1 General Provisions

1.1 Title

These zoning bylaws shall be known as the Hubbardston Zoning Bylaws (revised 2022).

1.2 Purpose

These zoning bylaws are adopted for the following purposes:

To ensure realization of the general statement of purpose declared in Chapter 40A of the General Laws;

To protect the right of every resident of the Town of Hubbardston to clean air and water; freedom from excessive and unnecessary noise or odor; and to the natural, scenic, historic, and aesthetic qualities of the environment as declared in Article XLIX of the Constitution of the Commonwealth of Massachusetts;

To permit and ensure planned, orderly growth in the Town of Hubbardston;

To provide for compatible development and best use of the Town's land and resources;

To provide adequate housing and services to residents, visitors, and employees in the Town of Hubbardston.

1.3 Authority

These zoning bylaws are adopted by the authority of Massachusetts General Laws, Chapter 40A, Section 5 as most recently amended.

1.4 Construction

These zoning bylaws shall be liberally construed and applied to promote the purposes of Section 1.2. These bylaws are severable, and if any section or provision hereof or the administration thereof is declared invalid by a court of competent jurisdiction, this shall not invalidate any other section or provision or the administration thereof.

1.5 Repealer

These zoning bylaws supersede and repeal all prior zoning bylaws and amended zoning bylaws.

2 Definitions

2.1 Accessory Building or Structure. An accessory building, structure is one which is subordinate or incidental to the main building, structure on a lot. The term "accessory building or structure" when used in connection with a farm shall include all buildings or structures customarily used for farm purposes and without limitations in size. Additional restrictions apply to Accessory Dwelling Units as provided in Section 2.37.

2.2 Accessory Use. A use related, but clearly incidental and subordinate to the permitted principal use of the premises, which can take place within the principal structure or building on a single lot or parcel of land, or in an accessory structure or building, either attached or detached to the principal structure on the lot, including but not limited to a home occupation on a lot containing a single-family dwelling, or a subordinate use on a non-residential lot. The principal use shall not be subordinated by an accessory use, or accessory uses in their aggregate. Additional restrictions apply to Accessory Dwelling Units (see Sections 2.37 and Article 24 of the Zoning Bylaws.)

2.3 Alteration of Building or Structure. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in exterior doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

2.4 Appeal. An administrative review by the Board of Appeals of the action or failure to act of the Planning Board or Building Commissioner as set forth in Article 11.

2.5 Aquifer. A geologic formation that contains sufficient saturated permeable material to yield significant quantities of water to wells.

2.6 Aquifer Favorability Areas. Those areas shown on the Hubbardston, MA Aquifer Map as prepared by Places Associates, 256 Great Road, Littleton, MA 01456, Dated September 2017.¹

¹ Amended October 24, 2017

2.7 Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.

2.8 Building Lot. A lot which meets the permitted use requirements of these zoning bylaws and the requirements of the Subdivision Control Law, Massachusetts General Laws, Chapter 41, Section 81K, et. seq., for construction of a building.

2.9 Community and Environmental Assessment. An assessment of all physical, social, and economic impacts which can be reasonably anticipated from a proposed use and a program for mitigation of significant adverse impact as set forth in Article 8.

2.10 Corner Lot. A corner lot is any lot with continuous frontage on two intersecting streets, including the point of intersection.

2.11 Dwelling Unit. One or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for same, and including room or rooms for living, sleeping, eating and sanitation.

2.12 Home Occupation. An accessory use, as set forth in Section 2.2 above, of a single-family residential structure, involving provision or sale of goods and/or services and the creation of handicrafts and artwork which: 1) is carried on by members of the family residing on the premises plus no more than one nonresident assistant or employee; 2) is clearly incidental and secondary to the primary use of the site for residential purposes and comprises not more than 20% of the residence; 3) has no advertising, other than on unlit sign of not more than three (3) square feet in area, display, external storage, or other indication of a home occupation on the premises; 4) does not involve shipments (in-coming or out-going) by heavy trucks; 5) produces no noise or obnoxious odors, vibrations, glare, fumes or electric interference detectable to normal sensory perception outside the structure; and 6) has sufficient off-street parking spaces available to provide for the parking needs generated.

2.13 [Deleted]I

2.14 Industry. The extraction, developing, manufacturing, assembling, processing, or treatment of raw or processed materials, parts, or assemblies using other than manual power. A light industry is one using quiet motive power and processes which do not generate more noise, odor, smoke, fumes, vibration, glare, electrical or magnetic interference, or hazard of fire, explosion radiation, or pollution of groundwater than could be expected of any of the other permitted uses in that location. A heavy industry is one generating one or more of the above neighborhood impacts.

2.15 Light Manufacturing. The fabrication processing, finishing, assembly, packing, or treatment of articles or merchandise conducted solely within a totally enclosed building and will not be offensive, noxious, detrimental, or dangerous to surrounding areas of the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect.

2.16 Lot. A single area of land defined by metes and bounds, boundary lines, recorded deed, a plan approved under the Subdivision Control Law, Massachusetts General Laws, Chapter 41, Section 81K, et. seq., or a plan endorsed by the Planning Board to the effect that approval under the Subdivision Control Law is not required and which plan is recorded in the Worcester District Registry of Deeds or the Land Court.

2.17 Lot Area. The horizontal area of the lot exclusive of any area in a street or recorded way open to public use.

2.18 Lot Coverage. The percentage of the lot covered by all buildings and structures.

2.19 Lot Frontage. The portion of a lot fronting upon and having access to a street measured continuously along one street line between side lot lines, or in the case of corner lots, between one side lot line and the midpoint of the corner radius, and not to include frontage within utility transmission easements.

2.20 Lot Line. A boundary line separating a lot from another lot or lots or from a street.

2.21 Mobile Homes. A structure, transportable or movable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation, when connected to the required utilities. Is not meant to include manufactured modular homes.

2.22 Multi-Family Residence. A residential use consisting of a building containing two or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor, roof or wall, including the wall of an attached garage, porch or breezeway.

2.23 Non-Conforming Use, Structure or Lot. A use, structure or lot which lawfully existed at the time of adoption of these zoning bylaws, which does not conform to requirements of these zoning bylaws and which may be continued in the circumstances set forth under Section 3.4 of these zoning bylaws.

2.24 Permitted Use. A use which is authorized under these zoning bylaws as a matter of right or by issuance of a special permit or both.

2.25 Principal Use. The primary use to which the premises, i.e., the land, buildings, and other structures on a single lot or parcel of land, are devoted and the main purpose for which the premises exist.

2.26 Setback. The minimum horizontal distance from a lot line to the nearest part of a structure.

2.27 Signs. Any object, device, display or structure, or part thereof, visible to persons not located on the lot where such object etc., is located, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. The area of a sign shall be determined by the outermost rectangular perimeter of any design or device including the sign structure. See Article 17.

2.28 Single-Family Residence. A detached residential building which is designed to be occupied by a single family.

2.29 Street. An accepted Town way, or a way established by or maintained under county, state or federal authority, or a way established by a subdivision plan approved in accordance with the Subdivision Control Law, or a way in existence prior to the adoption of the Subdivision Control Law determined by the Planning Board to have sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.

2.30 Structure. An assembly of materials forming a construction framed of components of structural parts for occupancy or use, including buildings.

2.31 Toxic or Hazardous Materials. Any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential, hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land or waters within the Town of Hubbardston. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and include such products as pesticides, herbicides, solvents and thinners.

2.32 Variance. An extraordinary remedy which may be granted by the Board of Appeals if it finds that owing to circumstances relating to soil conditions; topography; lot size, frontage, or setback requirements, a literal enforcement of these zoning bylaws or a special permit will create a substantial hardship and that granting of a variance will not adversely affect the land use and environmental objectives of these zoning bylaws, as set forth in Article 10.

2.33 Wetlands. Land under any waterbody, swamp, wet meadow or marsh, as defined in Massachusetts General Laws Chapter 131, Section 40, and the regulations promulgated thereunder (310 CMR 10.00).

2.34 Yard. An open space, located between a street right-of way or other lot line and any structure or element thereof other than a fence, wall, uncovered steps, cornices or customary yard accessory.

2.35 Quarrying.² The removal of stone from an open excavation or pit by cutting, blasting, ripping or hammering or any other method other than collection of material found loose in its natural state.

² Amended 10/28/1996

2.36 Earth Removal.³ The removal for sale or commercial processing of any earth materials found loose in its natural state, including but not limited to sand, gravel, clay or rock from surface or subsurface without the aid of drilling and/or blasting.

³ Added: 2/01/2000

2.37 Accessory Dwelling Unit⁴ A group of rooms located within or attached to an owner-occupied single-family residence, or above a garage of a single-family residence, consisting of a kitchen, bathroom, and bedroom(s), which are used as a separate apartment for a limited number of occupants. Occupants may include relatives, dependents and guests of owners; caregivers, nannies and other service providers to owners; or tenants. See Article Accessory Dwelling Units, for terms and conditions applicable to Accessory Dwelling Units.

⁴ Added: 6/23/2003; Amended ____/2021

2.38 [Deleted]

2.39 Commission.⁵ The Cannabis Control Commission established by Section 76 of Chapter 10 of the Massachusetts General Laws.

⁵ Added 6/5/2018

2.40 Marijuana Establishment.⁶ Marijuana Establishment means a Marijuana Cultivator, Craft Marijuana Cooperative, Marijuana Product Manufacturer, Marijuana Retailer, Independent Testing Laboratory, Marijuana Research Facility, Marijuana Transporter, or any other type of licensed marijuana-related business, except a medical marijuana treatment center.

⁶ Added 6/5/2018

3 Zoning Districts

3.1 Types of Districts

For the purpose of this bylaw, the Town of Hubbardston is divided into the following zoning districts:

Residential-Agricultural District

Town Center District

Commercial District

Light Industrial District

These districts are shown on the Town of Hubbardston Zoning Map which is described in Section 3.2.

3.2 Zoning Map

⁷ Amended: ______

The official Zoning Map of the Town of Hubbardston is hereby made a part of these zoning bylaws and shall be on file with the Town Clerk

3.3 District Boundaries

Zoning district boundaries shall be determined by reference to the official Zoning Map maintained by the Planning Board and as follows:

Where boundary lines are shown upon the Zoning Map to be within the sidelines of public or private ways, utility rights or way, rail lines, or water courses, the center line shall be the boundary.

Where boundary lines are shown upon the Zoning Map to follow lot lines (even though the exact location of the boundary or lot lines is not indicated), the lot lines shall be the boundary.

Where the location of a boundary line is disputed or uncertain, the Planning Board shall, upon request, determine a location certain of the boundary line. Any person aggrieved by the Planning Board's determination may appeal to the Board of Appeals in the manner set forth in Article 11 of these bylaws.

Where boundary lines are shown upon the Zoning Map to be parallel to a public or private way, utility right or way, rail line, or water course, the line shall be measured from the center line of said way, etc.

3.4 District Boundaries - Split Lots

Where a district boundary divides any lot existing at the time such district boundary is adopted, the regulations for any district in which the lot has frontage on a street may be extended not more than fifty (50') feet into the other district, however the land within this fifty (50') foot area shall be controlled in a consistent manner by the regulations applicable to only one district.

4 Use Regulation

4.1 Uses Permitted By Right in Residential Districts

Residential Districts are intended to be used primarily for personal residence, agriculture, conservation, recreation and open space maintenance. The following uses are permitted within these districts:

Single-family residence, other than mobile homes.

Two-family residence, other than mobile homes, provided that the minimum lot area requirement is increased over that required for a single-family dwelling by an additional 30,000 square feet for the additional unit and the lot frontage requirement is increased over that which is required for a single family dwelling by an additional fifty (50') feet for the additional unit.

Religious, sectarian or denominational uses.

Conservation or open space area, recreation common or park land.

Agriculture, horticulture, floriculture and viticulture.

Nursery, orchard.

Sale of farm, nursery, or orchard products which have been produced on the premises.

Accessory uses on the same lot such as garages, stables, barns, tool sheds, farm buildings and enclosures, tennis courts, swimming pools.

Cemetery.

Public and Private non-profit educational museums.

Municipal Uses.

Home occupation, as defined in Article 2.

Guest Houses, Bed and Breakfast Establishments.

Educational Uses.

Accessory Dwelling Unit unless on a lot that does not conform to the dimensional regulations contained in Article 5, Section 5.1, whether as part of new construction or as an addition, or to build or add an Accessory Dwelling Unit above a garage that is detached from the single-family house, in which a special permit is required.⁸

⁸ Added: 6/23/2003; Amended 06/07/2022

Solar Photovoltaic Installations,⁹ including Grid-Scale Battery Energy Storage Systems, subject to Articles 20.

⁹ Added: 6/1/2010

Child care center, school-aged child care program, family child care home, or large family child care home, as defined in Massachusetts General Law Chapter 15D Section 1A.

4.2 Uses Permitted By Special Permit in Residential Districts

The following uses are permitted within Residential Districts subject to conditions and limitations contained in an Approved Site Plan (Article 9), Environmental & Community Impact Analysis (Article 8) and Special Permit (Article 7) issued by the Planning Board.¹⁰

¹⁰ Amended: 2/1/2000

Library, health care facility, government building or facility.

Public utility facility but not including generating units, new utility rights-of-way, or oil, gas, or propane storage tanks in excess of 5000 gallons.

Country club, tennis club, golf course.

Multi-Family Residence. Up to four family units may be constructed in areas not within the Aquifer Favorability Protection District (see Article 15) provided that the minimum lot area requirement is increased over that required for a single-family dwelling by an additional 30,000 square feet for each additional unit and the lot frontage requirement is increased over that which is required for a single family dwelling by an additional fifty (50') feet for each additional unit. The structure shall conform to the architectural style and scale of the residential area within which it is proposed.

Radio, Television & Communication Transmission Towers, subject to all requirements of Article 18.¹¹

¹¹ Amended: 6/2/2015

Nursing, Convalescent and Rest Homes.

Additions and/or alterations to existing non-conforming structure or use.¹²,¹³

¹² Amended: 6/21/1993

¹³ Amended: 6/3/2008 (Removed Earth Removal as a Commercial Operation)

Kennel for five (5) or more dogs, which are three months old or over; commercial riding stable.¹⁴

¹⁴ Amended: 2/1/2000

Senior Residential Development.¹⁵

¹⁵ Added: 10/28/2002

Accessory Dwelling Unit on a lot that does not conform to the dimensional regulations contained in Article 5, Section 5.1, whether as part of new construction or as an addition, and to build or add an Accessory Dwelling Unit above a garage that is detached from the single-family house.¹⁶

¹⁶ Added: 6/23/2003; Amended 06/07/2022

Open Space Residential Development.¹⁷

¹⁷ Added: 6/16/2006

Outdoor Marijuana cultivation establishments licensed for Tier 1 (up to 5,000 s.f.) (subject to Article 22).¹⁸

¹⁸ Added 6/5/2018

Outdoor Marijuana cultivation establishments licensed for Tier 2 (between 5001 and 10,000 s.f.) (subject to Article 22).¹⁹

¹⁹ Added 6/5/2018

4.3 Use Permitted By Right in the Town Center District

The Town Center District is intended to be used for traditional Town center residential activities. The following uses are permitted within these districts:

Single-family residence, other than mobile homes.

Religious, sectarian or denominational uses.

Conservation or open space area, recreation common or park land.

Agriculture, horticulture, floriculture and viticulture.

Nursery, orchard.

Sale of farm, nursery, or orchard products which have been produced on the premises.

Accessory uses on the same lot such as garages, stables, barns, tool sheds, farm buildings and enclosures, tennis courts, swimming pools.

Cemetery.

Public and Private non-profit educational museums.

Municipal Uses.

Library, government building or facility.

Guest Houses, Bed and Breakfast Establishments.

Educational Uses.

Home occupation, as defined in Article 2.

²⁰ Added 06/07/2022

Child care center, school-aged child care program, family child care home, or large family child care home, as defined in Massachusetts General Law Chapter 15D Section 1A.

4.3.1 Use Permitted by Special Permit in the Town Center District

²¹ Added: 6/23/2003

The following uses are permitted within the Town Center District subject to conditions and limitations contained in an approved site plan (Article 9) and special permit (Article 7) issued by the Planning Board.

Individual retail store or service establishment, market, delicatessen.

Individual business, professional office.

Outdoor Marijuana cultivation establishments licensed for Tier 1 (up to 5,000 s.f.) by special permit (subject to Article 22).²²

²² Added 6/5/2018

Accessory Dwelling Unit on a lot that does not conform to the dimensional regulations contained in Article 5, Section 5.1 whether as part of new construction or as an addition, and to build or add an Accessory Dwelling Unit above a garage that is detached from the single family house.

Radio, Television & Communication Transmission Towers, subject to all requirements of Article 18 Wireless Communication Facility.¹⁹

4.4 Uses Permitted By Right in Commercial Districts

²³ Added subsections g-r: 2/1/2000

Commercial Districts are intended to be used for residential and commercial activities. The following uses are permitted:

All uses allowed by right under Section 4.1.

Individual retail store or service establishment (not to include new or used automobile sales), market, restaurant (no drive through facilities permitted).²⁴

²⁴ Amended 2/1/2000

Individual Business, professional, or political campaign offices.

School, college, library, funeral home.

Post office, public transportation terminal, library, bank, municipal, government facility.

Commercial greenhouse.

Research laboratory.

Grid-scale Battery Energy Storage Systems

Light manufacturing or processing facility.

Warehouse, storage facility, other than a facility for storage or reprocessing of so called junk vehicles, and other scrapped materials.

Construction business, enclosed heavy vehicle storage provided that storage and repair areas of all vehicle and equipment are screened from general public view by attractive fences or plantings.

Oil, coal, gas, or propane fuel retail distribution business, provided that storage and repair areas of all equipment and vehicles are screened from general public view by attractive fences or plantings.

Country club, tennis club or courts, golf course, amusement/recreation facility, swimming pool, ice skating arena.

Private and commercial stable, subject to such conditions as may be prescribed by the Board of Health.

Hospital, health care facility.

Nursing, convalescent and rest homes.

Day Care Center.

Salesrooms and yards for the sale of farm equipment, contractors’ equipment, provided that storage and repair areas of all equipment are screened from general public view by attractive fences or plantings.

Freight, transportation terminals, transfer terminals, motor and rail; motor truck yards, provided that storage and repair areas of all equipment and vehicles are screened from general public view by attractive fences or plantings.

Above uses in Subsections g-r would be subject to site plan approval under Article 9 of the Hubbardston Zoning Bylaws and subject to an Environmental & Community Impact Analysis.²⁵

²⁵ Added subsections g-r: 2/1/2000

4.5 Uses Permitted by Special Permit in Commercial Districts

The following uses are permitted within Commercial Districts subject to conditions and limitations contained in an approved site plan (Article 9), Environmental & Community Impact Analysis (Article 8), and a special permit (Article 7) issued by the Planning Board.²⁶

²⁶ Amended: 2/1/2000

All uses allowed by Special Permit under Section 4.2.

Shopping center or complex of offices, businesses, or retail establishments not to exceed 50,000 square feet of gross floor area per lot.

