ARTICLE IV
Special Regulations
4100. Saltmarsh Conservation District
4110. Designation. The Saltmarsh Conservation District shall be the area along the North River from the River itself to the upland edge of the marsh as defined and shown on the 1915 Plan of the North River Authorized by Chapter 112, Resolves of 1914, William F. Williams, Chief Engineer, a copy of which is on file in the office of the Town Clerk and is made a part hereof.
4120. Permitted Uses. In the Saltmarsh Conservation District, no structure shall be erected except non-commercial docks, catwalks, piers, wharfs or floats, nor may any area within said zone be filled, drained, dredged or excavated, except by Special Permit.
4121. The owner of any land located in this District, or his agent, may apply to the Zoning Board of Appeals for a Special Permit for the construction of any structure which would have been permitted on said land prior to the adoption of the Section 4100, or for filling, drainage, dredging or excavation.
4122. No permit shall be granted which will adversely affect the natural character of the area in which the land referred to in the application is located.
4123. No such permit shall be granted except after notice and hearing as is provided by law for the granting of variances. In addition, notice shall be given by registered mail to the Chairman of the Conservation Commission or his designated representative.
4124. The Conservation Commission shall file a report setting forth the opinion of the Conservation Commission as to whether or not the granting of a permit will be consistent with the natural character of the area and the aims and purposes of the Conservation Commission. If the Conservation Commission shall fail to file its report on or before the date set for the hearing on the permit, the Zoning Board of Appeals shall assume that the Conservation Commission has no objection to the granting of the permit, and the Conservation Commission shall have no standing to appear to be heard in any further proceedings relative to such permit.
4200. Flood Plain, Watershed and Wetlands Protection
District.
4210. Designation. Flood Plain, Watershed and Wetlands Protection District shall include all land designated as such and shown and delineated on a set of maps of the Town of Norwell entitled "Town of Norwell, Wetlands Maps", dated April 5, 1974, by Moore Survey & Mapping Corporation, Shrewsbury, Massachusetts, with amendment adopted 3/9/81 as shown on a plan entitled "Plan of 1981 Amendment to Town of Norwell Wetlands Maps dated January 5, 1981, by Bradford Saivetz & Associates, Inc., Braintree, MA", and the "Flood Insurance Rate and Flood Boundary/Floodway Map", dated July 19, 1982, as part of the Norwell Flood Insurance Study, on file with the Town Clerk, which set of maps is incorporated herein as part of this bylaw. In case of a conflict, the more restrictive interpretation shall apply.
Flood plain, Watershed and Wetlands Protection District (the "District"), shall be considered to be superimposed over any other district established by this zoning bylaw. All land in the District is subject to the regulations set forth in this Section 4200. In unnumbered A zones of the Flood Insurance Rate Maps, the Building Inspector shall require the applicant to provide the best available 100 year flood elevation data available from Federal, State, Local, or other source for requiring new structures and substantial improvements to existing structures to meet the elevation and flood proofing standards of the Massachusetts State Building Code.
4215. Existing Regulations. All development in the district including structural and non-structural activities whether permitted by right or by Special Permit must be in compliance with the following: (Revised 5/5/94 Annual Town Meeting)
-Section 2102 of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas
-310 CMR 10.00, Wetlands protection, Department of Environmental Protection
-302 CMR 6.00, Inlands Wetlands Restriction, DEP
-Title 5, minimum requirements for the subsurface disposal of sanitary sewage, Department of Environmental Protection.
-All property within the flood plain as delineated on Norwell's Flood Insurance Rate Maps (FIRM) is subject to the provisions of the National Flood Insurance Program (NFIP).
4220. Purpose. The purposes of this section, in addition to the purposes enumerated in Section 1100 of this Zoning bylaw are:
a) To provide the lands in the Town subject to seasonal and/or periodic flooding, shall not be used for residential or other purposes in such a manner as to endanger the public health, safety and general welfare of inhabitants thereof.
b) To protect, preserve and maintain the water table and water recharge areas within the Town, so as to preserve the present and potential water supplies for the public health and safety of the inhabitants of the Town of Norwell.
c) To assure the continuation of the natural flow pattern of the water courses within the Town in order to provide adequate and safe floodwater storage capacity to protect persons and provide against the hazards of floodwater inundation.
4230. Permitted Uses. The following uses are permitted as a matter of right in the districts subject to the provisions of this zoning bylaw applicable to the underlying zoning districts in which said District are located and provided such uses do not permanently and significantly derogate from the purpose of this Section 4200:
a) Proper operation and maintenance of dams and other water control devices for drainage or flood control.
b) Temporary alteration of water level for emergency or maintenance.
c) Appropriate governmental use, including water and sewerage works, pumping stations and river and stream clearance.
d) Conservation of soil and plants and wildlife management.
e) Outdoor recreation including play areas, nature study, boating, foot, bicycle and horse paths and bridges, fishing and hunting where otherwise legally permitted but excluding buildings and structures therefor.
f) Uses and interior improvements of buildings or structures lawfully existing prior to adoption of this Section or for which a building permit has been issued prior to adoption of this Section.
g) Forestry, grazing, farming, nurseries, and truck gardening.
h) Accessory uses to any of the above permitted uses.
4240. Special Permits.
4241. Schedule of Special Permit Uses. Where otherwise legally permitted by the provisions of this zoning bylaw applicable to the underlying districts in which the District is located, and subject to such special conditions and safeguards as the Board of Appeals deems necessary to fulfill the purpose of this Section, the following uses are permitted by Special Permit granted by the Zoning Board of Appeals in accordance with the provisions of subparagraph 4242:
a) Foot bridges, plank walks, duck walks, and private boat landings.
b) Golf courses.
c) Temporary storage of materials or equipment.
d) Dams, excavation or changes in water courses to create ponds or pools for swimming, fishing or other recreational or agricultural use, scenic features or for improvements consistent with the purposes of this Section.
e) Appropriate driveways and roads when alternative means of access are impractical.
f) Repair, rebuilding, modification, enlargement or exterior alteration of existing structures, which will be subject to the substantial improvement provisions of the Massachusetts State Building Code.
