Town of MonsonZoning Bylaw

Lighting shall be shielded to prevent direct glare and light trespass, and shall be contained to the target area to the extent feasible. Light trespass beyond the property line and above a 90 degree horizontal plane is prohibited.

All outdoor lighting shall have full cutoff fixtures. Cutoffs shall shield bulbs from visibility.

General site lighting shall focus light downwards in order to prevent light from going upwards or reaching off-site areas

All nonessential lighting, including display, parking and sign lighting, shall be automatically turned off after business hours, leaving only the lighting necessary for site security.

Light pole heights shall be a maximum of 25 feet for the General Commercial Industrial districts, and a maximum of 16 feet for the Central Commercial District. Greater pole heights may be allowed with site plan approval from the Planning Board.

Pedestrian lighting should be provided on high pedestrian volume corridors/areas or where a special design treatment is desired to supplement roadway/parking lighting. Pedestrian lighting

should be consistent throughout a site and minimize variance between bright and dark areas. For high crime or activity areas, higher values may permitted by the Permit Granting Authority. Commercial/industrial site lighting output standards by district Zoning District Maximum At Property Line (footcandle) (footcandle) General Commercial and 5 0 Industrial Central Commercial 5 0 Pedestrian corridors/areas 1 0

Excessive noise at unreasonable hours shall be muffled so as not to be objectionable due to volume, frequency, shrillness or intermittence.

The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any use or activity shall not exceed the following limits at the property line of the sound source:

Source Pressure Level Limits Measured in dB(A’s) District 7 a.m. - 10 p.m. 10 p.m. - 7 a.m. General & Central Commercial 65 60 Industrial 70 65 Residential 55 45 Sound pressure level shall be measured at all major lot lines, at a height of at least four

feet above the ground surface. Noise shall be measured with a sound level meter meeting the standards of the American Standards Institute, ANSI SI.4-1961 “American Standards Specification for General Purpose Sound Level Meters”. The instrument shall be set to the A-weighted response scale and the meter to slow response. Measurements shall be conducted in accordance with ANSI SI.2-1962 “American Standard meter for the Physical Measurements of Sound”.

Sound levels specified shall not be exceeded for more than 15 minutes in any one day, except for temporary construction or maintenance work, agricultural activity, timber harvesting, traffic or railway noise, church bells, emergency warning devices, parades or other similar special circumstances.

No person shall engage in or cause very loud construction activities on a site abutting residential use between the hours of 10 p.m. of one day and 7 a.m. of the following day.

The duration of exposure of disturbed areas due to stripping of vegetation, soil removal, and regarding shall be kept to a minimum.

During construction, temporary vegetation and/or mulching shall be used to protect exposed areas from erosion. Until a disturbed area is permanently stabilized, sediment in runoff water shall be trapped by using staked haybales or sedimentation traps.

Permanent erosion control and vegetative measures shall be in accordance with the erosion/sedimentation/vegetative practices recommended by the Soil Conservation Service.

All slopes exceeding 15% resulting from site grading shall be either covered with 4 inches of topsoil and planted with a vegetative cover sufficient to prevent erosion or be stabilized by a retaining wall.

Dust control shall be used during grading operations if the grading is to occur within 200 feet of an occupied residence of place of business. Dust control methods may consist of grading fine soils on calm days only or dampening the ground with water.

cylinders (or smaller) shall be exempt from these safety regulations.

Where boundaries are indicated in the right of way streets or watercourses, such boundaries shall be the centerline of the right of way.

Where boundaries approximately follow property lines and are not more than twentyfive feet (25 ft.) therefrom, the property line shall be the district boundary, with the exception of the Water Supply Protection District and the Floodplain District wherein boundaries shall always follow natural features and landscape contours shown on the maps.

Where boundaries are parallel to a street or road and fixed by dimensions on the zoning map, the distance shall be measured from the center line of such ways.

Where boundaries include the land lying under any water body or stream therein and opposite sides of the stream are in different zone districts, the zone boundary shall be considered the centerline of the stream.

Where distances are not specified on the zoning map nor otherwise determined from the above provisions, the scale of the zoning map shall be used to determine the location of the district boundary.

Where the location of a boundary line is uncertain, the Building Inspector shall determine its position in accordance with the distance in feet from other lines as given or as measured from the scale of the map.

A plan of development showing the proposed changes in use and their relation to that section of the Town, shall have been prepared.

The Planning Board shall have made a complete study of the proposal from a physical, social, economic view, as well as its effect on the Town’s furnishing services and facilities.

The Planning Board shall have prepared a written report on its findings, and the changes required in the Zoning Bylaw which shall become a part of the record of a public hearing held by the Planning Board; and,

The amendments to the Zoning Bylaw shall have been adopted by a town meeting as provided by law.

for each rental unit

Wholesale trade and storage Provided there is no manufacturing nor N N Y Y N Y N Y N warehouse, cold storage locker processing of materials. plant Town of Monson Schedule of Use Regulations (Table 1) Land Use Classification Standards & Conditions Zoning District RV RR CC GC CR I RL WSP FPD Business Uses (Cont.) Cleaning and laundry service Laundromat and dry cleaners must comply with Water Supply Protection By-Law. N N Y Y N N N Y N Mixed residential/business uses See Section 6.13. N N SP/SPA SP/SPA N N N N N ZBA ZBA Medical Marijuana Treatment N N N N N Y N N N Center/Registered Marijuana SPA Dispensary Off-site Medical Marijuana N N N N N Y N N N Dispensary SPA Marijuana Retail Establishment N N SP/PB SP/PB N SP/PB N N N Marijuana Establishments other N N N SP/PB N SP/PB N N N than Retail ( adopted 05.09.2022) Self-Service Storage Facility Provided there is no manufacturing, N N Y Y N Y N Y N processing, or sale of materials. Industrial Uses Manufacturing , processing , No use shall be permitted which would be N N N N N SP/SPA N SP/ZBA N fabrication, asssembly & storage detrimental or offensive or tend to reduce ZBA of materials, Mechanical property values in the same or adjoining products or equipment districts by reason of dirt,odor, fumes, smoke, gas, sewage, refuse, noise, excessive vibration or damage of fire or explosion. Scrapping and salvage of motor vehicles and parts is not prohibited. No operations involving the rendering of fats oils or viscera are prohibited Whole businesses distributing N N N N N Y N Y N plant The assembly of electrical appliances, instruments, product and devices, including the manufacture of parts. Foundries for non- ferrous metals the manufacture and storag3e4 of chemicals and plastics. Town of Monson Schedule of Use Regulations (Table 1) Land Use Classification Standards & Conditions Zoning District RV RR CC GC CR I RL WSP FPD Industrial Uses Painting, Publishing, packaging, No use shall be permitted which would be N N SP/ZBA SP/ZBA N Y N Y N data processing and allied uses, detrimental or offensive or tend to reduce property values in the same or adjoining district by reason of dirt,odor, fumes, smoke, gas, sewage, refuse, noise, excessive vibration or damage of fire or explosion. Research or development No use shall be permitted which would be N N N N N Y N Y N laboratory detrimental or offensive or tend to reduce property values in the same or adjoining district by reason of dirt,odor, fumes, smoke, gas, sewage, refuse, noise, excessive vibration or damage of fire or explosion. No research or testing to be conducted outdoors unless expressly permitted by Special Permit. Wholesale for retail sales of products is prohibited . Lumber yard & similar bulk N N N SP/ZBA N Y N Y N storage of materials outside a structure. Town of Monson Schedule of Use Regulations (Table 1) Land Use Classification Standards & Conditions Zoning District RV RR CC GC CR I RL WSP FPD Accessory Uses Home occupation Y Y Y Y N N N Y N The use of a portion of a dwelling or accessory building which is incidentaland subordinate to the residential use and is for gainful employment by the resident. Home occupations shall include, but not limited to the following: Doctor, dentist, lawyer, engineer, artist, teacher of academic subjects , accountant, family day care worker, real estate or insurance agent, travel agent secretarial service, tailor, dancing or music teacher, craft instructor, photographer, barber, beauty parlor operator, as well as the use of a portion of a dwelling or accessory building as a place of incidental work and storage in connection with his off-premises trade by a resident builder, carpenter, electrician, painter, plumber, or other artisan, or by a resident tree surgeon, landscape gardener, or similar person, provided that :

Such use is clearly secondary to the use of the premises for the dwelling purpose, of which the occupant must be the owner of the dwelling .

No more then two persons, other than the resident of the premises, are regularly employed therein in connection with such use.

No trading in merchandise is regularly conducted except for products made on the premises or of parts or other items customarily maintained in connection with the incidental to such merchandise.

No external change in made which alters the residential appearance of the building.

All Operations, including incidental storage, are carried on within the principal or accessory buildings,and that there is no outward evidence that the premises are being used for any purpose other than residential, except for an accessory sign.

Private garage or stables Y Y Y Y N N N SP/ZBASP/ZBA Family Day Care, Large SP/ZBA SP/ZB SP/ZBA SP/ZBA SP/ZBA SP/ZBA Y SP/ZB SP/ZB A A A Family Day Care, Home Y Y Y Y Y Y Y Y Y Sign Subject to Sign By-Law in Section 5.3 requiring a permit Y Y Y Y Y Y Y Y Y form the Zoning Enforcement Officer Swimming pool Subject to Swimming Pool By-Law in Section 6.9 Y Y SP/ZBASP/ZBA Y N Y Y N Private rasing/keeping of Parcel must be not less than 1 1/2 acres of land for first Y Y N N Y N Y Y N livestock - not a farm grazing animal and 1/2 acres for each additional animal. No accessory building for the housing of animals is allowed within 75 feet of any lot line. Unregistered vehicles Any vehicle not registered shall be stored in a building or Y Y Y Y Y Y Y Y Y in a location that is not visible from a street or way, not to include farm machinery. Table 2 Table 2: Dimensional and Density Regulations Town of Monson Dimensional and Density Regulations (Table 2) District Use Minimun Lot Area Minimum Minimum Front Minimum Side Minimum Maximum Maximum Maximum Maximum Other (sq.ft. or as noted) Frontage (ft.) Yard (ft.) Yard (ft.) Rear Yard Height (ft.) No. of Bldg. Open Space (ft.) Stories Coverage (%) (%) RV Any permitted use 20,000 125 40 15 40 40 3 25 Multi-family 31,000 125 40 40 40 40 3 25 30 15 foot landscaped buffer is required along side and rear lots abutting property not already containing a buffer strip along said lot line. Maximum number dwelling units per structure: 4. Congregate housing 31,000 plus 2,000 125 40 40 40 40 3 25 30 Maximum number for elderly or per bedroom dwelling units per handicapped structure: 6 RR Any permitted use 60,000 200 50 20 50 40 3 15 Congregate housing Per dwelling units: For 3 dwelling 75 75 50 40 3 20 40 Maximum number for elderly or 44,000 units: 300 dwelling units per handicapped structure: 4 Open Space 10 acres 500 500-foot buffer off community (landscaped existing way buffer along a way) Per dwelling unit: 125 40 20 40 40 3 15 New building lot 30,000 newly created way Kennel More than 3 but less 200 500 500 500 15 1 10 75-foot landscaping than 10 dogs: 4 buffer required along acres: ten or more side and rear lots dogs: 10 acers abuttung property already containing buffer strip along lot line Multi-Family 10 acres 500 150 100 100 40 3 20 30 Maximum number of units per structure:8 75-foot landscaping buffer required a side and rear lots abuttung property already containing buffer strip along lot line Per dwelling unit : 200 50 20 50 20,000 Estate Lot 10 acres 40 50 20 50 40 3 25 Town of Monson Dimensional and Density Regulations (Table 2) District Use Minimun Lot Area Minimum Minimum Front Minimum Side Minimum Maximum Maximum Maximum Maximum Other (sq.ft. or as noted) Frontage (ft.) Yard (ft.) Yard (ft.) Rear Yard (ft.) Height (ft.) No. of Bldg. Open Space Stories Coverage (%) (%) CC Any permitted use 15,000 100 20 note "a" 10 notes "b' & 20 note "b" 40 3 50 "c" Motel or motor inn 15,000 plus 2,000 100 20 note "a" 50 75 40 3 50 per rental unit GC Any permitted use 50,000 200 40 note "a" 12 notes "b" 30 note "b" 40 3 40 CR Camping trailer 25 acres 500 200 75 note "d" 70 note "d" 40 3 30 40 Maximum number of campground campsites per acers: Town of Monson Dimensional and Density Regulations (Table 2) District Use Minimun Lot Area Minimum Minimum Front Minimum Side Minimum Maximum Maximum Maximum Maximum Other (sq.ft. or as noted) Frontage (ft.) Yard (ft.) Yard (ft.) Rear Yard (ft.) Height (ft.) No. of Bldg. Open Space Stories Coverage (%) (%) I Any permitted use 40,000 150 40 30 30 40 note "f" 3 note "f" 40 FPD Any permitted use 40,000 note "e" 40 30 20 40 3 25 WSP Any permitted use note "e" note "e" note "e" note "e" note "e" note "e" note "e" note "e" Notes from Table 1 & 2 Note a Front yards across the street from a residential district shall be landscaped with no parking in such yards. Note b Side and rear yards shall have a 20-foot wide buffer as described in Section 5.1.10 of existing Bylaw. Note c Where each owner of abutting lots in CC district agrees to build on a common lot line, no side yard shall be required, provided that no building or group of attached buildings constructed on separately owned lots shall result in combined rear yards, exceed 200 feet in total length between side yards giving vehicular access to a street or way. Note d Side yard shall have a 100-ft. wide buffer and the rear yard shall have 200-ft. wide buffer as described in Section 5.1.10 of existing Bylaw. Note e Within the overlay district, the dimensional regulations of the underlying district shall remain in effect. Note f For a maximum building height over 40 feet in the industrial district, a special permit from the Fire Chief must be obtained. Note g The raising and keeping of livestock for the private use of the owner is permitted as an accessory use on a parcel which is not agriculturally exempt, but which contains not less than one and one-half (1 1/2) acres of land for the first grazing animal unit and an additional one half (1/2) acre of land for each additional grazing animal unit providing no accessory building for the housing of animals is located within 75 feet of any lot line. Note h The Board shall place such reasonable restrictions and conditions upon the granted exception as they deem necessary under the purpose of the Zoning Note i Public Utility installations, provided there are no service or storage yards in connection therewith, as a special permit for an exception after approval of the Board of Appeals. The Board of Appeals may require such safeguards as will preserve the residential character of the neighborhood. Note j Public utility building or structure, including storage yard, where properly landscape buffered from any other use. Note k Automotive service stations, public garages, and repair garages, provided:

No part of such use shall be less than 100 feet from a residence district;

No vehicular access from such premises to a street shall be less than 300 feet along a street to the nearest part of property used or held to used for a school, library, church, playground, park, recreation, social or community center, or a hospital or institution for the ill, handicapped or feeble;

Vehicular accesses to such premises shall not be located where they will constitute a traffic hazard; such entrances and exits to street shall be approved by the Select Board as to location and construction with the intents and purposes of this Bylaw.

Change or extension of the use;

Change from a nonconforming use to another, less detrimental, nonconforming use.

Reconstructed, extended or structurally changed;

Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner.

Alteration to a structure which is located on a lot with insufficient area, where such alteration complies with all current setback, yard, building coverage, and building height requirements.

Alteration to a structure which is located on a lot with insufficient frontage where such alteration complies with all current setback, yard, building coverage, and building height requirements.

Alteration to a structure which encroaches upon one or more required yard or setback areas, where such alteration complies with all current setback, yard, building coverage and building height requirements.

Alteration to a nonconforming structure which will not increase the footprint of the existing structure providing that existing height restrictions shall not be exceeded.

Alteration to the side or face of a structure which is nonconforming with regard to a required yard or setback area where such alteration will not encroach upon such area to a distance greater that the existing structure.

Reconstruction of said premises shall commence within two years after such catastrophe or demolition. Notwithstanding the previous sentence, a nonconforming structure destroyed or partially destroyed so as to be unable to be used by the June 1, 2011 F-3 tornado may extend for up to one (1) year the timeframe to reconstruct said premises for a total of up to three (3) years. However no extension under this sentence shall be granted beyond June 2, 2014.

Amended

The reconstructed building(s) shall be located on the footprint and within the cube of the original nonconforming structure, as defined by the preexisting footprint and height thereof.

Conservation of water plants and wildlife.

Outdoor recreation, including play areas, nature study, boating, fishing and hunting where otherwise legally permitted, but excluding buildings and structures.

Wildlife management areas, foot, bicycle, and/or horse paths and bridges, provided such uses do not affect the natural flow pattern on any watercourse.

Grazing and farming, including truck gardening and harvesting of crops.

Forestry and nurseries.

Dwellings lawfully existing prior to the enactment of this Bylaw with a valid Permit for Substantial Improvement.

Temporary, non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.

Permits are required for all proposed development in the Floodplain Overlay District; A permit is required 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.

Assure that all necessary permits are obtained. 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 requirements apply in the Flood Plain District: In A Zones, in the absence of FEMA Baseline Flood Elevation (BFE) data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A 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.

The following provisions apply in the Floodway designated on the FBFM:

Solid waste landfills, junkyards and dumps.

Business and industrial uses, not agricultural, which manufacture, use process, store or dispose of hazardous materials or wastes as a principal activity, including but not limited to metal plating, chemical manufacturing, wood preserving, furniture stripping, dry cleaning and auto body repair.

The outdoor storage of salt, other de-icing chemicals, pesticides, or herbicides shall be prohibited without suitable overhead protection from weather. All storage shall be within an impervious containment area.

Draining, dredging, excavation or disposal of soil or mineral substances, except as necessary for permitted uses or uses allowed by special permit, as specified in the Earth Removal Bylaw, Section 6.6.

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

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.

Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Monson.

Preserve and protect existing and potential sources of drinking water supplies;

Conserve the natural resources of the town; and

Prevent temporary and permanent contamination of the environment.

Permitted Uses. The following uses are permitted within the Water Supply Protection District, provided that all necessary permits, orders, or approvals required by local, state, or federal laws are also obtained: 1.Conservation of soil, water, plants, and wildlife; 2.Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;

Prohibited Uses. The following uses are prohibited:

Uses and Activities Requiring a Special Permit. The following uses and activities are permitted only upon the issuance of a Special Permit by the Special Permit Granting Authority (SPGA) under such conditions as they may require:

The Special Permit Granting Authority (SPGA) under this bylaw shall be the Monson Planning Board. Such special permit shall be granted if the SPGA determines, in conjunction with the Board of Health, the Conservation Commission, and Town Water and Sewer Department that the intent of this bylaw, as well as its specific criteria, are met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The SPGA shall document the basis for any departures from the recommendations of the other town boards or agencies in its decision

Upon receipt of the special permit application, the SPGA shall transmit one copy to the Board of Health, the Conservation Commission, and Town Water and Sewer Department for their written recommendations. Failure to respond in writing within 35 days of receipt by the Board shall indicate approval or no desire to comment by said agency. The applicant shall furnish the necessary number of copies of the application.

The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in Section 4.16 of this bylaw, and any regulations or guidelines adopted by the SPGA. The proposed use must:

The SPGA may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the municipality.

The applicant shall file six copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the SPGA and be stamped by a professional engineer. Qualified professionals shall prepare all additional submittals. The site plan and its attachments shall at a minimum include the following information where pertinent:

Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and clean-up procedures;

Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces;

Evidence of compliance with the Regulations of the Massachusetts Hazardous Waste Management Act 310 CMR 30, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection.

The SPGA shall hold a hearing, in conformity with the provision of M.G.L. Chapter 40A, Section 9, within 65 days after the filing of the application and after the review by the Town Boards, Departments, and Commissions. Notice of the public hearing shall be given by publication and posting and by first-class mailings to "parties of interest" as defined in MGL Chapter 40A, §11. The decision of the SPGA and any extension, modification, or renewal thereof shall be filed with the SPGA and Town Clerk within 90 days following the closing of the public hearing. Failure of the SPGA to act within 90 days shall be deemed as a granting of the permit. However, regardless of how the permit is approved, no work shall commence until a certification of the permit from the Town clerk is recorded as required in MGL 40A § 11

Create, preserve and enhance areas considered to be of natural scenic beauty including wooded canyons, ridges and fine vistas or viewsheds.

Regulate removal, filling, excavation or alteration of land within a scenic area, which is likely to have a significant adverse effect on watershed resources or natural scenic qualities.

Prominent Ridgelines: Ridgelines that form the limits of significant viewsheds and provide a natural backdrop for village development. They vary considerably in scale, width, scope, length, alignment, accessibility and relationship to adjacent uses.

Viewsheds: Locations that provide the observer a visual perspective of the area in terms of foreground, middleground, and background.

Surface mining;

Pipelines located above ground;

Power plants;

Refineries or oil or gas tanks storing over 5,000 gallons above ground;

Auto sales, storage, or salvage yards;

Solid waste disposal sites;

Wrecking yards.

In accordance with the provisions of Chapter 40A of the Massachusetts General Laws, a Scenic District Review Board is hereby established. The Scenic District Review Board shall review applications for all actions that are subject to the provisions of this section and shall make recommendations to the appropriate decision-making body concerning the conformance of the proposed action to the design review standards contained herein.

The Scenic District Review Board shall consist of five members. Appointments to the Scenic District Review Board shall be made as follows:

The terms of all members of the Scenic District Review Board shall be three years, except that when the Board is originally established, the Select Board shall make their appointments for a two-year term and the Conservation Commission shall make their appointments for a one-year term.

Applications for all actions subject to review by the Scenic District Review Board shall be made by completing an application form and submitting it to the Building Inspector. Application forms are available from the Office of the Building Inspector.

All applications to the Scenic District Review Board shall include all information required by the rules and regulations of the Scenic District Review Board, as applicable, in addition to any other information that is required under this Bylaw as part of an application for a special permit, variance or building permit.

Upon receipt of an application for Scenic District review, the Building Inspector shall immediately transmit the application to the Scenic District Review Board. The Scenic District Review Board shall review the application and return its recommendations in writing to the Building Inspector within twenty (20) days of the receipt of the application. If the application for Scenic District review is associated with an application for a variance or a special permit, the Building Inspector shall immediately transmit the Scenic District Review Board’s recommendations to the Planning Board or Zoning Board of Appeals respectively.

Plot plan;

View points - Photographs of the development site taken from points along the street, together with a map indicating the distance between these points and the site;

Placement, height and physical characteristics of all existing and proposed buildings and structures located on the development site;

Landscape plan; and

Existing and finished topography of proposed development site map with at least fivefoot contour lines.

Scenic District review should ensure that when man-made structures are built in scenic areas, they are sensitively related to the natural setting and that special consideration has been given to their siting and design.

Any Scenic District application may be approved where consistent with the following:

Additionally, design should be aimed at achieving an aesthetic standard or goal in harmony with nature. The following design elements should be given special consideration:

Buildings and landscaping are to be designed and located on the site to blend with the natural terrain and vegetation and preserve the scenic character of the site.

Building sites shall be directed away from the crest of hills in order to preserve the integrity of the area.

Retaining walls may be used to create usable yard space in the side and rear yard. Retaining walls in the exposed side and downhill portion of a lot shall be screened with appropriate landscaping materials.

Building materials shall blend with the natural landscape.

Structures, signs, and plant materials are to be constructed, installed, planted, or painted to complement and enhance scenic views.

Potentially unsightly features such as parking lots, communication towers, etc., are to be located in areas not visible from the street in the Scenic District. Where it is not possible to locate such features out of view, they are to be screened from view by planting and/or fences, walls, or berms. Screening as required under this Section is to utilize primarily natural materials rather than solid fencing, preferably vegetation in conjunction with low earth berms.

Any grading or earth-moving operation in conjunction with a proposed development is to be planned and executed in such manner that final contours appear to be consistent with the existing terrain both on and adjacent to the site.

The number of access roads to or from the street in the Scenic District is to be minimized wherever possible, consistent with safety and circulation needs.

Business or industrial uses other than restaurants, recreation, or travel-related uses such as gasoline service stations and roadside stands are to be conducted entirely within enclosed buildings. 10.Trees or groves, which contribute to the visual attractiveness of the site, may not be removed, unless necessary for safety reasons or to provide the least cleared area sufficient to locate and construct approved roads and structures on the site. Selective clearing of vegetation may be permitted where views may be presently obscured by such vegetation adjoining or within 200 feet of a public or private way, subject to approval of tree removals. 11.The size, height and design of on-premise signs should be the minimum necessary for identification. 12.Utilities shall be constructed and routed underground except in those situations where natural features prevent the underground siting or where safety considerations necessitate aboveground construction and routing. Aboveground utilities shall be constructed and routed to minimize detrimental effects on the visual setting. 13.Developments for more than one structure shall incorporate variable setback, multiple orientations, and other site-planning techniques to avoid the appearance of a solid line of development.

The Scenic District shall comply with the earth removal procedural guidelines as specified in Section 6.6.1 of this Bylaw. However, the applicant may submit, or the Planning Board may require, any further information, which will assist in the review and which, is deemed necessary to determine the effect of the proposed activity in the Scenic District.

The applicant shall comply with all requirements of Section 6.6.3 of this Bylaw.

Additional exceptions - the following shall be used as additional exceptions to the earth removal Bylaw for Scenic Districts:

Violation and Enforcement

To promote highway traffic safety and protect the capability of state and local roads to conduct traffic smoothly and efficiently;

To promote an attractive and viable commercial district and expand the commercial tax base of the Town;

To protect the rural character, aesthetic visual qualities and property values of the Town and neighboring properties;

To discourage unlimited commercial “strip development” and curb cuts along existing roads and encourage commercial growth in nodes and clusters;

To promote walking, biking and a pleasant outdoor environment for street life (use of public and semi-public space);

To protect and recharge water resources;

To minimize light pollution;

To prevent degradation of natural and landscape features as part of the development process;

To reduce use of potable water;

To reduce heat pollution, also known as urban heat island effects; and

To implement the goals of the Community Plan for Monson Center.