Motor vehicle service, repair, washing or fuel business, provided that, except for vehicles under repair, there will not be any exterior storage or placement of vehicles, equipment, discarded parts or tires.

Hotel, motel, inn, campground.

Sales of New or Used Motor Vehicles (Class 1 & 2, as defined by Massachusetts General Laws Chapter 140, only)

Senior Residential Development.²⁷

²⁷ Added: 10/28/2002

All Marijuana Establishments as defined by Massachusetts General Laws 94G are allowed by special permit (subject to Article 22).²⁸

²⁸ Added 6/5/2018

Grid-scale Battery Energy Storage Systems,

4.6 Uses Permitted By Right in Light Industrial Districts

Light Industrial Zoning districts are intended to be used for light industrial and residential purposes. The following uses are permitted:

All uses allowed by right under Section 4.1.

4.7 Uses Permitted By Special Permit in Light Industrial Districts

²⁹ Amended: 6/24/1991 Subsection (f) Commercial Airfield deleted

The following uses are permitted within the District subject to conditions and limitations of an Approved Site Plan (Article 9), Environmental & Community Impact Analysis (Article 8), and Special Permit (Article 7) issued by the Planning Board.³⁰

³⁰ Amended: 2/1/2000

Research laboratory.

Light Manufacturing or processing facility.

Warehouse and storage facility other than a facility for storage or reprocessing of so-called junk vehicles and other scrapped materials.

Construction business, enclosed heavy vehicle storage.

Oil, coal, gas or propane fuel retail distribution business.

4.8 Prohibited Uses

Any use not specifically listed in these zoning bylaws shall be deemed to be prohibited. Uses which are dangerous or detrimental to a neighborhood because of fire or explosive hazard, offensive noise, smoke, vibration, harmful radioactivity, electrical interference, dust, odor, fumes, heat, glare, unsightliness or other objectionable characteristics are prohibited. This includes but is not limited to quarrying.³¹

³¹ Amended: 10/28/1996

4.9 Existing Uses Continued (Grandfathering)

Any structures or uses lawfully existing on the effective date of these zoning bylaws and lawfully existing uses which will become non-conforming uses on the effective date of these bylaws may be continued in accordance with the provisions of General Laws Chapter 40A, Section 6. Structural additions to pre-existing, non-conforming structures, or structure being used by pre-existing non-conforming uses, can be expanded up to 50% greater in size than the size of such structure at the time of the adoption of this bylaw. Any subsequent and substantial alteration, or extension of a non-conforming use must be authorized by special permit issued by the Planning Board which will be granted only if the Board finds that the proposed alteration, reconstruction, or extension will not be substantially more detrimental to the neighborhood than is the existing non-conforming use.

“A non-conforming building or structure may be altered or enlarged provided that such alteration or enlargement conforms to applicable yard, building height and lot coverage requirements, but no non-conforming structure shall be permitted unless there is a finding by the Special Permit Granting Authority that such change, extension, or alteration shall not be substantially more detrimental than the existing non-conforming use to the neighborhood”.³²

³² Amended: 5/17/1994

4.10 Abandonment of a Non-Conforming Use

A non-conforming use which has been abandoned or discontinued for a period of more than two years or has been replaced by a non-conforming use shall lose the protection set forth above in Section 4.9.

4.11 Isolated Lots

Pursuant to Massachusetts General Laws Chapter 40A, Section 6, the requirements of this bylaw relating to area, frontage, width, yard, and depth, any increase in such requirements, shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the requirements contained in these bylaws, or proposed increase hereto, but contained at least 5,000 square feet of area and fifty (50’) feet of frontage.

4.12 Effect of Changes on Permits

Pursuant to Massachusetts General Laws Chapter 40A, Section 6, construction or operations under a building permit shall conform to this bylaw and any subsequent amendments hereto unless the use or construction is commenced within six months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

4.13 Enforcement

The Building Commissioner, as zoning agent, shall be charged with the enforcement of these zoning bylaws. He or she shall, upon reasonable request, determine whether any proposed or existing use is permitted under these zoning bylaws. Any person aggrieved by that determination may appeal to the Board of Appeals pursuant to Article 11.

4.14 Penalty

³³ Replaced: 6/11/2001

Criminal Disposition. Whoever violates any provision of the Hubbardston Zoning Bylaw may be penalized by indictment or complaint brought to Superior Court, Housing Court, or Gardner District Court. Except as otherwise may be provided by law, the maximum penalty imposed for each violation shall be $300.00 (Three Hundred Dollars). Each day on which a violation exists shall be deemed to be a separate offense.

Non-criminal Disposition. In addition to the procedures described in Section 4.14.a. above, the provisions of the Hubbardston Zoning Bylaw maybe also be enforced by the Zoning Enforcement Officer by non-criminal complaint pursuant to the provisions of Massachusetts General Laws Chapter 40, Section 21D. The penalty for each offense shall be $50.00 (Fifty Dollars). Each day on which a violation exists shall be deemed to be a separate offense.

5 Development Regulations

5.1 Table of Dimensional Regulations

The following table describes the minimum Lot Area requirements, minimum Frontage requirements, minimum Front Yard requirements, minimum Rear and Side Yards requirements, Maximum Lot Coverage requirements and Maximum Building Height requirements in each of the zoning districts:

DISTRICT	Lot Area	Frontage	Front Yard	Rear Side Yards	Max Lot Coverage	Max Building Height
Residential-Agricultural	80,000 s.f.	200'	75'	30'	25%	30'
Town Center	80,000 s.f.	200'	75'	30'	25%	30'
Commercial	80,000 s.f.	200'	100'	30'	50%	35'
Light Industrial	100,000 s.f.	300'	250'	75'	50%	50'

5.1.a

If the alignment of existing principal buildings on adjacent lots on each side of a residential lot fronting the same street and in the same zoning district is nearer to the streetline than the required front yard specified for the district, the required front yard for that lot shall be the average depth of such adjacent front yards. This provision also applies to additions or modifications to existing principal buildings.³⁴

³⁴ Amended: 6/11/2001

5.1.b

Estate Lot. Single family lots in Residential/Agricultural, Town Center, and Commercial Districts may be created with 150 feet of frontage on an existing public way providing the lot area is a minimum of 435,600 square feet or ten (10) acres. Such lot shall not be further subdivided. Front yard, rear yard, and side lot setbacks, and Maximum Lot Coverage will remain the same as described for these districts in Section 5.1 Table of Dimensional Regulations.³⁵

³⁵ Amended: 12/12/2006

5.2 Open Space Requirement

Land included within all yard setback requirements shall be maintained as unoccupied natural or in the case of commercial or industrial uses, landscaped space. This restriction does not apply to fences, utility poles, driveways, septic systems, wells, underground utility services, projections allowed to encroach on building lines by the Commonwealth of Massachusetts State Building Code and certain signs authorized in Article 17. Accessory Buildings and Structures must meet front, rear and side yard requirements.

5.3 On-Site Parking Requirements a.

General.

Parking and loading shall be provided in accordance with this Section for any building or use hereafter erected, enlarged or increased. Parking and loading space shall be maintained and shall not be encroached upon so long as said principal building or use remains, unless an equivalent number of such spaces is provided elsewhere in conformance with this bylaw.

The parking spaces required shall be located on the same lot as the principal use or on a lot adjacent to the lot on which the principal use is located. The required parking for any two or more uses or structures may be provided by the allocation of the total of the various spaces required for each use or structure in a common parking facility, cooperatively established and operated.

If the Building Commissioner is unable to identify a use with one or more of the uses in the above schedule, the required number of parking spaces shall be determined, if a site plan review is required, by the Planning Board. If a site plan review is not required, the Building Commissioner shall make a determination of the number of spaces that will be reasonably required to be provided by such use for on-site parking.

These off-street parking requirements shall not apply to single or two family dwellings.

An off-street parking space as used herein shall be a space nine (9') feet in width and twenty (20') feet in length.

Number of Spaces.

Off-street parking spaces shall be provided for all new uses or buildings hereafter constructed, reconstructed, or enlarged in accordance with the following schedule (page 15) of requirements, unless otherwise provided for by the Town.

Number of Loading Spaces.

Every hospital, institution, hotel, retail store, office building, wholesale house, warehouse, or industrial building, or additions thereto to which or from which outside deliveries of materials or dispatches of materials are to be made by motor transport, and totaling 8,000 sq. ft. or more in floor area, hereafter constructed, reconstructed, or enlarged shall have on the lot one permanently maintained loading space and one additional loading space for each additional 16,000 sq. ft. of gross floor area or major portion thereof, excluding basements.

Design Requirements.

The general layout and traffic circulation of parking and loading areas shall be designed so as to avoid unsafe conditions and traffic congestion in the street upon which the area has access and to provide for the safety and adequacy of access for vehicles and pedestrians using the area.

Parking areas and spaces are to be designed to permit safe access and exit of vehicles. Parking areas are to be designed to prevent vehicles from backing onto driveways or streets.

Any enclosed loading space shall be located at least thirty (30') ft. from any street line and any open loading space shall be so designed that trucks when loading or unloading will not project over any street line.

Individual parking and loading spaces, maneuvering areas, entrances and exits shall be suitably identified with lines and arrows, as deemed necessary by the Building Commissioner.

No access drive, aisle or maneuvering area shall have a turning radius of less than twenty (20') ft.

Where vehicles will be located adjacent to sidewalks, fences, walls, required buffer strips, trees, landscaping, or similar constructions, a suitable bumper or curb shall be provided in such a location that the vehicle cannot overhang or otherwise damage said obstruction.

Off-street parking and loading areas shall be surfaced with an asphaltic, bituminous, cement, or other properly bound pavement so as to provide a durable and dustless surface, and shall be so graded and drained as to dispose of all surface water accumulation within the area. The use of so-called porous paving and properly maintained leaching catchbasins is encouraged, especially in the Aquifer Protection District. The surface shall be delineated so that the parking spaces are apparent.

Any lighting used to illuminate any off-street parking or loading area shall be shielded and so arranged as to reflect the light away from adjoining premises and public rights-of-way.

Provision shall be made for at least one shade tree for every ten (10) parking spaces required and shall be planted adjacent to every tenth parking space whenever possible to ensure even distribution. Trees shall be planted in landscape areas with a minimum size of six feet by six feet (6' x 6'). Planting shall be done in accordance with proper landscaping practices. Trees which have died or become diseased shall be replaced. Minimum trunk size shall be two inch (2") diameter at the time of planting, measured four feet (4') above ground level.

10.

All parking areas with more than five (5) spaces and all loading areas shall be bordered on all sides with a ten (10') ft. wide buffer strip on which shall be located and maintained appropriate landscaping of suitable type, density and height to effectively screen the parking area.

11.

Access drives shall be arranged for the free flow of vehicles at all times; and all maneuvering spaces and aisles shall be so designed that all vehicles must exit from and enter into a public street by being driven in a forward direction.

12.

All portions of all parking spaces and maneuvering aisles shall be set back a minimum of five (5') ft. from any wall of a building.

13.

Each required off-street parking space shall be designed so that any motor vehicle may proceed to and from said space without requiring the moving of any other vehicle or by passing over any other parking space.

14.

Parking areas for more than ten (10) vehicles and associated driveways are to be constructed to the standards for construction as set forth in the Hubbardston Subdivision Rules and Regulations. Drainage design and construction shall include interconnected catch basins with oil and grease traps.

15.

Parking areas are not to be constructed within minimum front yard, rear yard, or side yard setback areas.

Access Drives.

No driveway or access road, to or from any property, shall be so located at its juncture with a street as to create a danger or menace to the community or to the convenience or proper use of the adjoining property.

No driveway shall provide access to a lot located in another Zoning District, if said lot is used for any use, principal or accessory, not permitted in the district in which such driveway is located. The driveway or access road to a lot shall be through its frontage.³⁶

³⁶ Amended: 12/1/2003

No driveway shall be located closer than twenty-five (25') ft. to any street intersection measured along the street lines. In any non-residential district, no two driveways on the same lot shall be located closer than seventy-five (75') ft. to each other at their closest limits.

No lot having less than 200 ft. of street frontage shall have more than two (2) driveway entrances and/or exits on each street abutting the lot. Lots with more than 200 ft. of street frontages may have up to one driveway entrance and/or exit for each 200 ft. of additional street frontage.

HUBBARDSTON PARKING SCHEDULE

USE	SPACES REQUIRED
1. Multi-Family Dwellings	2 spaces per unit 1 space per dwelling unit for units designed for, and occupied by, the elderly under government subsidized programs
2. Places of assembly including but not limited to churches, auditoriums, theaters, and stadiums	1 space for each four (4) persons, capacity based on design capacity
3. Food and beverage establishments, clubs (public and private), fraternal organizations and lodges	1 space for each seventy-five (75) sq. ft. of gross floor area but not less than three (3) spaces per separate enterprise
4. Hotels, motels, and boarding, lodging, and rooming houses	1 space for each rooming unit, plus required parking for facilities used for eating, drinking, assembly and other such uses
5. Automotive services including but limited to gas stations, auto dealers, auto accessories, auto repair, overhaul shops and car wash	1 space for each 500 sq. ft. of gross floor area; or three (3) spaces per bay, lift or equivalent, whichever is greater. An attendant operated or self-service car wash shall have at least five (5) waiting positions for each bay between the street line and such by for cars approaching and at least two (2) waiting positions for cars leaving said bays
6. Appliance, carpet, furniture, electrical, heating, and plumbing retail sales	1.5 space for each 1,000 sq. ft. of gross leaseable floor area but not less than five (5) spaces per separate enterprise
7. Other retail sales and service establishments	3 spaces for each 1,000 sq. ft. of gross leaseable area but not less than five (5) spaces per separate enterprise
8. General business and professional and financial institutions	2.5 spaces for each 1,000 sq. ft. of gross floor area, but not less than five (5) spaces per separate enterprise. A drive-in bank window shall have at least five (5) waiting positions between the street line and said window for cars approaching and at least one (1) waiting position for cars leaving said window
9. General hospital, convalescent, nursing or rest home	1 space per three (3) patient beds
10. Manufacturing and industrial establishments	1 space for each 500 sq. ft. of gross floor area
11. Wholesale and distribution, businesses, warehousing and storage businesses, truck terminals, and other enclosed non-industrial storage uses	1 space for each 1,000 sq. ft. of gross floor area or one (1) space each for each one and one half employees on the maximum work shift, whichever is less

5.4 Private Dumps and Commercial Landfills

Dumping, abandonment, or disposal of vehicles, equipment, appliances, demolition material, or any other waste matter is prohibited in all districts.

5.5 Building and Occupancy Permits

A building or structure cannot be built or altered and cannot be occupied until the Building Commissioner has issued building and occupancy permits which certify compliance with all requirements of these zoning bylaws. If the Building Commissioner declines to issue or revokes a permit under this section, the Commissioner shall issue a written statement of reasons for decision. Any person aggrieved by an action or decision of the Building Commissioner under this section may appeal to the Board of Appeals.

5.6 One Building Per Lot

Not more than one principal building shall be erected on a lot unless each such building is served by access determined by the Building Commissioner, after consultation with the Planning Board, to be functionally equivalent to that required under the Rules and Regulations Governing the Subdivision of Land in Hubbardston. In addition, not more than one structure, other than an accessory structure, shall be erected on a single lot unless such lot has sufficient area, frontage and other dimensional requirements, and all such structures shall be located, so as to allow the lot to be divided with each structure conforming to all current dimensional requirements.

5.7 Corner Vision

No sign, opaque fence, hedge or similar obstruction shall be permitted to block vision at eye level between streets within thirty (30') feet from their intersection.

5.8 Wetland Limitation from Minimum Lot Requirement

Not more than 40,000 sq. ft. of the area of a lot required to meet the minimum square footage requirements set forth in Section 5.1 shall be wetland defined in The Wetlands Protection Act (Chapter 131 Section 40 of the Massachusetts General Laws) and those regulations promulgated thereto and the Hubbardston Wetlands Protection Bylaw. Determination of wetland, for the purposes of this provision, shall be made by the Building Commissioner, after consultation with the Conservation Commission.

5.9 Swimming Pool Access

All outdoor swimming pools having a capacity of 400 gallons or more shall be completely surrounded at all times by a fence or wall not less than four (4') feet in height above grade. The pool wall itself may serve as a fence. All gates or doors opening through such enclosure shall be of not less than four (4') feet in height and shall be equipped with a self-closing and a self-latching device located at least four (4') feet above the underlying ground and inaccessible from the outside to small children. Every such gate or door shall be kept locked at all times when the swimming pool is not in use, and any ladders shall be removed.³⁷

³⁷ Amended: 11/17/1992

7 Special Permits

7.1 Purpose

This Article sets forth the process for submission and review of special permit applications before the Planning Board. The purpose of a special permit is to assure that a proposed use will be conducted in a manner that is consistent with the land use objectives of the Town of Hubbardston. None of the uses allowed by special permit under these bylaws may be authorized by the Planning Board unless the use:

Shall not have vehicular and pedestrian traffic of a type and quantity so as to cause significant adverse effect to the neighborhood;

Shall not have a number of residents, employees, customers, or visitors so as to cause significant adverse effect to the neighborhood;

Shall not have a greater lot coverage than allowed in the zoning district in which the premises are located;

Shall not be dangerous to the immediate neighborhood or the premises through fire, explosion, emission of wastes, or other causes;

Shall not create such noise, vibration, dust, heat, smoke, fumes, odor, glare, adverse visual effects, or other nuisance or serious hazard so as to adversely effect the immediate neighborhood;

Shall not cause degradation of the environment.

7.2 Application for Special Permit

An applicant for a special permit shall submit three (3) copies of Application Form 1, a fee set by the Planning Board, and six (6) copies of a written description of the proposed use.

The description of the proposed use shall include the following information:

A summary description of the proposed use, its location, purpose, and zoning district.

A citation to sections of these zoning bylaws which apply to the special permit.

A list of all state, federal, and local permits, licenses, and authorizations which are required for development, use, operation, and maintenance of the proposed use.

A list of all abutters in accordance with Chapter 40A, Section 11 of the Massachusetts General Laws.

7.3 Review by Other Agencies

The Planning Board may transmit the description of the proposed use to other Town agencies for review and comment within twenty (20) days from transmittal.

7.4 Public Hearing

The Planning Board shall hold a public hearing in conformance with the requirements of Massachusetts General Laws Chapter 40A.

7.5 Decision and Enforcement

The Planning Board may approve, modify, or reject the application within ninety (90) days following the date of the public hearing for a special permit, unless by written agreement between the applicant and the Planning Board, such time limit is extended. The Planning Board shall issue a written statement of reasons for its decision. A decision to approve or modify the application shall require an affirmative vote of four (4) members.

The Planning Board's decision will be based upon a determination that the proposed use as approved or modified will have an acceptable environmental impact, will be consistent with the land use objectives of the town, will comply with these zoning bylaws and, in particular, Section 1.2, and will comply with bylaws or regulations of the Town and applicable laws and regulations of the Commonwealth. A decision to grant a special permit may impose appropriate conditions and limitation.