4242. Considerations. In hearing an application for a Special Permit hereunder, the Board of Appeals shall consider, in addition to any other factors said Board deems pertinent, the following factors: (Revised 5/5/94 Annual Town Meeting)
a) Geographic location of proposed structures and security of access thereto during flooding.
b) Foundation elevations and security of foundations during flooding.
c) Disposal and containment of sewage during flooding.
d) In Zone A1-30 and AE, along watercourses that have a regulatory floodway designated on the Norwell FIRM or Flood Boundary & Floodway Map (250276 0001-0009 to 250276 0008B) encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
e) Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones in order to assure that: 1) such proposals minimize flood damage; 2) all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and 3) adequate drainage is provided to reduce exposure to flood hazards.
4243. Criteria for Approval. Whenever the Board of Appeals is authorized to issue a Special Permit for a use under this Section, said Board shall assure, that such use shall be consistent with the purposes of this Section, and will,
a) Not produce unsuitable development in marshes, bogs and ponds or along water courses or in areas subject to flooding.
b) Protect and preserve the inland marshes, bogs, ponds and water courses and their adjoining wetlands in order to safeguard the purity of inland and tidal waters for the propagation and protection of marine life and for recreational purposes.
c) Conserve the value of lands and existing buildings.
d) Facilitate the adequate protection of provision of a water supply through preservation and maintenance of the ground water table.
e) Encourage the most appropriate use of the land.
4250. Prohibited Uses. Except as provided in paragraph 4230, no building, wall, dam or other structure shall be created, constructed altered, enlarged or otherwise created or moved in the district for any purpose.
No dumping, filling excavating or transferring of any material which will reduce or impair natural water storage or recharge capacity of any land within the District or interfere with the natural flow patterns of any water course within the District shall be permitted.
4260. Notification of Watercourse Alteration. (Revised 5/5/94 Annual Town Meeting)
Notifying, in a riverine situation, the following of any alteration or relocation of a watercourse:
Adjacent Communities
Bordering Stations (optional)
NFIP State Coordinator
Massachusetts Office of Water Resources
100 Cambridge Street
Boston, MA 02202
NFIP Program Specialist
FEMA Region I, Rm. 462
J. W. McCormack Post Office and Courthouse
Boston, MA 02109
4270. Administration.
4271. Whenever an application is made for a building which the Building Inspector believes may involve the use of land in the District, he shall determine by any means at his disposal, whether the parcel identified in the application lies within the District.
4272. In order to expedite this determination, the Building Inspector shall at his request be provided by the applicant a complete topographic plan of the area proposed for use prepared by a Registered Professional Engineer or Registered Land Surveyor showing elevations of the land, contours at one-foot intervals to the same base and scale as that on the "Flood Plain, Watershed and Wetlands Protection District" maps of the Town, and showing all pertinent information including existing brooks, streams, river and areas of ponding, the extent and depth of proposed excavation and/or filling and limits of other proposed construction and/or appurtenant work.
4273. In case of a building permit for an interior improvement to a building or structure, the foregoing overall topographic plan shall not be required.
AQUIFER PROTECTION DISTRICT
AQUIFER PROTECTION DISTRICT (Voted at ATM on 5/24/99)
Designation. The Aquifer Protection District shall include all land designated as such and shown and delineated on a map entitled “Aquifer Protection Study – Town of Norwell, 1988 – Aquifer Protection District”. The Aquifer Protection District shall be considered to be superimposed over any other district established by this zoning bylaw. All land in this District is subject to the regulations set forth in this Section 4300 and such regulations shall be in addition to, rather than in place of, the requirements for the underlying district.
Purpose. The purpose of this Section, in addition to the purposes enumerated in Section 1100 of this zoning bylaw, are:
To preserve and maintain the quality of the ground water underlying the Town of Norwell, so as to preserve the present and potential water supplies for the public health and safety of the inhabitants of the Town.
To protect such ground water from the danger of accidental spills and discharge of petroleum products and other toxic and hazardous materials, and from sewage discharge, all of which pose potential public health and safety hazards and threaten economic losses to the Town.
To enhance ground water recharge by minimizing the amount of impervious surface coverage in aquifer recharge areas.
Procedure. Whenever an application is made for a building or use permit which the Building Inspector/Zoning Officer believes may involve the use of land in the District, he shall determine by any means at his disposal, whether the parcel identified in the application lies within the Aquifer Protection District.
Permitted Uses. Uses not requiring a Special Permit under Section 4350 or prohibited under Section 4360 are permitted in the Aquifer Protection District, subject to the applicable provisions of this bylaw, other provisions of this zoning bylaw applicable to the underlying zoning districts in which said Aquifer Protection District is located and to any other applicable overlay district regulations.
4350. Special Permits.
4351. Schedule of Special Permit Uses. Where otherwise legally permitted by the provisions of this zoning bylaw applicable to the underlying districts in which the Aquifer Protect District is located, and subject to such special conditions and safeguards as the Board of Appeals deems necessary to fulfill the purpose of this Section, the following uses are permitted by Special Permit granted by the Zoning Board of Appeals in accordance with the provisions of subparagraphs 4352 through 4355:
a) Any use involving secondary usage or storage of toxic or hazardous materials in quantities greater than normally associated with usual household use.
4352. For any use for which a Special Permit is required under the provisions of this bylaw the applicant shall submit, in addition to any other information required to be submitted, the following:
a) A complete list of all chemicals, commercial fertilizers, pesticides, fuels and other potentially toxic or hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect all storage containers/facilities from vandalism, corrosion and leakage and to provide for control of spills.
b) A description of potentially toxic or hazardous materials is to be generated, indicating storage and disposal methods.
c) Evidence of approval by the Massachusetts Department of Environmental Protection (DEP) of any industrial waste treatment or disposal system or any wastewater treatment system over 15,000 gallons per day capacity.
Projections of downgradient concentrations of nitrogen and other relevant chemicals at property boundaries and other locations deemed pertinent by the Board of Appeals. Projections shall be based upon appropriate ground water models and the following information/standards:
Nitrogen Loading Calculations:
Wastewater per person: 6 lbs Nitrogen per year.
Persons per bedroom – 2
Lawn Fertilizers: 2 lbs Nitrogen/1,000 square
feet of lawn per year.
Road Run-Off: 0.10 lbs. Nitrogen per curb mile
per day.
(e) Background Nitrogen Concentration: Actual field measurements.
Groundwater Flow and Impacts to Drinking Water Supply
Wells:
(a) Identify probable impacted water supply well(s) by
constructing flow lines downgradient of the
proposed site on the 1988 Norwell Water Table Map.