The number of curb cuts on local roads shall be minimized. To the extent feasible, access to businesses shall be provided via one of the following:

One driveway per business shall be permitted as a matter of right. Where deemed necessary by the Planning Board, two driveways may be permitted as part of the Site Plan Approval process, which shall be clearly marked “entrance” and “exit”.

Driveway widths shall be limited to the minimum for safe entering and exiting.

All driveways shall be designed to afford motorists exiting on to local roads with safe sight distance as determined by the American Association of State Highway and Transportation Officials (AASHTO), Chapter 3.

The proposed development shall have assured safe interior circulation within its site by separating pedestrian and vehicular traffic.

General Commercial Development

Village Center Commercial Development

Where power lines are present, trees shall be placed as far back from the power lines as possible, and it is acceptable to select smaller (at maturity) and slower growing shade trees or ornamental trees (e.g. American Hornbeam, Amur Maple, Eastern Red Bud, Flowering Dogwood, etc.)

Parking Areas

Natural Features and Soil Preservation Development and landscaping plans shall, to the extent feasible:

Tree Preservation Development and landscaping plans shall, to the extent feasible:

Reduction of Water Use Development and landscaping plans shall, to the extent feasible:

Additional Requirements

The combined total square foot area of a sign or signs must be in accordance with the schedule shown below:

Type of District Max. Sq. Ft. Residential 3 Temporary (residential) 6 General & Central Commercial 100 Industrial 100 Temporary (Commercial & Industrial) 20 Churches, Public Schools, Libraries, Museums and Parks, Parish Houses and Schools, Philanthropic Institutions, Playgrounds and Municipal Buildings 10 Where more than one sign is desired, several signs may be used provided that their total combined area does not exceed the amounts shown in the schedule. The combined area of all signs shall not exceed the amounts allowed in this schedule.

Any traffic or directional signs owned or installed by a government agency shall be permitted.

If affixed to, suspended from, or incorporated as part of a building, no sign or advertising device shall project more than 24 inches over or beyond any building.

If any sign is supported by or suspended from a pedestal, post, or tree, it cannot project more than 24 inches over or into any pedestrian or vehicular way customarily used by the public.

No sign shall project or extend more than six (6) feet above the eavesline or parapet of any building to which it is affixed.

If any sign or advertising device is free standing, it cannot extend more than twelve

feet above ground level.

Signs printed or placed on the inside of the window shall be permitted, provided that the aggregate area of such signs does not exceed twenty (20) percent of the area of the window glass or six (6) square feet, whichever is the lesser.

No sign nor advertising device shall incorporate, or be lighted by flashing or blinking lights, or be designed to attract attention by a change in intensity or be repeated motion.

No sign shall constitute a hazard to pedestrian or vehicular traffic because of intensity or direction of illumination.

Any illumination provided for signs shall be white only, the light-source lamp or tube shall be shaded from view off the premises; and the light shall not be intermittent.

Signs shall be located at least twenty (20) feet from the front lot line, unless it is attached to the front wall of a building located less than twenty (20) feet from the front lot line.

Signs should not project into or over a public way and are not attached to poles of telephone or electric light power companies.

No sign shall be posted on vegetation.

One sign not over three square feet in area for each family residing on the premises. Such signs may include identification of any accessory professional office or other accessory use permitted in any residential district.

Except for a professional nameplate and a residential number plate, any sign in any residential district shall be set back at least twenty feet from the front lot line unless it is attached to the front wall of a building located less than 20 feet from the street lot line.

No billboard or sign on which the principle product or service advertised is not regularly produced or available on the premises shall be erected or maintained.

One identification sign for each membership club, funeral establishment, community facility or public facility is permitted provided that the sign shall not exceed ten (10) square feet in surface area.

Signs pertaining to the lease or sale or use of a lot or building provided that such signs do not exceed a total area of six (6) feet. Such signs shall be removed forthwith upon sale or rental of the premises advertised.

Signs prohibiting trespass, hunting and the like, not to exceed two (2) square feet.

Signs designating historical places, natural resources or points of interest must be of a size and design approved by the Historical Commission or by the Scenic District Review Board.

Signs permitted in the Residential Districts subject to the same regulation.

The TOTAL maximum area of all advertising signage shall be 100 square feet; the maximum height to the top of the sign face shall be fifteen (15) feet. All dimensions include border, trim, cutouts and extension but exclude base or apron supports and other structural members.

Signs affixed to, suspended from, or incorporated as part of a building, provided that the total area of the sign on a wall shall not exceed twenty (20) square feet.

A marquee over the principle entrance to a place of public assembly.

One square foot of freestanding signage is permitted for each foot of street frontage. Signs in excess of (20) square feet in surface area but less than one hundred (100) square feet in surface area require a special permit from the ZBA. Freestanding signs shall be setback at least fifteen (15) feet from any street or lot line; and, it shall be erected at a height of not less than five (5) feet nor more than fifteen (15) feet above ground or sidewalk.

Museums, Libraries, Art 2 1 Galleries, Government Buildings, Craft Centers 4 3

Social/Fraternal Clubs and Organizations 5 5 1 space per 3 seats in portion 1 space per 5 seats in the

Indoor Recreation of the building used for Facilities services

Churches and Places of Worship Day Care Centers 1 space per 4 children at max. capacity Elementary, Middle and High 1 space per 3 seats in the Schools auditorium (plus one space for each 10 students for High Schools) Nursing Home 3 Business General Office Building 4 Medical Office Building 8 Bank/Personal Services 3 Free Standing Retail 3 Small Shopping Centers 6 Big Box Retail 4 Gymnasiums, Physical Fitness 3 Centers, Health Spas, Martial Arts Centers and Dance Studios Restaurants, Taverns 10 Drive-Thru Restaurant 9 Commercial Kennel, 3 veterinary establishments Hotels, Motels, Tourist Home 1.2 spaces per guest room or suite Automotive Repair and/or 4 Service Automotive Sales and/or 3 Rentals Outdoor Recreation Facilities As determined by the Special Permit Granting Authority based on a parking demand study. Industrial Industrial Plant 2 Warehouse 1 Self Service Warehouse 1 space per 10 compartments portion of the building used for services 1 space per 8 children at max. capacity 1 space per 5 seats in the auditorium (plus one space for each 10 students for High Schools) 1 space per guest room or suite As determined by the Special Permit Granting Authority based on a parking demand study. 1 space per 20 compartments Other Any use permitted in this Closest similar use as shall be Closest similar use as shall be Bylaw not interpreted to be determined by the Building determined by the Building covered by this schedule Inspector Inspector

ft. in the case of a parking lot, or at least 130 sq. ft. in the case of garage parking, with free access to each space.

Provisions shall be made for the loading and unloading of all trucks off the street and highway right-of-way, and without encroachment of required areas. The adequacy of space, and suitably located area, shall be determined among other things by expected volume, building use, and relation to streets and access driveways.

Not less than one loading space, 10 ft. x 25 ft. with 14 ft. height clearance, shall be required for a building with a gross floor area of 10,000 sq. ft. or more.

Location and layout.

Shared Parking

In the Central Commercial District the Planning Board may issue a Special Permit permitting the use of parking spaces for more than one use on the same parcel or on a lot that is in the same ownership as, and located within, five hundred (500) feet of the uses when they find that the applicant has submitted an adequate Parking Management Plan (including supportive documentation) showing that:

Off-Site Parking

In the Central Commercial District the Planning Board may issue a Special Permit permitting the providing of required parking for a use on a lot that is not under the same ownership when they find that the applicant has submitted an adequate Parking Management Plan (including supportive documentation) showing that:

Reduction of Required Parking

In the issuance of a required Special Permit or Site Plan Approval the permitting authority can approve a reduction of up to 20% in the number of required parking spaces in Section 5.4.5.1 where the applicant can provide a Parking Management Plan demonstrating that a reduction is warranted as a result of the utilization of transportation demand management measures which reduce automobile use, which may include:

Access/Curb-Cuts to Off Street Parking Areas

Access to lots shall be in accordance with the provisions of Section 5.2.3. In an effort to reduce the number of curb-cuts and turning movements onto Main Street, where an existing parcel has more than one curb-cut accessing onto Main Street, the Planning Board may issue a Special Permit allowing for a reduction of up to an additional 20% of required parking spaces where they find that:

Combined Parking Lots

Abutting property owners are encouraged to coordinate parking layouts, including combining and connecting, with adjacent parking lots. In the issuance of a required Special Permit or Site Plan Approval the permit granting authority can waive setback and related requirements to achieve this where the applicant demonstrates that the parking design improves traffic circulation and provides better utilization and higher occupancy rates and minimizes trips onto Main Street. The permit granting authority may also permit a reduction in the number of parking spaces required if the applicant demonstrates that the combined parking will still provide sufficient parking to meet the needs of the project.

Fees-In-Lieu of Parking

Within the Central Commercial District, in cases where it is not possible or desirable to meet the required number of off-street parking spaces, the Planning Board may issue a Special Permit allowing a fee of $2,000 per required parking space to be paid to the town of Monson for required off-street parking spaces not provided where they find that:

No land shall be used for multiple dwelling purposes, and no building shall be altered, enlarged, nor erected for multiple dwelling use, except in a “Multiple Dwelling District”, established after a public hearing and a town meeting under the Zoning Enabling Act, except as provided in Section 3.1. No multiple dwelling district shall be approved until the Monson Board of Health shall have determined that the land will be suitable and safe for the disposal of sanitary sewage, and that an adequate potable water supply will be provided.

After establishment of a Multiple Dwelling District, the use of land therein shall be subject to a Special Permit issued by the Board of Appeals in conformance with the requirements of this Section.

No zoning permit shall be issued for a multiple family dwelling or accessory building, except in strict conformance with the site plan, endorsed with the approval of the Board of Appeals. A certificate of occupancy shall not be issued for a multiple family dwelling until all of the requirements of this Section have been met, unless incomplete public improvements and protective provisions are covered by a performance bond, filed with and acceptable to the Board of Appeal.

The applicant for an establishment in a multiple dwelling district shall submit to the Board of Appeals an application on the prescribed form, together with a site plan, topographic map, and date containing all of the information required hereafter. All public improvements and all streets shall be provided under the rules and regulations governing the subdivision of land for the Town of Monson, including bonding for said facilities. Prior to a public hearing on such application, the Planning Board and the Conservation Commission shall make a report with recommendations to the Board of Appeals, which report shall cover:

In Multiple Dwelling Districts, no parts of any building nor structure shall be used, except for:

Multi-family structures shall have access on roads having sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic generated by the site.

More than one dwelling may be placed on a lot, but no principal structures shall be placed closer to each other than 50 feet and must be visually separated by trees and plantings. In addition, each dwelling must be provided with access, drainage and utilities functionally equivalent to that provided under the Planning Board’s Subdivision Rules and Regulations.

Parking areas shall not be located within a required front, rear or side yard as specified in the dimensional regulations and shall be screened from public ways and adjacent or abutting properties by building location, fencing or planting. No individual parking area shall contain more than twenty (20) spaces. Two parking spaces shall be provided for each dwelling unit. One additional space for visitor parking shall be provided for every ten resident parking spaces.

No building shall be floodlit. Drives and parking areas shall be illuminated only by shielded lights not higher than fifteen (15) feet.

Multi-family structures shall be separated from adjacent properties by buffer strips consisting of trees and/or fencing sufficient to minimize the visual and noise impacts of the development.

In the Rural Residential district, a minimum of 40% of the area of each lot shall be permanently reserved as open space. A minimum of 50% of land reserved as open space shall be grassed or landscaped land available for active and passive recreation.

Connecting walkways shall be provided between structures and parking areas within the site.

All land not devoted to dwellings, accessory uses, roads, or other development shall be set aside as common land for recreation, conservation, or agricultural uses which preserve the land in essentially its natural condition.

For dwellings to be served by on-site water and waste disposal systems, the applicant shall submit a septic system design prepared by a certified engineer and approved by the Board of Health and a plan illustrating the location of water supply wells with the special permit application. No septic system serving the project shall exceed 2,000 gallons per day sewage flow. More than one septic system may serve the site in order to meet this requirement.

Dwellings with on-site waste disposal systems shall be allowed only upon demonstration by the applicant that the groundwater quality of the boundaries of the lot will not fall below the standards established by the Massachusetts Department of Environmental Protection in the published “Drinking Water Regulations,” or by the U.S. Environmental Protection Agency in the published “Drinking Water Regulations” or where groundwater quality is already below these standards, upon determination that the activity will result in no further degradation. Where compliance is in doubt, the Zoning Board of Appeals may hire a Professional Engineer to analyze and certify groundwater quality impacts, and may charge the applicant for the cost of such analysis.

If a multi-family development is owned by more than one person or converted to ownership of more than one person, a non-profit, incorporated community association shall be established, requiring membership of each property owner in the development. The community association shall be responsible for the permanent maintenance of allcommunal water and septic systems, common open space, recreational and thoroughfare facilities. A community association agreement of covenant shall be submitted with the special permit/site plan approval application guaranteeing continuing maintenance of such common utilities, land and facilities, and assessing each lot a share of maintenance expenses. Such agreement shall be subject to the review and approval of Town Counsel and the Permit Granting Authority.