A special permit shall lapse within two (2) years of the grant, which shall not include such time required to pursue or await the determination of an appeal. Failure to comply with a special permit during development, operation, or use will result in a penalty of three hundred ($300.00) dollars for each day of continuing violation, revocation of the permit, or judicial enforcement, pursuant to Massachusetts General Laws Chapter 40A, Section 8.

7.6 Associate Member

There shall be one Associate Member, recommended by the Planning Board and appointed by the Selectboard. The associate member shall sit on the Board for purposes of acting on special permit applications in the case of absence, inability to act, or conflict of interest on the part of any member of the Planning Board or in the event of a vacancy on the Board.³⁹

³⁹ Amended: 12/3/2001

8 Environmental and Community Impact Analysis

8.1 Applicability

⁴⁰ Amended: 2/1/2000

Any application for a special permit to be allowed to conduct a use listed in Section 4.5(b-f),⁴¹ Section 4.2 (a,b,c,d,f,g),⁴² 4.4 (g-r),⁴³ or Section 4.7(a-e) of either a Commercial or Municipal operation which occupies more than 5,000 square feet, and any use listed in Article 15 shall be required to submit, as part of the special permit application submission, an Environmental and Community Impact Analysis. The Environmental and Community Impact Analysis shall clearly and methodically assess the relationship of the proposed use and/or development to the natural and man-made environment of Hubbardston. This report shall be prepared by an interdisciplinary team of professionals qualified, experienced, and, where applicable, licensed, in their fields.

⁴¹ Amended: 10/28/2002

⁴² Amended: 6/3/2008

⁴³ Amended: 2/1/2000

8.2 Purpose

It is intended that the report be a guide to the Planning Board in its deliberations and will build into the board's decision-making process an appropriate and careful consideration of the environmental and community impacts of the proposed use and/or development.

8.3 Analysis

For each of the components of the Environmental and Community Impact Analysis listed under paragraph 4 below, each of the following concerns must be separately addressed:

The Environmental and Community Impacts of the Proposed use and/or Development - All primary and secondary environmental and community impacts, both beneficial and adverse, anticipated as a result of the proposed use and/or development. This section shall include all impacts resulting from the construction phase as well as those resulting from the project's completion.

Adverse impacts which cannot be avoided should the proposed use and/or development be implemented - The report shall describe the kinds and magnitudes of adverse impacts which cannot be reduced in severity or which can be reduced in severity, but not eliminated.

Alternatives to the proposed use and/or development - The report shall develop, describe, and objectively weigh alternatives to the proposed use and/or development which are allowed by the Zoning Bylaw.

Measures to be used to minimize adverse environmental and community impacts - Corrective and protective measures which will be taken, as part of the project, to minimize adverse impacts shall be described in detail.

8.4 Scope

The Environmental and Community Impact Analysis shall evaluate all of the following topics:

Natural Environment.

Air and Noise Pollution - The impact of local air quality and noise from the proposed development (including traffic generated from the development), both during and after construction, shall be evaluated. The Planning Board may require detailed technical reports of such impacts.

ii.

Water Pollution - The impact of storm water run-off on adjacent and downstream surface water bodies and sub-surface ground water shall be evaluated. Dangers of flooding as a result of increased downstream runoff, especially peak runoff. The impact of the proposed project on water table levels shall also be analyzed.

iii.

Land - Compatibility of the proposed development with existing soils; the impact of any soils or other materials to be removed from the site; and the potential dangers and impacts of erosion and sedimentation caused by the proposed development.

iv.

Plants & Wildlife - The impact that the proposed project may have on wildlife habitat and on any rare or endangered plant or animal species known to exist in the area.

Water Supply - The average and peak daily demand and the impact of such demands on groundwater aquifers.

vi.

Sewage Disposal - The average and peak daily disposal and the impact of such disposal on groundwater aquifers.

Man-Made Environment.

Existing Neighborhood Land Use - Compatibility with adjacent or nearby existing land uses, or approved private development plans, if known, for adjacent or nearby land use changes to occur during the life of the proposed development. If not compatible, reasons therefor shall be detailed. Consultation with the Planning Board is strongly recommended.

ii.

Zoning - Compatibility of proposed development with the purposes of the Zoning Bylaw and the Zoning District.

iii.

Architecture - The style of architecture of the buildings shall be described; its relation to prevailing types of architecture for similar buildings; and its compatibility with the function of the building and to the architecture of adjacent buildings. Sketches, photos, elevations and renderings are encouraged to illustrate architectural appropriateness as well as innovation.

Public Service.

Schools - The expected impact on the school system both elementary and secondary levels, the number of students; projected school bus routing changes and projections of future school building needs resulting from the proposed project.

ii.

Police - The expected impact on police services, time and manpower needed to protect the proposed development and service improvements necessitated by the proposed development.

iii.

Fire - Expected fire protection needs; on-site firefighting capabilities; on-site alarm or other warning devices; fire-flow water needs, source and delivery system and other needs shall be presented. Fire department service improvements necessitated as a result of the proposed project shall also be discussed.

iv.

Recreation - On-site recreation provisions shall be detailed and off-site recreation demands shall be estimated. Provision for public open space, either dedicated to the Town or available to its residents shall be described. Open space available primarily or exclusively for residents or employees shall also be described.

Solid Waste Disposal - Analysis of the projected volume and type of solid waste to be generated by the proposed development and methods of removal.

vi.

Traffic - The expected impact of traffic generated by the proposed development on area roadways. Discussion shall include existing average and peak traffic volumes and composition, projected average and peak traffic generation and composition, intersection impacts and analysis of area roadway and intersection capacities. Methodologies used to make projection shall be described in detail.

vii.

Highway - Projected need, responsibility and costs to the Town of roadway maintenance shall be analyzed. Impacts of construction equipment on area roadways shall also be discussed.

Aesthetics.

Lighting - The type, design, location, function and intensity of all exterior lighting facilities shall be described. Attention given to safety, privacy, security, and daytime and nighttime appearance shall be detailed.

ii.

Landscaping - Provisions for landscaping shall be described including type, location and function of all plantings and materials.

iii.

Visual - Attention given to views into the site and from the site shall be described. Included shall be long-distance views as well as views to and from adjacent properties.

Planning.

Analyze the compatibility of the proposed development and its alternatives with the goals and objectives of the most recent Growth Management Master Plan and the most recent Open Space Plan.

Cost/Benefit Analysis.

This municipal benefit/cost analysis should follow standard and usual procedures for measuring both the benefits to be derived and costs to be incurred by the Town of Hubbardston as a result of the proposed development. This element should also estimate net benefits or costs of non-quantifiable environmental impacts.

9 Site Plan Approval

9.1 Application and Purpose

This article sets forth the process of submission and review of any site plan required to be approved by the Planning Board. The purpose of site plan review is to assure that development proposals are consistent with the environmental and siting objectives of the Town of Hubbardston. The site plan provides the basic information necessary for reasoned review by citizens and agencies of the Town. Site plan review is applicable when required under Article 4 of these bylaws (subsections 4.2, 4.3.1, 4.5, 4.7) and Articles 13, 15,⁴⁶ and 20.⁴⁷

9.2 Site Plan Submission

Applications and plans shall be filed by the petitioner in accordance with Planning Board Rules & Regulations for Site Plan Approval, subject to Section 9.11 herein.

9.3 Review by Other Agencies

The Planning Board shall transmit the site plan and environmental assessment to the Board of Health, Highway Department, Police Department, Fire Department and Conservation Commission for review and comment. These agencies may submit recommendations to the Planning Board within twenty (20) days from transmittal.

9.4 Public Hearing

The Planning Board shall hold a public hearing on the proposed site plan within sixty-five (65) days from the date of submission, unless by written agreement between the applicant and the Planning Board, such time limit is extended. Legal notice of the hearing shall be given by the Planning Board to the applicant, abutters, and to the Planning Boards of the towns abutting the Town of Hubbardston. Legal notice shall be posted in the Town Hall. Legal notice shall be published once in each of two successive weeks in a local newspaper; the first notice is to be published not less than fourteen (14) days prior to the hearing. The Public Hearing on the site plan may be held simultaneously with the Public Hearing on the Special Permit.

9.5 Site Plan Decision and Enforcement

The Planning Board may approve, modify, or reject the application within ninety (90) days following the date of the Public Hearing, unless by written agreement between the applicant and the Planning Board, such time limit is extended. The Planning Board shall issue a written statement of reasons for its decision.⁵¹ A decision to approve or modify the site plan shall require an affirmative vote of four (4) members.

The Planning Board's decision shall be based upon a determination that the development shown on the site plan, as approved or modified, will have an acceptable level of community or environmental impact, will be consistent with the land use objectives of the town, will comply with the purpose of these zoning bylaws as stated in Section 1.2, and will comply with these zoning bylaws, Rules and Regulations of the Town of Hubbardston and applicable laws and regulations of the Commonwealth of Massachusetts.

9.6 Associate Member

The Associate Member of the Planning Board shall sit on the Board for purposes of acting on site plan reviews and applications in the case of absence, inability to act, or conflict of interest on the part of any member of the Planning Board or the event of a vacancy on the Board.⁵³

9.7 Appeal of a Decision

An appeal of the Planning Board’s decision or failure to act on those uses allowed by special permit under this Zoning Bylaw may be made in accordance with MGL Ch. 40A s. 17. A party aggrieved by a site plan review decision issued for a use allowed by right may only be appealed upon the issuance or denial of a building permit.

9.8 Amendment

In its decision, the Planning Board may reserve the power to amend the terms and conditions of a decision on application of the owner, lessee, or mortgagee. All provisions of this Section 9 shall apply to any modification or amendment.

9.9 Conditions

The Planning Board may impose conditions, safeguards, and limitations on time or use to assure that the proposed structure or use will be in harmony with the purposes and intent of this Bylaw.

9.10 Recording

Upon approval of an application, the recipient shall comply with the provisions of G.L. c. 40A, § 11, and record the decision with the Worcester County Registry of Deeds. Proof of recording shall be required of the recipient of a decision prior to the issuance of any building permit or the beginning of construction.

9.11 Regulations

The Planning Board may periodically adopt or amend rules and regulations for the implementation of this Section 9, by majority vote of the board.

Amended: 6/3/2008

Amended: 2/1/2000

Amended: 9/29/2025

10 Variances

10.1 Purpose

The Board of Appeals shall have the power to grant, as an extraordinary remedy with respect to particular land or structures, a variance from the terms of these zoning bylaws where the Board finds that:

Owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the zoning bylaw would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and

desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the land use and environmental objectives of these zoning bylaws.

A zoning variance may not be granted for a use which is not permitted as a right, or by special permit, in the zoning district in which the land or structure in question lies.

10.2 Application to Board of Appeals

An applicant for a variance shall submit Application Form 1, a fee determined by the Board, and a written description of the proposed use.

The description of the proposed use shall include the following information:

A summary description of the proposed use, its purpose, location, and zoning district.

A citation to sections of these zoning bylaws which apply to the variance.

A list of all state, federal, and local permits, licenses, and authorizations which are required for development, use, operation, and maintenance of the proposed use.

A true copy of all site plans, special permit applications and decisions of other Town agencies which involve the proposed use.

10.3 Public Hearing

The Board of Appeals shall hold a public hearing in conformance with the requirements of Massachusetts General Laws Chapter 40A.

10.4 Decision and Enforcement

The Board of Appeals may approve, modify, or reject the application within one hundred (100) days from the date of application for a variance, unless by written agreement between the applicant and the Board, such time limit is extended. The Board shall issue a written statement of reasons for its decision. A decision to approve or modify the application shall require an affirmative vote of four (4) members of the Board. The Board's decision will be based upon a determination that the proposed use as approved or modified satisfies the purpose of Section 10.1.

If the rights authorized by a variance are not exercised within one year of the date of the grant of such variance, such rights shall lapse. Failure to comply with a variance during development, operation, or use will result in a penalty of three hundred ($300.00) dollars for each day of continuing violation and/or revocation of the variance.

11 Appeals

11.1 Purpose

An appeal to the Zoning Board of Appeals may be taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action in accordance with Chapter 40A, Section 8 of the Massachusetts General Laws. An appeal must be filed within thirty (30) days from the date of the order or decision which is being appealed.

11.2 Application to the Board of Appeals

An appellant shall submit three (3) copies of Application Form 1 and six (6) copies of a written statement of appeal to the Town Clerk. The Clerk shall retain one (1) copy of the Application Form and Statement of Appeal. The Clerk shall forward one (1) copy of the application Form and Statement of Appeal to the officer or agency from which the appeal has been taken. The Clerk shall file the remaining copies with the Board of Appeals.

The Statement of Appeal shall include the following information:

(a)

A summary statement of grievance.

(b)

A citation to sections of these zoning bylaws and other laws and regulations which apply to the appeal.

(c)

A true copy of any decision which is being appealed.

11.3 Public Hearing

The Board of Appeals shall hold a public hearing in conformance with the requirements of Massachusetts General Laws Chapter 40A. In addition to all other notice requirements, notice shall be given to the officer or agency from which the appeal has been taken.

11.4 Decision

The Board of Appeals shall issue a decision on appeal within one hundred (100) days from the date of application for appeal. The Board shall issue a written statement of facts and reasons for its decision. Any person aggrieved by the decision of the Board may seek judicial review pursuant to Massachusetts General Laws Chapter 40A, Section 17.

13 Floodplain District

13.1 Purposes

The purposes of this district (in addition to those enumerated elsewhere in this zoning bylaw) are:

To provide that lands in the Town of Hubbardston subject to seasonal or periodic flooding, as described hereinafter, shall not be used for residence or other purposes in such a manner as to endanger the health, safety, or welfare of the occupants thereof, or of the public generally, or so as to burden the public with costs resulting from unwise individual choices of land use.

To protect, preserve and maintain the water table and water recharge areas within the town so as to preserve present and potential water supplies for the public health and safety of the town.

To assure the continuation of the natural flow pattern of the water courses within the town, in order to provide adequate and safe floodwater storage capacity to protect persons and property against the hazards of flood inundation.

Ensure public safety through reducing the threats to life and personal injury

Eliminate new hazards to emergency response officials

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding

Eliminate costs associated with the response and cleanup of flooding conditions

Reduce damage to public and private property resulting from flooding waters

13.2 District Delineation 1.

The Floodplain District delineations are established by elevations of area subject to inundation by 100-year frequency floods, as delineated by the Federal Emergency Management Agency (FEMA).

Use of FEMA maps and supporting studies

The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within Hubbardston designated as Zone A and AE on the Worcester Country Flood Insurance Rate Map (FIRM) dated July 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Worcester County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission.

Unnumbered A Zones

In A Zones, in the absence of FEMA BFE data and floodway data, developer/applicant shall obtain any existing flood elevation data to provide to the building department to review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

13.3 Use Regulations and Bylaws 1.

The Floodplain District is established as an overlay district to all other zoning districts. The Town of Hubbardston requires a special permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties. Additionally, all proposed development must be in compliance with Massachusetts General Laws Chapter 131, Section 40 and the requirements of the Massachusetts State Building Code pertaining to construction in floodplains and any federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district.

The town’s permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.

The following uses of low flood damage potential and causing no obstructions to flood flows shall be allowed as a matter of right, provided they are permitted in the underlying district and they do not require structures, fill or storage of materials or equipment:

Agricultural uses such as farming, grazing, and horticulture;

Forestry and nursery uses;

Outdoor recreational uses, including fishing, boating, play areas;

Conservation of water plants and wildlife;

Wildlife management areas, foot, bicycle, and/or horse paths; and

Temporary (installed for less than 180 days) non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.

The following uses may be allowed by special permit from the Planning Board, subject to the requirements of Section 13.4:

Municipal, county or state parks;

Forestry management;

Wells or other structures necessary for proper functioning of municipal or private water supplies;

Public utilities;

In case of fire, natural catastrophe, or total rehabilitation of structures existing in the Floodplain District prior to the adoption of these provisions, said structure may be rebuilt to the original size, subject to the requirement that the new structure shall conform to the provision for flood-resistant standards found in the State Building Code;

Construction and maintenance of dams and other water control devices; and

Roadways, driveways and walkways ancillary to uses otherwise permitted by this section.

Designation of community Floodplain Administrator

The Town of Hubbardston hereby designates the position of Building Commissioner to be the official floodplain administrator for the Town.

Permits are required for all proposed development in the Floodplain Overlay District

The Town of Hubbardston requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

Recreational vehicles

In A, A1-30, AH, AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone’s regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

Watercourse alterations or relocations in riverine areas

In a riverine situation, the Building Commissioner shall notify the following of any alteration or relocation of a watercourse:

Adjacent Communities, especially upstream and downstream

ii.

Bordering States, if affected

iii.

NFIP State Coordinator

Massachusetts Department of Conservation and Recreation

iv.

NFIP Program Specialist; and

Federal Emergency Management Agency, Region I

Requirement to submit new technical data

If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town/City will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:

NFIP State Coordinator; and

ii.

Massachusetts Department of Conservation and Recreation; and

iii.

NFIP Program Specialist; and

iv.

Federal Emergency Management Agency, Region I.

Variances to building code floodplain standards

The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community’s files.

The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

10.

Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP)

A variance from these floodplain bylaws must meet the requirements set out by State law, and may only be granted if:

Good and sufficient cause and exceptional non-financial hardship exist;

ii.

The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

iii.

The variance is the minimum action necessary to afford relief.

11.

Abrogation and greater restriction section

The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

12.

Disclaimer of liability

The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

13.

Severability section

If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.

13.4 Planning Board

The Planning Board may issue a special permit for the uses described in Section 13.3(d4). In the Floodplain District, no structure or building shall be erected, constructed, substantially improved, or otherwise created or moved; and no earth or other materials may be dumped, filled, excavated, or transferred, unless a special permit is granted by the Planning Board. Said Board may issue a special permit hereunder (subject to the other applicable provisions of this bylaw) only if the application complies with the following provisions:

The proposed use shall comply in all respects with the provisions of the underlying zoning district; and

The application (which shall conform to the plan requirements described in Article 9 {Site Plan Approval}) shall be reviewed by the Conservation Commission, Planning Board, Board of Health and Building Inspector. Within ten (10) days of the receipt of the application, the Planning Board shall transmit one (1) copy of the development plan to each of the above named Boards. The Planning Board shall take no final action until reports have been received from the above Boards or until thirty-five (35) days have elapsed; and

Floodway encroachment

In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town’s FIRM encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

The Planning Board may specify such additional requirements and conditions it finds necessary to protect the health, safety, and welfare of the public and the occupants of the proposed use.

13.5 Definitions

DEVELOPMENT means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]

FLOODWAY The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]

FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]

HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]

HISTORIC STRUCTURE means any structure that is:

(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior or

(2) Directly by the Secretary of the Interior in states without approved programs.

[US Code of Federal Regulations, Title 44, Part 59]

NEW CONSTRUCTION Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]

RECREATIONAL VEHICLE means a vehicle which is:

(a) Built on a single chassis;

(b) 400 square feet or less when measured at the largest horizontal projection;

(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

[US Code of Federal Regulations, Title 44, Part 59]

REGULATORY FLOODWAY see FLOODWAY.