Areal Recharge Rate: 18.5 inches per year for sand and gravel; seven (7) inches per year for till.
Hydraulic Conductivity: Site-specific measurements.
Saturated Thickness: 1988 Norwell Saturated Thickness Map to be supplemented by site specific/borings.
e) Ground Water Gradient: 1988 Norwell Water Table Map to be supplemented with site-specific measurements.
(f) Upon receipt of the Special Permit application, the Board of Appeals shall transmit one copy to the Board of Water Commissioners and any other relevant Town agency, board, or department for their written recommendations. The necessary number of copies of the application shall be furnished by the applicant. Failure by an agency to respond in writing within 35 days shall indicate approval or no desire to comment by said agency.
4353. Considerations. In hearing an application for a Special Permit hereunder, the Board of Appeals shall consider, in addition to any other factors said Board deems pertinent, the following factors:
The simplicity, reliability and feasibility of the proposed measures for containment of toxic or hazardous materials and control of spills.
The degree of threat of water quality which would result if the control measures failed.
The recommendations of other Town Agencies regarding the application, if any.
4354. Criteria for Approval. Special Permits under this section shall be granted only if the Board of Appeals determines that:
a) The intent of this bylaw as well as its specific criteria are met; and
b) Ground water quality resulting from on-site waste disposal and other on-site operations will not fall below federal or state standards for drinking water at the downgradient property boundary (10 ppm concentration nitrate-nitrogen).
The Board of Appeals shall explain any departures from the recommendations of other Town agencies in its decision.
Prohibited Uses. The following uses are specifically prohibited in the Aquifer Protection District:
Sanitary landfills, landfills receiving only wastewater residuals and/or septic residuals or other disposal of solid waste.
Motor vehicle salvage operations and Junk yards
c) Municipal sewage treatment facilities with on-site disposal of primary or secondary treated effluent.
Package sewage treatment plants
Car or truck washes
Road salt or other de-icing chemical stockpiles
Dumping of snow from outside the District
Self-service laundries, unless connected to public sewerage
Dry cleaning establishments
Airplane, boat and motor vehicle service and repair, including auto body shops
Metal plating, finishing or polishing
Chemical and bacteriological laboratories
Storage and/or sale of petroleum or other refined petroleum products, except within the building it will be used to heat
Commercial photographic processing
Commercial printing, other than xerographic reproduction
The rendering impervious of more than fifteen percent (15%) of any lot or two thousand five hundred (2,500) square feet of any lot, whichever is greater, unless a system of groundwater recharge of precipitation is provided that will not result in degradation of groundwater. Under no circumstances shall the system of groundwater recharge and impervious material combined encompass more than thirty-five percent (35%) of any lot.
Hotel or motel, unless connected to a public sewerage
Any commercial/industrial facility or use which involves as a principal or secondary activity, the manufacture, storage, use, transportation or disposal of toxic or hazardous materials, wastes or animal manure except as allowed by Special Permit in Section 4350.
Non-sanitary treatment or disposal works that are subject to 314 CMR 5.00 except the following:
a . The replacement or repair of an existing system that will not result in a design capacity greater than the design capacity of the existing system; and
Treatment works approved by the DEP designed for the treatment of contaminated groundwater.
The removal of soil, loam, sand and gravel within four (4) feet of the historic high groundwater elevation, with the following exceptions: removal of soil for road excavations, building foundations and utility works.
Design and Operations Guidelines. The following design and operation guidelines shall be observed within the Aquifer Protection District.
Safeguards. Provision shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as: prohibition of underground fuel storage tanks, spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials; and indoor storage provisions for corrodible or dissolvable materials. Storage of toxic or hazardous materials must meet the requirements of 310 CMR 22.21 (2) B5. For operations, which allow the evaporation of toxic or hazardous materials into the interior of any structures, a closed vapor recovery system shall be provided for each such structure to prevent discharge of contaminated
condensate into the groundwater.
Location: Where the premises are partially outside of the Aquifer Protection District, potential pollution sources such as on-site waste disposal systems shall be located outside the District to the extent feasible.
For any toxic or haxzardous materials to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods, which are in conformance with MGL Chapter 21C.
Drainage. All runoff from impervious surfaces shall be recharged on the site diverted towards areas covered with vegetation for surface infiltration to the extent possible. Dry wells shall be used only where other methods are not feasible, and shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants. If dry wells are utilized, the property owner shall be required to have oil, grease and sediment traps cleaned annually and to provide the Building Inspector/Zoning Officer, on an annual basis, with proof of such cleaning.
Violations. Written notice of any violation of this bylaw shall be provided by the Building Inspector/Zoning Officer to the owner of the premises, specifying the nature of the violations and a schedule of compliance, including cleanup of any spilled materials. This compliance schedule must be reasonable in relation to the public health hazard involved and the difficulty of compliance. In no event shall more than 30 days be allowed for either compliance or finalization of a plan for longer-term compliance.
Definitions.
TOXIC OR HAZARDOUS MATERIAL: Any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land or waters of this Town. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radio-active or infectious wastes, acids and alkalis, and include products such as pesticides, herbicides, solvents and thinners. Wastes generated by the following activities, without limitation, are presumed to be toxic or hazardous unless and except to the extent that anyone engaging in such an activity can demonstrate the contrary to the satisfaction of the Board of Health.
Cabinet Making
Electronic circuit assembly assembly
Motor and machinery service and assembly
Painting, wood preserving and furniture stripping
Pesticide and herbicide application
NON-SANITARY TREATMENT OR DISPOSAL WORKS: Wastewater discharge from industrial and commercial facilities containing wastes from any activity other than the collection of sanitary sewage, including but not limited to, activities specified in the Standard Industrial Classified Codes set forth in 310 CMR 15.004 (6).
Accessory Uses
Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a Special Permit by the Board of Appeals provided the granting authority finds that the proposed accessory use does not substantially derogate from the public good.
Trailers
No automotive type of trailer, whether mobile or immobile, put in place upon any land within the Town shall be occupied for living purposes or business purposes within the Town. Except that trailers may be placed upon a construction site for use as engineering or construction office, only. Permits for such use shall be granted by the Inspector of Buildings for a period not exceeding one year, subject to annual renewal, which shall terminate within thirty (30) days of completion of the project.