Such agreements or covenants shall provide that in the event that the association fails to maintain the common open land in reasonable order and condition in accordance with the agreement, the Town may, after notice to the association and public hearing, enter upon such land and maintain it in order to preserve the taxable values of the properties within the development and to prevent the common land from becoming a public nuisance. The covenants shall also provide that the cost of such maintenance by the Town shall be assessed ratably against the properties within the development.

All common open land shall be either:

In any case where such land is not conveyed to the Town, a restriction enforceable by the Town shall be recorded to ensure that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadways. Such restrictions shall further provide for maintenance of the common land in a manner which will ensure its suitability for its function, appearance, cleanliness and proper maintenance of drainage, utilities and the like.

The applicant shall comply with all requirements of Sections 6.2.2 and 6.2.3 of this Bylaw.

Congregate elderly and handicapped dwellings shall comply with all dimensional regulations for multi-family dwellings contained in the dimensional and density regulations.

The maximum number of elderly or handicapped occupants per structure shall not exceed six.

of this Bylaw, and in accordance with the additional requirements specified herein.

Allow for greater flexibility and creativity in the design of residential subdivisions, provided that the overall density of the development is no greater than what is normally allowed in the district;

Encourage the permanent preservation of open space, agricultural lands and other natural resources;

Maintain the traditional New England rural character and land use pattern in which small villages contrast with open space and farmlands;

Facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner;

Encourage a less sprawling form of development that consumes less open land.

The development shall include single-family dwellings only.

The minimum land required for a cluster development shall be ten (10) acres and the parcel shall be held in single ownership or control at the time of application.

Each lot shall have adequate access on a public or private way.

Each lot shall be of a size and shape to provide a building site, which shall be in harmony with the natural terrain and other features of the land.

There shall be an adequate, safe, and convenient arrangement of pedestrian circulation, facilities, roadways, driveways, and parking.

The site plan shall identify the location and extent of all wetlands on the site as determined by the Conservation Commission under the Massachusetts Wetlands Protection Act, M.G.L. Chapter 131, Section 40.

All structures which require plumbing shall be connected to a public sanitary sewer, if available, or to a communal septic system at no expense to the municipality.

For dwellings to be served by on-site waste disposal systems, the applicant shall submit a septic system design prepared by a certified engineer and approved by the Board of Health and a plan illustrating the location of water supply wells with the special permit application. No communal septic system serving the development shall exceed sewage flow of 2,000 gallons per day. Septic systems shall be placed in the development to maximize the distance between systems and shall be placed within common areas rather than on individual lots. Maintenance of communal septic systems shall be the responsibility of the homeowners association specified in Section 6.4.8.

No cluster development shall be approved unless the applicant can demonstrate to the satisfaction of the Planning Board that the potential for groundwater pollution is no greater from the proposed open space community development than would be expected from a conventional subdivision with single family houses on lots meeting the normal lot size requirements located on the same parcel. Where necessary, the Planning Board may hire a Professional Engineer to analyze and certify groundwater quality impacts, and may charge the applicant; for the cost of such analysis.

A one-family detached dwelling, or lawful accessory building, may be constructed on a lot with an Open Space Community development although such lot has less area and frontage than normally required, as herein specified.

The maximum number of dwelling units permitted in an open space community shall be calculated based upon 1.5 units per acre for the net developable acreage remaining once the area of all wetlands, all areas unsuitable for on-site sewage

disposal and lands with slopes greater than twenty-five (25) percent have been subtracted from the total acreage of the property.

Under the supervision of the Conservation Commission and in accordance with the provisions of the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, all wetlands shall be identified, and their area subtracted from the net developable acreage of the total parcel.

Under the supervision of the Board of Health, and in conformance with Title V, percolation tests shall be conducted for all lots in the total acreage of the property, which would be developed in a standard subdivision layout. The area of those lots which is determined to be not suitable for on-site sewage disposal shall be subtracted from net developable acreage of the total parcel.

Lot sizes shall not be less than one-half (50%) of the minimum lot size normally required in the district, or thirty thousand (30,000) square feet per lot.

In no instance shall a designated lot have less than 100 feet of frontage on a public or private way.

The frontage requirement, the linear distance of a lot measured along the street rightof-way for the overall development, shall also be set back 500 feet from the street rightof-way by a buffer strip of at least fifty (50) feet in width which shall include trees and shall be kept in a natural or landscaped condition.

All residential structures and accessory uses within the development shall be set back from the boundaries of the development by a buffer strip of at least fifty (50) feet in width which shall include trees and shall be kept in a natural or landscaped condition.

All land not devoted to dwellings, accessory uses, roads, or other development shall be set aside as common land for recreation, conservation, or agricultural uses which preserve the land in essentially its natural condition.

The total area of common open space shall equal or exceed the area by which all single-family dwelling lots are reduced below the basic minimum lot area normally required in the zoning district.

The following lands shall not be used to meet the common open space requirements:

Further subdivision of common open land or its use for other than recreation, conservation, or agriculture, except for easements for underground utilities and septic systems, shall be prohibited. Structures or buildings accessory to recreation, conservation, or agricultural uses may be erected but shall not exceed 5% coverage of such common open land.

All common open land shall be either:

In any case where such land is not conveyed to the Town, a restriction enforceable by the Town shall be recorded to ensure that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadways. Such restrictions shall further provide for maintenance of the common land in a manner, which will ensure its suitability for its function, appearance, cleanliness, and proper maintenance of drainage, utilities and the like.

A non-profit, incorporated community association shall be established, requiring membership of each lot owner in the open space community. The community association shall be responsible for the permanent maintenance of all-communal water and septic systems, common open space, recreational and thoroughfare facilities. A community association agreement of covenant shall be submitted with the special permit/site plan approval application guarantying continuing maintenance of such common utilities, land and facilities, and assessing each lot a share of maintenance expenses. Such agreement shall be subject to the review and approval of Town Counsel and the Planning Board.

Such agreements or covenants shall provide that in the event that the association fails to maintain the common open land in reasonable order and condition in accordance with the agreement, the Town may, after notice to the association and public hearing, enter upon such land and maintain it in order to preserve the taxable values of the properties within the development and to prevent the common land from becoming a public nuisance. The covenants shall also provide that the cost of such maintenance by the Town shall be assessed ratably against the properties within the development.

Applicants for Open Space Communities shall follow the Special Permit procedures specified in Section 7.3 and the Site Plan Approval procedures specified in Section 7.4.

To promote better communication and to avoid misunderstanding, applicants are encouraged to submit a Preliminary Plan for review by the Planning Board prior to the application for a Special Permit. Such Preliminary Plans shall comply with the Town’s Subdivision Control Regulations.

The Planning Board’s approval of a Special Permit hereunder shall not substitute for compliance with the Subdivision Control Act nor oblige the Planning Board to approve a related Definitive Plan for subdivision, nor reduce any time periods for Board consideration under that law. However, in order to facilitate processing, the Planning Board shall, insofar as practical under law, adopt regulations establishing procedures for submission of a combined Site Plan/Development Plan and application which shall satisfy this section and the Board’s regulations under the Subdivision Control Act. A copy of Site/Plan Development plan shall be submitted to the Planning Board with the application for a Special Permit. Following approval of the Special Permit, a Definitive plan shall be submitted to the Planning Board consistent with their Subdivision Regulations and in substantial conformity with the approved Site Plan/Development Plan, except where the Cluster Development does not constitute a subdivision under the Subdivision Control Law.

Adequate access by driveway and turn-around for vehicles, including sanitary and emergency vehicles year round;

A width of at least fifteen (15) feet with drainage and culverts where necessary;

A maximum grade of twelve percent (12%) unless a waiver is granted by the Special Permit Granting Authority (SPGA).

Recommendation from the Highway and Fire Departments;

No parking areas or structures shall be allowed in the access strip.

A maximum grade in excess of twelve percent (12%) may be allowed on limited

sections of the estate lot driveway by a waiver granted by the SPGA if other items associated with design and construction of the estate lot driveway provide, in the opinion of the SPGA, safe and reasonable access for owners, fire, police and emergency vehicles taking into account the alignment of the driveway, the surface treatment of the driveway, the relationship of the location of the sections over twelve percent (12%) of the driveway to the compliant sections of the driveway and the overall drivability of the driveway. Sections of the driveway over twelve percent (12%) shall be limited to two hundred and fifty (250) feet in length for each noncompliant section. Noncompliant sections of the estate lot driveway shall be separated by a minimum length of two hundred and fifty

feet of driveway meeting the requirements of Section 6.5.8(c).

“Earth Material” shall include soil, sod, loam, peat, clay, sand, gravel or quarried stone and other natural earth materials.

“Board” shall mean the Zoning Board of Appeals.

Name and address of the legal owner of the land in question

Name and address of petitioner, if different.

Names and addresses of all owners of property within five hundred feet (500 ft.) of the land.

An accurate description of the land from which the earth material is to be removed.

A full statement as to the purposes of the earth removal.

A plan in ten (10) copies prepared by a registered engineer or land surveyor, showing lot lines, tract boundaries, adjacent streets and roads, the original topography by two-foot contours and the proposed final contours after the completion of operation at two-foot intervals. Within ten days after receipt of the application for the special permit for the removal of earth material, the Board shall transmit a copy to the Planning Board, Conservation Commission, Historical Commission and the Building Inspector, together with a copy of the plan, which shall be required. The above-mentioned boards, may at their discretion, investigate the matter and report their recommendations to the Board. A public hearing will be held by the Board. The public hearing may be held prior to receipt of the recommendation from the above four Boards, but no decision shall be made by the Board until after the receipt of such recommendations from the above four Boards or until the lapse of thirty days from the date of the filing of the application with the Board.

A Special permit granted hereunder by the Board shall impose reasonable conditions designed to safeguard the neighborhood and the Town, and shall include specific conditions pertaining but not limited to any or all of the following conditions:

Inspection of the premises at any time by the Board or its representatives;

In non-industrial districts, a portable stone crusher use is allowed for a duration of not more than 8 weeks in the calendar year.

Except in the industrial district, no stone crusher nor other machinery not required for actual removal of the material shall be used, unless permitted by the Board.

The depth of excavation is not increased below the grade of the lowest point excavated on the date this By-law is adopted.

The total area of excavation is not increased by more than 10% over its area on such date.

The amount of material removed per day does not exceed the maximum removed during any daily operation during the twelve months preceding the effective date of this by-law.

The conditions stated herein under which a special permit is not required shall not include removal of earth materials from the premises when major topographical changes or soil stripping or loam stripping activities are involved.

When the removal is not more than fifteen cubic yards (aggregate) in one year from one parcel of land.

When the removal is at the site of, incidental to, and in connection with the construction and alteration of a building or structure for which a building permit has been issued and to the installation of walks, driveways and similar appurtenances to said building or structure.

When the removal is incidental to the transfer of earth material from one part of a parcel of land to another part of the same parcel or to an adjacent parcel in the same ownership for the improvement of the property, provided that the area involved is suitably graded and planted thereafter.

Name and address of the legal owner of the land;

Name and address of the petitioner, if different;

Name and addresses of all owners of property within five hundred feet (500 ft.) of the land;

An accurate description of the land and the location of the proposed filling;

A full statement as to the purposes of the filling of land;

A plan in three (3) copies, prepared by a registered engineer or land surveyor, showing lot lines, tract boundaries, adjacent streets and roads, the original topography by two-foot contours and the proposed final contours after the completion of operation at two-foot intervals;

The estimated quantity of material to be added and topsoil to be stripped and replaced;

The proposed form of bond to be used. Within ten days after receipt of the application for the special permit for the removal of earth material, the Board shall transmit a copy to the Planning Board, Conservation Commission, Historical Commission and the Building inspector, together with a copy of the plan, which shall be required. The above-mentioned Boards, may at their discretion, investigate the matter and report their recommendations to the Board. A public hearing will be held by the Board. The public hearing may be held prior to receipt of the recommendations from the above four boards, but no decision shall be made by the board until after the receipt of such recommendations from the above three Boards or until the lapse of thirty days from the date of filing of the application with the Board.

The filling of land that raises the existing grade by an average of two feet or more of any area of land 2,500 square feet of more, or raises the existing grade by an average of five feet or more of any area of land 1,000 square feet or more shall require a Special Permit that is subject to at least the following conditions.

A special permit granted hereunder by the Board shall impose reasonable conditions designed to safeguard the neighborhood and the Town, and shall include specific conditions pertaining but not limited to any or all of the following conditions:

Inspection of the premises at any time by the Board or its representative.

Filling of land in conjunction with a development that requires a special permit. Any such filling, however, shall be approved as part of the Special Permit required for the development and shall meet the conditions of Sections 6.6.5 and 6.6.6 of this Bylaw.

Filling of land in conjunction with a development that requires definitive subdivision plan approval. Any such filling of land, however, shall be approved as part of the Subdivision Plan and shall meet the conditions of Sections 6.6.5 and 6.6.6 of this Bylaw.

