town shall have the right, to the extent it is authorized by law, to enter the property and remove the installation at the expense of the owner of the installation and the owner(s) of the site on which the facility is located.
J.
Financial surety. Proponents seeking to construct and operate a large-scale ground-mounted solar photovoltaic installation shall provide, prior to construction, surety in form and amount satisfactory to the SPGA, which may be an escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the solar array and remediate the landscape. Such surety will not be required for municipally or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal (minus salvage value), prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. The SPGA may require that the amount of surety be increased as required during the life of the installation.
§ 205-41 Medical marijuana treatment center/registered marijuana dispensary (RMD).
[Added ATM 5-4-2013 by Art. 37; amended ATM 5-3-2014 by Art. 35]
A.
Local standards. An RMD shall comply with the locational standards set forth in regulations promulgated by the DPH, 105 CMR 725.110(A)(14).
C.
Necessary permits and approvals. An RMD shall require both a special permit and site plan approval. The Planning Board is the special permit granting authority (SPGA) for such uses. The application and public hearing process for the special permit and site plan approval shall be conducted concurrently by the SPGA. In evaluating a special permit application for an RMD, the SPGA shall not issue a permit unless the SPGA makes a finding that the RMD use is appropriate for the proposed site and that the use will not be unduly detrimental to the health, safety, morals or welfare of the community or neighborhood by reasons of noise, traffic, pollution, noxious gases or wastes, or demand on community services. In its final decision, the SPGA shall stipulate any conditions it deems necessary to ensure that the use will not become unduly detrimental to the Town.
D.
Additional site plan requirements.
E.
Special permit terms. A special permit granted under this section shall expire within two years of the date of permit issuance. Prior to the expiration of the special permit, the applicant may request a renewal of the special permit for an additional two-year period. Said renewal shall not require the applicant to go through the site plan approval process, provided that conditions of the site and RMD have not changed materially from the original application.
F.
Transfer of special permit. The special permit shall have a term limited to the duration of the applicant’s ownership of the premises as an RMD. A special permit may be transferred only with the approval of the SPGA in the form of a modification of the original special permit and with all information required in this section and the Planning Board’s Site Plan Rules and Regulations. No transfer may be approved unless it is also approved by the DPH.
§ 205-41.1 Recreational Marijuana Establishments (RME).
[Amended 11-27-2018 STM by Art. 14; 5-4-2019 ATM by Art. 30]
A.
Purpose. The purpose of this section is to allow state-licensed RMEs to exist in the Town of Westminster in accordance with all applicable state laws and state and local regulations, and allow the Town to impose reasonable safeguards to govern the time, place and manner of RMEs in such a way as to ensure public health, safety, well-being, and reduce undue impacts on the neighborhoods where RMEs are allowed to operate. Therefore, this section may permit RMEs in suitable locations where there is access to regional roadways, where they may be readily monitored by law enforcement for health and public safety purposes, and to minimize adverse impacts on surrounding neighborhoods and the Town as a whole by regulating the siting, design, placement, operation and security of RMEs. This section only applies to RMEs and not industrial hemp. All aspects of industrial hemp are regulated by the Massachusetts Department of Agriculture and are not subject to this section.
B.
Locational standards. RMEs that involve retail sales on the property shall not be sited within a radius of 500 feet of a school, daycare center, or any facility in which children commonly congregate. The 500-foot distance under this section is measured in a straight line from the nearest point of the property line of the facility in question to the nearest point of the property line of the proposed RMD.
C.
Operational standards.
(1)
All RMEs shall operate in full compliance with the regulations promulgated by the Massachusetts Cannabis Control Commission as provided in 935 CMR 500.
(2)
Hours of operation shall be specified within the special permit.
(3)
RMEs shall be operated within an enclosed structure. For the purpose of this section, a greenhouse shall qualify as an enclosed structure. The SPGA may allow outdoor cultivation upon the following conditions:
D.
Prohibitions and limitations.
(1)
RMEs shall be prohibited as an accessory use or home occupation in all zoning districts.
(2)
It shall be unlawful for any person or entity to operate an RME without obtaining a special permit and undergoing site plan approval pursuant to the requirements of this section.