ARTICLE IV
SPECIAL REGULATIONS
PERSONAL WIRELESS SERVICE FACILITIES (Voted at STM 12/8/1997)
Amended at STM, 12/1/2003, Art. No. 3)
Purpose and Intent. It is the express purpose of this bylaw to minimize the visual and environmental impacts of personal wireless service facilities, consistent with the provisions of Section 253 and 704 of the Federal Telecommunications Act of 1996. The Bylaw enables the review and approval of personal wireless service facilities by the Town’s Zoning Board of Appeals in keeping with existing bylaws and historic development patterns. It sets standards which are intended to preserve the safety, character, appearance, property values, natural resources and historic sites of the Town; mitigate any adverse visual effects through proper design, location and screening of structures; and to encourage co-location of antennas where feasible in order to minimize the total
number of sites required.
Scope. Section 4600 shall apply to all wireless telecommunications antennas and towers and related equipment, fixtures and enclosures, including any modifications to any of the preceding, but shall not apply to fire, police, ambulance and other safety communications antennas, amateur (ham) radio or citizens band radio antennas, or to non-transmitting television antennas.
District Regulations.
Use Regulations. A personal wireless service facility shall require a building permit in all cases, and may be permitted as follows:
A personal wireless service facility may locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower or water tower, provided that the installation of the new facility does not increase the height of the existing structure except as provided in Section 4623(b) below. Such installations shall not require a Special Permit but shall require site plan approval by the Zoning Board of Appeals.
A personal wireless service facility involving construction of one or more ground or building (roof or side) mounts shall require a Special Permit. Such facilities may locate by Special Permit in all zoning districts within the Town, provided that the proposed use complies with the height and setback requirements of Section 4623 and all of the Special Permit Regulations set forth in Section 4630 of this Bylaw.
A personal wireless service facility that exceeds the height restrictions of Sections 4623(a)-(c) may be permitted by Special Permit in a designated Wireless Service Overlay District provided that the proposed facility complies with the height restrictions of
Section 4623(d), and with all of the setback and Special Permit Regulations set forth in Sections 4623 and 4630 of this Bylaw.
Location. Applicants seeking approval for personal wireless service facilities shall comply with the following:
If feasible, personal wireless service facilities shall be located on existing structures, including but not limited to buildings, water towers, existing telecommunications facilities, utility poles and towers and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more personal wireless service facilities. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate.
If the applicant demonstrates that it is not feasible to locate on an existing structure, personal wireless service facilities shall be designed so as to be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping and placement within trees to create an effective year round visual buffer.
The applicant shall submit documentation of the legal right to install and use the proposed facility at the time of application for a building and/or Special Permit.
Dimensional Requirements. Personal wireless facilities shall comply with the following requirements:
Height, General. The height of a personal wireless service facility shall not exceed by more than ten (10) feet the height limits of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged or concealed such as within a steeple, chimney or similar structure. Personal wireless service facilities may locate on a building that is legally non-conforming with respect to height, provided that the facilities do not project above the existing building height. (STM 12/1/2003, Art. No. 3)
Height, Existing Structures. New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw: Water towers, guyed towers, lattice towers, fire towers and monopoles, provided that
1) location on existing water towers will be subject to approval of the proposed attachment methods and maintenance procedures by the Water Department and Board of Health;
2) there is no increase in height of the existing structure as a result of the installation of a personal wireless service facility.
Height, Existing Structure, (Utility). New antennas located on any of the following existing structures shall be exempt from the height restrictions of this bylaw provided that there is no more than a twenty foot (20’) increase in the height of the existing structure as a result of the installation of a personal wireless service facility: electric transmission and distribution towers, telephone poles and similar existing utility structures. This exemption shall not apply in Historic Districts, within 150 feet of the right-of-way of any scenic roadway, or in designated scenic viewsheds.
Height, Wireless Facility Overlay Districts. Within the Wireless Facility Overlay District (as designated on the town zoning map), personal wireless service facilities of up to 150 feet are permitted by Special Permit. These taller structures shall be of non-guyed design, and shall comply with all setback and Special Permit Regulations as set forth in this Bylaw.
Setbacks. All personal wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed:
The minimum distance from the base of any ground-mounted personal wireless service facility to any property line, public way, habitable dwelling, shall be three (3) times the height of the facility/mount, including any antennas or other appurtenances.
2) In the event that an existing structure is proposed as a mount for a personal wireless service facility, the setback provisions of the underlying zoning district shall apply. In the case of pre-existing non-conforming structures, personal wireless service facilities and their equipment shelters shall not increase any non-conformities, except as provided in 4623(e)(3) below.
3) Flexibility. In reviewing a Special Permit application for a personal wireless service facility, the Zoning Board of Appeals may reduce the setback by as much as 2/3 of the required distance, if it finds that a substantially better design will result from such reduction. In making such a finding, the Zoning Board of Appeals shall consider both the visual and safety impacts of the proposed use.
Special Permit Regulations. All personal wireless service facilities shall comply with the Performance Standards set forth in this section.
Design Standards.
a) Visibility/Camouflage. Personal wireless service facilities
shall be camouflaged as follows:
1) Camouflage by Existing Buildings or Structures:
i) When a personal wireless service facility extends above the roof height of a building on which it is mounted, every reasonable effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front faÁade in order to limit their impact on the building’s silhouette.
ii) Personal wireless service facilities which are side mounted shall blend with the existing building’s architecture and, if over five (5) square feet, shall be painted or shielded with material which is consistent with the design features and materials of the building.
Color.
i) Personal wireless service facilities which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.
ii) To the extent that any personal wireless service facilities extend above the height of the vegetation immediately surrounding them, they shall be painted in a light gray or light blue hue that blends with sky and clouds.
b) Equipment Shelters. Equipment shelters for personal wireless service facilities shall be designed consistent with one of the following design standards:
Equipment shelters shall be located in underground vaults, or
Equipment shelters shall be designed to be consistent with the architectural styles, materials and roof design typical of the district in which the facility is located; or
Equipment shelters shall be camouflaged behind an effective year-round landscape buffer and/or wooden fence, equal to the height of the proposed building. The Zoning Board of Appeals shall determine the style of fencing and/or landscape buffer that is compatible with the neighborhood.
c) Lighting and Signs.
Personal wireless facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the property to be developed, and foot candle measurements at the property line shall be 0.0 initial foot candles when measured at grade.
Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All such signs shall comply with the requirements of Section 3300 of these Bylaws.
Historic Buildings and Districts.