Filling of land in conjunction with work by a Town of Monson Department. The Monson Conservation Commission, Zoning Enforcement Officer and Board of Health, however, shall approve any such filling of land, in writing, and the approval notice posted at the site.

Filling of land in conjunction with the installation of an approved Title V septic system, provided the fill is not placed closer than (10) ten feet to the side and rear property lines and does not increase the stormwater run off from the property. Applicant to provide a plan prepared by a registered engineer, showing compliance with these provisions.

Filling of land in conjunction with the construction and landscaping of a single family home, provided the grade is not raised by more than (4) four feet and the fill is not placed closer than (10) ten feet to the side and rear property lines and does not increase the stormwater run off from the property. Applicant to provide a plan prepared by a registered engineer, showing compliance with these provisions.

One apartment per single-family house is allowed.

The lot size and frontage of the single-family house must meet the requirements of the zoning district.

There shall not be more than 700 square feet of gross floor area or 35% total square foot increase in the accessory apartment whichever is larger.

The appearance of the overall structure shall retain the appearance of a single-family house.

The owner of the structure must occupy one of the two-dwelling units within the structure.

There must be adequate, on-site parking for each dwelling unit.

The Board shall require adequate plans, setting forth the changes and improvements to be made.

The Board shall place such reasonable restrictions and conditions upon the granted exception as they deem necessary under the purpose of the Zoning Bylaws.

Outdoor athletic activities, including facilities for skating, skiing, sledding, swimming, squash and tennis and related activities.

A golf course of not less than nine holes as a principal recreational use, and a par- three golf course, or putting greens and driving range accessory to a major recreational activity.

Riding academy with trails as a principal use, and the keeping and boarding of horses for riding, instruction and exhibition.

The rental of campsites as a part of commercial recreation operation subject to the Standards and Regulations of Section 6.11.5.

Activities similar to those listed above, that are commonly provided by such organizations as day camps, swimming and tennis clubs and other recreational enterprises and that are listed in the application and shown on the site plan, may be approved by the Zoning Board of Appeals subject to such additional safeguards as the Zoning Board of Appeals may require.

Except as above, residential use shall be limited to existing dwellings and one additional single-family dwelling for the owner or caretaker of the property only.

Accessory uses and structures customarily incidental to a permitted use.

Commercial Recreational Development shall be permitted only upon issuance of a Special Permit with Site Plan Approval from the Zoning Board of Appeals as specified in Sections 7.3 and 7.4 of this bylaw and in accordance with the additional requirements specified here.

The applicant shall submit five (5) copies of the Commercial Recreational Development Plan to the Zoning Board of Appeals. In addition, the applicant shall also file one copy of the Plan with the Board of Health and the Conservation Commission. The Zoning Board of Appeals may decide to forward said plan to other Town agencies and/or departments for their review.

The applicant shall submit two (2) copies of the Commercial Recreation Development Site plan to the Planning Board for review. The Planning Board shall forward its comments in writing to the Zoning Board of Appeals within twenty-one (21) days of receipt.

To promote better communication and to avoid misunderstanding, applicants are encouraged to submit a Preliminary Plan for review by the Zoning Board of Appeals prior to the application of a Special Permit. The Preliminary Plan should conform to these regulations as well as the Standards for Site Plan Review outlined in Section 7.4

The total area of the site for the Commercial Recreation Development shall be at least fifty (50) acres.

Commercial Recreation Development shall be separated from adjacent properties by buffer strips consisting of trees and/or plantings sufficient to minimize the visual and noise impacts of the campground. The buffer strip can only be used as a buffer strip, not as roads, parking, or for any other activity. Commercial Recreation Development must provide a minimum one hundred fifty foot (150) buffer strip to separate the recreational activities from the abutting properties.

No driveway for entrance and exit shall be located within one hundred fifty (150) feet of any side or rear property line. No entrance or exit from a campsite shall be allowed to move through a residential development.

The number of sites for tents, campers or travel trailers shall not exceed ten

per acre, exclusive of all public open space and wetlands.

The site plan shall identify the location and extent of all wetlands on the site as determined by the Conservation Commission under the Massachusetts Wetlands Protection Act, M.G.L. Chapter 131, Section 40.

Parking areas shall not be located within one hundred fifty (150) feet from any other property line and shall be screened from public ways and adjacent or abutting properties by trees and/or plantings. Parking spaces adequate to accommodate, under normal conditions, the vehicles of employees, members, patrons, and persons using the facilities shall be provided as determined by the Zoning Board of Appeals. No

individual parking area shall contain more than twenty (20) spaces and shall be separated by adequate buffers.

Roads, driveways and access ways shall have sufficient width, suitable grades, adequate storm drainage, and adequate construction to provide for the needs of vehicular traffic generated by the site. All roads shall provide free movement for fire equipment.

Lighting shall be so shielded as to cast no light upon adjacent property or public ways. Driveways and parking areas shall be illuminated only by shielded lights not higher than fifteen (15) feet.

Signs must conform to the rules and regulations of signs in Section 5.3 of these Bylaws.

Any commercial use of land or structure for recreational purposes shall be subject to the granting of an appropriate license by the Monson Board of Health under the provisions of Section 32A to 32D of Chapter 140 of the General Laws. No Special Permit/site plan approval shall be issued by the Zoning Board of Appeals unless and until the Board of Health has approved those aspects of the development, which come under its jurisdiction.

A minimum of 40% of the total land area in a campground shall be reserved as open space.

The Planning Board may prescribe, from time to time, rules and regulations to amend the standards and conditions set forth in these zoning regulations for Commercial Recreation Development, provided the rules and regulations are not inconsistent with the Zoning Bylaws and Chapter 40A of the General Laws of the Commonwealth of Massachusetts.

For units to be served by on-site waste disposal systems, the applicant shall submit a septic system design prepared by a certified engineer and approved by the Board of Health and a plan illustrating the location of water supply wells with the Special Permit application. No communal septic system serving the recreation facility shall exceed sewage flow of 2,000 gallons per day. Septic systems shall be placed in the development to maximize the distance between systems and shall be placed within common areas rather than on individual campsites.

No Commercial Recreation Development shall be approved unless the applicant can demonstrate to the satisfaction of the Planning Board that the potential for groundwater pollution is no greater from the proposed Commercial Recreation Development than would be expected for a conventional subdivision with single- family houses located on the same parcel. Where necessary, the Planning Board may hire a Professional Engineer to analyze and certify groundwater quality impacts and may charge the applicant for the cost of the analysis.

Development of water areas and drinking water supplies and overall distribution of the water system within the area is subject to the regulations and standards established by the Monson Board of Health and the Massachusetts Department of Public Health.

Campsite Dimensions

Campsite Utilities

Rental of Campsites

Encourage the reuse of surplus or abandoned real estate within the Town Center;

Promote a diversity of uses to improve retail, professional and other services available

to Monson residents.

Integrate appropriate limited residential uses in the commercial district.

Places of public assembly including libraries, museums, art galleries, craft centers, recreation and community centers, and membership clubs;

Retail establishments selling convenience goods such as food, drugs, and proprietary goods;

General merchandise such as dry goods, apparel and accessories, hardware, home furnishings and similar items.

Personal and consumer service establishments, medical, other professional and business offices including financial, insurance and real estate offices.

Residential uses, provided all residential units are located above the first floor/street

level of the building. Residential units may be permitted in first floor portions of the building that do not front or access the street frontage.

Applicants for Mixed Use and Mixed Residential/Business Use shall follow the Special Permit procedures specified in Section 7.3 and the Site Plan Approval procedures specified in Section 7.4.

In cases of mixed occupancy, the regulation for each use shall apply to the portion of the building or land so used.

For mixed residential/businesses uses there shall be provided on the lot at least fifty (50) square feet of usable open space which is landscaped for each dwelling unit, except in the case of existing buildings where this provision shall apply only to the maximum extent practicable. In lieu of providing open space on the ground, this requirement can also include pen areas accessible to all residents of the building provided on a balcony, deck or flat surface of a structure provided it is suitable for the use intended.

The Planning Board may issue a Special permit allowing for a reduction of Dimensional and Density requirements when establishing or re-establishing a residential use within an existing structure or establishing/re-establishing a business use within an existing residential structure. Where a mixed use or mixed residential/business use may be located in the CC and GC districts, and where such use is proposed for a structure which is in existence on the date of the adoption of this Bylaw, and which has not been substantially changed since that date, and where such use is proposed for a lot which has not been decreased in size since the date of such adoption, a reduction in certain of the requirements contained in the Table of Dimensional and Density Regulations may be authorized by Special Permit from the Planning Board and to the additional provisions:

No wireless communications facilities as defined in section 1.7 shall be erected or installed except by Special Permit from the Planning Board, acting as the Special Permit Granting Authority, in accordance with the procedures specified in section 6.14 and section 7.3 as well as such rules and regulations as officially promulgated by the Planning Board.

Any proposed modification to an existing wireless communications facility shall require Site Plan Review by the Planning Board only if there is an increase in the total square footage size of the antennas/cells.

Wireless communications facilities in existence at the time of adoption of these Regulations including guyed towers, lattice towers and utility towers may be reconstructed, altered, extended or replaced on the same site by Site Plan Review by the Planning Board.

To the extent feasible, wireless communications facilities shall be located on existing structures, including but not limited to buildings, water towers, telecommunications towers, utility poles and related facilities, provided that such installation preserves the character and integrity of those structures. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate.

To the extent feasible, wireless communications facilities shall be located so as to be as visually unobtrusive as possible from all views to the greatest extent possible. An applicant proposing a wireless communications facility shall demonstrate to the satisfaction of the Planning Board that the applicant has endeavored to minimize the visual and aesthetic impacts of the proposed facility on residential abutters; and, that the facility must be located at the proposed site due to technical, topographical or other unique circumstances.

To the extent feasible, wireless communications facilities shall be designed to accommodate the maximum number of users technologically practical. The intent of this requirement is to reduce the number of towers, which will be required within the community. New towers shall be considered only upon a finding by the Planning Board that existing or approved towers cannot adequately fulfill the applicant’s service requirements or accommodate the wireless communications equipment planned for the proposed tower.

All building-mounted facilities shall be designed and located so to appear as an integral part of the existing architecture of the building. No such facility shall project more than ten feet above the existing roof line of the building, or more than ten feet above the top of the existing structure upon which it is mounted, or more than five feet out from the plane of the existing wall or facade to which it is attached, provided that such projections do not otherwise violate existing yard dimensions or setback requirements.

Only free standing monopoles, with associated antennas and panels are allowed in new locations. Lattice style towers or any tower requiring guy wires for support are not allowed unless pre-existing on the location.

No new wireless communications tower shall be located closer than two miles to any other existing tower location in Monson to the maximum extent feasible.

All wireless communications towers shall be designed to be constructed at minimum height necessary to accommodate the anticipated and future use. In residential zoning districts, wireless communications facilities shall not exceed one hundred (100) feet in height as measured from ground level at the base of the tower.

All wireless communications towers shall be pre-engineered to fail at a predetermined height and “fold in half” in the event of a catastrophic failure.

The setback of a wireless communications tower from the lot line or street line of the lot on which it is located shall be at least equal to 150% of the tower’s height. Further, within the residential districts (RV & RR) the tower shall be located a minimum of five hundred (500) feet from existing lot lines.

All wireless communications facilities shall be painted, colored, and/or constructed of materials that minimize the visual impact of the wireless communications facilities on adjacent abutters, residential neighbors and other areas of Town; and owners of wireless communications facilities shall endeavor to install said facilities in a manner that blends them into the structure, building, tower and/or landscape where they are located. The Planning Board may impose reasonable conditions to ensure this result including but are not limited to structural design, painting, lighting, and landscaping standards.

Fencing shall be provided to control unauthorized access by the public to wireless communications facilities and shall be compatible with the scenic character of the Town and of abutting properties and shall not be of barbed or razor wire unless completely blocked from view by shrubs or other landscaping. A landscape buffer of evergreen shrubs or tree plantings shall be provided on the outside of the fenced area. All landscape plantings must be continually maintained.

Lighting shall be limited to the lighting required for emergency and for FAA compliance. All lighting shall be shielded to prevent undue impact on surrounding properties.

Accessory structures housing support equipment for towers shall not exceed four hundred square feet in area and fifteen feet in height. Design of accessory structures shall be in keeping with the character of the neighborhood.

Signs shall be restricted to warning/no-trespassing signs and an identification sign displaying the FCC registration number of the facility, the owner/operator, and an emergency telephone number where the owner/operator can be reached on a twenty-four

hour basis. All signs shall comply with the requirements of the Monson Zoning Bylaw.

To the extent feasible, all network interconnections from the communications site shall be via landlines.

Existing on-site vegetation shall be preserved to the maximum extent practicable. Clearing of land shall be performed in a manner, which will maximize preservation of natural beauty and conservation of natural resources.

A site plan in accordance with the requirements of this section and section 7.4, which shall show all lot lines, the exact location of the proposed facilities, streets, landscape features, residential dwellings all buildings within five (5) hundred feet of the facility.

A color photograph or rendition of the proposed wireless communications facilities including, but not limited to, the proposed tower with its antenna and/or panels. A rendition shall also be prepared illustrating a view of the facility from the nearest street or streets.