(3)
A separate special permit is required for each individual RME, as well as separate site plan approval.
(4)
No RME shall be operated in a mobile facility, excepting deliveries to off-site RMEs and home deliveries to consumers licensed by the Massachusetts Cannabis Control Commission.
(5)
No RME may be operated in such a manner as to cause or create a public nuisance to abutters or to the surrounding area, or which creates any hazard, including but not limited to fire, explosion, smoke, gas, fumes, 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 abutting properties.
(6)
The issuance of a special permit and site plan approval pursuant to this section shall not create an exception, defense or immunity to any person or entity in regard to any potential criminal liability the person or entity may have for the production, distribution or possession of marijuana.
E.
Necessary permits and approvals.
(1)
RMEs shall require both a special permit and site plan approval. The Planning Board is the special permit granting authority (SPGA) for such uses. The application and public hearing process for the special permit and site plan approval shall be conducted concurrently by the SPGA. In evaluating a special permit application for a RME, the SPGA shall not issue a special permit unless the SPGA makes a finding that the RME use is appropriate for the proposed site and that the use will not be unduly detrimental to the health, safety, morals or welfare of the community or neighborhood by reasons of noise, traffic, pollution, noxious gases or wastes, or demand on community services. In its final decision, the SPGA shall stipulate any conditions it deems necessary to ensure that the use will not become unduly detrimental to the Town.
(2)
Existing medical marijuana establishments (those having obtained a license to operate from the State of Massachusetts) that wish to convert to an RME or add an RME to its existing operation are required to obtain a new special permit and site plan approval from the SPGA, as well as renegotiate its host community agreement with the Town.
G.
Special permit terms. A special permit granted under this section shall expire within two years of the date of permit issuance. Prior to the expiration of the special permit, the applicant may request a renewal of the special permit for an additional two-year period which shall be granted after the SPGA determines that the RME is operating in accordance with the conditions of the original special permit or any approved modification thereof. Said renewal shall not require the applicant to go through the site plan approval process, provided that conditions of the site and RME have not changed materially from the original application.
H.
Transfer of special permit. The special permit shall have a term limited to the duration of the applicant's ownership of or other legal interest in the premises as a RME. A special permit may be transferred only with the approval of the SPGA in the form of a modification of the original special permit and with all information required in this section and the Planning Board's Site Plan Rules and Regulations. No transfer of ownership, except transfer to an affiliated entity, shall be permitted for two years after the date of approval for the special permit unless such transfer is required due to the death or disability of the owner(s). If the special permit holder requests approval of a transfer of ownership, then the holder must submit the following proof to the SPGA:
(1)
That the new owner will operate the RME in accordance with the terms of the special permit and the site plan approval conditions; and
(2)
That all amounts due under the host community agreement have been paid in a timely manner and that all taxes, fines, penalties, fees or other charges due to the Town have also been paid in a timely manner.
I.
Termination. The SPGA may terminate a special permit and/or site plan approval due to violation of any of its conditions of approval. In addition, a special permit and/or site plan approval shall terminate upon:
(1)
Failure of the permit holder to commence operation within two years of the date of permit issuance; or
(2)
Transfer of ownership of the RME without approval of the SPGA. For these purposes, transfer of ownership shall include any reallocation of ownership or change in business structure which results in a change of its designated representatives or responsible individuals; or
(3)
Termination of the host community agreement or failure to pay a host fee or impact fee under the agreement with the Town.
J.
Modification. A special permit or site plan approval for an RME may be modified by the SPGA after a public hearing. No modification is permitted for a change of location. Any change of location shall require a new special permit and site plan approval from the SPGA.
K.
Severability. The provisions of this section are severable. If any provision, paragraph, sentence or clause of this section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of or application of this section.
§ 205-41.2 Retail sales of recreational marijuana.
[Added 5-4-2019 ATM by Art. 32]
A.
Retail sales of recreational marijuana shall be allowed in the Town of Westminster under the same conditions, standards and requirements for recreational marijuana establishments (RMEs) as set forth above in § 205-41.1, with the following limitation:
B.
