Town of HubbardstonZoning Bylaws

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.

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.

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.

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

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.

Library, government building or facility.

Guest Houses, Bed and Breakfast Establishments.

Educational Uses.

Home occupation, as defined in Article 2.

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.²⁰

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.

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

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.

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,

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.

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.

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

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

General.

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.

Access Drives.

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.

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.

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.

Natural Environment.

Man-Made Environment.

Public Service.

Aesthetics.

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.

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 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.

A summary statement of grievance.

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

A true copy of any decision which is being appealed.

To hear and decide appeals in accordance with Massachusetts General Laws Chapter 40A, Section 8.

To hear and decide petitions for variances as set forth in Massachusetts General Laws Chapter 40A, Section 10.

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

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

Unnumbered A Zones

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 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:

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

Designation of community Floodplain Administrator

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

Recreational vehicles

Watercourse alterations or relocations in riverine areas

Requirement to submit new technical data

Variances to building code floodplain standards

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

Abrogation and greater restriction section

Disclaimer of liability

Severability section

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

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.

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:

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.:

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:

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:

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

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

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:

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

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.

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.

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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.

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.

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.

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:

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:

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.

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:

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:

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:

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.

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

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.

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.

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.

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.

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).

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.

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.

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.

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:

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.

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.

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".

Structure Type

Location and Setbacks

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

Requirements.

Process.

Filing Requirements.

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.

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.

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

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

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

Building lot requirements

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

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

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

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.

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.

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.

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

Streets and Utilities

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.

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:

Use of the Common Land

Ownership of Common Land

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.

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

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

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

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.

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.

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.

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.

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.

Fees

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

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

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.

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.

Dimension and Density Requirements

Design Standards

Safety and Environmental Standards

Monitoring and Maintenance

Abandonment or Decommissioning

Marijuana Establishment allowed by Special Permit in Residential District:

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

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.

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.

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.

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.

Conduct a Community Outreach Hearing

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.

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.

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.

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.

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:

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.

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.

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

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.

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.

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.

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

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.

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:

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.

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.

The report must contain:

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.”

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;

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

the ADU may be attached or detached, on the same lot as the principal dwelling unit.

The ADU shall conform to the minimum setbacks of the district it is located within.

No more than one ADU may be located on a lot.

The ADU shall be the lesser of ½ the gross floor area of the principal dwelling or 1000 square feet.

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.

The domestic water and wastewater disposal system shall be adequate to serve both the existing principal dwelling and the ADU.

One additional parking space shall be required for an ADU that is more than ½ mile from a commuter rail station, or bus station.

By right siting of an ADU is allowed only within single family residential zoning districts.”