A technical report prepared by a professional engineer containing; (1) a description of the proposed wireless communications facilities including the technical, economic and other reasons for the proposed location, height and design; (2) a survey of all pre-existing structures, buildings or towers which are capable of supporting the equipment necessary to provide the intended service, and a technical report which demonstrates why any such structure, building or tower cannot be used by the applicant; (3) a description of the capacity of the proposed facility including the number and type of panels, antenna and/or transmitter receivers that it can accommodate and the basis for these calculations; (4) a description of the special design features utilized to minimize the visual impact of the proposed wireless communications facilities, and (5) certification of compliance with all applicable stated and federal standards.

A landscape plan showing the proposed site before and after development including topography and screening proposed to protect abutters.

Within thirty (30) days after filing the applications for any new tower or extension in height thereto, the applicant shall arrange to fly a balloon at the maximum height of the proposed installation on a weekend day between the hours of noon and 3 P.M. The balloon shall be of size and color that can be seen from every direction for a distance of one (1) mile. The date and location of the flights shall be advertised at least fourteen (14) days, but not more than twenty-one (21) days, before the flights in at least two different issues of a newspaper with a general circulation in the Town of Monson.

The Building Inspector shall annually require proof of certification demonstrating compliance with the standards of the Federal Communications Commission, Federal Aviation Administration, and the American National Standards Institute and required maintenance.

Providers of wireless Communications service shall report to the Building Inspector, any cessation in the use or operation of any wireless communications facility that exceeds thirty (30) days, and such facilities shall be dismantled and removed at the owner’s expense within one (1) year of cessation of use or operation.

Prior to the issuance of a building permit for a Wireless Communications Tower, the applicant shall post with the Town a bond in the amount set by the Planning Board. The amount shall be suitable to cover demolition, removal and disposal of the tower and its accessories in the event the Building Inspector condemns the tower or any accessory part thereto, or deems it unused for more than one (1) year. The Building Inspector shall give the tower’s owner forty-five (45) days written notice by registered mail before demolition commences. All demolition and removal costs will be billed to the tower’s owner and any unpaid amounts will become an encumbrance on the property.

The applicant shall obtain and record in the appropriate registry of deeds a limited right of access granted to the Town of Monson by the lessor/landowner giving the Town the right to enter the property and remove the tower and accompanying structures in the event that the use of the tower as a wireless facility is abandoned.

The applicant for a PURD special permit shall submit to the Planning Board a written application on the prescribed form containing all the information required hereafter including the following materials:

Said application shall contain sufficient information so that the Planning Board can determine the applicability of said application for the following items:

Said special permit shall not be issued unless the Planning Board affirmatively determines that each of the above listed criteria is met by said applicant.

One family detached dwellings;

Two family detached dwelling;

Townhouses;

Multiple dwellings not exceeding four (4) units per building;

Recreational uses and community facilities such as parks, gardens, swimming pools, tennis courts, clubhouses and community buildings;

Accessory uses customarily incidental and subordinate to the principal uses listed above, but expressly excluding any commercial or retail enterprise.

Minimum Parcel Size. The total parcel shall have a minimum area of ten (10) acres. No more than 50% shall be wetland or encumbered by easements or be unusable.

Minimum Parcel Frontage. The total parcel shall have a minimum frontage on a public way of at least fifty (50) feet. There shall be no frontage requirements within the PURD.

Front, Side and Rear Yards. The minimum front yard (setback) shall be two (200) hundred feet, the side yard and rear yard requirements shall be eighty (80) feet and each setback requirement shall pertain only to the periphery of the PURD.

Buffer Area. A landscaped buffer strip not less than thirty (30) feet wide, as described in Section 6.5 shall be provided along the perimeter of the property. Additional buffering may be required in sensitive areas at the discretion of the Planning Board. The Planning Board may modify or waive the buffering requirement where variations in topography, natural features, or compatible land uses obviate the need for such a buffer.

Where lots are not to be served by Town of Monson sewage collection system, percolation tests, in conformity with Title V, 310 CMR 15.00-15.99 as amended, shall be conducted under the supervision of the Board of Health, for all lots in the total acreage of the property which would be developed in a standard subdivision layout and using 40,000 square feet per lot. The area of those lots which is determined to be not suitable for on-site sewage disposal shall be subtracted from the developable area of the total parcel.

Under the supervision of the Conservation Commission, the total acreage of all wetlands, in accordance with the Wetlands Protection Act, M.L.G. Chapter 131, Section 40, shall be identified and their area subtracted from the developable area of the total parcel.

Building Character: Buildings shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the town through the use of appropriate building materials, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation and separation between buildings.

Building Location. Building location and orientation shall reflect:

Maximum Building Height. The maximum height of structures shall be two (2) stories and thirty-five (35) feet above the ground.

Maximum Number of Bedrooms. The maximum number of bedrooms or rooms used primarily for sleeping purposes per dwelling unit shall be two (2).

Each dwelling in a PURD shall be provided with access, drainage and utilities that are functionally equivalent to that provided under the Planning Board’s Subdivision Regulations. All utilities shall be placed underground.

All structures which require plumbing shall be connected to a private well or public water supply, if available, and where units are to be served with an on site sewage disposal facility, shall meet the requirements of Title V, and the Subdivision regulations and have Board of Health approval.

There shall be an adequate, safe, and convenient arrangement of pedestrian circulation, roadways, driveways and parking.

Vehicular access to the PURD shall be provided from an existing public way, which in the opinion of the Planning Board is adequate to service the proposed development. As a matter of public safety, an alternate emergency access may be required.

Roads within the PURD shall be privately owned and maintained and shall be designed with sufficient width, suitable grade and adequate construction to safely provide for the needs of vehicular traffic generated by the development. Access roads shall be designed and constructed according to the requirements of the Monson Subdivision Regulations or as otherwise modified by the Planning Board.

Garages or off-street parking spaces, or a combination thereof, shall be provided for all occupants, employees, and visitors, and shall be not less than two (2) spaces per dwelling unit. Storage of vehicles other than passenger cars and light trucks intended for passenger use shall be allowed only with specific Planning Board approval.

A parking area for recreational vehicles shall be established with as a minimum one space for every two dwelling units, each space shall be as a minimum 12 feet wide by 40 feet long. The parking area in the PURD shall be so located as not to be seen from abutting property. Screening from abutting property may be accomplished by housing the recreational vehicles in buildings, by natural or constructed embankments, by vegetation or any combination thereof.

Where the length of the dead end access is greater than 750 feet, a boulevard shall be constructed, with two travel paved ways each 18 feet wide with a 12-foot wide grassed strip separating each paved way.

Access to existing public way maintained by the town shall have a 10-foot landscaped buffer each side.

A coordinated landscape design for the entire project area, including landscaping of structures, parking areas, driveways and walkways, and buffer strips, shall be submitted for approval by the Planning Board.

Wherever possible, existing trees and vegetative cover shall be conserved and integrated into the landscape design.

Proper maintenance of the landscaping, including the buffer strip, shall be the responsibility of the owner, and shall be a condition of conformance with the Zoning bylaw.

No building shall be floodlit. Lighting for drives; parking areas, walkways and entranceways shall be in accordance with Section 5.1.2.

All land within the PURD which is not covered by buildings, roads, driveways, parking areas or other development, or which is not set aside as private yards, patios or gardens for the residents, shall be common open space. The areas of the common open space shall equal at least twenty five percent (25%) of the total area of the PURD tract. Such land shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation, or agricultural purposes by all the residents of the development. At least 70% of the common open space shall be retained in contiguous areas, unless approved by the Planning Board.

Suitable and usable outdoor recreational area or areas shall be provided for the use of tenants. At least 2,000 square feet per dwelling unit must be usable open space for active and passive recreation. Such space shall not include wetlands as determined by the Conservation Commission. Usable open space shall be defined to include land for community gardens, hiking/jogging paths, tennis courts, swimming pools, or similar facilities. Structures or buildings accessory to recreation, conservation or agricultural uses may be erected but shall not exceed two percent (2%) coverage of the common open land. 3.Further subdivision of common open land or its use for other recreation, conservation, or agriculture, except for easements for underground utilities shall be prohibited. Provision shall be made so that the common open space shall be owned in common and readily accessible to the owners and residents of all units in the development, or by membership corporation, trust or association whose members are the owners and residents of the units, or otherwise as the Board may direct. In all cases, the common open space shall be subject to a perpetual restriction running to or enforceable by the Town, which shall be recorded in respect to such land. Such restriction shall be in such form and substance as the Board shall prescribe and may contain such additional restrictions on development and the use of common open space as the Planning Board may deem appropriate.

Such agreements or covenants shall provide that in the event that the association fails to maintain the common facilities in reasonable order and condition in accordance with the agreement, the Town may, after notice to the association and public hearing, enter upon such land and maintain it in order to preserve the taxable value of the properties within the development and to prevent the common land from becoming a public nuisance. The covenants shall also provide that the cost of such maintenance by the Town shall be assessed ratably against the properties within the development.

As a condition of its approval, the Planning Board may permit a sign showing the project name to be permanently affixed at each entrance to the development. Each sign shall be of a size and design to be approved by the Planning Board provided that no such sign shall exceed twenty (20) square feet in size.

All streets shall be posted with standard street signs and all street names shall be approved by the Planning Board. Dwelling Units shall be assigned street numbers as assigned by the Assessors Office.

As a condition of its approval, the Planning Board may establish time limits for any development or phases thereof.

Before any building permits are issued for building in a given phase, the developer shall be required to provide the Town with performance security in a form and amount satisfactory to the Planning Board to guarantee the construction of required site improvements.

Adult Bookstore: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, periodicals, pictures and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement.

Adult Cabaret: A nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment which features:

Adult Motion Picture Theater: An enclosed building or outdoor venue used for public uses, for presenting material (motion pictures, films, cassettes, cable television, slides, DVDs or any other such visual or electronic media) distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement.

Adult Paraphernalia Store: An establishment having as a substantial or significant portion of its stock in devices, objects, tools, toys, or electronic media which are distinguished or characterized by their association with sexual activity, including sexual intercourse, sexual conduct or sexual excitement.

Adult Video Store: An establishment having a substantial or significant portion of its stock in trade (for sale or rent) motion pictures, films, video cassettes, DVDs and other film material or similar audio/visual and electronic media which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement.

Establishments Which Display Live Nudity for its Patrons: An establishment which provides live entertainment for its patrons, that includes persons in the state of nudity; or live performances which are characterized by an emphasis on depicting anatomical areas specified as less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola, and human genitals in a state of sexual arousal, or relating to sexual conduct or sexual excitement.

Nudity as defined in Massachusetts General Law c.272, S31 The condition of human male or female genitals or the breasts of the female while in a state of sexual stimulation or the sensual experiences of humans engaging in or witnessing sexual conduct of nudity.

The name and address of the legal owner of the establishment, the legal owner of the property, and the manager of the proposed establishment.

The distances between the proposed adult entertainment use and the property line of all uses listed in Section 6.16.5 of this provision.

Adult Entertainment Uses shall not be located within:

Adult Book Stores, Adult Paraphernalia Stores and Adult Video Stores as defined in Section 6.16.2 shall not be permitted to open for business earlier than 8:00 A.M. and close no later than 1:00 A.M.

Adult Cabarets and Establishments Which Display Live Nudity for its Patrons as defined in Section 6.16.2 shall not be permitted to open for business earlier than 11:00 A.M. and close not later than 1:00 A.M.

No adult entertainment use special permit shall be issued to any persons convicted of violating the provisions of M.G.L. c.119, S63 or M.G.L. c.272, S28.

All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.

No adult entertainment use shall be allowed to display for advertisements or other purpose any signs, placards or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any sexually oriented material as defined in M.G.L. c.272, S31.

No adult entertainment use shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premises.

No adult entertainment use shall have any flashing lights visible from outside the establishment.

No adult entertainment use shall have a freestanding accessory sign.

Any special permit granted for an adult entertainment use shall be personal to the applicant, shall not run with the land and shall expire upon expiration of the applicant’s lease or upon sale or transfer of the subject’s property/business.

Any adult entertainment use granted a special permit shall comply with all other Town Bylaws and all statutes of the Commonwealth of Massachusetts regarding public nuisances, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof.

WIND ENERGY CONVERSION SYSTEMS The purpose of this subsection of the Zoning By-Law is to establish appropriate siting criteria and standards for wind energy conversion systems to minimize the adverse impact on adjacent properties, to preserve scenic views, to limit the number and height of such systems, while protecting the historic and residential character of the Town of Monson, the property values of the community and health and safety of citizens. Wind energy conversion system shall be allowed only in the Rural Residential district and for non commercial use by the property owners.