SPECIAL FLOOD HAZARD AREA The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, or AH [Base Code, Chapter 2, Section 202]

START OF CONSTRUCTION The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]

STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]

SUBSTANTIAL REPAIR OF A FOUNDATION When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]

VARIANCE means a grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]

VIOLATION means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in §60.3 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]

13.6 Flood Hazard Avoidance for Subdivisions A.

Flood Hazard Avoidance Any subdivision located partially or wholly within the Zone A or Zone AE of the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency (FEMA) shall comply with the following:

Subdivision design shall be consistent with the need to minimize flood damage within the flood-prone area, through use of clustering, open space reservation, street profile design, and drainage.

All public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage.

Drainage systems shall be designed in consideration of possible flooding to the Base Flood Elevation.

Base flood elevation data for subdivision proposals

When proposing subdivisions or other developments greater than 50 lots or 5 acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

Amended: 9/29/2025

15 Aquifer Favorability Protection

15.1 Findings and Purpose

The future growth of the Town of Hubbardston is dependent upon the ability to of the Town to provide sufficient clean drinking water. As such it is necessary that areas identified as having a high degree of potential for future development of a municipal water supply be protected. The purposes of this Article, in addition to the purposes enumerated in Article 1 of this zoning bylaw, are to limit activities that may occur in areas which have a high degree of potential groundwater yield, and which pose a threat to the quality or quantity of groundwater that may be available in such areas.

15.2 Designation

The Aquifer Favorability Protection District (hereafter referred to as AFPD) shall include all Aquifer Favorability Areas (see Article 2). The AFPD shall be considered to be superimposed over any other district established by this zoning bylaw. All land in this District is subject to the regulations set forth in this Section and such regulations shall be in addition to, rather than in place of, the requirements for the underlying district.

15.3 Procedure

Whenever an application is made for a building or use permit which the Building Commissioner believes may involve the use of land in the District, he shall determine by any means at his disposal, whether the parcel identified in the application lies within the AFPD. If the parcel in question is within the AFPD and is within 500 feet of the district boundary, as determined by the Building Commissioner, and if the applicant does not believe that the parcel in question properly lies within the AFPD, the applicant may submit site specific data, prepared and certified by a hydrogeologist, that proves that the parcel in question is not underlain by stratified drift deposits hydrologically connected to the other areas mapped as having a high degree of Aquifer Favorability. If the Building Commissioner, after conferring with the Planning Board, is convinced that such area is not properly located within the AFPD, he may consider such parcel as not being within the AFPD and not subject to this Article.

15.4 Permitted Uses

Uses not requiring a special permit under Section 15.5 or prohibited under Section 15.6 are permitted in the AFPD, subject to the applicable provisions of this bylaw, other provisions of this zoning bylaw applicable to the underlying zoning districts in which said AFPD is located and to any other applicable overlay district regulations.

15.5 Special Permits Uses a)

Schedule of Special Permit Uses. Where otherwise legally permitted by the provisions of this zoning bylaw applicable to the underlying districts in which the AFPD is located, and subject to such special conditions and safeguards as the Planning Board deems necessary to fulfill the purpose of this Section, the following uses are permitted by Special Permit granted by the Planning Board in accordance with the provisions of subparagraphs b. through d.:

Any use involving usage of storage of toxic or hazardous materials in quantities greater than normally associated with household use, and on site agricultural use;⁴⁴

⁴⁴ Amended: 6/28/94

Golf Courses;

Package sewage treatment plants not in excess of 15,000 gpd;⁴⁵

⁴⁵ Amended: 6/28/94

On-site disposal of sewage or industrial wastewater exceeding 5,000 gallons per day but not in excess of 15,000 gpd.⁴⁶

⁴⁶ Amended: 6/28/94

For any use within the AFPD for which a special permit is required under the provisions of this article or Section 4 of this bylaw, the applicant shall submit, in addition to any other information required to be submitted, the following:

A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect all storage containers/facilities from vandalism, corrosion and leakage, and to provide for control of spills.

A description of potentially toxic or hazardous wastes to be generated, indicating storage and disposal methods.

Evidence of approval by the Massachusetts Department of Environmental Protection (DEP) of any industrial waste treatment or disposal system or any waste-water treatment system over 15,000 gallons per day capacity.

Projections of downgradient concentrations of nitrogen and other relevant chemicals at property boundaries and other locations deemed pertinent by the Planning Board. Projections shall be based upon appropriate ground water models.

Considerations. In hearing an application for a Special Permit hereunder, the Planning Board shall consider, in addition to any other factors said Board deems pertinent, the following factors:

The simplicity, reliability and feasibility of the proposed measures for containment of toxic or hazardous materials and control of spills.

The degree of threat of water quality which would result if the control measures failed.

The recommendations of other Town agencies regarding the application, if any.

Criteria for Approval. Special permits under this Section shall be granted only if the Planning Board determines that:

The intent of this bylaw as well as its specific criteria are met; and

Ground water quality resulting from on-site waste disposal and other on-site operations will not exceed a standard for drinking water at the downgradient property boundary of 5ppm (mg/1) concentration nitrate-nitrogen.⁴⁷

⁴⁷ Amended: 6/28/94

The Planning Board shall explain any departures from the recommendations of other Town agencies in its decision.

15.6 Prohibited Uses

The following uses are specifically prohibited in the AFPD:

Airplane, boat and motor vehicle service and repair, including auto body shops;

Car or truck washes;

Chemical and bacteriological laboratories;

Commercial photographic processing;

Commercial printing, other than Xerographic reproduction;

Dry cleaning establishments;

Dumping of snow from outside the District;

Hotel or motel;

Metal plating, finishing or polishing;

Motor vehicle salvage operations and Junk yards;

Multi-family residential structures;

Municipal sewage treatment facilities with on-site disposal of treated effluent;

Rendering of more than 25%, in total, of any lot impervious nor rendering of more than 15%, in total, of any lot impervious unless an acceptable method of on site recharging of runoff without degrading groundwater quality is provided;⁴⁸

⁴⁸ Amended: 6/28/94

Storage of sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;⁴⁹

⁴⁹ Amended: 6/28/94

Sanitary landfills or other disposal of solid waste;

Self-service laundries;

Storage of liquid petroleum products of any kind, except those incidental to:

(1)

Normal household use and on-site agricultural use, outdoor maintenance or the heating of a structure,

(2)

Waste oil retention facility required by Massachusetts General Laws Chapter21, Section 52A, as amended,

(3)

Emergency generators required by statue, rule or regulation, or

(4)

Treatment works approved by the Department of Environmental Protection designed in accordance with 314 CMR 5.00, as amended, for the treatment of contaminated ground or surface waters, provided that such storage is either in a free-standing container within a building or in a free standing container above ground level with protection adequate to contain a spill the size of the container's total storage capacity;⁵⁰

⁵⁰ Amended: 6/28/94

Uses with subsurface disposal of domestic sewage as projected by 310 CMR 15.00 THE STATE ENVIRONMENTAL CODE, Title 5, as amended;

Any other use which involves the manufacture, storage, use, or disposal of toxic or hazardous materials, except as allowed by special permit in Section 15.5 above;

Sludge or septage, except as in compliance with 310 CMR 22.21(2) (b)1-"...storage of sludge and septage, as defined in 310 CMR 32.05, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;" all references to 310 CMR being as amended;

Earth Removal as commercial operation;⁵¹

⁵¹ Amended: 10/28/02

Quarrying.⁵²

⁵² Amended: 10/28/02

15.7 Residential Density Requirement

Within the AFPD, the minimum lot size, regardless of the minimum lot size specified in Article 5, shall be 80,000 square feet per dwelling unit.

15.8 Design and Operations Guidelines

The following design and operation guidelines shall be observed for all uses within the AFPD:

Safeguards. Provision shall be made to protect against toxic or hazardous material discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as: prohibition of underground fuel storage tanks; spill control provisions in the vicinity of chemical or fuel delivery points; and secured storage areas for toxic or hazardous materials. The storage of liquid hazardous materials, as defined in Massachusetts General Laws Chapter 21E, must be either in a free-standing container within a building or in a free standing container above ground level with protection adequate to contain a spill the size of the container's total storage capacity. Indoor storage provisions are mandated for the corrodible or dissolvable materials. For operations which allow the evaporation of toxic or hazardous materials into the interiors of any structures, a closed vapor recovery system shall be provided for each such structure to prevent discharge of contaminated condensate into the ground water.

Location. Where the premises are partially outside of the AFPD, potential pollution sources such as on-site waste disposal systems shall be located outside the District to the extent feasible.

Disposal. For any toxic or hazardous wastes to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with Massachusetts General Laws Chapter 21C.

Drainage. All runoff from impervious surfaces, other than driveways, rooftops, walkways and patios servicing single family dwellings, shall be recharged on the site or diverted towards areas covered with vegetation for surface infiltration, to the extent possible. Dry wells shall be used only where other methods are not feasible, and shall be preceded by oil, grease, and sediment traps to facilitate removal of contaminants. If dry wells are utilized the property owner shall be required to have the oil, grease and sediment traps cleaned annually and to provide the building Commissioner, on an annual basis, with proof of such cleaning.

15.9 Violations

Written notice of any violation of this bylaw shall be provided by the Building Commissioner to the owner of the premises, specifying the nature of the violations and a schedule of compliance, including cleanup of any spilled materials. This compliance schedule must be reasonable in relation to the public health hazard involved and the difficulty of compliance. In no event shall more than 30 days be allowed for either compliance or finalization of a plan for longer-term compliance.

15.10 Definition

TOXIC OR HAZARDOUS MATERIAL Any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land or waters of this town. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy methyls, radio-active or infectious wastes, acids and alkalis, and include products such as pesticides, herbicides, solvents and thinners. Wastes generated by the following activities, without limitation, are presumed to be toxic or hazardous unless and except to the extent that anyone engaging in such an activity can demonstrate the contrary to the satisfaction of the Board of Health.

* Electronic circuit assembly.

* Motor and machinery service and assembly.

* Painting, wood preserving and furniture stripping.

* Pesticide and herbicide application.

16 Open Space Residential Development

16.1 Introduction

⁵³ Adopted: 6/13/2006

The Planning Board may grant a special permit for an “Open Space Residential Development” (OSRD) in accordance with this by-law in the Residential/Agricultural District (RA) and Commercial District, on one or more parcels of land in common ownership.

OSRD may consist of any combination of single family and two-family structures in which the buildings are clustered together in one or more groups in accordance with this by-law. The land not included in the building lots shall be preserved as Open Space.

16.2 Purpose

The purpose of an OSRD is to encourage the preservation of open land by providing an alternative pattern of development through which the following objectives are likely to be met:

Greater flexibility and creativity in the design of residential subdivisions provided that the overall density of the development is no greater than that which is normally allowed in the district;

The permanent preservation of the Open Space, agricultural lands, forest lands, and other natural resources and to encourage a less sprawling form of development that consumes less open land;

Maintain the traditional New England rural character and land use pattern in which small villages contrast with Open Space and farm land;

The construction of street(s), utilities and public services in a more economical and efficient manner;

Respect for the natural features of the land, including wetlands, watercourses, forests, prime agricultural land, steep slopes, plants, wildlife, historic sites, scenic areas, and rural character;

Promote alternatives to strip residential development lining the roadsides in the Town to preserve the unobstructed natural views from roadways;

Provide wildlife corridors and greenways connecting Open Spaces, needed by wildlife to ensure their survival.

16.3 Definitions a.

Deleted

d. “Open Space” shall mean any parcel or area of land or water essentially unimproved or set aside, dedicated, designated or reserved for public or private use and enjoyment of the owners and occupants of an OSRD and the public as permitted by this by-law.

16.4 Use and Dimensional Standards a.

OSRD shall be located on a parcel or contiguous parcels of land in common ownership having an area of no less than twenty (20) acres in the Residential/Agricultural or Commercial District, and have at least two hundred (200) feet of frontage on an existing Town way or on an existing Town public way.

No less than fifty (50%) percent of the gross area of the development shall be preserved as undeveloped Open Space.

The percentage of this Open Space that can be wetland shall not exceed the percentage of wetland for the entire site under conditions as shown on Sketch Plan.

16.5 Density/Lot Size/Frontage/Setbacks/Lot Coverage a.

The number of building lots in an OSRD shall not exceed the total number of building lots which could be reasonably expected to be developed upon the site under a conventional plan in full conformance with all zoning, subdivision regulations, health regulations, wetland regulations and other applicable requirements. The applicant shall have the burden of proof with regard to design and engineering specifications for such conventional plan. It is the intent of this Section that OSRD shall not result in the creation of more lots than could be approved under a traditional development, in accordance with the Subdivision Control Law and the Planning Board’s Rules and Regulations. The Planning Board shall require a preliminary subdivision plan, which conforms to the Town’s Subdivision Rules and Regulations for the Planning Board to determine the number of lots, which could be approved in a traditional subdivision. The conventional development plan shall show the locations and results of at least two soil evaluations performed in separate areas within each soil phase classification proposed for residential development on the parcel. The board after consultation and agreement with the Hubbardston Board of Health may require the applicant to perform further soil evaluations on selected lots shown on the conventional development plan. Those lots not meeting the requirements of Title 5 of the Mass State Environmental Code and any additional requirements of the Hubbardston Board of Health shall be subtracted from the total number of lots. All areas of the subject lot(s) disturbed during any preliminary testing must be restored to their original condition, regardless whether or not special permit issued. A bond for an estimated amount to restore area must be posted with the Planning Board to assure restoration is finished.

The lot size for each residential structure in an OSRD shall be no less than 40,000 square feet, minimum 25,000 upland.

The minimum lot frontage shall be one hundred twenty-five (125) feet.

Minimum front, side, and rear yard setbacks for residential structures shall not be less than fifty (50), twenty-five (25), and thirty (30) feet respectively.

Maximum lot coverage by building shall be the same as in the underlying district. However, lots of a reduced size shall continue to be regarded as having the full-required size for the underlying district for the purpose of this calculation. See Hubbardston Zoning By-law 5.1 (regulation size, page 11).

Mix of Housing Types.

The OSRD housing may consist of single-family and two-family structures. Two family structures need an additional twenty-five (25) feet of frontage and fifteen (15,000) thousand square feet of upland. Not more than fifty (50) percent of units in the OSRD may be two family structures.

16.6 Deleted

16.7 Additional Utility Requirements a.

All structures shall be connected to their own private waste disposal system, or a public sanitary sewer system, if available, or any design allowable in the Hubbardston Subdivision Regulations.

No OSRD served by on-site waste disposal systems shall be approved unless the applicant can demonstrate to the satisfaction of the Planning Board through the Board of Health that the potential for groundwater pollution is no greater than would be expected from the conventional subdivision with single family lots meeting normal lot size requirements located on the same parcel.

16.8 Design Criteria a.

Where the proposed development abuts a body of water, a portion of the shoreline, as well as reasonable access to it, shall be part of the common Open Space.

Residences shall be grouped so that the greatest number of units can be designed to take advantage of solar heating opportunities; so that scenic views and long views remain unobstructed, particularly those seen from roads.

Lots shall be laid out, to the greatest extent possible to achieve the following objectives:

On the most suitable soils for subsurface septic disposal;

On the least fertile soils for agricultural use;

Within the woodland on the parcel, or along the far edges of open fields;

So as to minimize the length of any common boundary between the new lots created by OSRD and lands preserved for agriculture;

So that dwelling units and non-agricultural structures shall be located at a minimum of one hundred (100) feet from agricultural land and shall be separated, to the greatest extent possible, from the agricultural uses by a seventy-five (75) foot wide buffer strip of trees and native plantings sufficient to minimize conflicts between farming operations and residents.

In areas greater than twenty (20) percent slope or upon hilltops and ridgelines, lots shall be laid out, to the greatest extent possible, to achieve the following objectives:

Building sites shall be located so that the silhouettes of structures will be below the ridgelines or hilltop or if the site is heavily wooded, the building silhouettes shall be at least ten (10) feet lower than the average canopy height of the trees on the ridge or hilltop.

Where public views will be unavoidably affected by the proposed use, architectural and landscaping measures shall be employed so as to minimize significant degradation of the scenic or aesthetic qualities of the site.

The removal of native vegetation shall be minimized.

Any grading or earthmoving operation in conjunction with the proposed development shall be planned and executed in such a manner that the final contours are consistent with the existing terrain, both on and adjacent to the site.

Safeguards shall be employed where needed to mitigate against environmental degradation from erosion, sedimentation, water pollution, or flooding.

ROADS: The principal roadway(s) serving the site shall be designed to conform to the standards of the Rules & Regulations of the Planning Board adopted February 1, 2000, as amended, and Chapter XVIII “Streets and Sidewalks” of the General Bylaws.

PARKING: Each dwelling unit shall be served by two (2) off-street parking spaces. Parking spaces in front of garages may be included in this calculation.

16.9 Open Space a.

Further subdivision of Open Space, or its use for other than conservation, agriculture, forestry, or non-commercial recreation shall be prohibited, and the approved plan shall be so endorsed in writing. Any proposed Open Space, shall be subject to a permanent Conservation or Agricultural Preservation Restriction in accordance with Massachusetts General Laws Chapter 184, Section 31, approved by the Planning Board and Board of Selectmen/Town Counsel and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, or Department of Agricultural Resources. Such land shall be perpetually kept in an open state, shall be preserved exclusively for the purpose set forth herein, and shall be maintained in a manner which will ensure its suitability for its intended purposes. Any proposed Open Space that does not qualify for inclusion in a Conservation Restriction or Agricultural Preservation Restriction or that is rejected from inclusion in these programs by the Commonwealth of Massachusetts shall be subject to a Restrictive Covenant, which shall be approved by the Planning Board and Board of Selectmen/Town Counsel and enforceable by the Town.

Subject to approval by the Board, all Open Space created hereunder shall either:

Be conveyed to the Town of Hubbardston, for a park or Open Space use if accepted by the Town; or

Be conveyed to a nonprofit organization, the principal purpose of which is the conservation of Open Space; or,

Be conveyed to a corporation, trust, or association owned or to be owned by the owners of the lots or residential units within the development; or,

Be retained by the owner or other entity for use or lease in accordance with 16.9 A., above,

Be conveyed to a private owner for agriculture, horticulture or forestry in accordance with the Conservation Restriction of the above.

An appropriate combination of the above.

16.10 Reviews and Approval Process a.

Approval for OSRD will be by Special Permit from the Planning Board.

As OSRD constitutes a subdivision; both the subdivision and special permitting approval processes may run concurrently. However, subsequent approval by the Planning Board of such portions of the development as constitute a subdivision shall be required as set forth in the Subdivision Control Law, including the approval of streets and utility systems. A favorable action, that is taken by the Planning Board on a special permit application, shall not, constitute subdivision approval under the Subdivision Control Law, or imply that such approval will be given.

The Planning Board shall require the applicant for an Open Space Residential Development to submit a preliminary subdivision plan of conventional design as stipulated under the Town’s Subdivision Regulations, as satisfactory evidence that the number of lots in the Open Space Residential Development plan is no greater than that shown on the conventional plan.

At the Planning Board’s discretion, this preliminary plan shall be accompanied by the results of percolation verification tests as administered by the Board of Health as an indication of the number of potentially buildable lots on the parcel. Percolation verification shall be tested as follows:

Percolation and deep hole tests may be required to be performed on up to twenty (20%) percent of the total proposed lots, as determined by the Planning Board.

In the event any such lot fails to pass these tests, the lots not passing shall be eliminated from the total proposed lots. In addition, Section 16.10D may be repeated for another twenty (20%) percent of the lots remaining, at the Planning Board’s discretion.

The process shall continue until there are no lot failures within the twenty (20%) percent group being tested.

Such Plan shall show compliance with the requirements of this by-law and shall show any other particular features of the OSRD as requested by the Planning Board or required by the applicable Rules and Regulations to enable the Planning Board to determine compliance with this by-law.

After notice and a public hearing in accordance with Massachusetts General Laws Chapter 40A, Sections 9 and 11, and after following the procedure outlined in this bylaw, the Planning Board may grant such a special permit with any conditions, safeguards, and limitations, if it determines:

That the applications form is complete,

That all the other requirements of this section and by-law are fully met; and provides a high degree of design quality, provides opportunity for affordable housing based on criteria and considerations outlined in Section 16.2 and 16.3.

That the design and layout of the proposed OSRD encourages the preservation of Open Space for conservation and recreation, preserves natural features of the land, allows more efficient provision of streets, utilities and other public service, and provides a high degree of design quality, based on the criteria and considerations enumerated in Section 16.3 of this Bylaw.

16.11 Waiver of Compliance

The Hubbardston Planning Board, acting as the Special Permit granting authority under this Bylaw, may waive strict compliance with such requirements of this section, where such action is in the public interest and not inconsistent with the purpose and intent of the Zoning Act or this section.

16.12 Validity

The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof.

17 Signs

17.1 Purposes

⁵⁴ Bylaw replaced 6/13/2006; Bylaw replaced January 13, 2022.

The following constitute the purposes of this Sign Bylaw:

•

to regulate the use of signs as a safe and effective means of information and communication in the Town of Hubbardston,

•

to provide an orderly permitting process of permanent signs and an effective framework for the maintenance of temporary signs in the Town

•

to allow property owners the ability to identify their locations and promote their goods, services and/or products through on-premises signage,

•

and to execute the above-mentioned purposes while maintaining the rural New England character of the Town.

17.2 Definitions

The following definitions will serve as a supplement to the definition of “Sign” as presented in Section 2.27 of these bylaws:

Abandoned Sign A sign that no longer identifies a bona fide business, lessor, service, owner, product or activity OR for which the time of event is fourteen (14) days passed.

Awning / Canopy / Marquee Any permanent, roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

Development / Construction Sign A temporary sign of an architect, engineer, owner, or contractor, erected during the period such a person/entity is performing work on the premises at which such sign is erected. This type of sign qualifies as a “temporary” sign and must adhere to the limitations assigned in Section 17.13 of this bylaw.

Electronic Message Center (EMC) An exterior computer programmable sign capable of displaying words, numbers, symbols, figures or images that can be altered or rearranged by remote means without altering the face or surface of the sign.

Externally Illuminated Sign A sign with light upon it either upwardly or downwards from an outside source, as more specifically discussed in Section 7.11 of this Sign Bylaw.

Gateway Sign A permanent sign used to direct attention to a site which includes a lot(s) considered as a unit for development purposes. This includes, without limitation: permanent subdivision, apartment or condominium complex signs, as well as signs for a campus of an academic institution, or industrial /office park or shopping plaza.

Identification Sign A sign used solely to identify the name, address, and title of an individual family or firm occupying the premises on which the sign is located.

Incidental Sign An informational or directive, the purpose of which is secondary to the use of the premises, site, or lot on which it is located, such as “No Parking” or other similar directives.

Internally Illuminated Sign A sign illuminated from inside including balloon and neon signs but excluding Light Emitting Diode (LED) and Electronic Messaging (EMC) signs. For further information on Internally Illuminated Signs see Section 7.11.

LED Sign A Light Emitting Diode Sign as more specifically discussed in Section 7.12.

Multi-Tenant Ladder Sign A single free-standing sign that encompasses the signs of multiple business occupants of that building, premises, lot, or site.

Nonconforming Sign Any sign that does not conform to the requirements of this bylaw.

Off-Premise Sign Any sign that advertises or indicates a usage, an activity, or an event to be conducted by a person or entity other than the person or entity occupying the premises, lot or site on which the sign is erected or maintained, or a business or businesses other than that of the person or entity occupying the premises, lot or site or transacted thereon.

On-Premise Sign Any sign that advertises or indicates the one or more usages, activities, or events conducted on the premises, lot or site on which the sign is erected or maintained.

Permanent Sign A sign that is permanently mounted, including its support structure, and the purpose of which is use for a permanent, continuous display.

Political Sign A noncommercial sign erected to show support for a candidate for public office or to express a political opinion. This sign is considered a temporary sign for the purposes of this bylaw.

Primary Sign The principal permanent sign of a business, institution, service, or occupant, including without limitation a home business or commercial business, whether conducted by a person or an entity. The primary sign will include the name of the person or entity or, if a business, institution or service, the trade name under which the person or entity conducts such activity.

Real Estate Sign A sign that advertises or indicates that the premises or the lots or sites on which the sign is erected, and/or the building located thereon, is for sale or lease, and includes signs advertising the conduct of an open house activity thereon. NOTE: A sign of this type that is not located on said premises shall be deemed an off-premises temporary sign for the purposes of this bylaw.

Roof Sign A sign which is located above, or projected two (2) feet above, the lowest point of the eaves of the top story or the top of a parapet wall of any building, or which is painted on or fastened to a roof.

Service Station LED Sign For the purposes of this bylaw, a Service Station LED sign shall be one that only displays the price/cost of a fuel product.

Street Spanning / Banner Sign A Sign suspended above or immediately adjacent to a street or roadway, including without limitation Signs that traverse the air space above an entire street or roadway.

Temporary Sign Any sign that is not permanent sign, as more specifically discussed in Section 7.13.

Wall Sign Any sign attached parallel to, but within six (6) inches of a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. Window or door lettering, murals, decorative artwork are not to be considered or regulated as Wall Signs.

Window Sign A sign physically adhered to the inside or outside of a window surface.

17.3 Applicability

The provisions of this sign bylaw apply to the construction, erection, alteration, use, location, and maintenance of all new signs. It is the intent of this bylaw to bring all signs into conformance as they are updated.

17.4 Exemptions and Exclusions

Exemptions: The provisions of this sign bylaw do not apply to:

•

Street address and apartment numbers,

•

State and municipal signs,

•

Signs placed by a public officer or employee acting in his or her official capacity,

•

Traffic or directional signs that are necessary for the safety and direction of the residents, employees, customers, and visitors, whether in a vehicle or on foot, of any business, institution, industry or residence

Exclusions: The provisions of this sign bylaw are not intended to regulate:

•

The posting of legal notices

•

Boundary markers

•

No Trespassing Signs

•

Warning Signs

•

Incidental Signs

•

Seasonal Decorations

17.5 General Standards a.

All signs in the Town shall comply with this bylaw and the Massachusetts State Building Code.

The Zoning Enforcement Officer has jurisdiction over compliance and enforcement of this bylaw and may order the repair or removal of any sign he or she determines to be abandoned, deteriorated, unsafe, or in violation of this Sign Bylaw.

A sign shall not, by reason of its location, shape, illumination, wording, or color interfere with foot or vehicular traffic or be confused with or obstruct the view or effectiveness of any federal, state, county, or municipal traffic sign, traffic signal or traffic marking.

No sign shall be placed within a curb cut or ramp installed to provide improved access to a sidewalk for the disabled.

No sign shall be placed on private property without express permission of the property owner.

No sign, together with any supporting framework, shall extend to a height above the maximum building height in the associated zoning district.

All provisions stated within this bylaw are effective as they pertain to each street on which the lot or site is located. If a premises, lot, or site is at the crossroad or intersection of two streets, these provisions and limitations apply to each byway separately.

17.6 Signs Prohibited in All Districts

The following signs are prohibited in all districts:

Signs containing moving parts,

Neon signs, gas tubing signs,

Signs containing reflective elements (except those erected by the Town or the Commonwealth or Federal government),

Tethered balloons over 24 inches in diameter and other inflated signs,

Internally illuminated signs (except those erected by the Town or non-profit entity under a permit issued pursuant to Section 17.07 below),

Electronic Messaging Signs (EMC’s) except those owned and operated by the Town,

Abandoned, deteriorated, or unsafe signs,

Signs on wheels or upon unregistered motor vehicles. (except those on registered motor vehicles or EMC signs maintained by the Town),

Street Spanning/Banner Signs (except those erected by the Town, or by a non-profit entity authorized by the Town),

Signs requiring a permit pursuant to Section 17.07 below for which no permit has been applied for or granted.

17.7 Signs Requiring a Permit

The following signs require a permit:

All Permanent Signs.

17.8 Permit Application and Issuing Authority a.

The Hubbardston Building Department is the permit-issuing authority for all signs requiring a permit. Permits are available online or in person at the Building Department Office / Land Use Office.

A sign permit is required prior to the installation of any permanent sign (except as exempted in Section 17.04).

A sign permit application must be made to the Hubbardston Building Department and must include:

the building and sign dimensions, content, colors, and attachment methods,

an explanation of where the proposed sign is to be located (on lot and/or building),

and photographs or drawings or other renderings of the sign as constructed.

An application for a sign permit may be made at the same time as the application for a building permit. When a building permit is not required, an application for a sign permit may be requested in conjunction with an application for a Certificate of Occupancy.

17.9 Variances in Specific Cases a.

The Zoning Board of Appeals (ZBA) may vary the provisions of this bylaw in specific cases where the ZBA finds that:

Granting such relief is necessary to comply with other applicable laws,

The circumstances involved with a particular sign were not contemplated or foreseen by the bylaw,

Unnecessary hardship will result to the owner of the sign, provided that the requested relief may be granted without substantially deviating from the intent and purpose of this bylaw.

The Planning Board may issue a Special Permit for a permanent sign ONLY on the basis of dimension (and only within 10% of the dimensions listed within this Sign Bylaw). The Special Permit application must include the dimensions of the sign, the district in which the sign is located, and a visual concept of how the sign will not disrupt the surrounding local New England rural character of the town.

17.10 Quantity and Dimensions of Non-Illuminated Signs Permitted

The following details the regulations regarding the quantity and dimension of non-illuminated signs permitted per district in the Town of Hubbardston.

NOTE: The following do not include Illuminated or LED Signs, for information regarding those types of signs please see Sections 7.11 and 7.12.

NOTE: Street-spanning banner signs are only permitted by non-profit and municipal / state organizations and thus are not covered in the dimensional charts below.

Quantity of Signs Per District Table (Section 7.10) Per the General Standards of this bylaw these quantities apply to the frontage of each byway adjacent to a property.

SIGN TYPE	RESIDENTIAL DISTRICT	TOWN CENTER DISTRICT	COMMERCIAL DISTRICT
PRIMARY SIGN	1	1	1
CANOPY/MARQUEE	Not Permitted	1	1
WINDOW SIGNS	Not to obstruct more than 50% of the window frontage	Not to obstruct more than 50% of the window frontage	Not to obstruct more than 50% of the window frontage
GATEWAY SIGNS	1	1	1
MULTI-TENANT LADDER SIGNS	Not Permitted	1	1
WALL SIGNS	1	1	1
TEMPORARY SIGNS	1	1 per 100 feet of lot frontage	1 per 100 feet of lot frontage

Dimensions of Signs Per District Table (Section 7.10) All dimensions are in square feet. These dimensions are to be taken from the edge of any lettering, color, logo or alternate material which designates the edge of the sign. In the case of a circular sign, the dimensions of the sign will be determined by an outermost rectangular perimeter (as stated in Section 2.0 of these Bylaws). Signs may be three dimensional, provided that no part protrudes more than twelve inches from the face of the sign.

SIGN TYPE	RESIDENTIAL DISTRICT	TOWN CENTER DISTRICT	COMMERCIAL DISTRICT
PRIMARY SIGN	10 square feet	50 square feet	50 square feet
CANOPY/MARQUEE	Not Permitted	1	1
WINDOW SIGNS	Not to obstruct more than 50% of the window frontage	Not to exceed the width of the store frontage nor to exceed the maximum building height of the district	Not to exceed the width of the store frontage nor to exceed the maximum building height of the district
GATEWAY SIGNS	15 square feet	20 square feet	20 square feet
MULTI-TENANT LADDER SIGNS	Not Permitted	Not Permitted	80 square feet with a maximum height of 15 feet
WALL SIGNS	20 square feet	20 square feet	20 square feet
TEMPORARY SIGNS	20 square feet	20 square feet	20 square feet

17.11 Illuminated Sign Restrictions Per District Note

This section does not include nor cover LED signs. For those provisions, please see Section 7.12 Furthermore, the following shall apply to internally and externally illuminated signs:

All Illuminated Signs: Internal Illumination (as recommended by the US Department of Transportation) must not exceed a maximum illumination of .8 fc (foot candles). Also, no illuminated sign is permitted to flash.

Internally Illuminated Signs: Internally Illuminated signs are permitted for use by municipal or nonprofit agency use only.

Externally Illuminated Signs: All externally illuminated signs shall be illuminated in such a way so as not to direct unnecessary glare towards neighboring or contiguous parcels. Also, externally illuminated signs (whether mounted above or below the sign) shall illuminate only the surface of the sign with minimal glare.

Illuminated Sign Quantity: Please see the following table for the number of signs permitted per street frontage of each parcel, per district.

Illumination Timing: To ensure decreased light nuisance, the Town of Hubbardston has elected to impose time limits on signs in certain districts. Please see the following table for the times when signs are permitted to be illuminated. (NOTE: This timing requirement does not apply to Community Gateway Signs or Service Station LED Gas Signs).

Illuminated Sign Restrictions Table (Section 7.11)

SIGN RESTRICTIONS	RESIDENTIAL DISTRICT	TOWN CENTER DISTRICT	COMMERCIAL DISTRICT
QUANTITY	1 per Property	1 wall or roof sign and 1 free-standing sign per street frontage	1 wall or roof sign and 1 free-standing sign per street frontage*
ILLUMINATION SCHEDULE	Lighting must be turned off between 9 pm and 7 am	Lighting must be turned off between 10 pm and 5 am	Lighting must be turned off between 12 am and 5 am
DIMENSIONS	15 square feet	20 square feet	30 square feet

NOTE (*): Persons or entities listed in a Multi-Tenant Ladder Sign that is also an illuminated sign shall not be permitted a free-standing sign that is also illuminated.

17.12 LED Sign Restrictions Per District

The following details the further regulations regarding the quantity and dimensions of LED Signs that may be permitted per district in the Town. Please note that the following restrictions apply to all LED signs in the Town:

LED signs may not scroll to convey a longer message.

The LED background may only be black.

Brightness levels, shall not exceed a maximum illumination of .8 fc (foot candles).

Service Station Signs that are LED Signs must be mounted on the ground and all lettering must be of one color.

LED Sign Restrictions Table (Section 7.12)

SIGN RESTRICTIONS	RESIDENTIAL DISTRICT	TOWN CENTER DISTRICT	COMMERCIAL DISTRICT
QUANTITY	Not permitted	1	2
ILLUMINATION SCHEDULE	Not permitted	Lighting must be turned off between 10 pm and 5 am	Lighting must be turned off between 12 am and 5 am
DIMENSIONS	Not permitted	Window LED: 2 square foot maximum Service Station LED: each letter may not exceed 16 inches	Window LED: 2 square foot maximum Service Station LED: each letter may not exceed 16 inches

17.13 Temporary Signs

In addition to the requirements listed in Section 7.10, the following restrictions apply to all temporary signs within the Town.

General Provisions:

In addition to the General Standards set forth in 17.05, a temporary freestanding sign cannot exceed six (6) feet in height above ground. The height restriction does not apply to flags or hand-held signs.

Any temporary sign advertising a seasonal or temporary event may only be displayed for thirty (30) days prior to the event and must be removed ten (10) days following the close of the event. This includes political election signs, construction signs, event signs, and real estate signs.

All temporary signs placed on private property must be placed with the permission of the property owner, which may be granted or withheld in the sole discretion of the property owner.

Temporary Signs that are held by an individual are permitted on public property provided that they do not violate any other provisions within this bylaw or other law, rule, or order of a court of government.

Temporary Signs must be located at least five (5) ft. from the paved portion of any street or public way.

No temporary sign shall be placed within the median of any public street.

No temporary sign shall be placed upon any public property other than a public sidewalk, except that temporary signs may be placed in an unimproved right-of-way with consent of the owner of the adjoining property.

No temporary sign shall be attached to or leaned against any utility facility (including poles and boxes) or any state or municipal sign.

All temporary signs placed on public property must have on them the date on which they were placed and the contact number of the advertiser.

All temporary signs placed on public property must be removed within fourteen (14) days.

In the event a Temporary Sign does not conform to these requirements, then the Town may in its sole discretion authorize an inspector or agent to remove the Temporary Sign and deliver it to the Building / Land Use Department for destruction. A fee of $10 may be charged for this removal / destruction. Or take any action relative thereto.

18 Wireless Communication Facility

18.1 Definition

⁵⁵ Adopted 2/12/2001

Wireless Communications Facility: any tower, pole, antenna or appurtenant structure designed to facilitate personal wireless services, as defined in the Telecommunications Act of 1996.

1. Above Ground Level (AGL). A measurement of height from the natural grade of a site to the highest point of a structure.

2. Antenna. The surface from which wireless radio signals are sent and received by a personal wireless service facility.

3. Camouflaged. A personal wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure is considered "camouflaged".

4. Carrier. A company that provides wireless services.

5. Co-location. The use of a single mount on the ground by more than one carrier (vertical co- location) and/or several mounts on an existing building or structure by more than one carrier.

6. Cross-polarized (or dual-polarized) antenna. A low mount that has three panels flush mounted or attached very close to the shaft.

7. Elevation. The measurement of height above sea level.

8. Environmental Assessment (EA). An EA is the document required by the Federal Communication Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.

9. Equipment Shelter. An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.

10. Fall Zone. The area on the ground within a prescribed radius from the base of a personal wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

11. Functionally Equivalent Services. Cellular, Personal Communication Services (PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging.

12. Guyed Tower. A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.

13. Lattice Tower. A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.

14. Licensed Carrier. A company authorized by the FCC to construct and operate a commercial mobile radio services system.

15. Monopole. The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.

16. Mount. The structure or surface upon which antennas are mounted, including the following four types of mounts:

Roof-mounted. Mounted on the roof of a building.

Side-mounted. Mounted on the side of a building.

Ground-mounted. Mounted on the ground.

Structure-mounted. Mounted on a structure other than a building.

17. Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in all directions.

18. Panel Antenna. A flat surface antenna usually developed in multiples.

19. Personal Wireless Service Facility. Facility for the provision of personal wireless services, as defined by the

Telecommunications Act.

20. Personal Wireless Services. The three types of services regulated by this Model Bylaw.

21. Radiofrequency (RF) Engineer. An engineer specializing in electrical or microwave engineering, especially the study of radiofrequencies.

22. Radiofrequency Radiation (RFR). The emissions from personal wireless service facilities.

23. Security Barrier. A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.

24. Separation. The distance between one carrier's array of antennas and another carrier's array.

18.2 Purpose and Intent

The Town recognizes the existence of Wireless Communications systems as defined in the Federal Telecommunications Act of 1996 and finds these regulations necessary to:

Minimize adverse impacts of all communication structures and equipment on residential neighborhoods.

Regulate the type, height, amount and location of all communication structures and equipment.

Maintain and protect all ecological, aesthetic, historical and recreational features of the town.

18.3 Wireless Communications Overlay District 18.3.1

Purpose. The Wireless Communications Overlay District is intended to provide for the construction, erection and installation of wireless communication towers, personal wireless service facilities and their accessory structures in a manner which meets the requirements of the Telecommunications Act of 1996, and balances the following needs:

➢

Protection of the Town from the effects of the uncontrolled proliferation and placement of wireless communication towers, personal wireless service facilities and their accessory structures with resultant impact on its landscape and character;

➢

The legitimate desire of residents of the Town to access and utilize new technologies as such become available; and

➢

The right of businesses to provide necessary and marketable services.

The Wireless Communications Overlay District is intended to effectuate the purposes described in Section 18.2 and identifies sites designed to meet the above described needs.

18.3.2

Relation to Other Districts. The Wireless Communications Overlay District shall be considered to be superimposed over any other existing districts of the zoning bylaw and, in the event any provision of this district is in conflict with regulations of any other district, the more restrictive regulation shall take precedence.

18.3.3

Location of the Overlay District and Map. All land in the Town Center District shall be included in the Wireless Communications Overlay District. In addition, the following parcels of land shall be included in the Wireless Communications Overlay District: Map 1, Parcel 47; Map 2, Parcel 33; Map 3, Parcel 7; Map 3, Parcel 27 A; Map 3, Parcel 57; Map 3, Parcel 73; Map 3, Parcel 75; Map 3, Parcel 76; Map 8C, Parcel33; Map 8C, Parcel 36; Map 8C, Parcel 37; Map 11, Parcel 1; Map 11, Parcel 2; Map 12, Parcel 5. The District is shown on a map entitled "Wireless Communications Overlay District".

18.4 Regulations 18.4.1

Structure Type

If artificial lighting is required by the FAA or FCC for any wireless communication tower, it shall be constructed and installed in such a manner that lighting will be shielded from view from any point on the ground within the Town of Hubbardston.⁵⁶

⁵⁶ Amended: 6/2/2015

New structures may be of the monopole or lattice type, no greater than 150 (One Hundred Fifty) feet in height, designed for maximum co-location. All unmanned equipment and/or shelters shall be no more than 12 (Twelve) feet wide, and 30 (thirty) feet long.⁵⁷

⁵⁷ Amended: 6/2/2015

The Town will accept and prefer new structures camouflaged in nature such as flagpoles, evergreens, and any other design which minimizes the adverse visual impact of the wireless communications facility.

Only sector and whip type antennas will be accepted.

18.4.2

Location and Setbacks

All communication facilities shall be located in the Wireless Communications Overlay District. See Section 18.3.

The Town prefers that all communications facilities be located on existing structures, including buildings, water towers, existing communications facilities, utility poles and towers, provided that such installations preserve the character and integrity of those structures and the height of those structures is not increased by more than 10 (Ten) feet.

If the Applicant demonstrates that compliance with Section 18.4.2.b. is not feasible, then any proposed communications facilities must be of the monopole type and camouflaged to the greatest extent possible using artificial screening, new landscaping and/or existing tree buffer.

All communications facilities must be set back from all property lines and buildings for a distance at least equal to the height 110% of the monopole, including any lightning rod, to insure the safety of all abutters. This setback will be referred to as the "Fall Zone".

A waiver of these conditions may be granted by the Planning Board during the Special Permit process if deemed appropriate. In requesting such a waiver, the applicant must demonstrate that: the proposed tower location will provide the same degree of public safety as would have been available with the full fall zone requirement; and that the proposed tower and related facilities will have a visual buffer from surrounding properties to a degree comparable to the visual buffer that would have been achieved with the full fall zone requirement.

All communication facilities must be a minimum of 500 (five hundred) feet away from any municipal water supply areas. A waiver of this condition may be granted by the Planning Board during the Special Permit process if deemed appropriate. In requesting such a waiver, the applicant shall demonstrate that the reduced setback will have no adverse effect on municipal water supplies.

18.5 General Requirements 18.5.1

Purpose. This section will cover all requirements not listed in the previous sections.

18.5.2

Requirements.

Applicant must perform a balloon test after a desired site location has been determined, unless the Planning Board determines it inappropriate or unnecessary with respect to Section 18.4.2.b. The balloon test shall be conducted continuously for 24 hours. The date, time, and location of this test must be advertised in a newspaper of general local circulation, 14 days prior to the test. In addition a mailer will be sent to each residence at the expense of the applicant, 14 days prior to the test.

Applicant must prepare and perform a construction control certification. All submittals, dates and times of inspections, reports and discrepancies must be reported to the Building Commissioner and the Planning Board. Failure to adhere to this requirement could significantly delay occupancy permits.

Existing vegetation shall be preserved to the maximum extent possible.

Any fencing used for a communications facility shall be a minimum of 8 (eight) feet in height and shall be of the wood stockade type.

All access roads to a communications facility shall be twelve 12 (twelve) feet to 15 (fifteen) feet in width, depending upon terrain, and shall be composed of 12 (twelve) inches of compacted gravel over which is laid down a 3 (three) inch layer of crushed stone.

All drainage issues as a result of a communications facility must adhere to Section 7.10 of the Rules and Regulations Governing the Subdivision of Land in Hubbardston, Massachusetts.

All utility installations as a result of a communications facility must adhere to Section 7.07 of the Rules & Regulations Governing the Subdivision of Land in Hubbardston, Massachusetts.

An application shall be made by a licensed carrier or shall include documentation establishing that a licensed carrier has committed to locating antennae on the tower.⁵⁸

⁵⁸ Amended:6/18/2002

A special permit as defined in zoning bylaw 7.1 -7.5 and an environmental impact study 8.1- 8.4.

18.6 Application Process 18.6.1

Process.

Every special permit application for a new and co-located communications facility shall be made and filed on the applicable application form available from the Planning Board, which shall be the special permit granting authority for all wireless communications facilities. Because a special permit will be required for all wireless communications facilities, approval will be based on applications that are in accordance with Article 18, and all other applicable regulations located in the Town of Hubbardston Zoning Bylaws.

18.6.2

Filing Requirements.

General.

Name, address and telephone number of Property Owner, Applicant, Co-applicants and Agents.

Original signatures from the Property Owner, Applicant, Co-applicants and Agents applying for the special permit.

Design (New and Co-Location Applications).

Both the zoning and construction drawings will need to be approved by the Planning Board.

Plot Plan at a 1"= 40' scale showing: property lines of subject property with bearings and distances, all property lines and abutter information within 500 (five hundred) feet of subject property, vegetative cover within subject property, and an outline of all existing structures within 500 (five hundred) feet of subject property .

Proposed location of antennas, mounts, shelter, etc.

Locus plan to scale, showing all roads, public and private within 500 (Five Hundred) feet of subject property.

Contours at 10 (ten)-foot intervals of subject property.

Site detail plan showing the communications facility at a 1"= 10' scale, including all structures and equipment to be used.

Architectural and structural details of all structures, equipment, antennas, mounts, electrical and grounding applications.

All proposed grade changes, tree removal, road construction and locations for restoration (if applicable).

Photo rendition of a "before communications facility" and "after communication facility" placed on a mount for public hearing.

10.

Specifications of all equipment, antennas, shelters, electrical and grounding application to be used.

11.

Monopole foundation drawings and specifications stamped by a Professional engineer licensed in the Commonwealth of Massachusetts.

12.

Specifications on any paint, artificial stealth applications and landscape techniques. All aesthetic applications shall be clear in the photo rendition.

13.

Landscape Plan, if applicable, showing areas to be demolished and areas to be restored stamped by a Registered Landscape Architect.

14.

Either on the survey plot plan or separate, a FAA 2C-Certification stamped by a Professional Surveyor licensed in the Commonwealth of Massachusetts.

15.

If within l00 (One Hundred) feet of wetlands, in addition to filing with the Conservation Commission, show all wetland limits with numbered flags and their setbacks to the communications facility on the plot plan.

16.

Applicant must file an Environmental Assessment and NEPA checklist with FCC prior to beginning operations for a communications facility proposed in or involving wilderness areas, wildlife preserves, endangered species habitat, historical site, Indian religious site, flood plain and wetlands.

17.

Submit a copy of the Environmental Assessment to the Planning Board following acceptance by the FCC.

18.

Submit an approval letter to the Planning Board from the Massachusetts Department of Public Health confirming the proposed filing meets their requirements of Regulation 105 CMR 122.00 for communication facilities with respect to emissions.

Construction.⁵⁹

⁵⁹ Amended 6/5/2018

The Building Inspector will not grant an occupancy permit until he and the Planning Board receive a Construction Control Certification that is stamped by a Professional Engineer licensed in the Commonwealth of Massachusetts. This certifies that the communication facility was built in accordance with the Planning Board approved construction plans and specifications as contained in the application and the special permit, conditions, if any, granted by the Planning Board.

After construction is completed the Town Building Inspector and Planning Board will inspect the site to verify that all requirements in this Article were met.

An Occupancy Permit will be issued if and when both the Building Inspector and Planning Board agree that all requirements in this Article have been met.

Applicant must give the Town a signed letter agreeing to notify the Town 90 (ninety) days prior to discontinuance. The Applicant must remove the facility within 90 (ninety) days of the giving of said notice. If the Applicant does not notify the Town of discontinuance, but ceases using the facility, after 90 (ninety) days of non-use, the Planning Board, after a hearing with prior notice to the applicant, may declare the facility to be abandoned. If the applicant fails to remove the facility within 90 (ninety) days of discontinuance or abandonment, then the Town may remove the facility at the cost of the Applicant or Owner. Any special permit issued under this section shall include a condition stating the above requirement and further stating that, in accepting the special permit the Applicant and Owner grant the Town permission to enter the property for the purpose of removing an abandoned or discontinued facility. An Occupancy Permit will not be granted if this signed letter is not given to the Town.

The Special Permit for a communications facility over 50 (fifty) feet in height in the Town of Hubbardston. Massachusetts is valid for no more than 5 (five) years. At the end of that time period, the personal wireless service facility shall be removed by the carrier or a new special permit shall be required. The height required for personal wireless services will be reevaluated and any height no longer justified shall be removed.

A cash surety of $25,000.00 (twenty-five thousand and 00/100 dollars) shall be made payable to the Treasurer, Town of Hubbardston.

19 Senior Residential Development (SRD)

19.1 Purpose

⁶⁰ Adopted 10/28/2002

The purposes of this section are:

To provide for housing options for a maturing population that reduce maintenance costs and are more affordable than traditional single-family dwellings.

To provide for a type of housing development that reduces demands on municipal and educational services.

To promote development that is in harmony with the Town’s natural features and resources, its traditional landscapes, the existing and probable future use of adjacent land and the general intent of the Zoning Bylaw.

To establish flexible residential development standards and procedures that will support these objectives.

19.2 Special Permit a.

General Provision: In the residential – agricultural district and commercial district, the Planning Board may grant a special permit for a Senior Residential Development (SRD) as an alternative to conventional subdivision.

19.3 Development Standards

Occupancy Restriction: The following provisions are intended to ensure that the dwelling units in an SRD are used as residences for persons of age 55 and older.

Each unit in an SRD shall be occupied by at least one resident 55 years of age or older for whom the unit is a principal residence.

Children under the age of 18 may not reside in a dwelling unit in an SRD for more than three (3) months in any twelve (12) month period.

In the event of the death of the qualifying owner/occupant(s) of a unit, or foreclosure or other involuntary transfer of a unit in an SRD, a one-year exemption shall be allowed for the transfer of the unit to another eligible household.

These restrictions shall be recorded on every unit or lot deed and shall be referenced in the special permit conditions. If the development is a subdivision, these restrictions shall be recorded prior to definitive plan approval.

19.4 Minimum Tract Size a.

The tract of land for an SRD must contain at least twenty (20) acres, and have at least two hundred (200) feet of continuous frontage on an existing Town way.

19.5 Building and Dwelling Requirements

Building types

(1)

Building units in an SRD may be attached or detached, or a combination of these types.

(2)

No building shall contain more than four (4) dwelling units.

(3)

Maximum amount of bedrooms per unit is limited to two bedrooms.

Building lot requirements

(1)

Building units within the SRD shall be setback from structures, ways, and boundaries as follows:

75’ from a public way or the boundary of the SRD

50’ from the common driveway within the SRD

30’ from the sidewalk within the SRD

(2)

Where the tract contains a pre-existing residential structure, the lot area for such structure after development of the SRD shall not be reduced below 80,000 square feet, and the frontage for such structure shall not be reduced below 200 feet.

Maximum Density

(1)

The residential density in an SRD shall not exceed 1.5 dwelling units per acre of developable land. The residential density in an Aquifer Favorability Protection District (AFPD) shall be no more than one residential dwelling unit per acre of developable land. For the purpose of this computation, the “developable” area shall be the total area of the tract, including the Common Land, but excluding all wetlands, 100-year floodplains and areas subject to existing valid open space restrictions.

Accessory Buildings and Structures

(1)

Accessory buildings and structures for the use of residents of the SRD and their guests may be permitted, including garages, clubhouses, swimming pools, tennis courts, cabanas, and storage and maintenance structures.

(2)

Accessory buildings and structures may be constructed on individual parcels within the SRD, or on land owned in common by the owners of the dwelling units in the development, or by an organization or entity owned and controlled by such dwelling unit owners.

(3)

Accessory buildings and structures shall be shown on the development plan and may not be constructed within the Common Land except as provided in Section 19.6 below.

(4)

Accessory buildings and structures shall conform to the setback requirements set forth in Section 19.5 b.(1).

Streets and Utilities

(1)

All streets or roadways and related drainage facilities constructed as part of a Senior Residential Development shall be designed and built in conformance with the construction standards included in the Town of Hubbardston Subdivision Rules and Regulations in effect at the time of application. The Planning Board may waive such requirements only upon written request of the applicant and then only if the Board determines that such waiver(s) are in the best interest of the Town or if the applicant, together with the owner and all others having any interest in the SRD and their successors and assigns, grants to the Town a covenant, which shall provide that such persons shall not petition the Board of Selectmen or successor executive body of the Town to lay out such way as a public way nor petition the Town Meeting or successor legislative body of the Town to accept such way as a public way unless at the time of such petition the street or roadway and related drainage facilities comply with the construction standards included in the Town of Hubbardston Subdivision Rules and Regulations at the time of such petition, and the Planning Board is hereby authorized to accept and record such covenants on behalf of the Town. All other utilities, including water, sewerage and fire protection shall be designed and constructed in compliance with the Town of Hubbardston Subdivision Rules and Regulations, Board of Health requirements and any applicable requirement of the bylaws of the Town of Hubbardston.

19.6 Common Land a.

Dimensional Requirements

In an SRD, at least thirty percent (30%) of the total tract area shall be set aside as Common Land for the use of SRD residents or the general public. The following additional requirements shall apply:

(1)

The minimum required area of Common Land shall not contain a greater percentage of wetlands, as defined in Massachusetts General Laws Chapter 131, Section 40, or 100-year floodplains than the percentage of wetlands or floodplains found in the overall tract of land on which the SRD is located.

(2)

Common Land shall be planned as large, contiguous parcels whenever possible. Strips or narrow parcels of Common Land shall be permitted only when necessary for access, or if the Planning Board finds that a vegetated buffer strip along the site’s perimeter is appropriate and consistent with the purpose of SRD development.

(3)

Common Land may be set aside in more than one parcel provided that the size, shape and location of such parcels are suitable for the designated uses.

(4)

The Common Land shall include adequate upland access from a way or street, at least 40 feet wide.

Use of the Common Land

(1)

The Common Land shall be dedicated and used for conservation, recreation, park purposes, outdoor education, agriculture, horticulture or forestry, or for any combination of such uses. No other uses shall be allowed in the Common Land, except as follows:

(i)

A portion of the Common Land may be used for the construction of leaching areas associated with septic disposal systems serving the SRD or for water supply wells serving the SRD, if the Planning Board determines that such use will enhance the specific purpose of Senior Residential Development and promote better overall site planning, and if such leaching areas or wells are approved by the Board of Health. Septic disposal easements shall be no larger than reasonably necessary. If any portion of the Common Land is used for the purpose of such leaching areas or wells, the Planning Board shall require adequate assurances and covenants that such facilities shall be maintained by the dwelling unit owners within the SRD.

(ii)

A portion of the Common Land may be used for ways serving as pedestrian walks, bicycle paths and emergency access or egress to the SRD or adjacent land, if the Planning Board determines that such a use will enhance the specific purpose of Senior Residential Development and promote better overall site planning, and if the Planning Board finds that adequate assurances and covenants exist to ensure proper maintenance of such facilities by the owner of the Common Land.

(iii)

A portion of the Common Land may be used for utility and drainage facilities serving the Senior Residential Development or adjacent parcels, and may be subject to easements for the construction, maintenance, and repair of such facilities.

(2)

The minimum required area of Common Land shall remain unbuilt upon, provided that an overall maximum of five (5) percent of such land may be subject to pavement and structures accessory to the dedicated use or uses of the Common Land.

(3)

Unless otherwise designated in the Special Permit, the residual open land left unbuilt after development, if not in agriculture or forestry, shall be mowed at least once annually.

(4)

The proposed use of the Common Land shall be specified on a Land Use Plan, and appropriate dedications and restrictions shall be part of the deed to the Common Land.

(5)

The Planning Board shall have the authority to approve or disapprove particular uses proposed for the Common Land in order to enhance the specific purposes of Senior Residential Development.

(6)

No owner shall apply to the Assessors for classification of any common land as forest land under Massachusetts General Laws Chapter 61, agricultural land under Massachusetts General Laws Chapter 61A or recreation land under Massachusetts General Laws Chapter 61B.

Ownership of Common Land

(1)

The Common Land is to be conveyed to a corporation or trust owned or to be owned by the owners of the dwelling units within the Senior Residential Development. The Planning Board shall approve the form of ownership of the Common Land.

(2)

A perpetual restriction, approved by the Planning Board and enforceable by the Town of Hubbardston, shall be imposed on the use of such land, providing in substance that the land be kept in its open or natural state and that the land provisions of an SRD as set forth herein and, if applicable, as further specified in the decision of the Planning Board governing the individual SRD be complied with.

(3)

The proposed ownership of all Common Land shall be shown on the Land Use Plan for the SRD.

(4)

At the time of its conveyance, the Common Land shall be free of all encumbrances, mortgages or other claims (including pre-existing conservation easements or restrictions), except as to easements, restrictions and encumbrances required or permitted by this bylaw.

19.7 Maintenance

The owners of the dwelling units within the SRD shall be responsible for the maintenance of all common elements and facilities owned by and serving the residents of the SRD; and an organization of the owners shall be established to carry out these maintenance responsibilities.