As defined in MGL Chapter 94G, the number of retail establishments selling recreational marijuana shall be limited to no more than 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 under MGL c. 138, § 15. No special permit may be granted for a retail establishment which will result in violation of this limit.
§ 205-42 Home occupations.
[Added ATM 5-6-2017 by Art. 38]
A.
Purpose and intent.
(1)
Conducting limited business activity from home has become more feasible and more widespread with modern technology and telecommunications. Residents of Westminster should have the ability to conduct reasonable business activities from home that are ancillary to the residential use and that will not be visible to the neighborhood or result in a negative impact.
(2)
The purpose of this section is to set forth reasonable performance standards for home occupations that will ensure that such uses are compatible with surrounding permitted uses, do not adversely affect property values, and do not create any significant adverse impact on the quiet enjoyment of a residential neighborhood by others residing in the vicinity.
B.
Home occupations: types.
(1)
Contractors: home-based: the use of a portion of a dwelling or accessory building thereto by a resident builder, carpenter, painter, plumber, mason, electrician or other artisan or by a resident tree surgeon or landscape gardener for incidental work and storage in connection with their off-premises occupation, provided that there is no external change which alters the residential appearance of the buildings, and further provided there is no exterior storage of goods or materials.
(2)
Home office: the use of a portion of a dwelling or accessory building as an office for a resident physician, dentist, attorney-at-law, architect, engineer or member of other recognized profession similar to the aforementioned, provided that there is no external change which alters the residential appearance of the buildings, and further provided there is no exterior storage.
(3)
Home sales: the use of a portion of a dwelling or accessory building thereto by the residents of the dwelling for an office or for the sale of antiques or like merchandise, provided that there is no exterior storage, that all work or sale of goods is carried on inside a building and further provided there is no external change which alters the residential appearance of the buildings.
(4)
Home personal services: the use of a portion of a dwelling or accessory building thereto by a resident service provider for personal services such as barbershops, beauty shops and like services, provided there are no external changes which alter the residential appearance of the buildings.
C.
Performance standards. All home occupations must register with the Building Commissioner who will verify that the occupation is in compliance with the following performance standards:
(1)
The home occupation shall be conducted within a detached single-family dwelling or in an accessory building on the same property. If within the single-family dwelling, the total area devoted to the home occupation shall not exceed one-third (33%) of the dwelling's gross floor areas.
(2)
The home occupation must be operated by the resident occupant of the dwelling and may not employ more than three full-time equivalent persons on site who are not residents therein.
(3)
There shall be no evidence of the occupation through persistent or excessive sound, or through vibration, smell, or sight discernable at the boundaries of the premises.
(4)
Not more than one commercial vehicle shall be regularly parked outdoors on the premises. Such vehicles shall not weigh more than 15,000 pounds nor have more than two axles.
(5)
Traffic and parking generated by the home occupation shall not be more disruptive to the neighborhood than traffic normally resulting from residential development considering volume, type, hours and other traffic characteristics.
(6)
The portion of any structure utilized for the home occupation shall conform to all applicable fire, building, electrical, plumbing and health codes.
§ 205-43 Site plan review.
[Amended ATM 5-3-2005 by Art. 44[1]]
A.
Purpose. The purpose of site plan approval is to promote public health, safety, and welfare by encouraging the laying out of parking, circulation, and buildings in a safe and convenient manner; to ensure that new developments are designed to protect and enhance the visual and environmental qualities of the Town, and to provide for an adequate review of development plans which may have significant impacts on traffic, drainage, Town services, environmental quality and community character.
B.
Applicability. Site plan approval shall be required for commercial, business, industrial, office, multiple dwelling residential structures, municipal, institutional, utility, fraternal or recreational purposes. No permit for construction, exterior alteration, relocation, occupancy, or change in use of any building shall be given and no existing use shall be extended unless site plan approval has been granted by the Planning Board. Site plan approval shall also be required for the resumption of any use discontinued for more than two years or for the expansion of any existing use. Expansion shall include any increase in floor space of 25% or more within a ten-year period.
C.
D.
Procedures.
(1)
Applications shall be filed by the petitioner with the Planning Board at a regularly scheduled Planning Board meeting. Once the application is deemed complete, the Planning Board will mark the application received and notify the Town Clerk. Applications shall be filed with eight prints of the plans.
(2)
Upon receipt of the site plan application, the Planning Board shall transmit one copy each to the Inspector of Buildings, the , the Police Chief, the Fire Chief, the Conservation Commission, the Director of Public Works and any other department the Planning Board deems appropriate. Such agencies shall, within 25 days of receiving such copy, report to the Planning Board about their concerns and questions. Agencies may recommend conditions or remedial measures to accommodate or to mitigate the expected impacts of the development. Failure of such agency to respond within 25 days shall be construed as nonopposition by that agency. The Planning Board shall not render a decision until it has received all board reports or said 25 days has elapsed.
[Amended 11-16-2021 STM by Art. 4]
(3)
Public meeting. The Planning Board will schedule the review of the site plan at a regularly scheduled Planning Board meeting within 35 days after receipt thereof. A decision regarding the site plan shall be rendered within 30 days after the close of the site plan review. The Planning Board shall notify the applicant, in writing, of its decision. The decision of the Planning Board shall be upon a majority vote of those present. The required time limits for a public meeting and for said action may be extended by written agreement between the applicant and the Planning Board.
(4)
Outside consultants. The Planning Board may hire outside consultants, at the expense of the applicant, to review the plan for conformance with the requirements of the Board.
E.
Plans. Site plans shall be submitted according to the specifications set forth in the Site Plan Rules and Regulations of the Planning Board.
F.
Decision. Site plan approval shall be granted upon determination by the Planning Board that new buildings or other site alterations have been designed in the following manner, after considering the qualities of the specific location, the proposed land use, the proposed building form, grading, egress points, and other aspects of the development.
(1)
The proposal shall comply with the purpose and intent of the Zoning Bylaw and with existing local and regional plans.
(2)
The development shall be integrated into the existing terrain and surrounding landscape and shall be designed to protect abutting properties and community amenities. To the extent possible, building sites shall be designed to minimize the use of wetlands, steep slopes, floodplains, hilltops; minimize obstruction of scenic vistas from publicly accessible locations; preserve unique natural, scenic and historic features; minimize tree, soil and vegetation removal; and maximize open space retention.
(3)
Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in the roof and wall lines, and other architectural techniques. Proposed buildings shall relate harmoniously to each other.
(4)
Adequate measures shall be proposed to prevent pollution of surface and ground water, to minimize erosion and sedimentation, to prevent changes in groundwater levels, to minimize potential for flooding, and to provide for stormwater drainage consistent with the functional equivalent of the Planning Board's Subdivision Rules and Regulations.[2]
(5)
Roadways and circulation systems shall be designed to promote convenience and safety for both pedestrians and vehicles. Access roads by which the proposed development is reached shall be adequate in width, grade and construction to carry, without danger or congestion, the additional traffic that is generated from the development.
(6)
Adequate buffers shall be provided to protect abutting properties from lighting, sight, sound, dust and vibration.
(7)
Adequate facilities shall be provided for water supply and for handling and disposal of waste and other production by-products.
(8)
Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment.
G.
Conditions. The Planning Board may impose reasonable conditions to ensure such conformance, including such conditions, safeguards and limitations on time and use upon the applicant, developer and/or operator(s) of the site as the Planning Board may deem to be necessary to assure harmony with the intent of the Zoning Bylaw, including, but not limited to, the following:
(1)
Requirements that parking areas or other parts of the premises be screened from adjoining properties or from the street by walls, fences, planting or other devices.
(2)
Modification of the location or of the exterior features of any and all structures on the site.
(3)
Limitation on the hours of operation of outdoor lighting.
(4)
Off-site traffic improvements to accommodate traffic generated by the proposed development.
H.
Regulations. The Planning Board may periodically adopt or amend rules and regulations for the implementation of this section by majority vote of the Planning Board.
[1]
Editor's Note: This article also repealed former 205-34, Certain parking lots subject to review, as amended STM 3-15-1989 by Art. 7.