Amended

A plan showing property lines of the applicant and abutters, proposed location of the windmill, location of buildings, overhead transmission and distribution lines, and any radio or telecommunications towers within two hundred (200) feet of the windmill; drainage or utility easements crossing within two hundred (200) feet of

proposed power or control lines to or from the windmill; and location of guy wire anchors, if any;

A dimensional representation of the windmill mounted on its support structure, including foundation dimensions (both surface and depth), foundation materials, method of attaching tower to foundations, windmill dimensions including, tower height and rotor diameter, and clearance distances of blades to ground and nearest structure;

A statement as to whether the proposed windmill is a tested production model, or an experimental, one-of-a kind or prototype design;

Windmill design data including manufacturer's specifications and installation/operation instructions; certification by the manufacturer or a registered engineer that tower design is sufficient to withstand wind load requirements for structures as established by the Mass. Building Code;

The site-specific wind speed data including the monthly mean wind-speed for a period no less than 6 months.

Setback: The setback of a windmill from the lot line or street line of the lot on which it is located shall be at least equal to 200% of the tower’s height. Further, the windmill shall be located a minimum of five hundred (500) feet from existing dwellings on adjoining property.

Height: The maximum allowable height of the windmill to the tip of the rotor shall be one hundred and twenty (120) feet. In addition maximum height shall be based on documentation of the machine's safety, and on the topography of and impact on the proposed site and the neighborhood.

Minimum blade height: Minimum blade elevation shall be not less than fifteen (15) feet above the ground at the lowest point of blade arc. The diameter of the rotor may not exceed thirty five (35) feet.

Noise.: The windmill shall not produce a noise level at the property line exceeding ten

decibels over ambient/background noise or to cause a nuisance to abutters.

Labeling Requirements: At least one sign shall be posted near ground level on the tower structure warning of high voltage. In addition, the following information shall be posted on a label on the generator or alternator of the windmill, and on the windmill control panel:

Insurance: Prior to the issuance of a building permit to erect the windmill, the applicant must provide proof of insurance covering damage to adjacent properties in the event of an accident involving the tower or its associated equipment. The applicant shall maintain insurance coverage until the windmill is removed.

Access: To prevent unauthorized climbing, tower access shall be restricted by either:

Electromagnetic Interference: Interference with radio frequency communication, traceable to the operation or location of the windmill, shall be limited in accordance with all applicable sections of the Federal Communications Commission specifications.

Variances: Relief from the height and setback requirements may be allowed by the Monson Zoning Board of Appeals under the provisions of MGL Chapter 40A, Section 10.

A completed Application Form with original signatures of all owners;

Ten (10) copies of the Stormwater Management Plan and project description as specified in Section 6.17.5;

Ten (10) copies of the Operation and Maintenance Plan as required by Section 6.17.6 of this by-law;

Payment of the application and review fees

Approval of the Stormwater Management Permit Application based upon determination that the proposed plan meets the Standards in 6.17.5.2 and will adequately protect the water resources of the community and is in compliance with the requirements set forth in this by-law;

Approval of the Stormwater Management Permit Application subject to any conditions, modifications or restrictions required by the SPGA which will ensure that the project meets the Standards in 6.17.5.2 and adequately protect water resources, set forth in this by-law; (c)Disapproval of the Stormwater Management Permit Application based upon a determination that the proposed plan, as submitted, does not meet the Standards in 6.17.5.2 or adequately protect water resources, as set forth in this by-law.

Locus map,

The existing zoning, and land use at the site,

The proposed land use,

The location(s) of existing and proposed easements,

The location of existing and proposed utilities,

The site’s existing and proposed topography with contours at 2 foot intervals,

The existing site hydrology,

A description and delineation of existing stormwater conveyances, impoundments, and wetlands on or adjacent to the site or into which stormwater flows.

A delineation of 100-year flood plains, if applicable

Estimated high groundwater elevation in areas to be used for stormwater retention, detention, or infiltration.

The existing and proposed vegetation and ground surfaces with runoff coefficient for each,

A drainage area map showing pre and post construction watershed boundaries, drainage area and stormwater flow paths,

A description and drawings of all components of the proposed drainage system including:

Locations, cross sections, and profiles, of all brooks, streams, drainage swales and their method of stabilization,

All measures for the detention, retention, or infiltration of water,

All measures for the protection of water quality,

The structural details for all components of the proposed drainage systems and stormwater management facilities,

Notes on drawings specifying materials to be used, construction specifications, and typicals, and

Expected hydrology with supporting calculations.

Proposed improvements including location of buildings or other structures, impervious surfaces, and drainage facilities, if applicable,

Timing, schedules, and sequence of development including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization,

A maintenance schedule for the period of construction, and

Any other information requested by the SPGA.

No new stormwater conveyances (e.g. outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or water of the Commonwealth.

Stormwater management systems must be designed so that post-development peak discharges rates do not exceed pre-development peak discharge rates.

Loss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum extent practicable. The annual recharge from the post-development site should approximate the annual recharge rate from the pre-development or existing site conditions, based on soil types.

For new development, stormwater management systems must be designed to remove 80% of the average annual load (post development conditions) of Total Suspended Solids (TSS). It is presumed that this standard is met when:

Suitable nonstructural practices for source control and pollution prevention are implemented;

Stormwater management best management practices (BMPs) are sized to capture the prescribed runoff volume; and

Stormwater management BMPs are maintained as designed.

Stormwater discharges from areas with higher potential pollutant loads require the use of specific stormwater management BMPs. The use of infiltration practices without pretreatment is prohibited.

Stormwater discharges to critical areas must utilize certain stormwater management BMPs approved for critical areas (see MA DEP’s Stormwater Management Volume I: Stormwater Policy Handbook). Critical areas are Outstanding Resource Waters (ORWs), cold water fisheries, and recharge areas for public water supplies.

Redevelopment of previously developed sites must meet the Stormwater Management Standards to the maximum extent practicable. However, if it is not practicable to meet all the standards, new (retrofitted or expanded) stormwater management systems must be designed to improve existing conditions.

Erosion and sediment controls must be implemented to prevent impacts during disturbance and construction activities.

All stormwater management systems must have an operation and maintenance plan to ensure that systems function as designed.

When one or more of the Standards cannot be met, an applicant may demonstrate that an equivalent level of environmental protection will be provided.

The names and addresses of the person(s) responsible for operation and maintenance.

The person(s) responsible for financing maintenance and emergency repairs.

Stormwater management easements shall be provided by the property owner(s) as necessary for:

Access for facility inspections and maintenance,

Preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100year storm event.

Direct maintenance access by heavy equipment to structures requiring regular cleanout.

The purpose of each easement shall be specified in the maintenance agreement signed by the property owner.

Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the SPGA.

Easements shall be recorded with the Hampden County Registry of Deeds prior to issuance of a Certificate of Completion by the SPGA.

The owner(s) of the stormwater management system must notify the SPGA of changes in ownership or assignment of financial responsibility.

The maintenance schedule in the Maintenance Agreement may be amended to achieve the purposes of this by-law by mutual agreement of the SPGA and the Responsible Parties. Amendments must be in writing and signed by all Responsible Parties. Responsible Parties shall include owner(s), persons with financial responsibility, and persons with operational responsibility.

Such action is allowed by federal, state and local statutes and/or regulations,

Is in the public interest, and

Is not inconsistent with the purpose and intent of this by-law.

The SPGA or an authorized agent of the SPGA may issue a written order to enforce the provisions of this by-law or the regulations hereunder, which may include requirements to:

Cease and desist from construction or land disturbing activity until there is compliance with the by-law and the stormwater management permit;

Repair, maintain, or replace the stormwater management system or portions thereof in accordance with the operation and maintenance plan.

Perform monitoring, analysis, and reporting.

Remediate adverse impact resulting directly or indirectly from malfunction of the stormwater management system.

If the enforcing person determines that the abatement or remediation of adverse impacts is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town of Monson may, at its option, undertake such work, and the property owner shall reimburse the town’s expenses.

Within thirty (30) days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner shall be notified of the costs incurred by the town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the SPGA within thirty (30) days of receipt of the notification of the cost incurred. If the amount due is not received by the expiration of the time in which to file a protest or within thirty (30) days following a decision of the SPGA affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner’s property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. Ch. 59, § 57, after the thirty-first day at which the costs first become due.

The Bed & Breakfast establishment and operation shall be located within an existing owner occupied residential dwelling. Rooms used for sleeping shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes.

Up to four rooms and, not more than fifty percent (50%) percent of the entire habitable living space shall be allocated for Bed & Breakfast establishment purposes, and there shall be no more than eight (8) guests lodging at the establishment at any one time. Common areas such as kitchens are not included in this calculation.

The Special Permit authorizing a Bed & Breakfast establishment shall be issued to the owner(s) of the property only and is not transferable to a subsequent property owner.

The private residence in which the Bed & Breakfast operation is located shall be maintained so that the appearance of the building and grounds remain that of a private residence. No exterior alterations are allowed other than those required to ensure safety of the structure or guests.

No cooking facilities, including, but not limited to, stoves, microwave ovens, toaster ovens, and hot plates, shall be available to guests and no meals, except breakfast, shall be served to guests. Alcohol shall also be prohibited from being served on the premises to any Bed & Breakfast guest. Additionally, there shall be at least one (1) bathroom solely dedicated to the guests of the Bed & Breakfast establishment.

If the property is not to be served by public water and sewer, the applicant shall provide evidence to the Zoning Board of Appeals that the proposed use will not have any detrimental impact on any water supply on-site or off-site. Additionally Bed & Breakfast establishments served by an existing septic system shall not be granted a special permit until receiving approval from the Board of Health.

Exterior lighting shall be so shaded as to prevent illumination off-site. All external lighting, except for demonstrated security needs, shall be extinguished by 10:00 P.M.

There shall be provided two (2) parking spaces for the home owner and one (1) parking space for each room which the Bed & Breakfast establishment has available for rent to guests. Parking shall be located to the side or rear of the building and not be in any required building yard set back. Parking areas shall be screened from adjoining residential properties by a fence or dense plantings, not less than five (5) feet in height. All parking for a Bed & Breakfast establishment shall be located on the premises.

Applicants for Special Permits under the provisions of this By-Law shall provide sketches, drawings or plans necessary to illustrate compliance with the requirements of this By-Law. The Zoning Board of Appeals may, at its discretion, require plans to be prepared by registered land surveyors, architects or engineers to illustrate the Special Permit application for the benefit of the Board and other Town officers such as the Building Commissioner and the Health Agent. Illustration required may include but not be limited to parking and driveway plan, room layout, sanitary facilities, and kitchen facilities.

Any sign relating to a Bed & Breakfast operation shall comply with the applicable sign By-Law as set forth in Section 5.3. However, all signs for a Bed & Breakfast operation shall be not greater than 3 square feet in size.

Prior to the renting of any rooms to guests the applicant shall obtain a Certificate of Inspection from the Monson Building Commissioner. The Certificate of Inspection shall be renewable every year according to the applicable fee schedule.

Each owner must keep a daily guest register that contains the guest’s name, home address and duration of stay. The owner, upon request of the Building Commissioner, or Monson Police Chief, shall provide the daily guest register for inspection.

COMMON ACCESS DRIVEWAY The Monson Planning Board, acting as the Special Permit Granting Authority, may authorize Common Access Driveway for up to 4 dwelling units by Special Permit in conformance with the procedures specified in section 7.3, subject to the conditions set forth below.

Amended

Plans, prepared by and carrying the seal of a registered professional engineer, shall be submitted showing the layout for the common access driveway, meeting the following specifications:

The common access driveway shall have a minimum centerline radius of one hundred and twenty five (125) feet and provide adequate access and turn- around areas for emergency vehicles by a turning circle of one hundred (100) foot diameter or a hammerhead intersection with inside radius of thirty (30) feet at the end of the common driveway.

The centerline intersection of the common driveway with the street centerline shall not be less than seventy five (75) degrees. The radius of the common driveway intersection with the street right of way must be sufficient to enable emergency vehicles to exit and enter the common driveway and in no case be less than twenty (20) feet.

No connection to any other way except the one from which it originates.

A roadway surface of a minimum of 6 inches of graded gravel, placed over a properly prepared base, graded and compacted to drain from the crown. Where the property rises in elevation from the street, the driveway shall be paved from the street to the first high point (break in grade) in order to prevent erosion toward the street. The Planning Board may require other sections of the drive to be paved and any common driveway section exceeding an eight

The common access driveway including utilities, shoulders, turn-arounds, travel way, and any snow storage areas shall be laid out entirely within an access and utility easement. All stormwater runoff from the common driveway shall be contained on the property or otherwise mitigated by stormwater management best management practices to result in no net increase in pre- development peak flow rates as compared to post-development peak flow rates. No stormwater runoff from the common driveway shall be allows to cross into or flow over the traveled portion of the public way.

Easements, covenant and agreements for the subject lots containing restrictions prohibiting any additional vehicular access to said lots from other than the common driveway approved by this special permit, stating that said common driveway is a private driveway, not open to public use, and not a town way. The maintenance, operation, repair and reconstruction (including snow plowing and snow/ice removal) is the responsibility and liability of the property owners. All deed easements, easements plans, restrictions, covenants and agreements must be submitted to and approved by the Planning Board prior to their recording and prior to the issuance of any building permits.

All review cost, including, but not limited to, engineering and legal, shall be borne by the applicant in accordance with the Monson Planning Board’s Rules and Regulations.