19.8 Additional Design Criteria

In addition to the standards set forth above, the SRD shall be designed in accordance with the following objectives, in order of priority:

Buildings and streets shall be placed on the least fertile soils for agricultural uses, and in a manner, which maximizes the usable area remaining for such agricultural use.

Buildings shall be sited within any woodland contained in the parcel or along the edges of the open fields adjacent to any woodland, so as to reduce any impact upon agriculture, to provide summer shade and shelter from winter wind, and to enable new construction to be visually absorbed by the natural landscape features.

Buildings shall be sited in locations least likely to interrupt scenic vistas, as seen from the public roadways.

Buildings shall be sited in locations where the greatest number of units can be designed to take maximum advantage of solar heating opportunities.

Buildings shall be sited to avoid sensitive environmental features, including wildlife habitat, wetlands, water bodies, steep slopes or other important site features.

In the vicinity of existing historic structures on public roads, new buildings may be sited in clusters close to the road to reflect the traditional locations, patterns and setbacks of nearby existing historic buildings. Such roadside clusters shall be compatible with the scale of the surrounding neighborhood and shall maintain at least 75% of the existing undeveloped road frontage in conservation. Architectural design of new buildings (proportions, roof pitches, exterior materials and fenestration) shall reflect the character of nearby existing structures.

The Planning Board shall generally be guided by the standards of the Americans with Disabilities Act and regulations thereunder, provided that such standards shall be applied with the goal of achieving practical accessibility with due consideration that the dwelling units and common facilities are neither public facilities nor subject to the Americans with Disabilities Act as a matter of law.

19.9 Special Permit Application and Procedures a.

In addition to the Special Permit requirements set forth in Article 7, the following shall be submitted as part of the SRD application:

(1)

An “Overall Land Use Plan” (at a scale of not less than 1” = 200’) showing the location, ownership, and uses of the proposed Common Land; the areas of residential use, the maximum number of residential units proposed, and the maximum number of bedrooms; any amenity or recreation areas serving the residential uses; and the general layout of all roads and access ways.

(2)

“Concept Plans” for the proposed SRD (at a scale of not less than 1” = 100’) showing the proposed location of each residential building, accessory structure and facility; the proposed location of all roads and access ways, and approximate finished grades; the proposed location of all recreational areas, proposed improvements and structures on the Common Land; and methods for providing water and sewerage facilities.

(3)

A plan or plans showing the proposed grading of the tract and the proposed locations, dimensions, materials and types of construction of streets, common drives, parking areas, walks, paved areas, utilities, emergency access ways, and the locations and outlines of all proposed buildings and structures including, but not limited to dwellings, garages, and any accessory structures thereto. If the proposed SRD is to be constructed in separate phases, this plan or plans shall clearly indicate the construction phases proposed.

(4)

A plan or plans showing the proposed use of the Common Land (whether public or private), including all improvements proposed to be constructed thereon.

(5)

A tabulation indicating the total area, wetlands area and percentage of wetlands for the entire tract, the Common Land, and all lots to be created in the SRD.

(6)

A tabulation of proposed buildings by type (i.e., number of units per building, and number of bedrooms per unit).

(7)

Copies of all instruments to be recorded with the Senior Residential Development special permit, including but not limited to the proposed deed(s) for the Common Land, the articles of organization and bylaws of any corporation or trust to be organized to own the land and the language of all restrictions to be imposed on the land.

(8)

A Management Plan for the Common Land to be incorporated in deed covenants to be executed with purchasers of land or other interests in the SRD.

19.10 Planning Board Action a.

In evaluating the proposed SRD, the Planning Board shall consider:

(1)

the general purpose and objectives of this bylaw;

(2)

the existing and probable future development of surrounding areas;

(3)

the appropriateness of the proposed layout of streets, ways, lots and structures;

(4)

the proposed layout and use of the Common Land in relation to the proposed dwelling units in the SRD, the topography, soils and other characteristics of the tract of land in question; and

(5)

the degree to which the proposed development would contribute to the supply of affordable housing in the Town.

The Planning Board may grant a special permit for an SRD if it finds that the SRD:

(1)

complies with the requirements of this Section, other applicable requirements of the Zoning Bylaws and, where applicable, the construction and design standards of the Hubbardston Subdivision Rules and Regulations.

(2)

is consistent with the purposes of this section;

(3)

is sited on soil types that will support the proposed density of development; and

(4)

is in harmony with the existing and probable future uses of the area and with the character of the surrounding area and neighborhood.

19.11 Special Permit Conditions a.

As a condition of approval, the Planning Board may require such changes in the proposed development plans and additional application materials and may impose such conditions and safeguards as it deems necessary to secure the objectives of this bylaw, and to protect the health, safety and welfare of the inhabitants of the neighborhood and of the Town of Hubbardston. Such conditions shall include the occupancy restrictions adopted under Section 19.3 and the permanent location, ownership and use of the Common Land approved under Section 19.6.

As a condition of approval, the Planning Board may establish other special conditions as necessary to mitigate the impacts of the SRD on Town services, such as (but not limited to): the arrangement for private disposal of solid waste without use of Town facilities for such disposal or arrangements for the private maintenance of roads within the SRD.

No change in the location or use of the Common Land shall be permitted. No change in any aspect of the approved SRD site plan shall be permitted unless approved in writing by the Planning Board. A new or amended special permit will be required if the Planning Board determines any proposed change to be substantial.

No land for which a special permit for a Senior Residential Development has been granted shall be further subdivided, unless such special permit lapses or is rescinded.

19.12 Rules and Regulations

The Planning Board may adopt and amend reasonable rules and regulations for the administration of this section. Such regulations shall include a schedule of fees and owner/occupancy reporting requirements to satisfy compliance with the age restriction, as well as such other items as the Board deems necessary.

20 Use of Large-Scale Solar Photovoltaic Installations

20.1 Purpose

⁶¹ Adopted 6/1/2010

The purpose of this bylaw is to promote the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations, which standards address public safety and minimize impacts on scenic, natural and historic resources and providing adequate financial assurance for the eventual decommissioning of such installations.

The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.

20.1.1

Applicability.

This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.

20.2 Definitions

20.2.1 Siting, Construction, Regulation, Development, Generating and Distribution of Large Scale Photovoltaic Installations: All installations shall be regulated by the Planning Board through Article 7-Special Permits, Article 8-Environmental and Community Impact Analysis, and Article 9-Site Plan Approval of the Town of Hubbardston Zoning Bylaws.⁶²

⁶² Amended 6/2/2015

20.2.2 Building Commissioner: The inspector of buildings, building commissioner, or local inspector, or person or board designated by local ordinance or bylaw charged with the enforcement of the Town’s Zoning Bylaws

20.2.3 Building Permit: A construction permit issued by the Building Commissioner; the building permit evidences that the project is consistent with the state and federal building codes as well as Town’s Zoning Bylaws, which include those provisions governing ground- mounted large-scale solar photovoltaic installations.

20.2.4 Designated Location: Large scale ground mounted solar photovoltaic installations may be sited by Special Permit in all zoning districts in the Town of Hubbardston.⁶³

⁶³ Amended 6/5/2018

20.2.5 Large-Scale Ground-Mounted Solar Photovoltaic Installation: A solar photovoltaic system that is structurally mounted on the ground or a roof, with solar panels covering 20,000 square feet or more on one lot or minimum nameplate capacity of 250kW DC.⁶⁴ A Large-Scale Ground-Mounted Solar Photovoltaic Installation may also include a Battery Energy Storage System (BESS).

⁶⁴ Amended 6/5/2018

20.2.6 Battery Energy Storage System (BESS): A device that reserves energy for later consumption that is charged by a connected solar system. The stored electricity is consumed after sundown, during energy demand peaks, or during a power outage.

20.2.7 On-Site Solar Photovoltaic Installation: A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.

20.2.8 Rated Nameplate Capacity: The maximum rated output of electric power production of the Photovoltaic system in Direct Current (DC).

20.2.9 Site Plan Review: review by the Site Plan Review Authority to determine conformance with the Town’s Zoning Bylaws.

20.2.10 Site Plan Review Authority: For purposes of this bylaw, Site Plan Review Authority refers to the Planning Board.

20.2.11 Solar Photovoltaic Array: an arrangement of solar photovoltaic panels.

20.2.12 Zoning Enforcement Authority: The person or board charged with enforcing the zoning ordinances or bylaws.

20.2.13 Lot Size: A minimum of five acres (217,800 square feet) will be required for lots to have large solar ground mounted panels facilities placed on them. No dwelling or other structures – except those structures that are part of the facility are allowed on designated parcel. The aggregation of parcels in order to create a parcel of sufficient size to construct a qualifying facility will be considered.

20.3 General Requirements

The following requirements are common to all solar photovoltaic installations to be sited in designated locations:

20.3.1

Compliance with Laws, Ordinances and Regulations

The construction and operation of all large scale solar photovoltaic installations, including BESS, shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code.

20.3.2

Building Permit and Building Inspection

No large scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

20.3.3

Fees

20.3.3.1

The application for a building permit for a large scale solar photovoltaic installation must be accompanied by the fee required for a building permit.

20.3.3.2

The large Scale Solar Photovoltaic Installation Fee shall be $2,000.00 which shall include the fees for the Special Permit and Site Plan Review applications.⁶⁵

⁶⁵ Amended 6/2/2015

20.3.3.3

All engineering fees, legal fees, publication fees, etc. incurred by the Planning Board during the application process and the Site Plan Review will be paid for by the applicant.

20.3.4

Site Plan Review

Large scale solar photovoltaic installations shall undergo site plan review by the Site Plan Review Authority, as set forth in this Section and Article 9 of the Zoning Bylaws prior to construction, installation or modification as provided in this section.⁶⁶

⁶⁶ Amended 6/5/2018

20.3.4.1

General

All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in Massachusetts.

20.3.4.2

Required Documents

Pursuant to the site plan review process, the project proponent shall provide the following documents:

(a)

A site plan showing:

Property lines and physical features, including roads, for the project site;

ii.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

iii.

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

iv.

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

Documentation of the major system components to be used, including the PV panels, mounting system, inverter, and BESS, with technical specifications of the major system components, including the solar arrays, mounting system, electrical equipment and other supporting equipment and structures;;

vi.

Name, address, and contact information for proposed system installer;

vii.

Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;

viii.

The name, contact information and signature of any agents representing the project proponent;

ix.

Drawings, photographs and study showing:

Color renderings not less than 1 inch = 50 feet showing site line views from abutting streets and properties of the proposed installation;

Color aerial view both before and after proposed installation showing tree coverage and buffer zone not less than 1 inch = 50 feet;

xi.

A glare analysis and proposed mitigation, if any, to minimize the impact of glare on affected properties and roads;

(b)

Documentation of actual or prospective access and control of the project site (see also Section 20.3.5);

(c)

An operation and maintenance plan (see also Section 20.3.6);

(d)

Zoning district designation for the parcel(s) of land comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose);

(e)

Proof of liability insurance;

(f)

Description of financial surety that satisfies Section 3.12.3.

(g)

Decommissioning Plan⁶⁷

⁶⁷ Added 6/2/2015

The Site Plan Review Authority may waive documentary requirements as it deems appropriate.

20.3.5

Site Control

The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation. Any special permit submit issued under this section shall include a condition stating the above requirement and further stating that, in accepting the special permit the Applicant and Owner grant the Town permission to enter the property for the purpose of assessing and removing an abandoned or discontinued facility. This letter shall be signed and notarized by the applicant and owner.⁶⁸

⁶⁸ Amended 6/5/2018

20.3.6

Operation & Maintenance Plan

The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operation maintenance of the installation. This plan shall include measures for maintaining year-round safe access for emergency vehicles, snow plowing, storm water controls, and general procedures for operating and mainlining the energy facility including fencing, fire access roads and landscaping.

20.3.7

Utility Notification

No large-scale ground–mounted solar photovoltaic installation shall be constructed until evidence has been given to the Site Plan Review Authority that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or operator’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

20.3.8

Dimension and Density Requirements

20.3.8.1

Setbacks

For large - scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:

(a)

Front yard: The front yard depth shall be at least 100 feet.

(b)

Side yard. Each side yard shall have a depth at least 75 feet.

(c)

Rear yard. The rear yard depth shall be at least 75 feet.

20.3.8.2

Solar Panels and Appurtenant Structures and Fencing⁶⁹

⁶⁹ Amended 6/5/2018

All appurtenant structures to large- scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, BESS facilities, transformers, and substations, shall be architecturally compatible with each other. All structures will be hidden from view whenever reasonable by vegetation and/or joined or clustered to avoid adverse visual impacts.

All Solar Panels shall be screened from view by vegetation and in place prior to issuing the Certificate to Generate for the system. Such screening shall be provided in the required setback areas where existing vegetation setbacks is insufficient for year-round screening. Screens shall consist of evergreen vegetation 1.5 times the height of the highest solar panels. Berms or other methods to adequately screen the facility, depending on site specific conditions may be considered. Screen shall be maintained and replaced as necessary by the owner/operator of the solar energy system.

Fencing:

Shall be not greater than eight (8) feet in height and shall surround the entire field.

Shall be placed four (4) inches off the ground to allow migration of wildlife.

Solid fencing may also be required if necessary to adequately screen view of the facility.

Fencing shall consist of a commercial grade, high quality (HF40 or better) framework, galvanized chain link, ends, corners and posts. The Planning Board may require additional measures such as coated galvanized fencing and screening bands or aluminized chain link.

20.3.9

Design Standards

20.3.9.1

Lighting

Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. All lighting on the premises shall be by motion activated devices and no all-night lighting will be allowed unless so allowed by Planning Board. Lighting of all parts of the installation, including appurtenant structures, shall be limited to that required for safety and operational purposes, shall be shielded from abutting properties, and shall comply with International Dark Sky Standards Fixture Seal of Approval Certification Requirements. There shall be no illumination without personnel on site.

20.3.9.2

Signage

Signs on large- scale ground-mounted solar photovoltaic installations shall comply with the Town’s Zoning Bylaws, Article 17-Signs. A sign consistent with a municipality’s sign bylaw shall be required to identify the owner and provide a 24-hour emergency contact phone number.

Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.

20.3.9.3

Utility Connections

Reasonable efforts, as determined by the Site Plan Review Authority, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

20.3.10

Safety and Environmental Standards

20.3.10.1

Emergency Services

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

20.3.10.2

Land Clearing, Soil Erosion, Habitat Impact, Screening Requirements⁷⁰

⁷⁰ Amended 6/5/2018

(a)

Land clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the solar energy systems or otherwise prescribed by applicable laws, regulations and bylaws. Existing vegetation shall remain in required setback areas. Adequate erosion control measures shall be provided for all proposed land clearing.

(b)

Protection of Natural Resources and Habitat - Large-scale ground-mounted solar energy systems shall be designed to minimize impacts to agricultural and environmentally sensitive land and to be compatible with continued agricultural use of the land whenever possible. Access driveways shall be constructed to minimize grading, removal of stone walls or roadside trees, and to minimize impacts to environmental or historic resources.

(c)

Screening/Buffering: Large-scale ground-mounted solar energy systems shall be screened year round from all adjoining properties in all zoning districts and from public and private ways. Screening will be in place prior to issuing the Certificate to Generate in all zoning districts. Such screening shall be provided in the required setback areas and where existing vegetation in setbacks is insufficient for year-round screening purposes. The screen shall consist of dense evergreen vegetative screening 1.5 times the height of the highest solar panels. Berms or other methods to adequately screen the facility, depending on site specific conditions may be considered. Screen shall be maintained and replaced as necessary by the owner/operator of the solar energy system.

20.3.11

Monitoring and Maintenance

20.3.11.1

Solar Photovoltaic Installation Conditions

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

20.3.11.2

Modifications

All material modifications to a solar photovoltaic installation, including the addition of BESS made after issuance of the required building permit shall require approval by the Site Plan Review Authority.

20.3.12

Abandonment or Decommissioning

20.3.12.1

Removal Requirements

Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has reached the end of its useful life consistent with Section 3.12.2 of this bylaw shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Site Plan Review Authority by certified mail of the proposed date of discontinued operations and plans for removal. Removal shall consist of:

(a)

Physical removal of all large- scale ground-mounted solar photovoltaic installations, structures, equipment, BESS, security barriers and transmission lines from the site.

(b)

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

(c)

Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

20.3.12.2

Abandonment

Absent notice of a proposed date of decommissioning and removal or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than six months without the written consent of the Site Plan Review Authority. If the owner or operator of the large- scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 120 days of abandonment or the proposed date of decommissioning, the Town may enter onto the property and physically remove the installation.

20.3.12.3

Financial Surety⁷¹

⁷¹ Amended 6/2/2015

Proponents of large-scale ground-mounted solar photovoltaic projects shall provide surety in the form of cash or certified bank check, held by and for the Town of Hubbardston in an interest bearing account to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. This surety will be due and payable at the issuance of the building permit. Proof of payment in the form of a receipt from the Town Treasurer will be shown to the Building Commissioner before the permits are issued. 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, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. As a condition of approval, an applicant shall bind itself to grant the necessary license or easement to the Town to allow entry to remove the structure. The Town shall have the right, but not the obligation to remove the facility.

20.4 Certificate to Generate

⁷² Added 6/2/2015

⁷³ Amended 6/5/2018

No solar facility may sell or distribute generated power until all conditions of the issued permit and requirements of this bylaw are approved and certified at a meeting of the Planning Board, and the “Certificate to Generate” is issued and recorded in the Worcester Registry of Deeds.

The Planning Board may revoke the “Certificate to Generate” for cause after a public hearing.

20.5 Reporting Requirements

⁷⁴ Added 6/5/2018

The owner of the solar installation shall provide a report to the Planning Board in January of each calendar year with the following information: total amount of electricity generated, major maintenance performed; planned or actual major system modifications; change of ownership; changes to bond amounts.

22 Commercial Marijuana Establishments

22.1 Purpose

⁷⁶ Adopted June 5, 2018; Amended June 10, 2022.

The purpose of this bylaw is to ensure safe access to the growing, distribution, and sale of Marijuana in the Town of Hubbardston. No Marijuana establishment shall impinge on any property owner’s right to freedom of noise, odor, light pollution, or to the natural, scenic, historic and aesthetic qualities of their property.

22.2 Definitions

All definitions in Massachusetts General Laws Chapter 94G, Section 1 Definitions and 935 CMR 500.000 Adult Use of Marijuana Section 500.002 Definitions are made part of this bylaw.

22.3 General Requirements

All Marijuana Establishments including cultivating, retail sales, product manufacturing, independent testing laboratory, or any other type of marijuana type establishment shall be in conformance with Massachusetts General Laws Chapter 94G, 935 CMR 500.00 Adult use of Marijuana. The Planning Board shall be the permit granting authority. The enforcement authority of this bylaw shall be the Building Inspector and or Planning Board.

22.4 General Zoning Districts for Marijuana Establishment and Restrictions Applicable to all Districts

Marijuana Establishments as described in Massachusetts General Laws Chapter 94G and 935 CMR 500.00 shall be allowed in the following districts after the applicant has been approved by the Cannabis Control Commission.

22.4.1

Marijuana Establishment allowed by Special Permit in Residential District:

Outdoor Marijuana cultivation establishments licensed for Tier 1 (up to 5,000 sf).

22.4.2

Marijuana Establishment allowed by Special Permit in Residential District:

Outdoor Marijuana cultivation establishments licensed for Tier 2 (between 5001 and 10,000 sf) by Special Permit.

22.4.3

Marijuana Establishment allowed by Special Permit in the Town Center District

Outdoor Marijuana cultivation establishments licensed for Tier 1 (up to 5,000 sf) by Special Permit.

22.4.4

Marijuana Establishment allowed in the Commercial District by Special Permit.

All Marijuana Establishments as defined by Massachusetts General Laws Chapter 94G are allowed by Special Permit.

22.4.5

Setbacks Applicable to all Marijuana Establishments in All Districts.

Setbacks: All Marijuana Establishments shall be set back one hundred (100) feet from streets and abutting property lines including all fences and grow areas. The area within the setback shall be maintained as a buffer zone and, if forested, must remain so, and if not, shall be landscaped to create an effective buffer to screen all elements of the Marijuana Establishment (including grow areas) from public and private view. Any greater set back requirements in these bylaws shall remain applicable.

22.5 Procedure for Obtaining any Marijuana Establishment Licenses 22.5.1

Conduct a Community Outreach Hearing

22.5.1.1

The Planning Board will hold a joint Community Outreach Hearing with Hubbardston Board of Selectmen. All costs associated with this hearing shall be paid for by the applicant.

22.5.1.2

The Outreach Hearing shall be advertised twice in (14) days period prior to the hearing in the Gardner News and posted on the Town website.

22.5.1.3

A copy of the notice filed with the Town Clerk, Planning Board, Board of Selectmen, Board of Health, building inspector and Police Chief.

22.5.1.4

A copy of hearing notices must be sent to abutters within 300’ of the proposed Marijuana Establishment by registered mail.

22.5.1.5

The content of the hearing shall include discussion of type of Marijuana establishment to be located, security information, steps taken by applicant to prevent diversion to minors, plan for positive community impact, information to demonstrate location will not be a nuisance.

22.5.1.6

The applicant is required to answer questions from the community members.

22.5.2

Enter into Host Community Agreement (HCA).

After the hearing the applicant shall make application to the Board of Selectmen for a Host Community Agreement with the Town of Hubbardston. The HCA will follow Massachusetts General Laws Chapter 94G and 935 CMR 500.000 Adult Use of Marijuana.

22.5.3

Certify compliance with local zoning, including buffer zone requirement.

After the Host Agreement has been executed between the Board of Selectmen the applicant will meet with Planning Board to review a general site plan to show that the proposal conforms to the zoning and buffer zone requirements. If the zoning and buffer zone requirements are in compliance with Town of Hubbardston Zoning the Planning Board will vote to a send letter to Cannabis Control Commission that the proposed Marijuana establishment is in compliance with zoning and buffer zone requirement.

22.6 Final Approval

After Cannabis Control Commission has contacted the Town that the application is complete, the applicant, if required by zoning, must apply to the Planning Board for a Special Permit for Marijuana Establishment per Articles 7, 8, 9 and 21 of the Hubbardston Zoning Bylaw.

23 Grid Scale Battery Energy Storage Systems (GSBESS)

23.1 Purpose

⁷⁷ Adopted December 23, 2025

The purpose of this Section is to advance and protect the public health, safety, welfare, and quality of life by creating regulations for the installation and use of battery energy storage systems, with the following objectives:

•

To provide a regulatory scheme for the location, construction and operation of battery energy storage systems consistent with best practices and safety protocols;

•

To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems and to mitigate any potential impacts on abutting and nearby properties; and

•

To mitigate the impacts of battery energy storage systems on environmental resources such as agricultural lands, forests, wildlife, wetlands, water supply, and other natural resources.

This Section shall be construed to be consistent with state law, including but not limited to the provisions of General Laws chapter 40A, section 3, and state regulations, including but not limited to the provisions of the State Building Code, State Fire Code, and State Electrical Code. In the event of any conflict between the provisions of this section and the provisions of state law or regulations, the state law and regulations shall prevail.

23.2 Applicability

The requirements of this bylaw shall apply to grid scale battery energy storage systems (GBESS) permitted, installed, decommissioned or modified after the effective date of this bylaw, excluding general maintenance and repair.

A battery energy storage system that is subject to this bylaw is classified as a Tier 1, Tier 2 or Tier 3 Battery Energy Storage System as follows:

•

Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than 0.5MWh and, if in a room or enclosed area, consist of only a single energy storage system technology.

•

Tier 2 Grid-Scale Battery Energy Storage Systems have an aggregate energy capacity equal to or greater than 0.5 MWh but less than 1 MWH or are composed of more than one storage battery technology in a room or enclosed area.

•

Tier 3 Grid-Scale Battery Energy Storage Systems have an aggregate energy capacity greater than 1MWh or are composed of more than one storage battery technology in a room or enclosed area.

23.3 General Requirements

All battery energy storage systems, all Dedicated Use Buildings, and all other buildings or structures that (a) contain or are otherwise associated with a battery energy storage system and (b) subject to the requirements of the State Building Code, shall be designed, erected, and installed in accordance with all applicable provisions of the State Building Code 780 CMR, State Fire Code 527 CMR 1.00, and State Electrical Code 527 CMR 12.00, including permits required thereunder. All battery energy storage systems shall comply with NFPA 855, Standard for the Installation of Stationary Energy Storage Systems.

Energy storage system capacities, including array capacity and separation, are limited to the thresholds contained in NFPA 855.

23.4 Permitting Requirements for Tier 1 Battery Energy Storage Systems

Tier 1 Battery Energy Storage Systems are allowed by right in all zoning districts, subject to applicable provisions of the State Building Code, Electrical Code, Fire Code, and other applicable codes.

23.5 Permitting Requirements for Tier 2 and Tier 3 Grid Scale Battery Energy Storage Systems

Tier 2 and Tier 3 Grid-Scale Battery Energy Storage Systems are subject to this bylaw and require the issuance of a special permit in those zoning districts identified in Use Regulations Schedule in Article 4, and are subject to Site Plan Review pursuant to Article 9. The following requirements apply to all Tier 2 and Tier 3 GBESS subject to this bylaw:

Utility Connections. All utility connections including associated equipment and utility equipment shall be placed underground or pad mounted, unless soil conditions, shape, or topography of the site as verified by the Town’s Consulting Engineer dictate above ground installation. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Signage. Signage shall comply with the requirements of Article 17 of this Zoning Bylaw and applicable provisions of the State Building Code, Electrical Code, Fire Code, and other applicable codes. In the event of a conflict between the provisions of Article 17 and this section, the requirements of this section shall prevail.

Lighting. Lighting of the grid-scale battery energy storage systems shall be limited to that minimally required for safety, security and operational purposes and shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, shall be shielded to eliminate glare trespassing onto abutting properties, shall be directed downward, and shall incorporate cut-off fixtures to reduce light pollution. All lighting shall comply with International Dark Sky Standards FSA Certification Requirements.

Vegetation and tree cutting. Areas within thirty feet on each side of Tier 2 or Tier 3 Grid-Scale Battery Energy Storage Systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.

Setbacks. Tier 2 and 3 Grid-Scale Battery Energy Storage Systems shall be set back a minimum of 50 feet from all side, rear, and front lot lines. Tier 2 and Tier 3 GBESS shall be set back a minimum of 200 feet from side, rear, and front lot lines that abut or are across a street from residential zoning districts or existing single, two-family, or multi-family structures. The minimum setback areas shall include a vegetated Buffer/Screening Area at least twenty feet wide along all property lines. Access drives and parking are allowed in the setback areas, but shall not intrude into the required Buffer Areas except where necessary to provide access or egress to the property. In addition, a minimum of 10 feet must be maintained, if within a building, between GBESS components and all stored combustible materials, hazardous materials, high-piled storage, and infrastructure. Other Setbacks: Grid-Scale Battery Energy Storage Systems shall be sited at least one hundred fifty feet (150’) from abutting properties’ wells and septic systems.

Fencing Requirements. Tier 2 and Tier 3 Grid-Scale Battery Energy Storage Systems, including all mechanical equipment, shall be enclosed by a minimum eight-foot-high fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building. Security barriers, fences, landscaping, and other enclosures must not inhibit required air flow to or exhaust from the GBESS and components. Electrical equipment greater than 1,000V requires a separate and additional means to restrict access. Applicants shall also comply with NFPA 855, as adopted under 527 CMR Chapter 52, requiring specialty safety systems to be provided based on the GBESS chemistry and installed location.

Screening and Visibility. Tier 2 and Tier 3 Grid-Scale Battery Energy Storage Systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. Such features may not inhibit required air flow to or exhaust from the GBESS and components and must comply with applicable setbacks.

Noise: Applicants shall provide an Acoustic Study to ensure that any increase in sound complies with Mass DEP Noise Pollution Policy and limits any increase in ambient noise to be less than 10 decibels at each property line of the GBESS facility and at the property line of the nearest residence or occupied school, hospital or similar use.

Mitigation for Disruption of Trail Networks. If existing trail networks, or woods or cart roads are disrupted by the location of a Tier 2 or Tier 3 GBESS, the plans shall show alternative trail alignments to be constructed by the applicant, although no rights of public access may be established hereunder.

Mitigation for Disruption of Historic Resources and Properties: Historic resources, structures and properties, such as cellar holes, farmsteads, stone corrals, marked graves, water wells, or pre-Columbian features, including those listed on the Massachusetts Register of Historic Places or as defined by the National Historic Preservation Act, shall be excluded from the areas proposed to be developed for a Tier 2 or Tier 3 GBESS. A written assessment of the project’s effects on each identified historic resource or property and ways to avoid, minimize or mitigate any adverse effects shall be submitted as part of the application. A suitable buffer area as determined by the Planning Board shall be established on all sides of each historic resource.

Batteries: Failed battery cells and modules shall not be stored on the site and shall be removed no later than 30 days after deemed failed by the GBESS operator or cell/module manufacturer. The operator shall notify the Hubbardston Fire Department in advance if the type of battery or batteries used on site is to be changed.

Decommissioning Plan: The applicant shall submit with its application a decommissioning plan for Tier 2 or Tier 3 GBESS to be implemented upon abandonment and/or in conjunction with removal of the facility. The owner or operator of the GBESS shall notify the Building Commissioner in writing at least twenty days prior to when a Tier 2 GBESS or Tier 3 will be decommissioned. Decommissioning of an abandoned or discontinued Tier 2 GBESS or Tier 3 shall be completed within six months after the facility ceases operation. The decommissioning plan shall include:

A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

The anticipated life of the grid-scale battery energy storage system;

The estimated decommissioning costs and how said estimate was determined;

The method of ensuring that funds will be available for decommissioning and restoration;

The method by which the decommissioning cost will be kept current;

The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the grid-scale battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

Decommissioning Fund: The owner and/or operator of the energy storage system, shall continuously maintain a fund or other surety acceptable to the Town, in a form approved by the Planning Board and Town Counsel, for the removal of the battery energy storage system, in an amount to be determined by the Town, for the period of the life of the facility. All costs of the financial security shall be borne by the applicant.

Proof of Liability Insurance: The applicant or property owner shall provide evidence of commercially liability insurance in an amount and type generally acceptable in the industry and approved by the Planning Board prior to the issuance of a building permit, and shall continue such insurance in effect until such facility has been decommissioned, removed, and the site restored in accordance with this bylaw.

All access roads to a GBESS should be at least 16’ wide, constructed of an all-weather surface, and be cleared of obstructions on both sides by at least 2’. A 16’ vertical clearance should be maintained for large vehicle access. Access gates erected onsite should be at least 12’ wide, accessible via Hubbardston Fire Department lock. Access to all four sides of each enclosure should be provided where practical.

23.6 Site Plan Application

For a Tier 2 or Tier 3 Grid-Scale Battery Energy Storage System the site plan application shall include the following information, in addition to that required by Article 9 of this Zoning Bylaw:

A one- or three-line electrical diagram detailing the grid-scale battery energy storage system layout, associated components, and electrical interconnection methods, with all State Electrical Code compliant disconnects and overcurrent devices.

A preliminary equipment specification sheet that documents the proposed gird-scale battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of the building permit.

Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the grid-scale battery energy storage system. Such information regarding the final system installer shall be submitted prior to the issuance of building permit.

Safety data sheet (SDS) that addresses response safety concerns and extinguishment.

Commissioning Plan: The system installer or commissioning agent shall prepare a commissioning plan prior to the start of commissioning. Such a plan shall be compliant with NFPA 855 and document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in applicable state codes. Where commissioning is required by the Building Code, grid-scale battery energy storage system commissioning shall be conducted by a Massachusetts Licensed Professional Engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required by applicable state codes shall be provided to the Zoning Enforcement Officer and the Hubbardston Fire Department prior to final inspection and approval and maintained at an approved on-site location.

Fire Safety Compliance Plan: Such a plan shall document and verify that the system and its associated controls and safety systems are in compliance with state codes, including documentation that GBESS components comply with the safety standards set forth in subsection 6.

Operation and Maintenance Manual: Such plan shall describe continuing grid-scale battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth state codes and NFPA 855. Maintenance provisions will be driven by manufacturer requirements for the specific listed system.

Prior to the issuance of the building permit, engineering documents must be signed and sealed by a Massachusetts Licensed Professional Engineer.

Emergency Operations Plan: An Emergency Operations Plan compliant with NFPA 855 is required. A copy of the Emergency Operations Plan approved by the Hubbardston Fire Department shall be given to the system owner, the local fire department, and local fire code official. For so long as the GBESS is operational, the operator shall provide the Fire Department, Police Department, Building Commissioner, and Town Administrator’s office with contact information for personnel that can be reached 24 hours per day every day, and this contact information shall be updated by the operator whenever there is a change in the information. The operator shall also be required to have an official representative present onsite not later than two hours after notification by the Fire Chief, Police Chief, or their designee. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:

Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.

ii.

Procedures for inspection and testing of associated alarms, interlocks, and controls, including time intervals for inspection and testing.

iii.

Procedures to be followed in response to notifications from the Grid-Scale Battery Energy Storage Management System, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.

iv.

Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.

Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.

vi.

Procedures for safe disposal of grid-scale battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment and any affected soils from the facility.

vii.

Other procedures as determined necessary by the Town to provide for the safety of occupants, neighboring properties, and emergency responders.

viii.

Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.

23.7 Ownership Change

If the owner of the grid-scale battery energy storage system changes or the owner of the property changes, the special permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special permit, site plan approval, and decommissioning plan. A new owner or operator of the grid-scale battery energy storage system shall notify the Building Commissioner of such change in ownership or operator within 14 days of the ownership change. A new owner or operator must provide such notification to the Building Commissioner in writing and meet with any permitting authority from which the original applicant received a permit.

23.8 Safety Standards a.

System Certification: Grid-scale Battery energy storage systems and equipment shall be listed by a Nationally Recognized Testing Laboratory to UL 9540 (Standard for battery energy storage systems and equipment) or approved equivalent, with subcomponents meeting each of the following standards as applicable:

UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications),

ii.

UL 1642 (Standard for Lithium Batteries),

iii.

UL 1741 or UL 62109 (Inverters and Power Converters),

iv.

Certified under the applicable electrical, building, and fire prevention codes as required.

Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 (or approved equivalent) and applicable codes, regulations and safety standards may be used to meet system certification requirements.

Site Access: Grid-Scale Battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal, at a level acceptable to the local fire department.

Grid-Scale Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70.

Abandonment: The grid-scale battery energy storage system shall be considered abandoned when it ceases to operate consistently for more than 1 year. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, after compliance with any applicable state and federal constitutional requirements, enter the property and utilize the available bond and/or security for the removal of a Tier 2 GBESS or Tier 3 and restoration of the site in accordance with the decommissioning plan.

23.9 Severability

Should any provision of this bylaw be determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions of this bylaw shall be unaffected thereby and shall continue to be valid and enforceable.

23.10 Financial Surety a.

Surety Requirement: Proponents of Tier 2 or Tier 3 projects shall provide surety in the form of cash or certified bank check, held by and for the Town of Hubbardston in an interest bearing account to cover the cost of removal in the event the town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board, but in no event to exceed more than one hundred twenty-five (125%) percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent and reviewed and approved by the Planning Board.

Payment of Surety: This surety will be due and payable prior to the issuance of the building permit. Proof of payment in the form of a receipt from the Town Treasurer will be shown to the Building Commissioner before the permits are issued. Such surety will not be required for municipal or state-owned facilities.

Removal Cost Estimate and Access: The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. As a condition of approval, an applicant shall bind itself to grant the necessary license or easement to the Town to allow entry to remove the structure. The Town shall have the right, but not the obligation, to remove the facility.

23.11 Annual Reporting Requirements

Once per year, the Owner or Operator of the tier 2 or tier 3 GBESS installation must provide a report to the Fire Department

The report must contain:

total amount of electricity acquired, stored and distributed during the past calendar year;

ii.

major maintenance performed;

iii.

planned or actual major system modifications;

iv.

change of ownership; and

changes to surety amounts.

The annual report must also include a professional safety inspection that is signed and certified by a Massachusetts Licensed Professional Engineer or Licensed Electrician.

Filing Requirement. Reports are due to the Hubbardston Planning Board by the last day of January of each calendar year.

Penalty for Failure to File: Failure to provide a timely annual report may prompt the Hubbardston Planning Board to schedule a public hearing, the purpose of which is to gather the required reporting information, and review if any violation of the Zoning Bylaw or condition of a Special Permit or Site Plan Review may have occurred, in which case the matter is referred to the Building Commissioner as Zoning Enforcement Officer. Costs incurred to publish and advertise the public hearing are borne by the Owner of the BESS installation.”

Or take any other action relative thereto.

24 Accessory Dwelling Units

24.1 Definition

⁷⁸ Adopted September 29, 2025

An Accessory Dwelling Unit (ADU) shall mean a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that:

1.1

the ADU maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress;

1.2

the ADU is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 1000 square feet, whichever is smaller; and

1.3

the ADU may be attached or detached, on the same lot as the principal dwelling unit.

24.2 Siting and Regulations

An ADU shall be allowed by right within a principal dwelling or in an accessory structure. The Inspector of Buildings may grant a building permit and occupancy certificate for an ADU subject to the following regulations:

2.1

The ADU shall conform to the minimum setbacks of the district it is located within.

2.2

No more than one ADU may be located on a lot.

2.3

The ADU shall be the lesser of ½ the gross floor area of the principal dwelling or 1000 square feet.

2.4

Any addition to an existing principal dwelling needed to create an ADU shall aggregate to be no larger than the lesser of ½ the gross floor area of the existing principal dwelling or 1000 square feet.

2.5

The domestic water and wastewater disposal system shall be adequate to serve both the existing principal dwelling and the ADU.

2.6

One additional parking space shall be required for an ADU that is more than ½ mile from a commuter rail station, or bus station.

2.7

By right siting of an ADU is allowed only within single family residential zoning districts.”

Or take any other action relative thereto.