1) Any personal wireless service facilities located on or within a historic structure shall not alter the character-defining features, distinctive construction methods or original historic materials of the building.
2) Any alteration made to an historic structure to accommodate a personal wireless service facility shall be fully reversible.
3) Personal wireless service facilities within a historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district.
Scenic Landscapes and Vistas.
Equipment shelters shall not be located within open areas that are visible from public roads or residential development. As required in the Section 4631 (a), all ground-mounted equipment shelters which are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth.
Any personal wireless service facility that is located within 300 feet of a scenic vista, scenic landscape or scenic road as designated by the Town shall not exceed the height of vegetation at the proposed location. If the facility is located farther than 300 feet from the scenic vista, scenic landscape or scenic road, the height regulations described elsewhere in this bylaw will apply.
Environmental Standards.
Personal wireless service facilities shall not be located in wetlands. Locating of wireless facilities in wetland buffer areas shall be avoided whenever possible and disturbance to wetland buffer areas shall be minimized.
No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.
Storm water run-off shall be contained on-site.
Ground-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 db at the property line.
Roof-mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 db at ground level at the base of the building closest to the antenna.
4633. Safety Standards.
a) Radio-frequency Radiation (RFR) Standards. All equipment proposed for a personal wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radio-frequency Radiation.
All ground mounted personal wireless service facilities shall be surrounded by a security barrier.
Application Procedures.
Special Permit Granting Authority. The Special Permit Granting Authority for personal wireless service facilities shall be the Zoning Board of Appeals (ZBA).
Site Plan Approval. Applications require approval of a site plan consistent with Section 1500, except that such approval is required in all districts.
Application Filing Requirements. The following shall be included with an application for a Special Permit for all personal wireless service facilities.
General Filing Requirements
Name, address, and telephone number of applicants and any co-applicants, as well as any agents for the applicants or co-applicants.
Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the personal wireless service facility.
A licensed carrier shall either be an applicant or a co-applicant.
Original signatures for the applicant and all co-applicants applying for the Special Permit are required. If the applicant or co-applicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted.
Location Filing Requirements
Identify the subject property by including the Town as well as the name of the locality, name of nearest road or roads and street address, if any.
Tax map and parcel number of subject property.
Zoning district designation for the subject parcel. (Submit copy of Town Zoning map with parcel identified.)
A line map to scale showing the lot lines of the subject property and the location of all buildings, including accessory structures, on all properties shown within 300 feet of the proposed wireless facility.
The proposed locations of all existing and future personal wireless service facilities in the Town on a Town-wide map for this carrier.
b) Siting Filing Requirements
A “one inch equals 40 feet” (1”=40’) vicinity plan showing the following:
Property lines for the subject property.
Property lines of all properties adjacent to the subject property within three hundred (300) feet of the property line.
Tree cover on the subject property and adjacent properties within three hundred (300) feet of the proposed wireless facility, by dominant species and average height, as measured by or available from a verifiable source.
Outline of all existing buildings, including purpose (e.g. residential buildings, garages, accessory structures, etc.) on subject property and all adjacent properties within three hundred (300) feet of the proposed wireless facility.
Proposed location of antenna, mount and equipment shelter(s).
Proposed security barrier, indicating type and extent as well as point of controlled entry.
Location of all roads, public and private, on the subject property and on all adjacent properties within three hundred (300) feet of the proposed wireless facility, including driveways proposed to serve the personal wireless service facility.
Distances, at grade, from the proposed personal wireless service facility to each building on the vicinity plan.
Contours at each two feet (2’) AMSL for the subject property and adjacent properties within three hundred feet (300) of the property line.
All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the personal wireless service facility.
Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed from “Sight Lines” sub-section below.)
Sight Lines and Photographs as Described Below:
Sight Line Representation. A sight line representation shall be drawn from any public road within 300 feet and the closest faÁade of each residential building (viewpoint) within three hundred (300) feet, to the highest point (visible point) of the personal wireless service facility. Each sight line shall be depicted in profile, drawn at one inch equal 40 feet (1”=40’). The profiles shall show all intervening trees and buildings. In the event there is only one residential building within three hundred (300’) feet, there shall be at least two sight lines from the closest habitable structures or public roads, if any.
Existing (before condition) photographs. Each sight line shall be illustrated by one (1) four inch by six inch (4” x 6”) color photograph of what can currently be seen from any public road within 300 feet of the proposed wireless facility.
Proposed (After Condition). Each of the existing condition photographs shall have the proposed personal wireless service facility superimposed on it to show what will be seen from public roads if the proposed personal wireless service facility is built.
Siting Elevations, or views at-grade from the north, south, east and west for a fifty foot (50-foot) radius around the proposed personal wireless service facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot (l/4” = 1’) or one-eight inch equals one foot (l/8” = 1’) scale and show the following:
Antennas, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point.
Security Barrier. If the security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.
Any and all structures on the subject property.
Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.
v) Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.
Design Filing Requirements
1) Equipment brochures for the proposed personal wireless service facility such as manufacturer’s specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as runs and security barrier, if any.
2) Materials of the proposed personal wireless service facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs and security barrier, if any.
Colors of the proposed personal wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
Dimensions of the personal wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
Appearance shown by at least two photographic super-impositions of the personal wireless service facility within the subject property. The photographic super-impositions shall be provided for the antennas, mounts, equipment shelters, cables, as well as cable runs and security barrier, if any, for the total height, width, and breath.
Landscape plan including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
Within thirty (30) days of the pre-application conference, or within twenty-one (21) days of filing an application for a Special Permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Town at least fourteen (14) days, but not more than twenty-one (21) days prior to the test.
If lighting of the site is proposed, the applicant shall submit a manufacturer’s computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and twenty-five (25) feet beyond the property lines. The printout shall indicate the locations and types of luminaire proposed.
Noise Filing Requirements. The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed personal wireless service facilities, measured in decibel Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following:
Existing, or ambient: the measurements of existing noise.
Existing plus proposed personal wireless service facilities: maximum estimate of noise from the proposed personal wireless service facility plus the existing noise environment.
Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw.
Radio-Frequency Radiation (RFR) Filing Requirements. The applicant shall provide a statement listing the existing and maximum future projected measurements of RFR from the proposed personal wireless service facility, for the following situations:
Existing, or ambient: the measurements of existing RDR.
Existing plus proposed personal wireless service facilities: estimate of the maximum of RFR from the proposed personal wireless service facility plus the existing RFR environment.
Certification, signed by a RF engineer stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards sub-section of the Bylaw.
Federal Environmental Filing Requirements.
The National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CRF Ch I). The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any personal wireless service facility proposed in or involving any of the following:
Wilderness area
Wildlife preserves
Endangered species habitat
Historical site
Indian religious site
Flood plain
Wetlands
High intensity white lights in residential neighborhoods.
Excessive radio-frequency radiation exposure.
At the time of application filing, an EA that meets FCC requirements shall be submitted to the Town for each personal wireless service facility site that requires such an EA to be submitted to the FCC.
The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the personal wireless service facility that are considered hazardous by the federal, state, or local government.
(g) The Zoning Board of Appeals may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility.
Co-Location.
Licensed carriers shall share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for a Special Permit for a personal wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:
A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;
Contact with all the other licensed carriers for commercial mobile radio services operating in the Town; and
Providing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.
In the event that co-location is found to be NOT feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Town. The Town may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Town may deny a Special Permit to an applicant that has not demonstrated a good faith effort to provide for co-location.
If the applicant does not intend to co-locate or to permit co-location, the Town shall request drawings and studies which show the ultimate appearance and operation of the personal wireless service facility at full build-out.
If the ZBA approves co-location for a personal wireless service facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Facilities specified in the Special Permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved Special Permit shall require a new Special Permit.
Estimates of RFR emissions will be required for all facilities, including proposed and future facilities.
Modifications. A modification of a personal wireless service facility may be considered equivalent to an application for a new personal wireless service facility and require a Special Permit when the following events apply:
The applicant and/or co-applicant want to alter the terms of the Special Permit by changing the personal wireless service facility in one or more of the following ways:
Change in the number of facilities permitted on the site;
Change in technology used for the personal wireless service facility.
Additional equipment shelter.
b) The applicant and/or co-applicant want to add any equipment or additional height not specified in the original design filing.
Monitoring and Maintenance.
Within ninety (90) days of the beginning of operations, and annually thereafter, the applicant shall submit measurements of RFR from the personal wireless service facility. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radio-frequency Standards section of this Bylaw.
4672. The applicant and co-applicants shall maintain the personal wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer area and landscaping.
Abandonment or Discontinuation of Use.
At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier will notify the Town by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the personal wireless service facility shall be considered abandoned upon such discontinuation of operations.
Upon abandonment or discontinuation of use, the carrier shall physically remove the personal wireless service facility within ninety (90) days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:
Removal of antennas, mounts and equipment shelters and security barriers from the subject property.
Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.
If a carrier fails to remove a personal wireless service facility in accordance with this section of this Bylaw, the Town shall have the authority to enter the subject property and physically remove the facility. The Zoning Board of Appeals may require the applicant to post a bond at the time of construction to cover costs for the removal of the personal wireless facility in the event the Town must remove the facility.
Reconstruction or Replacement of Existing Towers and Monopoles. Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of this Bylaw may be reconstructed, altered, extended, or replaced on the same site by Special Permit, provided that the Zoning Board of Appeals finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the existing structure. In making such a determination, the ZBA shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location,
improvements in public safety, and/or reduction in visual and environmental impacts. No reconstruction, alteration, extension or replacement shall exceed the height of the existing facility by more than twenty (20) feet.
Term of Special Permit. A Special Permit issued for any personal wireless service facility over fifty (50) feet in height shall be valid for twenty (20) years. At the end of that time period, the personal wireless service facility shall be removed by the carrier or a new Special Permit shall be required.
(FOR DEFINITIONS PERTINENT TO PERSONAL WIRELESS SERVICE FACILITIES SEE ARTICLE V FOLLOWING THIS SECTION.)
(SECTION 4600 WAS VOTED AND ADDED TO ZONING BYLAWS AT SPECIAL TOWN MEETING HELD ON MONDAY, DECEMBER 8, 1997.)
VILLAGE OVERLAY DISTRICT. (Voted ATM 5/25/1999)
PURPOSE: The purpose of the Village Overlay District (VOD) is to:
Provide dwelling units for occupancy by individuals
fifty-five (55) years of age or older; and
Provide for mixed and diverse varieties of housing, including affordable housing; and
Provide for residential development in a manner that conserves environmental features, woodlands, wet areas, open space, areas of scenic beauty, views and vistas.
APPLICABILITY. The VOD shall be construed as an overlay district. All requirements of the underlying zoning district(s) shall remain in full force and effect, except where the requirements of the VOD are more restrictive or provide for uses or structures not otherwise available in the underlying district; in such cases, the requirements of the VOD may supersede the underlying zoning regulations upon the issuance of a Special Permit from the Planning Board.
The VOD shall include all land designated by a two-thirds (2/3) vote of Town Meeting as within the district, all pursuant to M.G.L. c 40A, s.5.
DEFINITIONS.
Applicant – The person or persons, including a corporation or other legal entity, who applies for issuance of a Special Permit for construction of a Village Residential Development (VRD) hereunder. The Applicant must own, or be the beneficial owner of, all the land included in the proposed VRD, or have authority from the owner(s) to act for him or hold an option or contract duly executed by the owners(s) and the Applicant giving the latter the right to acquire the land to be included in the site.
Bedroom – A separate room in a dwelling unit intended for, or which customarily could be used for, sleeping.
Buffer – An area within a VRD adjacent to its boundaries, streams and ponds, which may not be cleared, cut, developed or otherwise disturbed except as provided herein.
Development Schedule – A schedule showing the order and timing of construction and the sequence of the improvements to be built or furnished in the VRD site, separated into stages where applicable.
Regulations – The rules and regulations of the Planning Board.
Upland – All land not defined as wet areas.
Village Residence Development (VRD) – A combination of single-family dwellings and permissible accessory uses authorized by Special Permit from the Planning Board as set forth herein.
Wet Areas – All land, other than wetland buffer zones, subject to the provisions of Massachusetts Wetland Protection Act, M.G.L. c. 131, s. 40 and 40A and the Town of Norwell Wetlands Bylaw, Article XVI-a.
USE RESTRICTIONS. A VRD, consisting of the uses set forth below, individually or in combination, may be authorized by a Special Permit issued by the Planning Board pursuant to this Section and in compliance with the standards set forth herein.
Attached or detached dwelling units owned and occupied by persons aged fifty-five (55) and over, provided, however, that one spouse may be under age fifty-five (55).
Structures and uses accessory to the use set forth above, including: community buildings serving the residents of the VRD; recreational facilities; underground utilities located on a lot not serving the dwelling units; roadways.
APPLICATION. An application for a Special Permit for construction of a VRD within the VOD shall be submitted to the Planning Board on forms furnished by the Planning Board, accompanied by: (a) the filing fee determined in accordance with the Planning Board’s Rules and Regulations; (b) the following information and data; and (c) a development plan as described below:
All of the information required for site plan approval pursuant to Section 1520 herein:
The name(s) and address(es) of the Applicant and all legal and beneficial owners of the site; copies of all instruments, options, contracts or encumbrances affecting ownership of the development site; and an instrument executed by all persons owning property within the site consenting to the development of the subject property, as applied for.
A proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable and the estimated date of completion.
A narrative report prepared by qualified professionals, detailing the impact of the development on the Town’s capacity to furnish services including, but not limited to, roads, water and sanitation.
Information regarding the number and kind of dwelling units and other structures proposed, their design, their location, the number of bedrooms planned, the sale prices and fees anticipated and population projections pertaining thereto.
Areas to be set aside for building structures, parking areas and conservation and recreation easements.
Information regarding the number and kind of dwelling units and other structures proposed, their design, their location, the number of bedrooms planned, the sale price and fees anticipated and population projections pertaining thereto.
Copies of all proposed deed restrictions to assure resale at affordable prices and the right of first refusal in favor of the Town for dwelling units to be sold at affordable prices, if applicable.
Any and all other information that the Planning Board may reasonably require in a form acceptable to it to assist in determining whether the applicant’s proposed development plan meets the objectives of this Section.
STANDARDS. In order to be eligible for consideration for a Special Permit to construct a VRD pursuant to Section 4700, a proposed VRD shall meet all of the following standards:
Qualifying Area. The VRD site shall be located within the VOD and shall contain at least 40 contiguous upland acres, including at least one acre of upland for each dwelling unit proposed.
Open Space Requirement. At least fifty percent (50%) of all upland contained within the VRD site shall be open space, which shall be left in its natural vegetated state.
Buffer. A buffer area of one hundred seventy-five (175) feet shall be provided at the perimeter of the VRD site where it abuts residentially zoned or occupied properties sufficient to substantially limit the visibility of the VRD from outside its perimeter; provided, however, the buffer may be reduced to not less than fifty (50) feet upon a finding by the Planning Board that suitable screening can be provided. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance and provided, however, that structures or buildings may be located within the buffer area upon approval of the Planning Board with the issuance of a Special Permit. Undergrowth planting may be added.
Roadways and Paths. Where intended for dedication and acceptance by the Town of Norwell, the principal roadway(s) serving the site shall be designed to conform with the standards of the Planning Board’s Subdivision Regulations and any other standards of the Town of Norwell. Private ways shall be adequate for intended vehicular and pedestrian traffic and shall be maintained by an association of unit owners or by the applicant. Paths for the use of residents shall be attractively designed with proper regard for convenience, separation of vehicular, bicycle and pedestrian traffic, and access to the amenities and facilities on the site and to paths on adjacent sites.
Parking. The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces.
Surface Drainage. The surface drainage system shall be designed in accordance with the Subdivision Regulations of the Planning Board, the Rules and Regulations of the Permanent Drainage Study Committee and the DEP’s Stormwater Management Policy and Design Guidelines as amended.
Utilities. All electric, gas, telephone, and water distribution lines shall be placed underground.
Dwelling Unit. The development of one or more dwelling units on a lot or lots shall be permitted in an application to construct a VRD. Dwelling Units may be situated on any common or individual lot consistent with the overall design objectives of the VOD; provided, however, that such dwelling units shall comply with the provisions of the State Sanitary Code, 310 CMR 15.00, any other applicable State Regulations, and with the rules of the Norwell Board of Health.
REVIEW FEES. The Planning Board may engage, at the expense of the applicant, professional, technical and/or legal consultants to review an application for a Special Permit within the VOD and to evaluate compliance with the Special Permit.
AFFORDABLE UNITS. The applicant is encouraged to provide dwelling units at prices affordable to persons or families of low or moderate income. Such affordable dwelling units shall be integrated into the overall development so as to prevent the physical segregation of such units and shall
otherwise be indistinguishable in all respects, including but not
limited to materials, size and design, from comparable market price units.
DECISION. The planning Board by affirmative vote of 4/5 of its members present and voting, may grant a Special Permit for a VRD upon finding that the proposed VRD complies with the requirements of this section. The Planning Board shall not grant a Special Permit unless it determines that all criteria set forth in Section 1420 herein are satisfied. The Special Permit may be granted with such reasonable conditions, regulations, or limitations as the Planning Board may deem necessary to serve the purposes of the Bylaw.
EXPIRATION. Special Permits shall lapse in accordance with Section 1450 herein.
PUBLIC HEARING. Special Permits shall only be issued following Public Hearings held in accordance with Section 1430 herein.
MODIFICATIONS. No structure created within the VRD shall be externally enlarged by more than two hundred (200) square feet and no use changed or expended in the ground except upon approval of the Planning Board and subject to the provisions of Section 4740 through Section 4820.
ARTICLE IV
ADULT ENTERTAINMENT OVERLAY DISTRICT
VOTED AT STM 12/17/2001
(ARTICLES 1 AND 2)
4900 ADULT ENTERTAINMENT OVERLAY DISTRICT
Section 4910 PURPOSE
It is the purpose and intent of this bylaw to address and mitigate the secondary effects of the adult uses referenced herein, which include but are not limited to increase crime, adverse impacts on public health, safety and welfare, decreased property values and neighborhood blight, all of which have been relied upon in considering the enactment of the bylaw.
The provisions of this bylaw have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials unless such matter is prohibited by state of federal law. Similarly, it is not the purpose or intent of this bylaw to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitutions of the United States or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of this bylaw to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or
materials.
SECTION 4920 There is hereby created an ADULT ENTERTAINMENT OVERLAY DISTRICT (AEOD):
Adult Bookstores,
Adult Motion Picture Theatres,
Adult Paraphernalia Stores,
Adult Video Stores and
Establishments Which Display Live Nudity,
As those terms are defined in G. L. c. 40A s. 9A, as amended, and sexually-oriented businesses, hereinafter referred to as “adult entertainment establishments,”are prohibited in ALL zoning districts except as allowed in the ADULT ENTERTAINMENT OVERLAY DISTRICT (AEOD) upon the grant of a special permit by the Board of Appeals, in accordance with Section 1400, as modified by this Section 4900, following Site Plan Review in accordance with Section 1500.
SECTION 4930 APPLICABILITY
The AEOD shall be construed as an overlay district. All requirements of the underlying district(s) shall remain in full force and effect, except where the requirements of the AEOD are more restrictive or provide for uses or structures not otherwise available in the underlying district. In such cases, the requirements of the AEOD shall supersede the underlying zoning regulations upon the issuance of a Special Permit from the Board of Appeals.
SECTION 4940 ADULT ENTERTAINMENT OVERLAY DISTRICT
The AEOD shall include that portion of the land within Business District C-1,
Described in Section 6510, which is situated between a line which runs 200 feet from, and parallel to, the southeasterly side of Pond Street and an easterly boundary line which runs 1,000 feet from, and parallel to, the boundary line between Residence “B” and Business “C-1” aforesaid, shown as the AEOD Overlay District (as designated on the Town Zoning Map), and made a part hereof.
SECTION 4950 SPECIAL PERMIT REQUIREMENTS AND CONDITIONS
SPECIAL PERMIT No adult entertainment establishment shall commence operations without first applying for and receiving a Special Permit from the Board of Appeals.
CONDITIONS The following conditions shall be attached to any Special Permit for adult entertainment establishments:
Special permits granted under Section 4900 shall remain exclusively with the applicant, who shall be the owner or lessee of the premises described in the application. The Special Permit shall terminate automatically on the date the applicant alienates that title or leasehold interest in the premises.
Special Permits issued under Section 4900 shall be for a period of three (3) years from the date of the decision. It shall be renewed for successive three-year (3-year) periods provided that a written request for renewal is made to the Board of Appeals not less than three (3) months prior to the expiration of the then-existing three-year period.
Publication of notice of said request shall be made in the same manner as would be required for an original application for a Special Permit. Said notice shall state that the renewal request will be granted unless, prior to the expiration of the then-existing permit, a written objection to the renewal, stating reasons, is received by the Board of Appeals. In the event of such an objection, a hearing on the renewal shall be held and shall proceed in a manner identical to the course of proceedings in connection with an original permit application.
The Special Permit shall remain in effect until the conclusion of the public hearing and decision of the Board of Appeals either granting or denying the Special permit renewal. In granting the renewal, the Board of Appeals may impose additional conditions, including, without limiting the foregoing, time limits to correct violations, hours of operation and additional screening, upon which a specified lapse or time without correction or compliance shall result in a revocation of the permit.
No adult entertainment establishment shall be located within one hundred fifty (150) feet of a place of worship, school, or day care center.
No adult entertainment establishment shall be located within five hundred (500) feet of another adult entertainment establishment.
With the exception of an adult motion picture theater, adult entertainment establishments may not exceed 3,000 square feet of usable floor area.
Hours of operation for any adult entertainment establishment shall be established by the Board of Appeals.
All exterior building openings, entries and windows shall be screened in such a manner as to prevent the public’s view of the interior from any public or private right of way or abutting property.
No adult entertainment establishment may have any flashing lights visible from the exterior of the premises.
Appearance of buildings for adult uses shall be consistent with the appearance of buildings in similar (but not specifically “adult”) use in Norwell, not employing unusual color or building design, which would attract attention to the premises.
Exterior signs shall identify the name of the establishment but shall not contain any other advertisement or information.
Special Permits shall be granted only after a determination by the Board of Appeals that the location and design of the facility are in harmony with its surroundings, and that adequate safeguards exist through licensing or other means to assure on a continuing basis that activities therein will not be patently contrary to prevailing standards of adults in the community and will not, in any way, involve minors.
PROCEDURAL REQUIREMENTS FOR SPECIAL PERMITS
Special Permits shall only be issued following public hearings held within sixty-five (65) days after filing of an application with the Board of Appeals, a copy of which shall forthwith be given to the Town Clerk by the applicant.
The Board of Appeals shall act within ninety (90) days following a public hearing for which notice has been given by publication or posting and by mailing to all parties in interest. Failure by the Board of Appeals to take final action upon an application for a Special Permit within said ninety (90) days following the date of public hearing shall be deemed to be a grant of the permit applied for.
A Special Permit granted under this section shall lapse within two (2) years, including such time required to pursue or await the determination of an appeal as referred to in G.L. c 40A, s. 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or, in the case of a permit for construction, if such construction has not begun by such date except for good cause.
Any Adult Entertainment Establishment Special Permit issued under this
section shall require that the owner of such business shall supply on a continuing basis to the Building Inspector and Zoning Enforcement Officer any change in the name of the record owner or address or any change in the name of the current manager; and that failure to comply with this provision shall result in the immediate revocation of such Special Permit. If anyone so identified is or has been convicted of violating G. L. c. 119, s. 63, or G.L. c. 272, s. 28, or s. 31, or is listed on the Sex Offender Registry, such Special Permit shall be immediately null and void.
Any existing adult entertainment establishment shall apply for such a Special Permit within ninety (90) days following the adoption of this Section 4900.
No Adult Entertainment Establishment Special Permit shall be issued under this section, become valid or in full force and effect until and unless the owner of the property containing such adult entertainment establishment shall supply to Board of Appeals a notarized statement agreeing to all terms and conditions of said Adult Entertainment Establishment Special Permit.
No Adult Entertainment Establishment Special Permit shall be effective until the expiration of any applicable appeal period under G. L. c.40A, s. 17.
STATUTORY PROHIBITION No Special Permit under Section 4900 shall be issued to any person convicted of any violation under G. L. c.119, s. 63, or G.L. c. 272, s. 28 or s. 31.
SECTION 4960 APPLICATION INFORMATION
Name and address of the legal owner of the establishment;
Name and address of all persons having lawful equity or security interests in the establishment;
Name and address of the manager;
Number of employees;
Proposed provisions for security within and without the establishment;
The physical layout of the interior of the establishment;
Design of proposed signs;
Proposed design of building exterior;
Plan of proposed parking and exterior lighting;
Plan of proposed screening.
SECTION 4970 SEVERABILITY
The invalidity of any part, section or provision of this Section 4900 shall not invalidate any other part, section or provision therein.
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