Any special permit issued under this section shall lapse within one (1) year if a substantial use thereof has not commenced sooner except for good cause.

The Planning Board may periodically amend or add rules and regulations relating to the procedures and administration of this section.

Notation: The language in section 6.22.14.(1) has been amended by order of the Office of the Attorney General by deleting the sentence “The time required to pursue and await determination of a judicial appeal pursuant to Chapter 40A of the General Laws shall be included within the one (1) year time limit”.

Site Plan Review

Ground-mounted large scale solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo site plan review by the Monson Planning Board acting as the Site Plan Review Authority (SPRA) prior to construction, installation or modification as provided in this section. The construction and operation of all large scale solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. No large scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

Application Requirements

All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts. Pursuant to the site plan review process, the project proponent shall provide the following documents:

Design Standards

Safety and Environmental Standards

Monitoring and Maintenance

Waivers

Abandonment or Decommissioning

Physical removal of all large scale ground solar photovoltaic installations, 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.

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

Use:

RMD and OMMD facilities may only be involved in the uses permitted by its definition and may not include other businesses or services.

No marijuana shall be smoked, eaten or otherwise consumed or ingested within the premises.

The hours of operation shall be set by the Planning Board, but in no event shall an RMD or OMMD facility be open to the public, and no sale or other distribution of marijuana shall occur upon the premises or via delivery from the premises, between the hours of 8:00 p.m. and 8:00 a.m.

RMD facilities that can demonstrate that they comply with the agricultural exemption under M.G.L. Chapter 40A, Section 3 must still apply for Site Plan Approval.

Physical Requirements:

All aspects of the use/facility relative to the acquisition, cultivation, possession, processing, sales, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the business.

No outside storage is permitted.

No OMMD Facility shall have a gross floor area in excess of 2,500 square feet.

Ventilation – all RMD and OMMD facilities shall be ventilated in such a manner that no:

Signage shall be displayed on the exterior of the RMD and OMMD facility’s entrance in plain sight of clients stating that “Registration Card issued by the MA Department of Public Health required” in text two inches in height.

Location:

Amended

No RMD and OMMD facility shall be located on a parcel which is within three hundred (300) feet (to be measured in a straight line from the nearest points of each property line) of parcel occupied by:

No RMD or OMMD facility shall be located within three (300) hundred feet (to be measured in a straight line from the nearest points of each structure) of a residential use (including commercial residential uses such as hotels, motels, lodging houses, etc.) or residential zoning district.

If the RMD or OMMD facility requires a waiver contemplated in Section 6.24(2)(c)(ii)(1) above, the applicant shall file a written request for the waiver with the Planning Board as the Site Plan Review Authority simultaneously with its application for Site Plan Review. The Planning Boar shall be required to make a specific Finding with regard to the application for such a reduction prior to hearing the Application for Site Plan Review. The Planning Board shall be authorized to hear the application for reduction at the same public hearing as the Application for Site Plan Review.

Reporting Requirements.

All Site Plan Approval holders for an RMD or OMMD facility shall provide the Police Department, Fire Department, Building Inspector and the Planning Board with the names, phone numbers and email addresses of all management staff and key-holders, including a minimum of two (2) operators or managers of the facility identified as contact persons to whom one can provide notice if there are operating problems associated with the establishment. All such contact information shall be updated as needed to keep it current and accurate.

The Building Inspector, Board of Health, Police Department, Fire Department and Planning Board shall be notified in writing by an RMD or OMMD facility owner/operator/ manager:

Permitted RMD and OMMD facilities shall file an annual report to and appear before the Planning Board no later than January 31st, providing a copy of all current applicable state licenses for the facility and/or its owners and demonstrate continued compliance with the conditions of the Special Permit.

The owner or manager is required to respond by phone or email within twenty-four hours of contact by a town official concerning their RMD or OMMD at the phone number or email address provided to the Town as the contact for the business.

Site Plan Approvals shall be issued to the RMD Operator.

Site Plan Approvals shall be issued for a specific site/parcel.

Site Plan Approvals shall be non-transferable to either another RMD Operator or site/parcel.

Site plan Approvals shall have a term limited to the duration of the applicant’s ownership/control of the premises as a RMD or OMMD, and shall lapse:

The permit holder shall notify the Zoning Enforcement Officer and the Planning Board writing within 48 hours of such lapse, cessation, discontinuance or expiration.

An RMD or OMMD facility shall be required to remove all material, plants equipment and other paraphernalia prior to surrendering its state Registration or ceasing its operation.

The name and address of each owner of the RMD or OMMD facility/operation.

A copy of its registration as an RMD from the Massachusetts Department of Public Health or documentation that demonstrates that said RMD or OMMD facility, and it’s owner/operators, qualify and are eligible to receive a Certificate of Registration and meet all of the requirements of a RMD in accordance with 105 CMR 725.000 of the Massachusetts Department of Public Health.

Evidence that the Applicant has site control and right to use the site for a RMD or OMMD facility in the form of a deed or valid purchase and sales agreement or, in the case of a lease a notarized statement from the property owner and a copy of the lease agreement.

A notarized statement signed by the RMD or OMMD organization’s Chief Executive Officer and corporate attorney disclosing all of its designated representatives, including officers, directors, shareholders, partners, members, managers, or other similarly-situated individuals and entities and their addresses. If any of the above are entities rather than persons, the Applicant must disclose the identity of all such responsible individual persons.

In addition to what is normally required in a Site Plan, details showing all exterior proposed security measures for the RMD or OMMD including lighting, fencing, gates and alarms, etc. ensuring the safety of employees and patrons and to protect the premises from theft or other criminal activity.

A detailed floor plan identifying the areas available and functional uses (including square footage).

All signage being proposed for the facility.

A traffic study to establish the RMD or OMMD impacts at peak demand times.

A Management Plan including a description of all activities to occur on site, including all provisions for the delivery of medical marijuana and related products to OMMDs or off-site direct delivery to patients.

That the RMD or OMMD facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest;

That the RMD or OMMD facility demonstrates that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in compliance with all applicable state laws and regulations;

That the applicant has satisfied all of the conditions and requirements of this Section and other applicable Sections of this Bylaw;

That the RMD or OMMD facility has shown that it provides adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals, and that the storage and/or location of cultivation is adequately secured; and

That the RMD or OMMD facility adequately addresses issues of traffic demand, circulation flow, parking and queuing, particularly at peak periods at the facility, and it impact on neighboring uses

A drawing of the lot, in duplicate, drawn to scale, showing the dimensions of the lot and location, and size of buildings or structure existing on the lot, shall be filed.

Duplicate plans of the proposed buildings or structures with sufficient detail to show conformity to these Bylaws shall be filed.

All corners of the lot marked with iron pins, or stone bound.

Approval under Board of Health rules and regulations of a sanitary waste disposal facility

All applications for special permits shall be made in writing on forms furnished by the Town Clerk and located in the Town Clerk’s office and shall be accompanied by a site plan when required in accordance with Section 3.1, Schedule of Use Regulations.

Misrepresentation of any of the required plan items shall be cause to revoke a special permit.

That the proposed use would be suitably located in the neighborhood in which it is proposed and/or the total Town;

That the use will be reasonably compatible with the character and scale of other uses permitted as of right in the same district;

That adequate and appropriate facilities will be provided for the proper operation of the proposed use, including special attention to safe vehicular circulation;

The proposed use shall comply with the environmental performance standards specified in Section 5.1 of this Bylaw;

The proposed use shall comply with any and all additional special permit criteria or General Regulations imposed on individual uses in Section 5 of this Bylaw;

The proposal will not create traffic congestion or impair pedestrian safety. Provision shall be made for convenient and safe vehicular and pedestrian circulation within the site and in relation to adjacent streets, property or improvements;

The proposed project shall not create a significant adverse impact to the quality of surface water or groundwater during and after construction, and provision shall be made for maximizing groundwater recharge;

The design of the project shall provide for adequate methods of disposal of sewage, refuse or other wastes generated by the proposed use;

The design of the project shall minimize the visibility of visually degrading elements and protect the neighboring properties from potentially detrimental or offensive uses through the use of screening or vegetated buffer zones.

In reviewing site plans submitted with a special permit application, the Special Granting Authority shall consider the site plan submittal and approval requirements of Section 7.4.

Setback, front, side and rear, as a minimum in accordance with the minimum required in this Bylaw.

Screening of parking areas of other parts of the premises from adjoining properties or from streets by the use of walls, fences, plantings or other such devices.

Limitations of size, number of occupants, method or time of operation or extent of facilities.

Modification of the exterior design or appearance of buildings, structures, signs, or landscape materials.

Additional parking, loading or traffic requirements beyond the minimum required in the Bylaw.

Measure to protect against environmental pollution.

Performance bond or other security to ensure that the project meets the conditions specified in the special permit.

The construction or exterior alteration of a commercial structure;

The construction or exterior alteration of an industrial structure;

Residential developments requiring approval under the Subdivision Control Law (M.G.L. Chapter 41);

Any other use specified in Section 3.1, Schedule of Use Regulations, which indicates Site Plan Approval is required.

Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities.

The Planning Board will seek consultation with other Boards, including but not limited to the following: Building Inspector, Board of Health, Select Board, Conservation Commission, Highway Department, Fire Department and Police Department. The Planning Board may waive any or all requirements of site plan review for external enlargements of structures of less than 25% of the existing floor area.

Amended

The location and boundaries of the lot, adjacent streets or ways, and the location and owners’ names of all adjacent properties;

Existing and proposed topography including contours, the location of wetlands, streams, waterbodies, drainage swales, areas subject to flooding, and unique natural land features;

Existing and proposed structures, including dimensions and elevations;

The location of parking and loading areas, driveways, walkways, access and egress points;

The location and a description of all proposed septic systems, water supply, storm drainage systems, utilities, and refuse and other waste disposal methods;

Proposed landscape features including the location and a description of screening, fencing and plantings;

The location, dimensions, height and characteristics of proposed signs;

The location and a description of proposed open space or recreation areas;

The Planning Board shall refer copies of the application within 15 days to the Conservation Commission, Board of Health and Building Inspector, who shall review the application and submit their recommendations and comments to the Planning Board. Failure of Boards to make recommendations within 35 days of the referral of the application shall be deemed to be lack of opposition.

The Planning Board shall hold a public hearing within sixty-five (65) days of the receipt of an application and after due consideration of the recommendations of the other Boards, shall take final action within 90 days from the time of hearing.

The period of review for a special permit requiring site plan approval shall be the same as any other special permit and shall conform to the requirements of Chapter 40A,

Section 9, “Special Permits”. Specifically, a joint public hearing to address the Special Permit application and Site Plan Approval application shall be held within sixty-five (65) days of the filing of a special permit application with the Planning Board. The Planning Board shall then have 90 days following the public hearing in which to act.

If the proposal requires a special permit, it must conform to the special permit requirements as listed in Section 6.2 of this Bylaw.

The development shall be integrated into the existing terrain and surrounding landscape, and shall be designed to protect abutting properties and community amenities. Building sites shall, to the extent feasible: (a) minimize use of wetlands, steep slopes, floodplains, hilltops: (b) minimize obstruction of scenic views from publicly accessible locations; (c) preserve unique natural or historical features; (d) minimize tree, vegetation and soil removal and grade changes; and (e) maximize open space retention; and (f) screen objectionable features from neighboring properties and roadways.

Architectural style shall be compatible with the rural/historic character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings.

The development shall be served with adequate water supply and waste disposal systems. For structures to be served by on-site waste disposal systems, the applicant shall submit a septic system design prepared by a Certified Engineer and approved by the Board of Health.

The plan shall maximize the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways. The plan shall describe estimated average daily and peak-hour vehicle trips to be generated by the site and traffic flow patterns for vehicles and pedestrians showing adequate access to and from the site and adequate circulation within the site.

The site plan shall show adequate measures to prevent pollution of surface or groundwater, to minimize erosion and sedimentation, and to prevent changes in groundwater levels, increased run-off and potential for flooding. Drainage shall be designed so that runoff shall not be increased, groundwater recharge is maximized, and neighboring properties will not be adversely affected.

The development will not place excessive demands on Town services and infrastructure.

Electric, telephone, Cable TV, and other such utilities shall be underground where physically and environmentally feasible.

Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be set back or screened to protect the neighbors from objectionable features.

The site plan shall comply with any zoning requirements for parking, loading, dimensions, environmental performance standards, and all other provisions of this Bylaw.

Before approval of a site plan, the reviewing board may request the applicant to make modifications in the proposed design of the project to ensure that the above criteria are met.

A determination that the proposed project will constitute a suitable development and is in compliance with the criteria set forth in this Bylaw;

A written denial of the application stating the reasons for such denial; or,

Approval subject to any conditions, modifications and restrictions as the Planning Board may deem necessary.

The Planning Board may require the posting of a bond to assure compliance with the plan and conditions and may suspend any permit or license when work is not performed as required.

Any special permit with site plan approval issued under this section shall lapse within one (1) year if a substantial use thereof has not commenced sooner except for good cause.

The Planning Board may periodically amend or add rules and regulations relating to the procedures and administration of this section.

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

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: