Town of Freetown by jvv13668

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									TOWN OF FREETOWN
43D PRIORITY DEVELOPMENT SITE
PERMITTING GUIDEBOOK




           Last Updated:
             MAY, 2009
                            TABLE OF CONTENTS

                                                                     Page
          Introduction                                                3

          The People: Departments and Boards                          4
                                            Permits Coordinator       5
                                                Board of Health       6
                                            Board of Selectmen        9
                                Building Department/Inspections      13
                                      Conservation Commission        16
                                               Fire Department       18
                                                Planning Board       20
                                       Zoning Board of Appeals       23
                                             Meetings Calendar       29

          Procedures                                                 30
                           Permitting Procedures for Ch. 43D PDS     31
             PDS Project Review and Decision Process Flow Chart      39
                                                   Special Permits   40
                               Special Permit Process Flow Chart     41
                                                 Site Plan Review    42
                                                         Variances   43
                     Zoning By-Law Variance Process Flow Chart       44
                           Massachusetts Wetlands Protection Act     45
              Conservation Commission Order of Conditions Flow       47
                                                             Chart
            Massachusetts DEP Order of Conditions Appeal Process     48
                                                       Flow Chart

          Permits                                                    50
                                                   Permit Matrix     51
                                                  Board of Health    52
                                              Board of Selectmen     53
                                            Building Department      70
                                        Conservation Commission      75
                                                 Fire Department     83
                                                  Planning Board     86




TOWN OF FREETOWN                                                            2
43D Permitting Guidebook
INTRODUCTION
The purpose of this guidebook is to summarize for you the various          staff persons,
departments and boards involved with the development process in             the Town of
Freetown. The development process requires that a number of permits,       approvals and
licenses be obtained for nearly every development project; only the most   common ones
related to land based development are summarized in the guidebook.

We hope this guidebook is a valuable tool for anyone pursuing residential, commercial or
industrial development. For detailed information, please contact Laurie Carvalho,
Planning/Land Use Administrator.

Disclaimer: The Town of Freetown Protective Bylaws, Zoning Bylaws, and the Rules
and Regulations Governing the Subdivision of Land within the Town of Freetown, as
applicable, take precedence over any information contained within this guidebook in any
conflict between them.




THE PEOPLE: DEPARTMENTS AND BOARDS

The following pages contain information for all of the boards and departments an
applicant may be required to work with during the application process. Any questions or
concerns should first be directed to the Permit Coordinator at the number listed below.




TOWN OF FREETOWN                                                                3
43D Permitting Guidebook
                    THE PEOPLE: DEPARTMENTS AND BOARDS




TOWN OF FREETOWN                                  4
43D Permitting Guidebook
                                                                   Town of Freetown
                                                               Permitting Guidebook
Permits Coordinator

The Permits Coordinator is the first point of contact when developing a project
proposal or applying for a permit. This position acts as a single point of reference
and contact for all development related permit information. Throughout the
development, the Permits Coordinator acts as a liaison between an applicant
and the Town permit-issuing authorities. The Coordinator helps applicants track
where an application is in the process as well as when a decision can be
expected to arrive.


Staff Liaison:                               Laurie A. Carvalho
                                             Phone: 508-644-2270, extension 1402
                                             Email: Planning@Freetownma.gov

Office Hours:                                Mon - Thurs: 9:00am - 4:00pm
                                             Fri: 9:00am - 12:00pm




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43D Permitting Guidebook
                                                                     Town of Freetown
                                                                 Permitting Guidebook
Board of Health

The Board of Selectmen acting as the Board of Health has a mission to protect the
health and safety of the Town of Freetown; to monitor the landfills, inspect all town
restaurants and food service providers, approve all well and septic plans and upgrades,
collect applicable fees, provide the public with the knowledge, respect and
understanding to deal with various health issues and solve the day-to-day health
disputes where the public is concerned.

Staff Liaison:                                Paul Bourgeois, Health Agent
                                              Joseph Lee, Asst. Health Agent
                                              Phone: 508-644-2202 extension 1302
                                              Email: Building@Freetownma.gov

Board/Commission/Committee:                   Board of Health

Office Hours:                                 Mon - Thurs: 8:00am - 4:00pm
                                              Friday: 8:00am - 12:00 noon

Meeting Schedule:                             Every other Monday 6PM as required

Members:                                      Lawrence Ashley, Chairman
                                              Jean Fox, Member
                                              Lisa Pacheco, Member

Permits Issued:                               New septic system plan review, repair
                                              septic system plan review, new septic
                                              system permit, repair septic system
                                              permit, certificate of compliance,
                                              percolation test, additional holes, Title
                                              V review, well permit, installers license,
                                              pump/transport      license,    milk    &
                                              cream, food establishment, common
                                              Victualer, bakery, retail food, hawkers
                                              and peddlers, mobile food, trash
                                              hauler,      stable  permit,     piggery,
                                              massage establishment, muscular
                                              therapy, tobacco vender, tanning
                                              facilities, temporary food permit and
                                              camp license, Body Art.

Process for Obtaining Permits:                Submit two sets of septic            plans
                                              showing   well  location;            other


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43D Permitting Guidebook
                                           applications available at the Health
                                           Department office.

Time Frame for Public Hearing:             Not Required

Time Frame for Decisions:                  Average 10 business days, 45 days
                                           maximum

Appeal Process:                            For septic issues, an appeal is made
                                           to DEP; for all others an appeal is
                                           made to Superior Court

Fee Schedule:                              Please See Next Page for Fee Schedule

Applicable Local, State and Federal Statutes:    Title V, 310 CMR, Board of
                                           Health regulations




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                                                                          Town of Freetown
                                                                      Permitting Guidebook
Board of Selectmen

The Board of Selectmen is a three-member elected board that serves as the town's
executive branch of government. The board is responsible for general policy oversight
of all town functions with particular attention to the town's fiscal and personnel direction.
The Board of Selectmen also issues numerous licenses. The Board's authority includes
appointment of the town administrator, police chief and officers, fire chief, as well as
many boards and committees.

Staff Liaison:                                   Linda Remedis
                                                 Phone: 508-644-2201 extension 1101
                                                 Email: LRemedis@FreetownMA.gov

Office Hours:                                    Mon - Thurs: 8:00am - 4:00pm
                                                 Fri: 8:00am - 12:00pm

       Meeting Schedule:                         2nd & 4th Monday @ 6:00 PM at the
                                                 Freetown Elementary School, 43 Bullock
                                                 Road, East Freetown, MA

Members:                                         Jean Fox, Chairman
                                                 Lawrence Ashley, Selectman
                                                 Lisa Pacheco, Selectman

Permits Issued:                                  Automatic Amusement Devices/
                                                 Jukebox
                                                    license
                                                 Underground Storage Tank (fuel tanks)
                                                 License for sale of second hand furniture
                                                 and merchandise
                                                 Liquor/Entertainment License
                                                 Motor Vehicle Dealer License
                                                 Utility Pole locations

                                                 Please see the Board of Selectmen
                                                 Website at http://www.Freetownma.org
                                                 For a complete list of permits and
                                                 licenses

Process for Obtaining Permits:                   Complete an application, available
                                                 from the selectmen’s office

Time Frame for Public Hearing:                   Will vary with the type of application:


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43D Permitting Guidebook
                                        Liquor: 10 day advance notice
                                        Motor vehicle: 7 day advance
                                          notice

Time Frame for Decisions:               Selectmen meet on the second and
                                          fourth Monday of each month
                                        For Special Permit:  The Board of
                                        Selectmen must make a decision within
                                        90 days of the close of the public
                                        hearing.

Appeal Process:                         For Special Permit: Appeals must be
                                        filed with the Town Clerk within 20
                                        days of the decision filing in
                                        accordance with M.G.L. Chapter 40A
                                        § 17. Anyone aggrieved by the
                                        decision of the Board may file an
                                        appeal with the Superior Court or
                                        Land Court within twenty (20) days of
                                        the date of the filing of this decision
                                        with the Town Clerk.

Fee Schedule:                           Please See Next Page

Applicable Local, State and Federal Statutes: Assorted Massachusetts General
                                          Laws depending upon the type of
                                          permit requested




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43D Permitting Guidebook
            BOARD OF SELECTMEN                        Fee       Fee Minimum
                                                   Amount      Extra

            Food Licenses                            $50.00              0
            Bakery License

            Common Victualer License                 $50.00              0

            Food Service Establishments Permit      $100.00              0

            Mobile Food Server License               $50.00              0

            Retail Food Permits                      $50.00              0

            Temporary Food Permit (Max. 5         $10.00/day             0
            days)

            Liquor Licenses                         $900.00              0
            All Alcoholic Club License

            All Alcoholic Common Victualer         $1,000.00             0
            License

            All Alcoholic Innholder's License      $1,000.00             0

            All Alcoholic Package Store License    $1,000.00             0

            Entertainment License                   $100.00              0

            Temporary 1-Day All Alcoholic            $25.00              0
            License

            Temporary 1-Day Wine & Malt              $10.00              0
            Beverage License

            Wine & Malt Beverage Common             $600.00              0
            Victualer

            Wine & Malt Beverage Package            $600.00              0
            Store

            Motor Vehicle Licenses                  $100.00              0
            Class I Dealer's License

            Class II Dealer's License               $100.00              0

            Class III Dealer's License              $100.00              0

            Livery License                           $10.00              0

            Motor Vehicle Graveyard License         $100.00              0




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43D Permitting Guidebook
            Other                                    $15.00    0
            Licenses/Permits/Fees
            Auctioneer's License - 1 Day

            Auctioneer's License - Annual            $25.00    0

            Automatic Amusement Devices        $50.00/device   0
            License

            Camp License                             $50.00    0

            Copies (+ time involved, if          $0.20/page    0
            applicable)

            Hawker's & Peddler's License             $50.00    0

            Jukebox License                          $20.00    0

            License of Sale of 2nd Hand              $10.00    0
            Furniture/Merchandise

            License to Transport Rubbish or         $200.00    0
            Food Scraps on Town Roads

            Massage/Muscular Therapy License        $100.00    0

            Permit to Open Roadway                  $150.00    0

            Piggery License                         $125.00    0

            Public Hearing Fee                      $100.00    0

            Stable License (4 Years)                $100.00    0

            Temporary Trailer Permits                $75.00    0

            Tobacco Vendor Permit                    $25.00    0

            Transient Vendor License                 $20.00    0

            Tattoo Establishments                   $150.00    0
            Tattoo Establishment License

            Tattoo Practitioner                      $50.00    0




TOWN OF FREETOWN                                                   12
43D Permitting Guidebook
                                                                      Town of Freetown
                                                                  Permitting Guidebook
Building Department/Inspections

Description of Board: The Building Department issues all building related permits
and performs all related inspections, (i.e. building, electrical, plumbing and gas).

Staff Liaison:                               Elsie Soares, Senior Clerk
                                             Phone: 508-644-4001 extension 1301
                                             Email: ESoares@FreetownMA.gov

Board/Commission/Committee:                  Building Department

Office Hours:                                Mon - Thurs: 8:00am - 4:00pm
                                             Friday: 8:00am-12:00pm

Meeting Schedule:                            Not Applicable

Members:                                     Paul Bourgeois, Building Commissioner,
                                               Zoning Enforcement Officer
                                             William Alphonse Jr., Plumbing
                                             Inspector
                                             William Alphonse Jr., Gas Inspector
                                             Marcus Ashley, Wiring Inspector
                                             Christopher Cabral, Wiring Inspector

Permits Issued:                              Building Permits
                                             Plumbing Permits
                                             Electrical Permits
                                             Gas Permits
                                             Trench Permits

Process for Obtaining Permits:               Submit completed application to the
                                             Building Department.

Time Frame for Decisions:                    In accordance with Massachusetts State
                                             building Code, Chapter1, Section 111.1,
                                             the Inspector has thirty (30) days to
                                             review a permit application.

Appeal Process:                              State Building Code Appeals Board

Fee Schedule:                                Please See Next Page

Applicable Local, State and Federal Statutes:    780 CMR


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                                                                     Town of Freetown
                                                                 Permitting Guidebook
Conservation Commission

The Commission's job is to uphold the state Wetlands Protection Act (M.G.L. Chapter
131, section 40) and the Freetown Wetlands Protection By-law. The Conservation
Commission approves site plans and issues permits for work in or near wetlands,
rivers, and wetland buffer zones. The Commission also works to preserve other
resource areas protected by the state.

Staff Liaison:                                Keven Desmarais, Cons. Chairman
                                              Karen Robitaille, Cons. Senior Clerk
                                              Phone: 508-644-3691
                                              Email: KRobitaille@FreetownMA.gov

Board/Commission/Committee:                   Conservation Commission

Office Hours:                                 Mon, Tues, Wed: 9:00am - 1:00pm
                                              Agent hours by appointment

Meeting Schedule:                             1st & 3rd Monday @ 7:00pm

Members:                                      Keven Desmarais, Chairman
                                              David Mannion, Vice-Chairman
                                              Janine Robidoux, Commissioner
                                              Maria Ternullo, Commissioner
                                              Americo Craveiro, Commissioner
                                              Felicia Porawski, Commissioner
                                              Troy Audyatis, Commissioner

Permits Issued:                               Orders of Condition
                                              Requests for Determination of
                                                 Applicability
                                              Notices of Intent
                                              Abbreviated Notice of Resource Area
                                                 Delineation
                                              Abbreviated Notice of Intent

Process for Obtaining Permits:                Please See     Relevant Permit Flow
                                              Charts

Time Frame for Public Hearing:                21 Days From receipt of application




TOWN OF FREETOWN                                                             16
43D Permitting Guidebook
Time Frame for Decisions:   To be determined based upon the
                            type of application.

Appeal Process:             10 days after close of hearing

Fee Schedule:               Determined by the Department of
                            Environmental Protection. Please see
                            www.mass.gov/dep for applications,
                            fees and information.




TOWN OF FREETOWN                                         17
43D Permitting Guidebook
                                                                       Town of Freetown
                                                                   Permitting Guidebook
Fire Department

The Freetown Fire Department's mission is to be a leading emergency service
organization by:

      Meeting the needs of our community in fire prevention, fire suppression, and
       rescue.
      Utilizing and improving the dedication and skills of our people.
      Constantly improving all of our services and operations.

Staff Liaison:                                 Gary Silvia, Fire Chief
                                               Clifford Carden, Fire Lt.
                                               Wesley Vaughan, Jr., Emergency
                                                  Management
                                               Deborah A. Allerdt, Senior Clerk
                                               Phone: 508-763-4829
                                               Email: fire@town.freetown.ma.us
                                                       car1ffd@comcast.net

Board/Commission/Committee:                    Fire Department

Office Hours:                                  8 am – 4 pm, Monday - Friday

Permits Issued:                                Please See Next Page

Process for Obtaining Permits:                 Submit completed application to
                                               Fire Department during normal
                                               business hours

Time Frame for Public Hearing:                 Dependent upon type of permit

Time Frame for Decisions:                      Dependent upon type of permit

Fee Schedule:                                  Please See Next Page

Applicable Local, State and Federal Statutes: Town of Freetown General Bylaws;
                                           M.G.L. Chapter 148, section 37; 527
                                           CMR; NFPA Guidelines; Mass Building
                                           Code.




TOWN OF FREETOWN                                                               18
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                                                                   Town of Freetown
                                                               Permitting Guidebook
Planning Board

Established by M.G.L. c. 41§ 81A and governed by local zoning bylaws and subdivision
rules and regulations, the Planning Board and Planning/Land Use Administrator are
responsible for all community and economic development, planning, and housing
activities for the Town of Freetown. The Planning Board, who is represented by the
Planning/Land Use Administrator, approves site plans and issues Special Permits,
approves Subdivisions, and reviews and makes recommendations on zoning
amendments.

Staff Liaison:                              Laurie A. Carvalho,
                                            Planning/Land Use Administrator
                                            Phone: 508-644-2270, extension 1402
                                            Email: Planning@FreetownMA.gov

Board/Commission/Committee:                 Planning Board

Office Hours:                               Mon-Thurs: 9:00 am - 4:00 pm
                                            Fri: 9:00 am - 12:00 noon

Meeting Schedule:                           1st & 3rd Tuesday @ 7:00 PM

Members:                                    Robert Raymond, Chairman
                                            Keven Desmarais, Vice Chair
                                            Michael Motta, Member
                                            Mark Rogers, Member
                                            Mark Tisdelle, Member

Permits Issued:                             Special Permits
                                            Site Plan Review
                                            Non-Conforming Sign Permits
                                            Subdivision Control

Process for Obtaining Permits:              Submit    application,   plans  and
                                            associated documentation for review
                                            by the Planning Board or Special
                                            Permit Granting Authority.

Time Frame for Public Hearing:              Within 65 days of filing completed
                                            application for a Special Permit

Time Frame for Decisions:                   Within 90 days of the close of public
                                            hearing


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43D Permitting Guidebook
Appeal Process:                            Appeals must be filed with the Town
                                           Clerk within 20 days of the decision
                                           filing in accordance with M.G.L.
                                           Chapter 40A § 17. Anyone
                                           aggrieved by the decision of the
                                           Board may file an appeal with the
                                           Superior Court or Land Court within
                                           twenty (20) days of the date of the
                                           filing of this decision with the Town
                                           Clerk.

Fee Schedule:                              Please See Next Page

Applicable Local, State and Federal Statutes: Massachusetts General Laws
                                            Chapters 40A and 41, also see Town of
                                           Freetown Protective Bylaws, Rules and
                                           Regulations of the Planning Board
                                           Governing the Subdivision of Land in the
                                           Town     of  Freetown,     Rules    and
                                           Regulations of the Planning Board
                                           acting as Special Permit Granting
                                           Authority.




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Freetown Planning Board Fees:



               Dept Name   Fee Name                                              Fee Amt
               Planning
               Board       Form A - Planning Board per lot                        $ 100.00
               Planning
               Board       Form B - Planning Board                                 $ 50.00
                           Form C - Planning Board
                           Administrative Fee $ 200.00
                           Plus an additional $3.00 (3 dollars) per foot of
                           road to be constructed and five dollars ($5.00) for
                           every abutter submitted on the Form E Certified
                           List of Abutters. Additional costs incurred by the
                           Planning Board for advertising and sending notice
               Planning    to abutters by certified mail shall be borne by the
               Board       Applicant.                                             $ 100.00

               Planning
               Board       Special Permit                                         $ 100.00

               Planning
               Board       Site Plan Review                                       $ 100.00

               Planning
               Board       Non-conforming Sign Permit                             $ 270.00
                           Rules and Regulations of the Planning Board
               Planning    Governing the Subdivision of Land (available in
               Board       Town Clerk’s Office)                                    $ 20.00




TOWN OF FREETOWN                                                                     22
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                                                                       Town of Freetown
                                                                   Permitting Guidebook
Zoning Board of Appeals

The Zoning Board of Appeals issues special permits and variances. It also hears
petitions for administrative appeals from decisions made by the Building Inspector and
the Planning Board.

Staff Liaison:                                 Gary Guinen, Chair
                                               Laurie A. Carvalho, Planning/Land Use
                                               Administrator
                                               Phone: 508-644-2270 extension 1402
                                               Email: Planning@FreetownMA.gov

Board/Commission/Committee:                    Zoning Board of Appeals

Office Hours:                                  Mon-Wed: 9:00am - 2:00 pm
                                               (Upon Request)

Meeting Schedule:                              2nd Wednesday @ 6:30 PM

Members:                                       Gary Guinen, Chairman
                                               Daniel Loranger, Member
                                               Kim Pina, Member
                                               James Frates, Alternate Member
                                               Robert Jose, Alternate Member

Permits Issued:                                Special Permits
                                               Variances

Process for Obtaining Permits:                 Any appeal to a Board of Appeals
                                               from the order or decision of a zoning
                                               enforcement officer or building
                                               commissioner shall be taken within
                                               thirty days of the date of such order
                                               or decision or within thirty days from
                                               the date on which the appeal,
                                               application or petition in question
                                               shall have been deemed denied.
                                               Submit completed application, letter
                                               of      denial    from    the    Building
                                               Commissioner,         any     supporting
                                               documentation for consideration and
                                               filing fee to the Town Clerk.



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Time Frame for Public Hearing:            The Board of Appeals shall hold a
                                          hearing on any appeal, application
                                          or petition
                                          within sixty-five days from the receipt
                                          of notice by the board of such
                                          appeal, application or petition.

Time Frame for Decisions:                 The decision of the board shall be
                                          made within one hundred days after
                                          the date of filing of an appeal,
                                          application or petition, except in
                                          regard to special permits, as provided
                                          for in M.G.L. Chapter 40A section
                                          nine.

Appeal Process:                           Any person aggrieved by a decision
                                          of the board of appeals or any
                                          special permit granting authority or
                                          by the failure of the board of appeals
                                          to take final action concerning any
                                          appeal, application or petition within
                                          the required time may bring an
                                          action within twenty days after the
                                          decision has been filed in the office
                                          of the city or town clerk as stipulated
                                          in M.G.L. Chapter 40A Section 17.

Fee Schedule:                             Filing fee of $270.00 plus the costs of
                                          postage and advertising.

Applicable Local, State and Federal Statutes: M.G.L. Chapter 40A




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                          FREETOWN BOARD OF APPEALS
                           FREETOWN, MASSACHUSETTS
                               INFORMATIONAL FACT SHEET


REQUIREMENTS: Petitioner must bring the following to the hearing:

       1.      Letter of intent
       2.      Plot plan to include: main dwelling, septic placement, and any accessory buildings
       3.      Copy of the deed

Variances from the Zoning By-Law can only be granted by the Board of Appeals in compliance
with Section 10 of Chapter 40A Massachusetts General Laws, the text of which is, in part, as
follows:

       The permit granting authority shall have the power after public hearing notice has been
       given by publication and posting as provided in Section 11 and by mailing to all parties in
       interest to grant upon appeal or upon petition with respect to particular land or structures a
       variance from the terms of the applicable zoning ordinance or by-law where such permit
       granting authority specifically finds that owing the circumstances relating to the soil
       conditions, shape, or topography of such land or structures but not affecting generally the
       zoning district in which it is located, a literal enforcement of the provisions of the
       ordinance or by-law would involve substantial hardship, financial or otherwise, to the
       petitioner or appellant and that desirable relief may be granted without substantial
       detriment to the public good and without nullifying or substantially derogating from the
       intent or purpose of such ordinance or by-law.

If you have any questions, please feel free to contact any member of the Freetown Zoning Board
of Appeals.

It is up to the petitioner to convince to the Board that this variance should be granted.

YOU HAVE TO PROVE ALL FOUR THINGS TO THE BOARD:

       1.      That there is something unique about the shape, soil conditions or topography of
               the land, or that there is something unique about the shape of the structure.

       2.      That there is a hardship to the land.

       3.      That there will be no derogation from the intent of the by-law.

       4.      That there will be no harm to the public good.




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                                                               FREETOWN BOARD OF APPEALS
                                                               INFORMATIONAL FACT SHEET
                                                               PAGE 2 OF 4




EXAMPLES OF CONDITIONS WHICH MAY EFFECT A PARTICULAR LOT AND
NOT THE ZONING DISTRICT IN GENERAL

Example of SHAPE OF LOT

A family has a lot that is situated at the outside of a sharp bend in the road. The lot was laid out
long years ago. It has only thirty feet of frontage on the road, but it gets wider as it goes back. It
is a good size lot with more that the required area, but the lack of frontage prevents them from
getting a building permit. This is an unavoidable burden on the lot so the Board of Appeals can
consider this in its decision to allow a variance from the frontage requirement.

Example of SOIL CONDITION

A family has bought a lot which meets the frontage and area requirements of the by-law. They
want to build a house on it.

When they start to dig the basement hole they find sub-surface peat in sufficient amount to
prevent them from being able to place the house in conformity with the setback requirements of
the by-law. This would probably meet the test of a condition affecting this particular lot and the
Board of Appeals can consider it in allowing a variance from the setback requirements.

Example of TOPOGRAPHY

A couple have a lot which meets the frontage and area requirements of the by-law. They want to
build a house on it. There is a small steep hillock to one side which adds charm to the lot but
prevents them from being able to meet the side setback requirements on the opposite side from the
hill. The Board of Appeals finds that this is a rather unusual hill and that it is impractical to cut
into it and build a retaining wall. The Board can consider this in the decision as to whether or not
to allow a variance from the setback requirements.

Example of SHAPE OF STRUCTURE

A man has inherited a well-made building which many years ago was an automobile agency. It is
located in a developed residential district. While it is possible to make this into a house to live in,
the Board of Appeals finds that the result would probably be a monstrosity.

The owner is a printer and he wants to conduct his business in the building. The Board of
Appeals could consider the shape of this building, which makes it highly unsuitable for a
residence, in allowing a variance from the uses permitted in that district. They more than likely
would attach conditions and safeguards to the decision to protect the neighborhood.



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                                                             FREETOWN BOARD OF APPEALS
                                                             INFORMATIONAL FACT SHEET
                                                             PAGE 3 OF 4




Section 10.    Variances

The permit granting authority shall have the power after public hearing notice has been given by
publication and posting as provided in Section eleven and by mailing to all parties in interest to
grant upon appeal or upon petition with respect to particular land or structures a variance from the
terms of the applicable zoning ordinance or by-law where such permit granting authority
specifically finds that owing to circumstances relating to the soil conditions, shape or topography
of such land or structures and especially affecting such land or structures but not affecting
generally the zoning district in which it is located, a literal enforcement of the provisions of the
ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or
appellant, and that desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of such ordinance or
by-law. Except where local ordinances or by-laws shall expressly permit variances for use, no
variance may authorize a use or activity not otherwise permitted in the district in which the land
or structure is located; provided however, that such variances properly granted prior to January
first, nineteen hundred and seventy-six but limited in time, may be extended on the same terms
and conditions that were in effect for such variance upon said effective date.

The permit granting authority may impose conditions, safeguards and limitations both of time and
of use, including the continued existence of any particular structures but excluding any condition ,
safeguards or limitation based upon the continued ownership of the land or structures to which the
variance pertains by the applicant, petitioner or any owner.

If the rights authorized by a variance are not exercised within one year of the date of grant of such
variance they shall lapse, and may be reestablished only after notice and a new hearing pursuant
to this section.

Added by St. 1975, c.808, s. 3; Amended by St. 1977, c. 829, s. 4b




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43D Permitting Guidebook
                                                             FREETOWN BOARD OF APPEALS
                                                             INFORMATIONAL FACT SHEET
                                                             PAGE 4 OF 4




                   FREETOWN ZONING BOARD OF APPEALS
                                FREETOWN, MASSACHUSETTS

           INFORMAL GUIDELINE TO CONDUCTING PUBLIC HEARINGS



1.     Open the hearing

2.     Letter of intent to be read by the petitioner

3.     Description of proposed project

4.     Abutters speak - pro and con

5.     Rebuttal by petitioner

6.     Further discussion as permitted by the Board

7.     Close the hearing

8.     Board discussion only

9.     Board decision (table, continue, grant, deny, etc.)


The Board reserves the right to deviate slightly from this informal format.




TOWN OF FREETOWN                                                                         28
43D Permitting Guidebook
                                                                    Town of Freetown
                                                                Permitting Guidebook
Meetings Calendar

This calendar shows when several municipal boards and commissions meet during the
four weeks of any given month.


           Monday          Tuesday        Wednesday       Thursday       Friday
        Conservation    Planning
        Commission      Board
 Week
        7:00 PM         7:00 PM
  1
        Freetown        Freetown
        Town Hall       Town Hall
        Board of                        Zoning Board
        Health                          of Appeals
        6:00 PM                         6:30 PM
 Week   Board of                        Freetown Town
  2     Selectmen                       Hall
        Freetown
        Elementary
        School
        Conservation    Planning
        Commission      Board
 Week
        7:00 PM         7:00 PM
  3
        Freetown        Freetown
        Town Hall       Town Hall
        Board of
        Health
        6:00 PM
 Week   Board of
  4     Selectmen
        Freetown
        Elementary
        School


Conservation Commission: 1st and 3rd Mondays at 7:00 PM

Board of Health: Every other Monday at 6:00 PM

Board of Selectmen: 2nd and 4th Monday

Planning Board: 1st and 3rd Tuesday at 7:00 PM

Zoning Board of Appeals: 2nd Wednesday @ 6:30 PM



TOWN OF FREETOWN                                                          29
43D Permitting Guidebook
                           PROCEDURES




TOWN OF FREETOWN                30
43D Permitting Guidebook
                   PERMITTING PROCEDURES FOR CHAPTER 43D
                         PRIORITY DEVELOPMENT SITES


I. Program Establishment

Purpose.
These rules and regulations outline the standards and procedures for the projects to be
located within the Priority Development Site(s) as designated by the Town of Freetown
Town Meeting and the State of Massachusetts Interagency Permitting Board under the
M.G.L. Chapter 43D Expedited Permitting program. The Board of Selectmen as the
governing board of the Town of Freetown is charged with establishing procedures to
determine all the permits, reviews and predevelopment reviews required for a project;
establishing a procedure for determining if all the materials required for the review of the
project have been completed and establishing a procedure to allow for all local permitting
decisions for PDS projects to be issued within 180-calendar-days of submission of a
completed application per 400 CMR 2.00 Expedited Permitting; establishing, as needed,
a Priority Development Committee and a point of contact to act as a liaison in the review
and permitting process.

II. Definitions
DALA
The Division of Administrative Law Appeals (DALA)

Interagency Permitting Board
The Interagency Permitting Board was created by M.G.L. Ch. 43D to oversee the
implementation of the Expedited Permitting program. The Board reviews and approves
or denies municipal Priority Development Site (PDS) proposals and administers the
Technical Assistance grants. The Board also monitors the development of Priority
Development Sites as provided for in Chapter 43D and investigates ways in which to
expedite priority development site projects. The members of the Board are comprised of
the State Permit Ombudsman, who serves as the chair, the Secretary of Economic
Development, the Secretary of Transportation, the Secretary of Environmental Affairs,
the Secretary of Public Safety, the Director of the Department of Housing and
Community Development, the Director of the Department of Business and Technology,
the Director of the Department Workforce Development, the Director of the Department
of Consumer Affairs and Business Regulation, the Chair of the Commonwealth
Development Coordinating Council, and the Executive Director of the Massachusetts
Development Finance Agency, or their designees.

Parties to the Proceedings
Parties to the proceedings are any person or persons who provided testimony or
submitted written comments on record during a Public Hearing held by the individual
Issuing Authorities for the project.



TOWN OF FREETOWN                                                                 31
43D Permitting Guidebook
Permits Coordinator
The Permits Coordinator for the Town of Freetown Priority Development Sites is the
Planning and Land Use Administrator. The Permits Coordinator serves as:

      Liaison between municipal staff, local board members, and the general public
      “One stop shop” for all permits information and applications and makes available
       the requirements for each permit.
      The coordinator of joint scoping sessions, consolidated hearings, and/or Priority
       Development Committee meetings
      To continue to review processes, identify methods to further streamline the
       permitting process, perhaps including a computerized permit tracking

Priority Development Committee (PDC)
The Priority Development Committee increases the communication and cooperation
between departments and boards with permit granting and approval responsibilities.
Members shall include, but may not be limited to, the Board of Selectmen representative,
Director of Planning and Community Development, Health Agent, Conservation Agent,
Building Commissioner, Fire Department representative, and any Town consultant. This
committee shall not include a member of the Zoning Board of Appeals.

A developer meets with the Priority Development Committee prior to the submittal of
permit applications in order to:
   - Identify necessary permits for a project
   - Identify critical issues and/or problems

Issuing Authority
The Issuing Authority is the local board, commission, department or other municipal
entity that is responsible for issuing permits, granting approvals or otherwise involved in
land use development including redevelopment of existing buildings and structures.

Permit
A permit is a formal determination, order of conditions, license, certificate, authorization,
registration, plan approval, zoning relief or other approval or determination with respect
to the use, development or redevelopment of land, buildings, or structures required by
any Issuing Authority including but not limited to those under statutory authorities
contained in Sections 81A to 81J, inclusive, of Chapter 40A, and Sections 81X to 81GG,
inclusive, of Chapter 41, Sections 40 and 40A of Chapter 131, Sections 26 to 32,
inclusive

III. Applications and Completeness Review

Fees:
A non-refundable application fee of $400.00 shall accompany an application package
submitted to the Permits Coordinator to defray the costs of processing the applications
and carrying out the duties as required by the Expedited Permitting Law, M.G.L. Ch.
43D.


TOWN OF FREETOWN                                                                   32
43D Permitting Guidebook
Prior to Application Submittal:
    A. A developer shall contact the Permits Coordinator for preliminary information on
        the permitting process for projects to be located within a Priority Development Site
        and to receive the Permitting Guide that includes a comprehensive packet of
        permit applications. The Permits Coordinator shall also coordinate a pre-
        application meeting between the developer and the Priority Development
        Committee.
    B. A developer shall meet with the PDC for a preliminary discussion to identify
        applicable permits for a project, as well as relevant Town bylaws, zoning bylaws,
        rules and regulations or specific permit requirements that may apply to the
        proposed project and may be relevant to application preparation.
    C. An applicant shall not submit a final application package to the Town for thirty
        days. During this time a follow-up meeting with the PDC may be requested by the
        developer prior to submitting an application to review a preliminary application
        package for any additional items that may be needed by Issuing Authorities for
        their project review and decision.

Upon Application Submittal:

Determine completeness of the application(s)

   A. The application package shall be submitted to the Permits Coordinator, who shall
      send notice to the Board of Selectmen that an application package has been
      submitted.
   B. The submittal of an application packet begins a twenty (20) business day period to
      determine the completeness of the applications, which shall be done in the
      following manner:

          1. Upon submittal, the Permits Coordinator shall coordinate a meeting of the
             Priority Development Committee.
          2. The members of the PDC, as representatives of the pertinent Issuing
             Authorities, shall review the application and forward to the Permits
             Coordinator a notice of completeness within fifteen (15) business days.
          3. If the application is deemed incomplete, a detailed listing of items
             necessary to complete the application shall be forwarded to the Permits
             Coordinator.
          4. The Permits Coordinator shall send notice to the Board of Selectmen as to
             the completeness of an application package.

   C. The Permits Coordinator, acting for the Board of Selectmen, shall notify the
      applicant and the Interagency Permitting Board by certified mail of completeness.
      If the applicant is not notified by certified mail as to the completeness of the
      applications within twenty (20) business days, then the application is deemed to
      be complete.




TOWN OF FREETOWN                                                                 33
43D Permitting Guidebook
         1. If complete, the 180-calendar-day review period commences the day after
            notice is mailed or, if the applicant is not notified, then the day after the
            twentieth (20th) business day.
         2. If deemed incomplete, the Permit Coordinator shall notify the applicant in
            writing by certified mail and shall:
                  i. Include an explanation as to why the application is incomplete, and
                     request information necessary to complete the application
                 ii. Notify the applicant that a resubmission of an application package
                     begins a new 20-business-day completeness review period.
                iii. Send notice by certified mail to the Interagency Permitting Board.

Application Review

   A. Once deemed complete, the Issuing Authorities must complete the local
      permitting process within 180-calendar-days after the certified notice of
      completeness is sent.

   B. The 180-calendar-day review period may be extended, if a previously unidentified
      permit or review has been determined necessary within the first 150-calendar-
      days.

      1. Send immediate notice to the applicant by certified mail;
      2. Extension for maximum of 30-calendar-days;
      3. If a public hearing is required, then required action date shall be not later than
         thirty (30) days from the later of the close of the hearing or comment period
         which shall be scheduled to commence as quickly as publication allows.

   C. The 180-calendar-day review may be suspended when an Issuing Authority
   determines:

      1. Pending judicial proceedings affect the ability of the Issuing Authority or
         applicant to proceed with the application.
      2. Enforcement proceedings that could result in revocation of an existing permit
         for that facility or activity or denial of the application have been commenced.
      3. When reason for extension is no longer applicable, notify the applicant, by
         certified mail & complete decision within the time period specified, beginning
         the day after the notice to resume is issued by the Priority Development
         Committee.

   D. Automatic grant of approval:

      1. An application shall receive an automatic grant of approval when an Issuing
         Authority fails to take final action within the 180-calendar days.
      2. An automatic grant of approval shall be only for the permit before the Issuing
         Authority that failed to make a decision within the required timeframe, not a
         blanket approval for the entire application.
      3. An automatic grant of approval shall not occur:

TOWN OF FREETOWN                                                                  34
43D Permitting Guidebook
          -   Where there has been a timely determination that the application is
              incomplete,
          -   If the Issuing Authority determines that the application has been so
              modified that it cannot make a decision, or
          -   If the Issuing Authority determines that the application contains false or
              misleading information.

              i)     The IPB and the applicant shall be notified by certified mail.
              ii)    Notice shall be forwarded to the Permits Coordinator who shall then
                     forward notice to the Board of Selectmen
              iii)   The applicant may appeal this determination to the Land Court.
              iv)    Pending the court ruling, the 180-calendar-day review period shall
                     be suspended.
              v)     If the appeal is decided in favor of applicant, the 180-calendar-day
                     review shall resume
              vi)    If the appeal is decided in favor of the Town of Freetown, the 180-
                     calendar-day review process is waived.

IV. Project Review and Decision

The local permitting process must be completed within 180-calendar-days after the
certified notice of completeness is sent, or the 20-day-completeness review period has
expired and the applications are deemed to be complete. This period may be waived or
extended for good cause upon written request of the applicant with the consent of the
Board of Selectmen and the Issuing Authority, or upon written request of an Issuing
Authority with the consent of the applicant.

The 180-calendar-day review period may be extended by the Board of Selectmen and an
Issuing Authority, if a previously unidentified permit or review or information has been
determined necessary within the first 150-calendar-days of the process. When a Board
of Selectmen determines that a previously unidentified permit is necessary, the Board of
Selectmen must send immediate notice of such additional requirements to the applicant
by certified mail and copy the Interagency Permitting Board. The Board of Selectmen
may exercise the extension for a maximum of 30-calendar-days. Where public notice
and comment or hearing are required for the previously unidentified permit, the required
action date shall be not later than thirty (30) days from the later of the close of the
hearing or comment period, which shall be scheduled to commence as quickly as
publication allows.

The 180-calendar-day review period may be extended when an Issuing Authority
determines that:

     1) action by another federal, state or municipal government agency not subject to
        this act is required before the Issuing Authority may act;
     2) pending judicial proceedings affect the ability of the Issuing Authority or
        applicant to proceed with the application; or

TOWN OF FREETOWN                                                                  35
43D Permitting Guidebook
     3) enforcement proceedings that could result in revocation of an existing permit for
        that facility or activity or denial of the application have been commenced. In
        those circumstances, the Issuing Authority shall provide written notification to the
        Secretary and the Interagency Permitting Board by certified mail.

When the reason for the extension is no longer applicable, the Issuing Authority shall
immediately notify the applicant, the Secretary of the Executive Office of Economic
Development, and the IPB by certified mail, as well as the Board of Selectmen and shall
complete its decision within the time period specified in this section, beginning the day
after the notice to resume is issued by the Board of Selectmen.

If the Board of Selectmen, in consultation with the Issuing Authority, has determined that
substantial modifications to the project since the application render the Issuing Authority
incapable of making a decision on an application, an extension of the 180-calendar-day
review period may be granted by the IPB for demonstrated good cause at the written
request of the Issuing Authority. The Issuing Authority shall provide terms for the
extension including the number of additional days requested. Within ten business days of
receipt of the request, the IPB, or permitting ombudsman if designated by the board,
shall respond to the Issuing Authority with an extension determination.

If the applicant makes a substantial modification to a project for the purpose of public
benefit, the Issuing Authority may request an extension from the IPB, and if granted,
shall make every reasonable effort to expedite the processing of that permit application.

 V. Permit Modifications
Issuing authorities shall make every reasonable effort to review permit modification
requests within as short a period as is feasible to maintain the integrity of the expedited
permitting process. An Issuing Authority shall inform an applicant within 20-business-
days of receipt of a request whether the modification is approved, denied, determined to
be substantial or requires additional information for the Issuing Authority to issue a
decision. If additional information is required, the Issuing Authority shall inform an
applicant by certified mail within 20-business-days after receipt of the required additional
information whether the modification is approved or denied or that further additional
information is required by the Issuing Authority in order to render a decision.

VI. Automatic Grant of Approval
Failure by any Issuing Authority to take final action on a permit within the 180-calendar-
day review period, or properly extended review period, shall be considered a grant of the
relief requested of that authority.

   A. Within fourteen (14) days after the date of expiration of the time period, the
      applicant shall file an affidavit with the town clerk.
   B. The affidavit shall include:

       1.   the application,
       2.   the facts giving rise to the grant, and



TOWN OF FREETOWN                                                                  36
43D Permitting Guidebook
      3.    state that notice of the grant has been mailed, by certified mail, to all parties
            to the proceedings as defined in Section II and all persons entitled to notice
            of hearing in connection with the application as defined in Section II and to
            the Board of Selectmen.

An Issuing Authority may not use lack of time for review as a basis for denial of a permit
if the applicant has provided a complete application and met all other obligations in
accordance with this chapter.

The automatic grant of approval shall not occur when it is determined that:

   A. The application packet is not complete and the applicant does not provide the
      requested information within 90 calendar days.

        1. The Permits Coordinator shall forward notice to the Board of Selectmen
        2. The Permits Coordinator shall notify the IPB and the Applicant by certified
           mail of the discontinuance of the permit process;

   B. The Permits Coordinator, in consultation with the Issuing Authority, has
      determined that substantial modifications to the project since the application
      render the Issuing Authority incapable of making a decision on an application;

        1. Notice shall be forwarded to the Board of Selectmen

   C. The Permits Coordinator has determined that a final application contains false or
      misleading information.

        1. The Permits Coordinator shall forward notice to the Board of Selectmen
        2. The Permits Coordinator must submit a statement of findings to the IPB by
           certified mail and copy the applicant by certified mail.
        3. Such a finding may be appealed in Land Court on a motion of the applicant.
           Pending a court’s ruling, the 180-calendar-day review period shall be
           suspended.
        4. If a court rules in favor of the appellant, the 180-calendar-day review period
           shall resume. If the court rules in favor of the Board of Selectmen, the 180-
           day review process shall be waived.

VI. Appeals

Appeals of an Issuing Authority decision or from an automatic grant of approval shall be
filed within 20-calendar-days after the last individual permitting decision has been
rendered or within 20-calendar-days after the conclusion of the 180-day period,
whichever is later. The 180-day period shall be increased by the number of days in any
extension granted under this chapter.

TOWN OF FREETOWN                                                                    37
43D Permitting Guidebook
The applicant or any person aggrieved by a final decision of any Issuing Authority, or by
the failure of that authority to take final action concerning the application within the time
specified, whether or not previously a party to the proceeding, or any governmental
officer, board, or agency, may appeal to the Division of Administrative Law Appeal,
(DALA) by bringing an action within 20-calendar-days after a written decision was or
should have been rendered. Appeals from decisions of multiple permitting authorities
shall be filed simultaneously and shall be consolidated for purposes of hearing and
decision. This section shall not apply to appeals pursuant to Chapter 131, Sections 40
and 40A which shall continue to be appealed in accordance with said Chapter 131,
Chapter 30A and applicable regulations.

The DALA shall render a final written decision within 90 days of the receipt of the appeal.
Thereafter, an aggrieved party may appeal to the Superior Court or to the Land Court in
accordance with Chapter 185, Section 3A, by bringing action within twenty (20) days
after a written decision was or should have been rendered.

VII. Permit Transfers and Renewals

Permits shall not transfer automatically to successors in title, unless the permit
expressly allows the transfer without the approval of the Issuing Authority.

Issuing authorities may develop procedures for simplified permit renewals and
annual reporting requirements. If the procedures are not developed, renewals of
permits shall be governed by the procedures and timelines specified in this chapter.

Permits issued pursuant to Chapter 43D shall expire 5 years from the date of the
expiration of the applicable appeal period unless exercised sooner. Where permits cover
multiple buildings, commencement and continuation of construction of one building shall
prevent expiration of all permits on that site. No permit issued under this chapter shall be
affected by changes in the law subsequent to the issuance of such permits. Nothing in
this section shall limit the effectiveness of legal, non-conforming uses and vested rights
per G.L. Ch. 40A, s. 6.

VIII. Building Permit
Any application for a building permit to construct, alter or expand an industrial,
commercial, or mixed-used structure to be located on a 43D Priority Development Site
shall be accompanied by a completed Town of Freetown Sign-Off Sheet. This shall
serve as a record of compliance of plans and specifications with permit approvals
received by the respective Issuing Authorities. The Building Inspector shall inspect and
enforce any and all stipulations and/or conditions placed upon the approval of any Site
Plan Approval or Special Permit.




TOWN OF FREETOWN                                                                    38
43D Permitting Guidebook
TOWN OF FREETOWN           39
43D Permitting Guidebook
        Town of Freetown PDS Project Review and Decision
                           Process
                      Applicant meets with Permits Coordinator to obtain Permit
                                Guidebook and Application Package.


                                         Permits Coordinator
                                      coordinates Pre-Application
                                          meeting with PDC

                      Applicant meets with Priority Development Committee in a
                          Pre-Application Meeting to determine permits and
                       information necessary for proposed project. Application
                              may not be submitted for at least 30 days.

                                                                       The Permit Coordinator notifies the
    Applicant submits Application                                      Applicant and IPB by certified mail
    Package to Permits Coordinator            Not complete               requesting missing information


   PDC has 20 days to determine                                     Applicant resubmits application
    Application completeness                                        package to Permits Coordinator
                                                                       within 90 calendar days
    Complete – start 180 day review and decision timeframe

      Permit Applications are forwarded to                If Applicant fails to resubmit within 90 calendar
   appropriate Issuing Authority for review and         days, the BOS notifies IPB & Applicant by certified
   decision per their respective review criteria.             mail of discontinuance of permit process



                                                      Automatic Grant of
    Permit(s)               Permit(s)
                                                     Approval – final action
    Approved               Disapproved
                                                       not taken within
                                                      180-calendar-days


                Parties of Interest may appeal decision to                             Action by Others
                Division of Administrative Law Appeal

                                                                                       Action by Applicant
                Appeals to DALA decision may be filed
                           with Land Court                                                 Attention




TOWN OF FREETOWN                                                                          40
43D Permitting Guidebook
Special Permits

Purpose: The purpose of Special Permits is to ensure that the proposed use or structure
will not adversely impact adjacent properties, the environment, the aesthetic quality of
the area, the neighborhood in which it is located, or the Town at large. Special Permits
ensure that the projects meet the requirements set forth in Freetown’s Zoning Bylaws.

      Article 11.18 (G) lists the various Use-Groups subject to Special
       Permit review.
      Article 11.21 explain the special permit requirements and procedures for projects
       that include a drive-through.

Review: A Special Permit application for projects to be located on a 43D Priority
Development Site shall be determined complete by the Priority Development Committee
member(s) who represent the respective Issuing Authority. Once deemed complete the
application shall be submitted to the Special Permit Granting Authority for action.
Special permit applications for all other projects shall be submitted to the Town Clerk and
the SPGA. Once an application has been submitted to the SPGA, copies shall be
forward to various Town Boards in interest for a 35-day interdepartmental review period.
The application will appear at a public hearing within 65-days. Upon action by the SPGA,
a Special Permit decision will be issued within 90-days.




TOWN OF FREETOWN                                                                41
43D Permitting Guidebook
                      Town of Freetown Special Permit Process
                        (Consult M.G.L. Chapter 40A for complete and binding text.)

                                                                                      The Planning Board
      Submission                                                                      as SPGA may hold
     requirements              Application is filed with the Special Permit             pre-application
       described               Granting Authority (SPGA). A copy of                      conferences
     on application            application must be given to the Town Clerk
         form.



     PB to determine completeness                Application forwarded by PB within
      of application prior to close              14 days to various boards for
            of next meeting                      review. Comments back to PB
                                                 within 35 days.

       A determination of a proper                                                         After there is a
     submittal will be filed with Town                  Public Hearing held                  substantial
        Clerk within 7 days of PB                        within 65 days of                 change in the
                 decision.                                   submittal.                    application, or
          failure to complete or                                                            a period of 2
      withdraw application results in                                                        years has
            automatic denial.                         SPGA issues decision                  elapsed, the
                                                      within 90 days of the close          applicant can
                                                      of the public hearing.                  reapply.

    If the SPGA fails to act within 90
         days, the applicant shall,           Special Permit              Special Permit
       within 14 days of the 90 day             Approved                     Denied
    expiration, notify the Town Clerk
     of approval due to failure to act
         and that notice of this and       Decision must be filed with Town Clerk, mailed to applicant,
     ability to appeal has been sent              abutters, & parties in interest within 14 days.
            to parties in interest
                                          A 20 day appeal period begins during which an
                                          appeal can be taken to Division of Administrative
                                          Law Appeals (DALA)* or Superior Court.

           If there is no appeal
           within 20 days or an                     Applicant must file a certified
                                                    copy of the decision with the            Permit expires
              appeal has been
                                                    Registry of Deeds before the             if not used
           settled, Town Clerk
                                                      Special Permit becomes                 within 2 years.
          shall issue a certificate
                to applicant.                                 effective.



          * For projects located within a 43D Priority Development Site



TOWN OF FREETOWN                                                                             42
43D Permitting Guidebook
                                   Site Plan Review

Purpose: The purpose of Site Plan Review is to ensure that new development meets the
requirements of Freetown’s Zoning Bylaws and is designed in a way that reasonably
protects the visual, environmental, and aesthetic qualities of the neighborhood and the
Town. It is also an important way to ensure the safety and health of the development.

What Projects Require Site Plans: Projects that include buildings exceeding a
combined gross area of 10,000 square feet of floor area to be used for business and
professional offices, commercial establishments, hotels, motels, industrial facilities,
manufacturing facilities, medical-service facilities, public recreational facilities,
warehouse facilities, and multiple family dwellings, together with their associated outdoor
areas for vehicle movement and parking require site plan review.

Reviewing Authorities: The Site Plan Review Authority (SPRA) is the Planning Board.

Review Process: Until such time that the Planning Board adopts Rules and Regulations
governing Site Plan Review, the Board shall utilize its Rules and Regulations of the
Planning Board as Special Permits Granting Authority as the guide for the site plan
review process.
When received, site plan applications are reviewed for completeness and within 14 days
of a determination of completeness plans are transmitted to various departments and
Boards for an inter-departmental review and comment period of 35 days. A public
hearing will be held within 65 days and a decision must be made within 90 days of the
close of the public hearing.

      See the Town of Freetown Special Permit Process Flow Chart for reference.




TOWN OF FREETOWN                                                                 43
43D Permitting Guidebook
                                       Variances
Purpose
The Zoning Board of Appeals (ZBA) hears and acts upon petitions for variances under
the Zoning Ordinance for land or structures that do not meet the requirements of
Freetown’s Zoning Bylaws. A dimensional variance applies to zoning requirements such
as lot area, lot frontage, open space, building height and property line setbacks. A use
variance applies to a land use that is not allowed in a particular zoning district under the
Zoning Bylaws.

Grounds for Approval
In order to grant a variance, the Zoning Board of Appeals must make all three of the
following findings:

   •   A literal enforcement of the Zoning Bylaws would involve a substantial hardship,
       financial or otherwise, to the petitioner or appellant;
   •   The hardship is owing to circumstances relating to the soil conditions, shape or
       topography or such land or structures but not affecting generally the zoning district
       in which it is located;
   •   Desirable relief may be granted without substantial detriment to the public good
       and without nullifying or substantially derogating from the intent or purpose of
       Freetown’s Zoning Bylaws.

Review Process
Variance applications are transmitted for a 35 day interdepartmental review and
comment period. Variances require a public hearing within 65 days of receipt. A decision
must be made within 100 days of the close of the public hearing. The ZBA may impose
conditions, safeguards and limitations of time and use, if it decides to grant the variance.
The ZBA is under no legal obligation to grant the variance, and in absolutely no
circumstances can a variance be granted in any residential district of the Town.




TOWN OF FREETOWN                                                                  44
43D Permitting Guidebook
                                      Town of Freetown
                               Zoning By-Law Variance Process
                           (Consult M.G.L. Chapter 40A for complete and binding text.)


                                     An application for a variance is filed with the
                                    Town Clerk, and a certified copy filed with the
                                          Zoning Board of Appeals (ZBA).



                                                Public Hearing held
                                                 within 65 days of
                                                       filing.
     The hearing is advertised
     in the newspaper, posted
     at Town Hall, and abutters                                                                 If an
       are notified at least 14             ZBA issues decision within                      application
      days before the hearing.              100 days of the close of the                   results in an
                                                  public hearing.                          unfavorable
                                                                                            decision, a
                                                                                             favorable
                                                                                         decision on the
                                            Variance                                           same
                                                              Variance Denied               application
                                            Approved
     If ZBA fails to act within 100                                                         cannot be
   days, applicant shall, within 14                                                       reached for 2
   days of the 100 day expiration,                                                             years
    notify Town Clerk of approval
     due to failure to act and that
       notice of this and ability to
   appeal has been sent to parties
               of interest.                 Decision must be filed with Town Clerk, mailed to applicant,
                                                   abutters, & parties in interest within 14 days.



                                                         A 20 day appeal period begins.


         If there is no appeal
         within 20 days or an                                                                  Rights
           appeal has been                         Applicant must file a certified
                                                                                             granted by
         settled, Town Clerk                       copy of the decision with the
                                                                                            the variance
        shall issue a certificate                  Registry of Deeds before the
                                                                                             expire in 1
              to applicant.                        Variance becomes effective.
                                                                                             year if not
                                                                                             exercised.




TOWN OF FREETOWN                                                                                   45
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                     Massachusetts Wetlands Protection Act



Reviewing Authority
The Freetown Conservation Commission is responsible for administering the
Massachusetts Wetlands Protection Act. The MWPA includes provision of the
Massachusetts Rivers Protection Act. Proposed projects are reviewed based
upon the proximity to a resource area and the ability to minimize potential
impacts.

Projects Requiring Approval
Any proposed activity or project, that will “remove, fill dredge, or alter” the
wetland resource area, the 200-foot riverfront protection area, or the 100-foot
buffer zone associated with a wetland resource area must obtain a permit from
the Conservation Commission. The term “alter” includes but is not limited to
any development, construction, destruction of vegetation, any change in
drainage characteristics or flow patterns, and any change in the groundwater. A
wetland resource area includes any stream, river, creek, pond, lake and the banks
associated with them; any meadows, marshes, swamps, bogs, any land under
water, land subject to flooding, and any riverfront area.

Applications and Permits

Abbreviated Notice of Resource Area Delineation
The ANRAD serves two purposes.
   1. Provides a procedure for an applicant to confirm the delineation of
      Bordering Vegetated Wetlands (BVW).
   2. It serves as the application for Simplified Review for project in the
      Buffer Zone.

Request for Determination of Applicability
This application requests the Commission to determine if the proposed work or property is subject
to the MWPA. For smaller projects, the Commission may also determine if the work can be done
in a manner that will not negatively impact the resource area. In response to an RDA, the
Commission may issue on of the following decisions:
     Positive Determination- this means the proposed work or property is
        subject to the MWPA and requires the filing of a Notice of Intent
        (explained below)
     Negative Determination – this means the proposed work is not subject
        to the MWPA.
     Negative Determination with Conditions- this means the proposed
        work is within the 100-foot buffer zone and will not adversely impact
        the resource area if simple precautions are taken




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Notice of Intent (NOI)
This application provides the Commission with a detailed description of the proposed work that is
located in a resource area, riverfront area or buffer zone that may impact a nearby wetland
resource area. In response to a NOI, the Commission may issue an Order of Conditions permitting
the proposed work with conditions consistent with the standards in the Wetlands Protection Act
Regulations, which prevent significant adverse impacts to a wetland resource area, or deny the
project because it cannot be performed in a manner that prevents negative impacts to a wetland
resource area.

Review Process

Request for Determination
Within 21 days of receipt, the Commission will conduct a site visit and make a decision at a
public meeting that has been advertise in the local newspaper.

Notice of Intent
Within 21 days of receipt, the Commission will conduct a site visit and hold a public hearing that
has been advertised in the local newspaper. Within 21 days of the public hearing, the Commission
will issue an Order of Conditions approving or denying the request.




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                           Town of Freetown
              Conservation Commission Order of Conditions
            (See 310 CMR 10.05 for complete and binding text.)
      A Notice of Intent is filed with the Conservation Commission and Mass DEP. Applicant also
    gives written notification by hand or certified mail, return receipt requested, to all abutters within
     100 feet of property lines. (Copies are also filed with MNHESP if work is located within a rare
                                       wetlands wildlife habitat area)


       Within 21 days                                                           Within 21 days of the
       of the NOI filing                                                       submittal of the missing
                                                                                    information


        If the NOI                The DEP issues A No                 Within 21 days the
       Submission is            File Notification Number             applicant must submit
        incomplete                        (NFN)                       missing information


      If the NOI               The DEP issues
      submission               A File Notification                     If a hearing is not
      is complete              Number (FNN)                           held within 21 days
                                                                       of the FNN issue

            Within 21 days the
         Conservation Commission
                                                                 Within 70 days, the applicant may file a
          holds a Public Hearing
                                                                   lack of action appeal and request a
                                                               Superseding Order of Conditions from DEP

          At least 5 days before the
          hearing, it is advertised in
                                                                If an Order of Conditions is not issued
          the newspaper and posted
                                                                   within 21 days of the close of the
              at town hall (at the
                                                                                hearing
           expense of the applicant)


        Within 21 days of the close of                   Appeals may be filed
         the hearing the Commission                      within 10 days of the                   See DEP
        issues an Order of Conditions                    issuance of the Order                   Appeals
                                                             of Conditions                      Flow Chart

         Orders must be filed with
         the Registry of Deeds
         before work commences                                                     Important
                                                     Process     Alternative                         Reference
TOWN OF FREETOWN                                                                           48
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                           PERMITS




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                                         Permit Matrix




                                                                                                                    Zoning Board
                                                                Conservation
                                                                Commission




                                                                                          Department


                                                                                                       Department


                                                                                                                    of Appeals
                                                    Selectmen
                                         Planning


                                                    Board of




                                                                               Board of


                                                                                          Building
                                                                               Health
                                         Board




                                                                                                       Fire
Adult Entertainment Special Permit                    x
Appeals                                                                                                                   x
Automatic Amusement Devices                           x
Body Art                                                                         x
Building Permit                                                                              x
Certificate of Compliance                                          x
Certificate of Occupancy                                                                     x
Commercial Garage                                     x
Common Victualer                                                                 x
Determination of Applicability                                     x
Electrical Permit/Inspection                                                                 x
Fire Detection and Suppression Systems                                                                    x
Fire Flow/Pump Test                                                                                       x
Flammable Materials                                   x
Food Establishment                                                               x
Form A – Approval Not Required             x
Form B - Preliminary Subdivision Plan      x
Form C – Definitive Subdivision            x
Form D – Designer’s Certificate            x
Form E – Certificate of Completion         x
Form F – Covenant                          x
Industrial Sewer Permit                               x
Junk Collector or Dealer                              x
Liquor Licenses                                       x
Motor Vehicle Licenses                                x
Moving Buildings in public way                        x
Natural/Propane Gas Permit                                                                   x
Order of Conditions                                                x
Plumbing Permits/Inspection                                                                  x
Septic System Installation                                                       x
Sign Permit                                x                                                 x
Site Plan Review                           x
Soil Removal Permit                                   x
Special Permit                             x          x
Trench Permit                                                                                x
Underground Storage Tank                              x                                                   x
Utility Pole Locations                                x
Variance                                                                                                                  x
Well                                                                             x



TOWN OF FREETOWN                                                                                                       51
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BOARD OF HEALTH




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BOARD OF SELECTMEN




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                          Town of Freetown, Massachusetts

                           Adult Entertainment Regulations


Sections:

1.1 General Provisions

2.1 Findings of Fact

3.1 Definitions

4.1 License Required

5.1 Application

6.1 Cabaret License Fees

7.1 Standards of conduct and operation – Adult cabarets

8.1 License term – Assignment – Renewals

9.1 License suspension or revocation – Hearing

10.1 Liquor regulations

11.1 Additional enforcement




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1.1 General Provisions

     1.1.1 Authority
     Under the authority vested in the Board of Selectmen of the Town of Freetown by:

        A) Massachusetts General Laws including but not limited to, Chapter 140, Section
        183A, Public Safety and Good Order,

     the Board of Selectmen adopts these "Adult Entertainment Regulations" to provide policies,
     standards, and procedures for Adult Entertainment in the Town of Freetown, Massachusetts.

     1.2.1 Purposes
     These "Adult Entertainment Regulations" compile in one document, for ease of
     administration
     by the Board and understanding by applicants, the various rules, regulations, procedures,
     and fees regarding adult entertainment.

     1.3.1 Objectives
     The License Authority’s objectives are that:
         A) All establishments within Freetown for which an Adult Entertainment License
         approval is sought under these Regulations shall be operated in a manner as to
         preserve and protect the public health, safety and order.

     1.4.1 Evaluation Criteria
     The following objectives and criteria shall be used in evaluating all license applications:
         A) Promote, preserve and protect the public health, safety and order.

     1.5.1 Administration, Interpretation, Enforcement
     Official Responsible
         A) The Board of Selectmen or its designee is authorized to be responsible for the
         interpretation, administration and enforcement of the Adult Entertainment.

     1.6.1 Relief from Personal Liability
     Insofar as the law allows, while acting for the Town of Freetown, any official designated
     under the provisions of paragraph 1.3.1 above, charged with the administration,
     interpretation
     or enforcement of the Adult Entertainment Regulations shall not be deemed to be personally
     liable in the discharge of his/her official duties.

     1.7.1 Administrative Procedures
     The Licensing Authority is authorized to formulate administrative procedures necessary to
     uniformly administer and enforce these Regulations.

     1.8.1 Review Actions and Licensing Authority Meetings

        A) Objectives:
           1) The Licensing Authority's objectives for the effective conduct of its public


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              meetings are to:
           2) provide an opportunity for Licensing Authority's members and staff to review
              items dealing with licenses in advance of meetings;
           3) assure applicants that items will be acted upon promptly once they are
              presented to the Licensing Authority's;
           4) maintain an orderly schedule for dealing with licenses in relation to the
              Licensing Authority's other responsibilities;
           5) provide opportunities and procedures for interested neighbors and Town
               departments, boards and committees to have an opportunity to review proposed
               licenses.

    1.9.1 All Actions at Public Meetings
    All reviews, decisions and other actions that the Licensing Authority makes in relation to
    application, as covered in these Adult Entertainment Regulations, hereinafter referred to as
    "license application", shall be made in a public meeting of the Licensing Authority for
    which
    public notice has been given under Chapter 39, §23, Massachusetts General Laws.

    1.10.1 Applications Submitted Through Licensing Authority
    Applications and all other requests for action on the license application shall be submitted
    first to the office of the Licensing Authority to be reviewed and scheduled for action at a
    Licensing Authority meeting. Such requests shall not be presented directly to the Licensing
    Authority at a meeting.

    1.11.1 Items Placed on Licensing Authority Agenda When Ready for Action
    Applications and all other requests for action on license applications shall not be placed on
    the agenda for a Licensing Authority meeting until they are ready for the Licensing
    Authority to take action. A request for action on a development activity is not considered
    ready for Licensing Authority action until it is complete, all necessary information has been
    supplied, and any form or document is ready for approval. Failure to supply all necessary
    information, in complete form, are grounds for the application to not be accepted for
    processing or for the Licensing Authority action to be delayed.

    1.12.1 Review Prior to Licensing Authority Meeting
    Prior to any action by the Licensing Authority, applications and all other requests for action
    on development activities shall be reviewed by the Licensing Authority staff, and, as
    applicable, other Town departments, boards and committees. The application and related
    documentation will be distributed to the Licensing Authority with the preliminary agenda so
    that the Licensing Authority members may review it prior to the meeting. The Licensing
    Authority generally will not take action on any application or other requests for action on
    license applications that:

        A) has not been filed with, and reviewed by, the Licensing Authority by the time the
           agenda is prepared, and

        B) distributed to members prior to the meeting,



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         C) or respond to plans or proposals presented to it for the first time at a meeting.

     1.13.1 Effective Date
     These Regulations shall be effective on August 7th, 2000.

     1.14.1 Repeal of Prior Regulations
     Non-applicable

     1.15.1 Amendment
     These Regulations may be amended from time to time by a vote of the Licensing Authority
     after a public hearing.

     1.16.1 Forms, Comments, Notes Charts Not Part of These Regulations

         A) Forms
         The Appendix contains sample forms for the administration of these Regulations. These
         forms are not part of the Regulations. Forms may be added or deleted and the content of
         the forms may be revised from time to time by administrative action of the Licensing
         Authority; such changes are not amendments to these Regulations and may be made
         without holding a public hearing.

         B) Comments, Notes, Charts
         These Regulations may contain comments, charts and other illustrations, which may be
         interspersed with the text of the regulations. They are intended to assist the applicant in
         understanding the Regulations and the Licensing Authority’s policies and procedures,
         but are not part of these Regulations. The notes are set off in a different typeface or in a
         box or are labeled to show their status as comments, charts and illustrations.

     1.17.1 SEPARABILITY
     The provisions of these Regulations are separable. If any provision of these Regulations, or
     in the administration thereof any decision or determination, is adjudged by a court of
     competent jurisdiction to be unconstitutional, invalid or void, the decision shall not affect
     any other provision of these Regulations or the administration thereof.

2.1 Findings of fact.
Based on public testimony and other evidence and information before it, the Freetown Licensing
Authority makes the following findings of fact:

     2.1.1 The regulations and standards of conduct in this regulation are consistent with
     standards and regulations approved by Massachusetts’s municipalities and are
     supported by the legislative record contained in those municipal files, the Town of
     Freetown records, and in the record of judicial review and affirmation of such
     regulations and standards.

     2.2.1 The license fees required herein are reasonable fees imposed as necessary regulatory
     measures designed to help defray the substantial expenses incurred by the town in
     regulating the adult entertainment industry.


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     2.3.1 Concern over sexually transmitted diseases is a legitimate health concern of the town
     which requires regulation of adult entertainment businesses in order to protect the
     health and well being of the public.

     2.4.1 Hidden ownership interests for the purposes of skimming profits and avoiding the
     payment of taxes have historically occurred in the adult entertainment industry in the
     absence of regulation. In order for the town of Freetown to effectively protect the
     public health, safety, morals, and general welfare of its citizenry it is important that
     the town be fully apprised of the actual ownership of adult entertainment
     establishments.

     2.5.1 Adult entertainment businesses continue to operate under similar regulations and
     standards as those set forth in this regulation, thereby demonstrating the economic
     viability of such operations under such regulations and standards.

     2.6.1 Courts have enforced more restrictive separation requirements than those contained in
     this regulation. Requiring a four-foot separation between adult entertainers and
     patrons is the minimum necessary to ensure the public’s health, safety, and general
     welfare.

3.1 Definitions.
For purposes of this regulation, certain terms and words are defined as follows:

     3.1.1 “Adult cabaret” means any commercial premises, including any cabaret premises, to
     which any member of the public is invited or admitted and where an entertainer
     provides live adult entertainment to any member of the public.

     3.2.1 “Adult entertainment” - refer to M.G.L c.272, §31 for definition.

     3.3.1 “Applicant” means the individual or entity seeking a cabaret license in the town of
     Freetown.

     3.4.1 “Applicant control persons” means all partners, corporate officers and directors and
     any other individuals in the applicant’s business organization who hold a significant
     interest in the adult cabaret business, based on responsibility for management of the
     adult cabaret business.

     3.5.1 “Cabaret” means any nightclub, bar, restaurant, tavern, saloon, room, place or space
     whatsoever in the town in which any music, singing, dancing, or other similar
     entertainment is permitted.

     3.6.1 “Licensing Authority” means the Board of Selectmen or such town employees or
     agents as the Board of Selectmen shall designate to administer this regulation, or any
     designee thereof.

     3.7.1 “Employee” means any and all persons, including managers, entertainers and


TOWN OF FREETOWN                                                                       59
43D Permitting Guidebook
    independent contractors who work in or at or render any services directly related to
    the operation of any cabaret.

    3.8.1 “Entertainer” means any person who provides adult entertainment within an adult
    cabaret as defined in this section, whether or not a fee is charged or accepted for
    entertainment.

    3.9.1 “Liquor” means all beverages defined in Chapter 138 of the Massachusetts General
    Law.

    3.10.1 “Manager” means any person who manages, directs, administers or is in charge of the
    affairs and/or conduct of any portion of any activity involving adult entertainment
    occurring at any adult cabaret, and includes assistant managers working with or under
    the direction of a manager to carry out such purposes.

    3.11.1 “Member of the public” means any customer, patron, club member, or person, other
    than an employee as defined in this section, who is invited or admitted to a cabaret.

    3.12.1 “Opaque” means not transparent, A dense material one cannot see through. Body
    paints, dyes, tattoos, dried or wet liquid latex, string, dental floss and similar
    substances do not constitute fully opaque coverings.

    3.13.1 “Operator” means any person operating, conducting or maintaining an adult cabaret.

    3.14.1 “Person” means any individual, partnership, corporation, trust, incorporated or
    unincorporated association, marital community, joint venture, government entity, or
    other entity or group of persons however organized.

    3.15.1 “Receptacle” means a container that is not a human body or any part of the human
    body or does not imitate the human body or any part of the human body in any way.

    3.16.1 “Sexual conduct” refer to M.G.L c.272, §31 for definition.

    3.17.1 “Significant interest” means any partnership interest, sole ownership, ownership of
    stock or other equity interest equal to 20 percent of the value of the corporation, or
    authority to formulate corporate policy or the supervision in a managerial capacity of
    a manager, assistant manager or employee.

    3.18.1 “Specific criminal offense” means an offense for prostitution or promotion of
    prostitution, sale or distribution or obscenity, sale or display of materials harmful to
    minors, public lewdness, indecent exposure, or transactions involving controlled
    substances (as that term is defined in Chapter 94C of the Massachusetts General
    Laws) for which:

        A) Less than two years have elapsed since the date of conviction or the date or release
        from confinement imposed for the conviction, whichever is later, if the conviction is
        of a misdemeanor offense; or


TOWN OF FREETOWN                                                                         60
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        B) Less than five years have elapsed since the date of conviction or the date of release
        from confinement imposed for the conviction, whichever is later, if the conviction is
        of a felony offense; or

        C) Less than five years have elapsed since the date of the last conviction or the date of
        release from confinement imposed for the last conviction, whichever is later, if the
        convictions are of two or more misdemeanor offenses occurring within a 24-month
        period.

4.1 License required.

     4.1.1 It is unlawful for any person to conduct, manage or operate an adult cabaret unless
     such person is the holder of a valid and subsisting license from the town to do so,
     obtained in the manner provided in this regulation.

     4.2.1 It is unlawful for any entertainer, employee or manager to knowingly work in or
     about, or to knowingly perform any service or entertainment directly related to the
     operation of an unlicensed adult cabaret.

     4.3.1 It is unlawful for any entertainer to perform in an adult cabaret unless such person is
     the holder of a valid and subsisting license from the town to do so.

     4.4.1 It is unlawful for any manager to work in an adult cabaret unless such person is the
     holder of a valid and subsisting license from the town to do so.

5.1 Application.

     5.1.1 Adult Cabaret License.

        A) All applications for an adult cabaret license shall be submitted to the Licensing
        Authority in the name of the person or entity proposing to conduct an adult cabaret
        on the business premises and shall be signed by such person and certified as true
        under penalty of perjury. All applications shall be submitted on a form supplied by
        the town, which shall require the following information:

              1) For the applicant and for each applicant control person, provide names, any
              aliases or previous names, driver’s license number, if any, federal and/or state
              tax identification number, and business, mailing, and residential address, and
              business telephone number.

              2) If a partnership, whether general or limited and if a corporation, date and place
              of incorporation, evidence that it is in good standing under the laws of
              Massachusetts, and name and address of any registered agent for service of
              process.

              3) Whether the applicant or any partner, corporate officer, or director of the


TOWN OF FREETOWN                                                                         61
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             applicant holds any other licenses under this regulation or any license for
             similar adult entertainment or business, including motion picture theaters and
             panoramas, from the town or another town, county or state, and if so, the
             names and addresses of each other licensed businesses.

             4) A summary of the business history of the applicant and applicant control
             persons in owning or operating the adult entertainment or other businesses,
             providing names, addresses and dates of operation for such businesses, and
             whether any business license or adult entertainment license has been revoked
             or suspended, and the reason therefor.

             5) For the applicant and all applicant control persons, a description of business,
             occupation or employment history for the three years immediately preceding
             the date of the application.

             6) Authorization for the town, its agents and employees to seek information to
             confirm any statements set forth in the application.

             7) The location and doing-business-as name of the proposed adult cabaret,
             including a legal description of the property, street address, and telephone
             number, together with the name and address of each owner and lessee of the
             property.

             8) Two two-inch by two-inch color photographs of the applicant and applicant
             control persons, taken within six months of the date of application showing
             only the full face.

             9) A scale drawing or diagram showing the configuration of the premises for the
             proposed adult cabaret, including a statement of the total floor space occupied
             by the business, and marked dimensions of the interior of the premises.
             Performance areas, seating areas, manager’s office and stations, restrooms and
             service areas shall be clearly marked on the drawing. An application for a
             license for an adult cabaret shall include building plans which demonstrate
             conformance state and town building codes.

        B) An application shall be deemed complete upon the applicant’s provision of all
        information requested above, including identification of “none” where that is the
        correct response, and the applicant’s verification that the application is complete.
        The Licensing Authority may request other information or clarification in addition
        to that provided in a complete application where necessary to determine compliance
        with this regulation.

        C) A nonrefundable application fee must be paid at the time of filing an application in
        order to defray the costs of processing the application.

        D) Each applicant shall verify, under penalty of perjury, that the information contained
        in the application is true.


TOWN OF FREETOWN                                                                        62
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        E) If any person or entity acquires, subsequent to the issuance of an adult cabaret
        license, a significant interest based on responsibility for management or operation of
        the licensed premises or the licensed business, notice of such acquisition shall be
        provided in writing to the town Licensing Authority, no later than 21 days following
        such acquisition. The notice required shall include the information required for the
        original adult cabaret license application.

        F) The adult cabaret license, if granted, shall state on its face the name of the person or
        persons to whom it is issued, the expiration date, the doing-business-as name and
        the address of the licensed adult cabaret. The permit shall be posted in a
        conspicuous place at or near the entrance to the adult cabaret so that it can be easily
        read at any time the business is open.

        G) No person granted an adult cabaret license pursuant to this regulation shall operate
        the adult cabaret business under a name not specified on the license, nor shall any
        person operate an adult cabaret under any designation or at any location not
        specified on the license.

        H) Upon receipt of the complete application and fee, the Licensing Authority shall
        provide copies to the police, planning department and building official for their
        investigation and review to determine compliance of the proposed adult cabaret with
        the laws and regulations which each department administers. Each department shall,
        within 21 days of the date of such application, inspect the application and premises
        and shall make a written report to the Licensing Authority whether such application
        and premises comply with the laws administered by each department. In the event
        the premises are not yet constructed, the departments shall base their
        recommendation as to premises compliance on their review of the drawings
        submitted in the application. An adult cabaret license approved prior to premises
        construction shall contain a condition that the premises may not open for business
        until the premises have been inspected and determined to be in substantial
        conformance with the drawings submitted with the application. A department shall
        recommend denial of a license under this subsection if it finds that the proposed
        adult cabaret is not in conformance with the requirement of this regulation or other
        law in effect in the town. A recommendation for denial shall cite the specific reason
        therefor, including applicable laws.

        I) Within forty–five days following receipt of an application for a license under this
        regulation, the licensing authorities may (a) grant a license or (b) shall provide the
        opportunity for a hearing on the application by written notice to the applicant given
        seven days prior to the hearing date.

        J) Within thirty days following the final date of such opportunity for a hearing the
        licensing authorities shall (a) grant the license or, (b) deliver to the applicant a
        written notice denying the license and stating in writing the reasons for such denial.
        No application having been denied as aforesaid and no similar application thereto
        may be filed within one year of said denial except in the discretion of the licensing


TOWN OF FREETOWN                                                                         63
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        authorities.

        K) Existing Adult Cabaret Establishments. Any adult cabaret establishment in existence
        prior to the date of the adoption of this regulation shall be deemed to be operating
        under a temporary license. Within 30 days of the adoption of this regulation, any
        existing adult cabaret establishment desiring to continue conducting business in
        Freetown must complete an application as set forth in this section and pay the
        license application fees set forth in this regulation. Upon receipt of the completed
        application and fee, the Licensing Authority shall issue a temporary cabaret license
        and process the application as set forth in this regulation. Said temporary license
        will automatically expire on the thirtieth day following the filing of the complete
        application and fee, unless the Licensing Authority has failed to approve or deny the
        license application in which case the temporary license shall be valid until the
        Licensing Authority approves or denies the application, or until the final
        determination of any appeal from a denial of the application. In no event may the
        Licensing Authority extend the application review time for more than an additional
        20 days.

    5.2.1 Adult Cabaret Manager and Entertainer Registration.

        A) No person shall work as a manager, assistant manager or entertainer at an adult
        cabaret without registering with the town. Each person registering as a manager or
        entertainer shall complete an registration form provided by the town containing the
        information identified below. A nonrefundable registration fee as established
        periodically by the licensing authority shall accompany the registration. A copy of
        the registration shall be provided to the police department for its review,
        investigation and recommendation. All registrations for a manager or entertainer
        shall be signed by the applicant and certified to be true under penalty of perjury. The
        manager’s or entertainer’s registration shall require the following information:

              1) The registrant’s name, home address, home telephone number, date and place
              of birth, and any stage names or nicknames used in entertaining. The registrant
              shall be responsible for advising the Licensing Authority in writing of any
              change in home address. Failure of a registrant to maintain with the Licensing
              Authority the registrant’s current home address shall be a waiver of notice
              provisions in this regulation.
              2) The name and address of each business at which the registrant intends to work.
              3) Documentation that the registrant has attained the age of 21 years. Any two of
              the following shall be accepted as documentation of age:

                  a. A motor vehicle operator’s license issued by any state bearing the
                  registrant’s photograph and date of birth;
                  b. A state-issued identification card bearing the registrant’s photograph and
                  date of birth;
                  c. An official passport issued by the United States of America;
                  d. An immigration document issued by the United States of America; or
                  e. Any other identification that the town determines to be acceptable.


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        B) A description of the applicant’s principal activities or services to be rendered.

        C) Two two-inch by two-inch color photographs of registrant, taken within six months
        of the date of application showing only the full face.

        D) Authorization for the town, its agents and employees to investigate and confirm any
        statements set forth in the application.

     5.3.1 Every adult entertainer shall provide his or her registration to the adult cabaret
     manager on duty on the premises prior to his or her performance. The manager shall
     retain the registration of the adult entertainers readily available for inspection by the
     town at any time during business hours of the adult cabaret.

     5.4.1 The Licensing Authority may request additional information or clarification when
     necessary to determine compliance with this regulation.

     5.5.1 An adult cabaret manager’s or an adult entertainer’s registration shall be issued by the
     Licensing Authority within 14 days of the date that the complete registration and fee
     are received unless the Licensing Authority determines that the registrant has failed to
     provide any information required to be supplied according to this regulation, has
     made any false, misleading or fraudulent statement of material fact in the registration,
     or has failed to meet any of the requirements for issuance of a registration under this
     regulation. If the Licensing Authority determines that the registrant has failed to
     qualify for the license applied for, the Licensing Authority shall deny the registration
     in writing and shall cite the specific reasons therefor, including applicable laws. If the
     Licensing Authority has failed to approve or deny any registration for an adult cabaret
     manager’s license within 14 days of filing of a complete registration, the applicant
     may, subject to all other applicable laws, commence work as an adult cabaret
     manager in a duly licensed adult cabaret until notified by the Licensing Authority that
     the registration has been denied, but in no event may the Licensing Authority extend
     the registration review for more than an additional 20 days.

     5.6.1 A registrant for a cabaret manager’s or adult entertainer’s registration shall be issued
     a temporary registration upon the Licensing Authority’s receipt of a complete
     registration and fee. Said temporary registration will automatically expire on the
     fourteenth day following the filing of the complete registration and fee, unless the
     Licensing Authority has failed to approve or deny the registration in which case the
     temporary registration shall be valid until the Licensing Authority approves or denies
     the registration, or until the final determination of any appeal from a denial of the
     registration. In no event may the Licensing Authority extend the registration review
     time for more than an additional 20 days.

6.1 Cabaret License Fees.

     6.1.1 Any person desiring to obtain an adult cabaret license shall first pay a license fee as
     established periodically by the Licensing Authority.


TOWN OF FREETOWN                                                                           65
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     6.2.1 Any person desiring to obtain an adult cabaret manager’s registration shall first pay a
     registration fee as established periodically by the Licensing Authority.

     6.3.1 Any person desiring to obtain an adult cabaret entertainer’s registration shall first pay
     a registration fee as established periodically by the Licensing Authority.

7.1 Standards of conduct and operation – Adult cabarets.

     7.1.1 The following standards of conduct must be adhered to by employees of any adult
     cabaret while in any area in which members of the public are allowed to be present:

        A) No employee or entertainer shall show the human male or female genital (sic), pubic
        area or buttocks with less than a fully opaque covering; the showing of the female
        breast with less than a fully opaque covering of any part of the nipple; the exposure
        of any device, costume, or covering which gives the appearance of or simulates the
        genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the
        exposure of any device worn as a cover over the nipples and/or areola of the female
        breast, which device simulates and gives the realistic appearance of nipples and/or
        areola at any time.

        B) No employee or entertainer mingling with members of the public shall conduct any
        dance, performance or exhibition in or about the nonstage area of the adult cabaret
        unless that dance, performance or exhibition is performed at a distance of no less
        than six feet, measured torso-to-torso, from the member of the public for whom the
        dance, performance or exhibition is performed.

     7.2.1 Payments – Gratuities.

        A) No payments, tip or gratuity offered to or accepted by an adult entertainer may be
        offered or accepted prior to any performance, dance or exhibition provided by the
        entertainer.

        B) No entertainer performing upon any stage area shall be permitted to accept any form
        of gratuity offered directly to the entertainer by any member of the public. Any
        gratuity offered to any entertainer performing upon any stage area must be placed
        into a permanently affixed, non-movable receptacle provided for receipt of gratuities
        by the adult cabaret or provided through a manager on duty on the premises.

        C) Any gratuity or tip offered to any adult entertainer conducting any performance,
        dance or exhibition in or about the nonstage area of the adult cabaret shall be placed
        into the hand of the adult entertainer or into a permanently affixed, non-movable
        receptacle provided by the adult entertainer, and not upon the person or into the
        clothing of the adult entertainer.

        D) Any payment, tip or gratuity not paid directly to an entertainer shall be paid by the
        manager to the entertainer, subject to any written agreement between the entertainer


TOWN OF FREETOWN                                                                          66
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        and the adult cabaret.

    7.3.1 An adult cabaret shall execute and maintain a written contract with each employee
    who is an entertainer at the adult cabaret. The contract shall specify the terms of the
    employment, independent contract or other relationship between the adult cabaret and
    the entertainer. A copy of each written contract shall be retained on the premises of
    the adult cabaret and available for inspection by the town.

    7.4.1 At any adult cabaret, the following are required:

        A) Admission must be restricted to persons of the age of 21 years or more. It is
        unlawful for any owner, operator, manager or other person in charge of an adult
        cabaret to knowingly permit or allow any person under 21 years of age to be in or
        upon such premises.

        B) Neither the performance nor any photograph, drawing, sketch or other pictorial or
        graphic representation thereof displaying any portion of the breasts below the top of
        the areola or any portion of the pubic hair, buttocks, genitals, and/or anus may be
        visible outside of the adult cabaret.

        C) No member of the public shall be permitted at any time to enter into any of the
        nonpublic portions of the adult cabaret, which shall include but are not limited to,
        the dressing rooms of the entertainers or other rooms provided for the benefit of
        employees, or the kitchen, and storage areas; except, that persons delivering goods
        and materials, foods and beverages, or performing maintenance or repairs to the
        premises or equipment on the premises may be permitted into nonpublic areas to the
        extent required to perform their job duties.

        D) No Alcoholic beverages shall be sold, possessed or consumed within 40 feet of the
        entertainment area.

    7.5.1 The responsibilities of the manager of an adult cabaret shall include but are not
    limited to:

        A) A licensed manager shall be on duty at an adult cabaret at all times adult
        entertainment is being provided or members of the public are present on the
        premises. The name and license of the manager shall be prominently posted during
        business hours. The manager shall be responsible for verifying that any person who
        provides adult entertainment within the premises possesses a current and valid
        entertainer’s license.

        B) The licensed manager on duty shall not be an entertainer.

        C) The manager or an assistant manager licensed under this regulation shall maintain
        visual observation of each member of the public at all times any entertainer is
        present in the public or performance areas of the adult cabaret. Where there is more
        than one performance area, or the performance area is of such size or configuration


TOWN OF FREETOWN                                                                        67
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        that one manager or assistant manager is unable to visually observe, at all times,
        each adult entertainer, each employee, and each member of the public, a manager or
        assistant manager licensed under this regulation shall be provided for each public or
        performance area or portion of the public or performance area visually separated
        from other portions of the adult cabaret.

        D) The manager shall be responsible for and shall assure that the actions of members of
        the public, the adult entertainers and all other employees shall comply with all
        requirements of this regulation.

        E) The manager shall be responsible for transfer of payments, tips and gratuities to
        entertainers.

     7.6.1 Premises – Specifications.

        A) Performance Area. The performance area of the adult cabaret where adult
        entertainment, as described in this regulation is provided, shall be a stage or
        platform at least 18 inches in elevation above the level of the patron seating areas,
        and shall be separated by a distance of at least eight feet from all areas of the
        premises to which members of the public have access. A continuous railing at least
        three feet in height and located at least eight feet from all points of the performance
        area shall separate the performance area and the patron seating areas. The stage and
        the entire interior portion of cubicles, rooms or stalls wherein adult entertainment is
        provided must be visible from the common areas of the premises and at least one
        manager’s station. Visibility shall not be blocked or obstructed by doors, curtains,
        drapes or any other obstruction whatsoever.

        B) Lighting. Sufficient lighting shall be provided and equally distributed throughout the
        public areas of the premises so that all objects are plainly visible at all times.

        C) Signs. A sign at least two feet by two feet, with large bold lettering letters at least
        one-inch high shall be conspicuously displayed in the public area(s) of the premises
        stating the following:

        THIS ADULT CABARET IS REGULATED BY THE TOWN OF FREETOWN.
        ENTERTAINERS ARE:

        NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT.
        NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON
        STAGE.
        NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF
        THEIR PERFORMANCE.
        NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE
        PERFORMING UPON ANY STAGE AREA.

8.1 License term – Assignment – Renewals.



TOWN OF FREETOWN                                                                           68
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     8.1.1 There shall be no prorating of the license fees set out in this regulation, and such
     licenses in effect on the day the town assumes enforcement responsibility shall expire
     on the thirty-first day of December of each year, except in the event that the original
     application is made subsequent to June 30th, then one-half of the annual fee may be
     accepted for the remainder of said year on the expiration date set forth in the license,
     and if application for renewal is made, then annually on the renewal date thereafter.

     8.2.1 Licenses issued under this regulation shall not be assignable.

     8.3.1 Application for renewal of licenses issued hereunder shall be made to the Licensing
     Authority no later than 30 days prior to the expiration of adult cabaret licenses, and
     no later than 14 days prior to the expiration of adult cabaret manager and entertainer
     licenses. The renewal license shall be issued in the same manner and on payment of
     the same fees as for an original application under this regulation. There shall be
     assessed and collected by the Licensing Authority, an additional charge, computed as
     a percentage of the license fee, on applications not made on or before said date, as
     follows:

     Days Past Due/Percent of License Fee
        7 – 30/ 25%
        31 – 60/50%
        61 and over75%

     8.4.1 The Licensing Authority shall renew a license upon application unless the Licensing
     Authority is aware of facts that would disqualify the applicant from being issued the
     license for which he or she seeks renewal; and further provided, that the application
     complies with all provisions of this regulation as now enacted or as the same may
     hereafter be amended.

9.1 License suspension or revocation – Hearing.

     9.1.1 Licensing Authority’s Action. The Licensing Authority may, upon the
     recommendation of the chief of police or designee and as provided in this section,
     deny, suspend or revoke any license issued under the provisions of this regulation at
     any time where the same was procured by fraud or false representation of fact; or for
     the violation of, or failure to comply with, the provisions of this regulation or any
     other similar local or state law by the licensee or by any of his servants, agents or
     employees when the licensee knew or should have known of the violations committed
     by his servants, agents or employees; or for the conviction of the licensee of any
     crime or offense involving prostitution, promoting prostitution, or transactions
     involving controlled substances (as that term is defined in Chapter 94C of the
     Massachusetts General Laws) committed on the premises, or the conviction of any of
     his servants, agents or employees of any crime or offense involving prostitution,
     promoting prostitution, or transactions involving controlled substances (as that term is
     defined in Chapter 94C of the Massachusetts General Laws) committed on the
     premises in which a cabaret is conducted when the licensee knew or should have
     known of the violations committed by servants, agents or employees of the licensee.


TOWN OF FREETOWN                                                                          69
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    9.2.1 Revocation – Suspension.

        A) A license procured by fraud or misrepresentation shall be revoked.

        B) Where other violations of this regulation or other applicable ordinances, statutes or
        regulations are found, the license shall be suspended for a period of 30 days upon
        the first such violation, 90 days upon the second violation within a subsequent 24-
        month period, and revoked for third and subsequent violations within a subsequent
        24-month period, not including periods of suspension.

    9.3.1 Notice. The Licensing Authority shall provide at least 10 days’ prior written notice to
    the licensee at the licensee’s last known address as shown in the Licensing
    Authority’s file. The notice of suspension shall state the reasons for the proposed
    suspension or revocation and that such suspension or revocation shall become
    effective within 30 days of the date of notice unless the licensee files an appeal in
    accordance with the provisions this regulation. If the Licensing Authority elects to
    provide notice by mail, service of the notice shall be deemed complete upon the third
    day following the day upon which the notice of suspension or revocation is placed in
    the mail postage prepaid, unless the third day falls on a Saturday, Sunday or legal
    holiday, in which event service shall be deemed complete on the first day other than a
    Saturday, Sunday or legal holiday, following the third day.

    9.4.1 Appeal. The licensee may appeal the action of the Licensing Authority by filing a
    notice of appeal with the Licensing Authority within 10 days of notice of suspension.




TOWN OF FREETOWN                                                                       70
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BUILDING DEPARTMENT
Building Permit Application
http://town.freetown.ma.us/forms/bi_freetownbldgpermitlong.pdf

Building Permit Information and Instructions

When Required:
It shall be unlawful to construct, reconstruct, alter, repair or demolish a structure, change the use or
occupancy of a building or structure or install or alter any equipment that is regulated by the
Commonwealth of Massachusetts State Building Code without first obtaining a building permit.

Application:
Application must be made by the owner or his/her authorized agent. Forms must be thoroughly and
accurately completed. Accuracy and completeness will directly affect the time required to process the
application. Please allow at least one week for review. Review, in some cases may take up to 30 days.
This limit may be extended if plans and applications are not clear or complete.

Plans and Specifications:
Every application must be accompanied by two copies of specifications and plans drawn to scale with
sufficient clarity, detail and dimensions to show the nature and character of the work to be performed.
This information will be thoroughly reviewed to determine code compliance. Again, the degree of
completeness and accuracy will have a bearing on the time required for review and approval. Plans
should include but not be limited to:

Site Plan:
There shall also be filed prior to a permit being granted for the excavation or for the erection of any
new building or structure a site plan drawn and stamped by a Registered Land Surveyor, showing to
scale the size and location of all new construction and all existing structures on the site, distances from
lot lines, the established street grades if they exist and proposed finished grades. In the case of
demolition, the site plan shall show all structures to be demolished and the location and size of all
existing structures and construction that are to remain on the site or plot. The site plan shall not be
changed except as specified in Sections 113.8 and 115.3 of the State Building Code.

Foundation Plan with anchor bolt locations and clearly showing wall and footing dimensions and depth
(minimum 4 feet below grade).

Structural (inc. framing and foundation plans), Architectural (inc. floor plans and elevations),
Mechanical and Electrical Plans in sufficient detail to determine code compliance. Include exterior
building envelope component materials R-values & heat loss information for energy code compliance.

Stamped Plans:
Plans and specifications for any building containing more than 35,000 cubic feet of enclosed space must
be stamped and signed by a qualified Registered Professional Engineer or Architect (see State Building
Code for exceptions).

Posting Permit:
The building permit must be posted at the site in clear view and protected from the weather at all times
until the completion of the job.

Inspections:
See "Building Inspection Information and Instructions" for information regarding inspections.




TOWN OF FREETOWN                                                                               71
43D Permitting Guidebook
Occupancy:
Upon satisfactory completion of the work a Certificate of Use/Occupancy will be issued by this
department. Occupancy prior to issuance of this certificate is illegal and is subject to the same penalties
listed below for work without a permit.

Compliance With Permit:
All work shall conform to the approved plans for which the permit has been issued and any approved
amendments thereto.

Compliance With Code:
The permit shall be a license to proceed with the work and shall not be construed as authority to
violate, set aside, or cancel any of the provisions of applicable codes or regulations, except as
specifically stipulated by modification or a legally granted variance in accordance with State Building
Code Section 126.0.

Changes:
Any changes or modifications to the approved plans must be submitted in writing on an application and
plans provided by the Building Department for approval prior to construction of the change.

Expiration:
A building permit expires if the work authorized by it is not commenced within six (6) months of
issuance and continued through in good faith to completion, unless a renewal is requested and granted
prior to expiration.

Revocation of Permits:
The Building Inspector may revoke a permit or approval issued under the provisions of the State
Building Code in the case of any false statement or misrepresentation of fact in the application or the
plans on which the permit or approval was based.

Penalty:
Failure to obtain a building permit or starting work before a permit is issued will result in a double fee.

Violation of Code Provisions:
A person who shall violate a provision of the Building Code shall be punishable by a fine of not more
than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both, for each
violation. Each day during which any portion of a violation continues shall constitute a separate offense.

Last Updated: 4/6/2009


Permit to do Gas Fitting
http://town.freetown.ma.us/forms/gi_frmgaspermit.pdf

Permit to do Plumbing
http://town.freetown.ma.us/forms/pi_frmplumbpermit.pdf

Permit to Perform Electrical Work
http://town.freetown.ma.us/forms/wi_frmElectApp.pdf




TOWN OF FREETOWN                                                                                72
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TOWN OF FREETOWN           73
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CONSERVATION COMMISSION
                          Town of Freetown
               Wetlands Protection Rules and Regulations
   1. Purpose
   The purpose of this regulation is to protect the wetlands, water resources, and
   adjoining land areas in the Town of Freetown by controlling activities deemed by the
   Conservation Commission likely to have a significant or cumulative effect upon
   resource area values, including but not limited to the following: public or private
   water supply, groundwater, flood control, erosion and sedimentation control, storm
   damage prevention including coastal storm flowage, water quality, water pollution
   control and prevention, fisheries, land containing shellfish, wildlife habitat, rare
   species habitat including rare plant species, agriculture, aquaculture, and recreation
   values, deemed important to the community (collectively, the "resource area values
   protected by this bylaw"). The Conservation Commission has the authority to adopt
   these rules and regulations for the use of conservation land (G.L. Ch. 40 §8C).


   2. Exemptions and Exceptions
   The application and permit required by these regulations shall not be required for
   work performed for normal maintenance or improvement of land which is lawfully in
   agricultural use (as defined by the Wetlands Protection Act Regulations at 310 CMR
   10.04) at the time the work takes place, provided that written notice has been given
   to the Commission prior to the commencement of work, and that the work conforms
   to performance standards and design specifications in regulations adopted by this
   Commission.
   The application and permit required by these regulations shall not be required for
   maintaining, repairing, or replacing, but not substantially changing or enlarging, an
   existing and lawfully located structure or facility used in the service of the public to
   provide electric, gas, water, telephone, telegraph, or other telecommunication
   services, provided that written notice has been given to the Conservation Commission
   prior to commencement of work, and that the work conforms to any performance
   standards and design specifications in regulations adopted by the Commission.
   The application and permit required by these regulations shall not be required for
   emergency projects necessary for the protection of the health and safety of the
   public, provided that the work is to be performed by or has been ordered to be
   performed by an agency of the Commonwealth or a political subdivision thereof;
   provided that advance notice, oral or written, has been given to the Commission prior
   to commencement of work or within 24 hours after commencement; provided that the
   Commission or its agent certifies the work as an emergency project; provided that the
   work is performed only for the time and place certified by the Commission for the
   limited purposes necessary to abate the emergency; and provided that within 21 days
   of commencement of an emergency project a permit application shall be filed with the
   Commission for review as provided by these regulations. Upon failure to meet these
   and other requirements of the Commission, the Commission may, after notice and a
   public hearing, revoke or modify an emergency project approval and order restoration
   and mitigation measures.




TOWN OF FREETOWN                                                                    74
43D Permitting Guidebook
   Other than stated in this section, the exceptions provided in the Wetlands Protection
   Act (G.L. Ch. 131 §40) and Regulations (310 CMR 10.00) shall not apply under this
   bylaw.


   3. Applications and Fees
   Written application shall be filed with the Conservation Commission to perform
   activities affecting resource areas protected by the Town of Freetown Wetland
   Protection bylaw. The permit application shall include such information and plans as
   are deemed necessary by the Commission to describe proposed activities and their
   effects on the resource areas protected by the Town of Freetown Wetlands Protection
   by-law. No activities shall commence without receiving and complying with a permit
   issued pursuant to this bylaw.
   The Commission in an appropriate case may accept as the application and plans under
   these regulations the Notice of Intent and plans filed under the Wetlands Protection
   Act (G.L. Ch. 131 §40) and Regulations (310 CMR 10.00).
   Any person desiring to know whether or not a proposed activity or an area is subject
   to the Town of Freetown Wetland Protection by-law may in writing request a
   determination from the Commission. Such a Request for Determination of Applicability
   (RDA) shall include information and plans as are deemed necessary by the
   Commission.
   At the time of a permit application or request for determination, or application for
   Certificate of Compliance, the applicant shall pay a filing fee specified in these
   Regulations of the Commission. This fee is in addition to that required by the
   Wetlands Protection Act, (M.G.L. Ch. 131 § 40) and Regulations (310 CMR 10.00).
   Upon receipt of an application, or at any point during the hearing process, the
   Commission is authorized to require an applicant to pay a fee for the reasonable costs
   and expenses borne by the Commission for specific expert engineering and other
   consultant services deemed necessary by the Commission to come to a final decision
   on the application. This fee is called the "consultant fee." The specific consultant
   services may include, but are not limited to, performing or verifying the accuracy of
   resource area survey and delineation; analyzing resource area functions and values,
   including wildlife habitat evaluations, hydrogeologic and drainage analysis; and
   researching environmental or land use law.
   If a municipal revolving fund has been established, pursuant to G.L. Ch. 44 §53E or a
   special act, for deposit and Commission use of filing and/or consultant fees described
   above, then such filing and/or consultant fees shall be deposited therein, for uses set
   out in the vote establishing the fund. This account shall be kept separate from the
   account established for filing fees paid under the state Wetlands Protection Act.
   The exercise of discretion by the Commission in making its determination to require
   the payment of a consultant fee shall be based upon its reasonable finding that
   additional information available only through outside consultants is necessary for the
   making of an objective decision. Any applicant aggrieved by the imposition of, or size
   of, the consultant fee, or any act related thereto, may appeal according to the
   provisions of the Massachusetts General Laws.
   The Commission may waive the filing fee, consultant fee, and costs and expenses for
   a permit or other application or RDA filed by a government agency. The required
   advertising fees for public notification of the project cannot be waived.




TOWN OF FREETOWN                                                                    75
43D Permitting Guidebook
   4. Notice and Hearings
   Any person filing a permit or other application or RDA with the Conservation
   Commission at the same time shall give written notice thereof, by certified mail
   (return receipt requested) or hand delivered, to all abutters at their mailing addresses
   shown on the most recent applicable tax list of the assessors, including owners of land
   directly opposite on any public or private street or way, and abutters to the abutters
   within 100 feet of the property line of the applicant, including any in another
   municipality or across a body of water. The notice to abutters shall have enclosed a
   copy of the application or request, with plans, or shall state where copies may be
   examined and obtained by abutters. An affidavit of the person providing such notice,
   with a copy of the notice mailed or delivered, shall be filed with the Commission.
   When a person requesting a determination is someone other than the owner, the
   request, the notice of the hearing and the determination itself shall be sent by the
   Commission to the owner as well as to the person making the request.
   The Commission shall conduct a public hearing on any permit application, Abbreviated
   Notice of Resource Area Delineation (ANRAD) or RDA, with written notice given at the
   expense of the applicant, at least five business days prior to the hearing, in a
   newspaper of general circulation in the municipality.
   The Commission shall commence the public hearing within 21 days from receipt of a
   completed permit application, ANRAD or RDA unless an extension is authorized in
   writing by the applicant. The Commission shall have authority to continue the hearing
   to a specific date announced at the hearing, for reasons stated at the hearing, which
   may include the need for additional information from the applicant or others deemed
   necessary by the Commission in its discretion, based on comments and
   recommendations of the boards and officials listed in section 5.
   The Commission shall issue its permit, other order or determination in writing within
   21 days of the close of the public hearing thereon unless the applicant authorized an
   extension in writing.
   The Commission in an appropriate case may combine its hearing under this bylaw
   with the hearing conducted under the Wetlands Protection Act (G.L. Ch.131 §40) and
   Regulations (310 CMR 10.00).


   5. Coordination with Other Boards
   Any person filing a permit application, excluding Request for Determination, with the
   Conservation Commission shall provide a total of 5 copies. One copy will be
   forwarded to the Building Inspector/ Health Agent and one copy will be forwarded to
   the Planning Board. A copy shall be provided by certified mail to the Conservation
   Commission of the adjoining municipality, if the application or RDA pertains to
   property within 100 feet of that municipality. The Commission may act upon the
   application if no comments have been received within 14 days. The applicant shall
   have the right to receive any comments and recommendations, and to respond to
   them at a hearing of the Commission, prior to final action.


   6. Permits and Conditions
   If the Conservation Commission, after a public hearing, determines that the activities
   which are subject to the permit application or the land and water uses which will
   result there from, are likely to have a significant individual or cumulative effect upon
   the resource area values protected by this bylaw, the Commission, within 21 days of


TOWN OF FREETOWN                                                                     76
43D Permitting Guidebook
   the close of the hearing, shall issue or deny a permit for the activities requested. If it
   issues a permit, the Commission shall impose conditions which the Commission
   deems necessary or desirable to protect those values, and all activities shall be done
   in accordance with those conditions. The Commission shall take into account the
   cumulative adverse effects of loss, degradation, isolation, and replication of protected
   resource areas throughout the community and the watershed, resulting from past
   activities, permitted and exempt, and foreseeable future activities.
   Where no conditions are adequate to protect those resource values, the Commission
   is empowered to deny a permit for failure to meet the requirements of this bylaw. The
   Commission may also deny a permit: for failure to submit necessary information and
   plans requested by the Commission; for failure to meet the design specifications,
   performance standards, and other requirements in regulations of the Commission; or
   for failure to avoid or prevent unacceptable significant or cumulative effects upon the
   resource area values protected by this bylaw. Due consideration shall be given to any
   demonstrated hardship on the applicant by reason of denial, as presented at the
   public hearing.
   Lands within 200 feet of rivers, ponds and lakes, and lands within 100 feet of other
   resource areas, are presumed important to the protection of these resources because
   activities undertaken in close proximity to resource areas have a high likelihood of
   adverse impact upon the wetland or other resource, either immediately, as a
   consequence of construction, or over time, as a consequence of daily operation or
   existence of the activities. These adverse impacts from construction and use can
   include, without limitation, erosion, siltation, loss of groundwater recharge, poor
   water quality, and loss of wildlife habitat. The Commission may therefore establish
   performance standards for protection of such lands including without limitation, strips
   of continuous, undisturbed vegetative cover within the 200-foot or 100-foot area, or
   other form of work limit or setback to buildings, roads, landscaping and other
   features, unless the applicant convinces the Commission that the area or part of it
   may be disturbed without harm to the values protected by the bylaw. The specific size
   and type of protected area may be established by regulations of the Commission.
   In the review of areas within 200 feet of rivers, ponds and lakes, no permit issued
   hereunder shall permit any activities unless the applicant, in addition to meeting the
   otherwise applicable requirements of this bylaw, has proved by a preponderance of
   the evidence that (1) there is no practicable alternative to the proposed project with
   less adverse effects, and that (2) such activities, including proposed mitigation
   measures, will have no significant adverse impact on the areas or values protected by
   the Town of Freetown Wetlands Protection bylaw. The Commission shall regard as
   practicable an alternative which is reasonably available and capable of being done
   after taking into consideration the proposed property use, overall project purpose
   (e.g., residential, institutional, commercial, or industrial purpose), logistics, existing
   technology, costs of the alternatives, and overall project costs.
   To prevent wetlands loss, the Commission shall require applicants to avoid wetlands
   alteration wherever feasible; shall minimize wetlands alteration; and, where alteration
   is unavoidable, shall require full mitigation. The Commission may authorize or require
   replication of wetlands as a form of mitigation, but only with adequate security,
   professional design, and monitoring to assure success, because of the high likelihood
   of failure of replication.
   The Commission may require a wildlife habitat study of the project area, to be paid for
   by the applicant, whenever it deems appropriate, regardless of the type of resource
   area or the amount or type of alteration proposed. The decision shall be based upon
   the Commission’s estimation of the importance of the habitat area considering (but
   not limited to) such factors as proximity to other areas suitable for wildlife,

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   importance of wildlife "corridors" in the area, or possible presence of rare species in
   the area. The work shall be performed by an individual who at least meets the
   qualifications set out in the wildlife habitat section of the Wetlands Protection Act
   Regulations (310 CMR 10.60).
   The Commission shall presume that all areas meeting the definition of "vernal pools"
   under §IX of this bylaw, including the adjacent area, perform essential habitat
   functions. This presumption may be overcome only by the presentation of credible
   evidence which, in the judgment of the Commission, demonstrates that the basin or
   depression does not provide essential habitat functions. Any formal evaluation should
   be performed by an individual meeting the qualifications under the wildlife habitat
   section of the Wetlands Protection Act Regulations.


   7. Time Periods
   A permit shall expire three years from the date of issuance. Notwithstanding the
   above, the Commission in its discretion may issue a permit expiring five years from
   the date of issuance for recurring or continuous maintenance work, provided that
   annual notification of time and location of work is given to the Commission.
   Notwithstanding the above, a permit may identify requirements which shall be
   enforceable for a stated number of years, indefinitely, or until permanent protection is
   in place, and shall apply to all owners of the land.
   Amendments to permits or determinations shall be handled in the manner set out in
   the Wetlands Protection Act Regulations and policies there under.
   The Commission in an appropriate case may combine the decision issued under this
   bylaw with the Order of Conditions, Order of Resource Area Delineation (ORAD),
   Determination of Applicability or Certificate of Compliance issued under the Wetlands
   Protection Act (M.G.L. Ch. 131 § 40) and Regulations (310 CMR 10.00).


   8. Recording
   No work proposed in any application shall be undertaken until the permit, ORAD or
   determination issued by the Commission with respect to such work has been recorded
   in the registry of deeds or, if the land affected is registered land, in the registry
   section of the land court for the district wherein the land lies, and until the holder of
   the permit certifies in writing to the Commission that the document has been
   recorded. If the applicant fails to perform, the Commission may record the documents
   itself at the applicant’s expense.
   Upon completion of the work described in the Permit and shown on the final Plan of
   Record, the applicant may request in writing that a Certificate of Compliance be
   issued. The Commission, within 21 days of receipt thereof, shall review a request for
   Certificate of Compliance.


   9. Definitions
   The following definitions shall apply in the interpretation and implementation of these
   regulations.
   The term "alter" shall include, without limitation, the following activities when
   undertaken to, upon, within or affecting resource areas protected by this bylaw:
      A. Removal, excavation, or dredging of soil, sand, gravel, or aggregate
      materials of any kind

TOWN OF FREETOWN                                                                     78
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      B. Changing of preexisting drainage characteristics, flushing characteristics,
      salinity distribution, sedimentation patterns, flow patterns, or flood retention
      characteristics
      C. Drainage or other disturbance of water level or water table
      D. Dumping, discharging, or filling with any material which may degrade water
      quality
      E. Placing of fill, or removal of material, which would alter elevation
      F. Driving of piles, erection, expansion of buildings, or structures that require a
      Building Permit.
      G. Placing of obstructions or objects in water
      H. Destruction of plant life including cutting or trimming of trees and shrubs
      I. Changing temperature, biochemical oxygen demand, or other physical,
      biological, or chemical characteristics of any waters
      J. Any activities, changes, or work which may cause or tend to contribute to
      pollution of any body of water or groundwater
      K. Incremental activities which have, or may have, a cumulative adverse
      impact on the resource areas protected by this bylaw.
   The term "bank" shall include the land area which normally abuts and confines a
   water body; the lower boundary being the mean annual low flow level, and the upper
   boundary being the first observable break in the slope or the mean annual flood level,
   whichever is higher.
   The term "person" shall include any individual, group of individuals, association,
   partnership, corporation, company, business organization, trust, estate, the
   Commonwealth or political subdivision thereof to the extent subject to town bylaws,
   administrative agency, public or quasi-public corporation or body, this municipality,
   and any other legal entity, its legal representatives, agents, or assigns.
   The term "pond" shall follow the definition of 310 CMR 10.04.
   The term "rare species" shall include, without limitation, all vertebrate and
   invertebrate animal and all plant species listed as endangered, threatened, or of
   special concern by the Massachusetts Division of Fisheries and Wildlife, regardless of
   whether the site in which they occur has been previously identified by the Division.
   The term "vernal pool" shall include, in addition to scientific definitions found in the
   regulations under the Wetlands Protection Act, any confined basin or depression not
   occurring in existing lawns, gardens, landscaped areas or driveways which, at least in
   most years, holds water for a minimum of two continuous months during the spring
   and/or summer, contains at least 200 cubic feet of water at some time during most
   years, is free of adult predatory fish populations, and provides essential breeding and
   rearing habitat functions for amphibian, reptile or other vernal pool community
   species, regardless of whether the site has been certified by the Massachusetts
   Division of Fisheries and Wildlife. The boundary of the resource area for vernal pools
   shall be 100 feet outward from the mean annual high-water line defining the
   depression, but shall not include existing lawns, gardens, landscaped or developed
   areas.
   Except as otherwise provided in these regulations of the Conservation Commission,
   the definitions of terms and procedures shall be as set forth in the Wetlands
   Protection Act (G.L. Ch. 131 §40) and Regulations (310 CMR 10.00).



TOWN OF FREETOWN                                                                       79
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   10. Security
   As part of a permit issued under these regulations, in addition to any security required
   by any other municipal or state board, agency, or official, the Conservation
   Commission may require that the performance and observance of the conditions
   imposed hereunder (including conditions requiring mitigation work) be secured wholly
   or in part by one or more of the methods described below:
      A. By a proper bond or deposit of money or negotiable securities or other
      undertaking of financial responsibility sufficient in the opinion of the
      Commission, to be released in whole or in part upon issuance of a Certificate of
      Compliance for work performed pursuant to the permit
      B. An Order of Conditions shall also include a condition that the applicant (or
      owner if the applicant is not the owner of the property) grants the
      Commission, the Town, and their agents’ permission to enter the property in
      the event of default in order to perform any work reasonably necessary to cure
      the default. The applicant (or owner) should be required to sign the Order of
      Conditions as assenting to the conditions allowing entry and imposing the
      bond. The Order of Conditions should be properly recorded at the Registry of
      Deeds.
      C. In a situation where immediate action is necessary for the promotion and
      development of natural resources or to protect the Town’s watershed
      resources, the Commission may expend available funds from the Conservation
      fund under M.G.L. Ch. 40 § 8.
      D. When the Commission requires a performance bond on a particular project,
      it should clearly define in the Order of Conditions what the performance covers
      and what conditions the applicant will be deemed to be in default.


   11. Enforcement
   No person shall remove, fill, dredge, build upon, degrade, or otherwise alter resource
   areas protected by the Town of Freetown Wetlands Protection by-law, or cause,
   suffer, or allow such activity, or leave in place unauthorized fill, or otherwise fail to
   restore illegally altered land to its original condition, or fail to comply with a permit or
   an enforcement order issued pursuant to this by-law.
   The Conservation Commission, its agents, officers, and employees shall have
   authority to enter upon privately owned land for the purpose of performing their
   duties under these regulations and may make or cause to be made such
   examinations, surveys, or sampling as the Commission deems necessary, subject to
   the constitutions and laws of the United States and the Commonwealth.
   The Commission shall have authority to enforce its regulations, and permits issued
   hereunder by violation notices, non-criminal citations under G.L. Ch. 40 §21D, and
   civil and criminal court actions. Any person who violates provisions of these
   regulations may be ordered to restore the property to its original condition and take
   other action deemed necessary to remedy such violations, or may be fined, or both.
   Upon request of the Commission, the Board of Selectmen and Town Counsel shall
   take legal action for enforcement under civil law. Upon request of the Commission,
   the chief of police shall take legal action for enforcement under criminal law.
   Municipal boards and officers, including any police officer or other officer having police
   powers, shall have authority to assist the Commission in enforcement.



TOWN OF FREETOWN                                                                        80
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   Any person, who violates any provision of these regulations, permits, or
   administrative orders issued hereunder, may be punished by a fine of not more than
   $300. Each day or portion thereof during which a violation continues, or unauthorized
   fill or other alteration remains in place, shall constitute a separate offense, and each
   provision of the bylaw, regulations, permits, or administrative orders violated shall
   constitute a separate offense.
   As an alternative to criminal prosecution in a specific case, the Commission may issue
   citations under the non-criminal disposition procedure set forth in G.L. Ch. 40 §21D,
   which has been adopted by the Town in section 7 of the general bylaws.


   12.   Burden of Proof
   The applicant for a permit shall have the burden of proving by a preponderance of the
   credible evidence that the work proposed in the permit application will not have
   unacceptable significant or cumulative effect upon the resource area values protected
   by this bylaw. Failure to provide adequate evidence to the Conservation Commission
   supporting this burden shall be sufficient cause for the Commission to deny a permit
   or grant a permit with conditions.


   13. Appeals
   A decision of the Conservation Commission shall be reviewable in the superior court in
   accordance with M.G.L. Ch. 249 §4.


   14. Relation to the Wetlands Protection Act
   These regulations are adopted under the Home Rule Amendment of the
   Massachusetts Constitution and the Home Rule statutes, independent of the Wetlands
   Protection Act (G.L. Ch. 131 §40) and Regulations (310 CMR 10.00) hereunder.
   15. Severability
   The invalidity of any section or provision of this bylaw shall not invalidate any other
   section or provision thereof, nor shall it invalidate any permit, approval or
   determination, which previously has been issued.




TOWN OF FREETOWN                                                                     81
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Notice of Intent:
http://town.freetown.ma.us/forms/concom_frmnoticeintent.doc

Notice of Intent Instructions:
http://town.freetown.ma.us/forms/concom_frmnoticeintentinst.doc

Request for Certificate of Compliance:
http://town.freetown.ma.us/forms/concom_frmreqcertcompl.doc

Request for Determination of Applicability:
http://town.freetown.ma.us/forms/concom_frmrda.doc

Request for Determination of Applicability Instructions:
http://town.freetown.ma.us/forms/concom_frmrdainst.doc

Request for Abbreviated Notice of Intent:
http://town.freetown.ma.us/forms/concom_frmabbvrnoticeintent.doc

Request for Abbreviated Notice of Intent Instructions:
http://town.freetown.ma.us/forms/concom_frmabbvrnoticeintentinst.doc




TOWN OF FREETOWN                                                       82
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FIRE DEPARTMENT
                     THE GENERAL LAWS OF MASSACHUSETTS
                   PART I. ADMINISTRATION OF THE GOVERNMENT

                     TITLE XX. PUBLIC SAFETY AND GOOD ORDER

CHAPTER 148. FIRE PREVENTION

Chapter 148: Section 13. Licenses for land for explosives and inflammable materials;
certificate of approval; record; certificate of registrations; fees; replacements and
alterations of, and regulations for buildings; explosion hazard; appeals to marshal


Section 13. No building or other structure shall, except as provided in section fourteen, be used
for the keeping, storage, manufacture or sale of any of the articles named in section nine, unless
the local licensing authority shall have granted a license to use the land on which such building or
other structure is or is to be situated for the aforementioned uses, after a public hearing, notice of
the time and place of which hearing shall have been given, at the expense of the applicant, by the
clerk of the city or of the local licensing authority, by publication, not less than seven days prior
thereto, in a newspaper published in the English language in the city or town wherein said land is
situated, if there is any so published therein, otherwise in the county in which such city or town
lies, and also by the applicant by registered mail, not less than seven days prior to such hearing, to
all owners of real estate abutting on said land or directly opposite said land on any public or
private street as they appear on the most recent local tax list at the time the application for such
license is filed, and unless the application for such license shall have endorsed thereon the
certificate of approval or disapproval of the head of the fire department. Such license shall be
recorded in the office of the city or town clerk, and it shall, from the time of the granting thereof
by the licensing authority, be deemed a grant attaching to the land described therein and as an
incident of ownership thereof running with the land and shall not be deemed to be merely a
personal privilege. Any license granted hereunder, or any license for the keeping, storage,
manufacture or sale of any of the articles named in section nine, granted prior to July first,
nineteen hundred and thirty-six, including any license reinstated and continued by the marshal as
herein provided, shall remain in force unless and until revoked as hereinafter provided. Any such
license granted hereunder shall be subject to such conditions and restrictions as may be prescribed
in the license by the local licensing authority, which may include a condition that the license be
exercised to such extent and within such period as may be fixed by such authority.

The owner or occupant of said land licensed as herein provided, and the holder of any license for
the keeping, storage, manufacture or sale of any of the articles named in section nine, granted
prior to July first, nineteen hundred and thirty-six, including any license reinstated and continued
by the marshal as herein provided, shall annually, on or before April thirtieth, file with the clerk of
the city or town where such license is to be or has been exercised, or in Boston, with the fire
commissioner, or in Cambridge, with the board of license commissioners, a certificate of
registration setting forth the name and address of the holder of such license; provided, that no
certificate of registration shall be required for any building used as a garage for storing not more
than three vehicles, when once used under such a license. The board may by regulation prescribe

TOWN OF FREETOWN                                                                           84
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the amount of any of the articles named in section nine that may be kept in a building or other
structure without a license and registration, or either of them. Such fee as may be established from
time to time by ordinance or by-law may be charged for any such license, registration or
certificate of the head of the fire department, respectively.

Every license granted under this section, and every certificate of registration filed under this
section, shall be deemed to be granted or filed upon condition that if the land described in the
license ceases to be used for the aforementioned uses, the holder of the license shall within three
weeks after such cessation eliminate, in accordance with rules and regulations of the board, all
hazardous conditions incident to such cessation. If the holder of the license fails so to eliminate
such conditions, the local licensing authority may eliminate such conditions; and a claim for the
expense incurred by the local licensing authority in so doing shall constitute a debt due the city or
town upon the completion of the work and the rendering of an account therefor to the holder of
the license, and shall be recoverable from such holder in an action of contract. Said debt, together
with interest thereon at the rate of six per cent per annum from the date said debt becomes due,
shall constitute a lien on said land if a statement of claim, signed by the local licensing authority,
setting forth the amount claimed without interest is filed, within ninety days after the debt
becomes due, with the register of deeds for record or registration, as the case may be, in the
county or in the district, if the county is divided into districts, where the land lies. Such lien shall
take effect upon the filing of the statement aforesaid and shall continue for two years from the
first day of October next following the date of such filing. Such lien may be dissolved by filing
with the register of deeds for record or registration, as the case may be, in the county or in the
district, if the county is divided into districts, where the land lies, a certificate from the collector of
the city or town that the debt for which such lien attached, together with interest and costs
thereon, has been paid or legally abated. Such collector shall have the same powers and be subject
to the same duties with respect to such claim as in the case of the annual taxes upon real estate;
and the provisions of law relative to the collection of such annual taxes, the sale or taking of land
for the non-payment thereof, and the redemption of land so sold or taken shall apply to such
claim.

The marshal may, upon application and after a public hearing, reinstate and continue in force and
effect any license granted prior to July first, nineteen hundred and thirty-six, for the keeping,
storage, manufacture or sale of any of the articles named in said section nine, irrespective of the
extent of the use and occupancy of buildings or other structures made or had under said license
prior to the date of such reinstatement and continuance, anything in the provisions of this chapter
to the contrary notwithstanding, unless prior to such reinstatement and continuance said license
has been revoked for cause or the marshal shall have determined that a fire or explosion hazard
would result from the exercise of such license. The marshal shall give written notice of such
application, and of the date of the hearing thereon, to the head of the fire department of the city or
town wherein is situated the land to which such application relates and shall, after such hearing,
notify in like manner the clerk of such city or town of the action taken on such application.

Any license granted hereunder between July first, nineteen hundred and thirty-six and August
seventeenth, nineteen hundred and fifty-one, both dates inclusive, not exercised for a period of at
least three years, may be revoked by the local licensing authority after notice and hearing given to
the owner or occupant of the land licensed.



TOWN OF FREETOWN                                                                              85
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When a fire or explosion hazard exists or is liable to exist due to the exercise of such license, the
marshall or the head of the fire department, shall issue an order to the licensee to cease and desist
in the exercise of such license and said marshall or said head of the fire department shall direct
that reasonable measures to insure safety to the public be undertaken at the expense of the holder
of such license.

Any license granted hereunder or any license for the keeping, storage, manufacture or sale of any
of the articles named in section nine, granted prior to July first, nineteen hundred and thirty-six,
including any license reinstated and continued by the marshal as herein provided, may be revoked
for cause, after notice and a hearing given to such owner or occupant, by the local licensing
authority or by the marshal. Any building or structure erected or maintained under any of the
aforementioned licenses shall always be subject to such replacements and alterations in
construction and to such regulations of its use in respect to protection against fire or explosion as
the board may prescribe.

Any person aggrieved by the granting of a license hereunder on the ground that the exercise
thereof would constitute a fire or explosion hazard may, within ten days after the granting thereof,
appeal to the marshal who, after notice and hearing, shall finally determine whether such a hazard
would result. If, in his opinion, such a hazard would result, he shall notify the authority granting
the license, and such notice when received by such authority shall constitute a revocation of such
license and no further license for the same or similar use of the same land shall be granted within
one year after the receipt by such authority of such notice.




TOWN OF FREETOWN                                                                          86
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PLANNING BOARD
              RULES AND REGULATIONS OF THE PLANNING BOARD
                AS SPECIAL PERMITS GRANTING AUTHORITY

                                     OUTLINE

SECTION 1.    GENERAL PROVISIONS

      A.      Purpose and Authority
      B.      Adoption and Amendment
      C.      Effective Date
      D.      Applicant
      E.      Pre-Application Conference
      F.      Fees

SECTION II.   APPLICATIONS FOR SPECIAL PERMITS

      A.      Completeness of Application
      B.      Plans and Other Pertinent Information
              1.      General
              2.      Date of Submission
              3.      Plan Contents
              4.      Off-Street Parking and Loading Regulations
                      a.      Off-Street Parking and Loading Requirements
                      b.      Existing Spaces
                      c.      Computation of Spaces
                      d.      Combined Facilities
                      e.      Location of Parking Spaces
                      f.      Minimum Off-Street Loading and Unloading Requirements
                      g.      Location of Loading Spaces
                      h.      Parking and Loading Space Standards
                      i.      Handicap Accessibility
              5.      Buffer Zones
              6.      Signs

SECTION III. PUBLIC HEARING

      A.      Notice
      B.      Representation at Hearing

SECTION IV. DISPOSITION OF APPLICATION

      A.      Referral to Other Agencies
      B.      Approval
              1. Time Limit
              2. Voting
      C.      Withdrawal of Application
      D.      Reconsideration
      E.      Certification
      F.      Appeals

TOWN OF FREETOWN                                                                      87
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      G.     Re-application
      H.     Lapse of Special Permit
      I.     Effective Date of Special Permit

SECTION V.   OTHER PROVISIONS

      A.     Performance Guarantee
      B.     Severability of Provisions
      C.     Waiver of Full Compliance




TOWN OF FREETOWN                                88
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                RULES AND REGULATIONS OF THE PLANNING BOARD
                  AS SPECIAL PERMITS GRANTING AUTHORITY

                        SECTION I. GENERAL PROVISIONS

A.      PURPOSE AND AUTHORITY

These Rules and Regulations are adopted by the Planning Board, hereinafter called the Board, as the
Special Permits Granting Authority provided in the Protective By-Laws of the Town of Freetown, and as
provided in Chapter 40A of the Massachusetts General Laws for the purpose of establishing uniform
procedures for the granting of Special Permits for certain uses within the Town of Freetown.

B.      ADOPTION AND AMENDMENT

These Rules and Regulations may be adopted and from time to time amended by majority vote, provided
such adoption or amendment is submitted in writing at a meeting of the Board and action thereon taken
following a public hearing.

C.      EFFECTIVE DATE

These Rules and Regulations are effective when voted. A copy shall be filed with the office of the Town
Clerk, with appropriate endorsements such as:

        Date of adoption:
        Date filed with the Town Clerk:
        Amendments - dates of adoption:
        Amendments - dates filed with Town Clerk, etc.

D.      APPLICANT (Petitioner)

An application or petition for a Special Permit may be brought by a property owner, agent or prospective
purchaser who submits certification of property interest and authorized to file by the owner.

E.      PRE-APPLICATION CONFERENCE

The Planning Board may hold pre-application conferences at any regular or special meeting of the Board.
Preliminary plans may be submitted for discussion purposes and to assist in the identification of the nature
of information necessary to meet the requirements of the by-law’s and regulations for a specific use.

F.      FEES

       Special Permits for Non-Conforming Uses:
                Single Family           $ 25.00
                Multi Family            $ 50.00
                Business Use            $ 100.00
                Industrial Use          $ 100.00
Any expenses for professional consultant review and advertisement as deemed necessary by the Planning
Board shall be borne by the applicant.




TOWN OF FREETOWN                                                                                89
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        SECTION II. APPLICATIONS FOR SPECIAL PERMITS

A.      COMPLETENESS OF APPLICATION

The applicant must submit a properly executed FORM SP, which shall be furnished by the Clerk of the
Planning Board upon request. All information indicated on the form shall be supplied by the applicant in
the manner prescribed (fully and correctly). Before the Planning Board may act on an application filed
pursuant to these Rules and Regulations, the Board shall first determine whether the submitted application
is complete and properly submitted. In order for an application to be considered a proper submittal, the
provisions of the Filing requirements, Submission requirements, the Form SP, the contents requirements
and Fee requirements shall be fulfilled. These requirements are stated in Section I, Section II, Section III,
and Section V.,C.

         The determination of the completeness of the application shall be made prior to the closing of the
next regularly scheduled Planning Board meeting. If an application is determined not to be a proper
submittal, it shall be denied without need of a public hearing, but with prior written notice to the applicant
that the Planning Board will be considering whether the application is a proper submittal. A determination
that an application is a proper submittal shall be filed with the Town Clerk within seven (7) days of the
Planning Board’s decision on such a matter.

B.      PLANS AND OTHER PERTINENT INFORMATION

1.      General: For the purpose of furnishing sufficient information upon which to base a decision of the
Board, the petitioner shall submit ten (10) copies of the project plans and pertinent calculations to the
Planning Board. All such plans shall be prepared by a Registered Land Surveyor and/or a Professional
Engineer as required. The plan shall be oriented to true or magnetic north and identified by date and name
of the petitioners and contain such other information as the Board may request.

2.      Date of Submission: An application shall be considered submitted on the date a complete
application is filed with the Planning Board. A copy of the application shall be given to the Town Clerk by
the applicant upon submission to the Planning Board.

3.       Plan Contents: The project plans shall be clearly and legibly drawn in black India ink upon clear
mylar. The plans shall be at a scale of one inch (1") equals forty feet (40'), or such other scale as the
Planning Board may accept to show details clearly and adequately, and shall include plans and profiles of
each individual street at a scale of one inch (1") equals forty feet (40') horizontal and one inch (1") equals
four feet (4') vertical. All elevations shall refer to the U.S.C. and G. Datum. Sheet sizes shall be twenty-
four by thirty-six inches (24" x 36") including a three quarter inch (3/4") border. All plans shall be
accompanied by a sheet showing the entire permit area boundaries and adjacent streets and dimensions of
the lots and streets and assessor lot numbers. A mylar and two (2) copies of the final approved plan shall be
submitted for signatures in a form appropriate for recording in the Registry of Deeds. One (1) copy shall
be retained by the Planning Board.

a.       A title, appearing in the lower right corner of the plan, showing the name of the project, if any; the
date; scale; the names and addressed of the applicant, designer, engineer and surveyor who made the plan.

b.      North point indicating true or magnetic, benchmark, and boundaries of the project.

c.      Location and ownership of all abutting property owners as shown on the most recent tax list
including all abutting land owned by the applicant not presently under consideration. Sufficient data to
enable the Planning Board to relate the proposed plan to any adjoining land. Such data shall include the


TOWN OF FREETOWN                                                                                   90
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lines of proposed ways and lots and approximate grades, and other details as the Board may reasonably
require beyond the property lines with a minimum of fifty feet (50').

d.       Major features of the land, such as existing waterways, wetlands, swamps, and water bodies,
natural drainage courses, wall fences, buildings, large trees, wooded areas, outcroppings and ditches which
exist on or near the site at the time of survey.

e.        Location of existing buildings, plan of proposed buildings, structures, all existing and proposed
utilities, off-street parking areas including handicap parking, loading areas, driveway openings, driveways,
service areas, other open areas, refuse and other waste disposal areas. The basement and first floor
elevations of all existing buildings adjacent to the property. The basement and first floor elevations, height,
use, and floor area in square feet of all existing and proposed building(s) on the property. The location,
type of surface and type of screening of rubbish collection areas and type of container(s). The Planning
Board requires a stockade or other suitable fence around all dumpster locations. Such fencing shall be no
less than the height of the dumpster provided.

f.     Lines of existing and proposed streets, ways, lots, lot numbers or other designation of each lot,
easements, accesses, fire lanes and public or common areas within the project boundaries. (The proposed
names and numbers of proposed streets and lots shall be shown in pencil.)

g.      Sufficient data to determine the location, direction and length of every street and way line, lot line
and boundary line, and to establish these lines on the ground. This shall include the lengths and bearings
of boundary lines, lot lines including lot frontage on the streets, of the boundary lines of all lot lines
including lot frontage on the streets, the boundary lines of all streets and easements, and the lengths, radii,
tangents, and central angles of all curves in lot lines and street lines. All angle points, or intersections of
tangents along the street lines, shall be shown, areas of lots with lot numbers and the area and frontage on
public ways. All surveying shall conform to the error of closure requirements of the Land Court of the
Commonwealth of Massachusetts.

h.      Location of all permanent monuments properly identified as to whether existing or proposed.

i.     Location, names and present widths of streets or private ways bounding, approaching or within
reasonable proximity of the project, showing both roadway widths and rights-of-way widths.

j.      Indication of all easements, covenants or restrictions applying to the land and their purposes,
whether or not within the project boundaries, including any decision on appeal or any variances or
exceptions made by the Zoning Board of Appeals applicable to the land or any building thereon.

k.      If the property that comprises the project or any part or boundary thereof has been examined,
approved, and confirmed by the Massachusetts Land Court, such information shall be noted on the plan
with case numbers and other pertinent references to Land Court Procedure, and the same requirement shall
apply to any adjoining parcels of land of the applicant.

l.    Suitable space to record the action of the Planning Board and the signatures of the five (5)
members of the Planning Board.

m.      Existing profiles of the exterior lines drawn in fine black line, dotted for left and dashed for right
side, and proposed profile of the finished center-line drawn in bold black solid line of proposed streets at a
horizontal scale of one inch (1") equals forty feet (40'), or such other scales acceptable to the Planning
Board. At least two (2) bench marks are to be shown on plans and profiles, and existing and proposed
grade elevations at every fifty foot (50') station and every twenty-five foot (25') station within vertical


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curves. All existing and proposed intersections, sidewalks and probable location of driveways on lots that
abut intersections, shall be shown with all proposed grade elevations calculated. Gradient shall be shown
by figures expressed in percent.

n.     Existing intermediate, and proposed topography at two feet (2') contour intervals including the one
hundred (100) year flood plain per the Flood Insurance Rate Maps and/or on-site survey.

o.       Size and location of existing and proposed water supply mains and their appurtenances, hydrants,
sewer pipes and their appurtenances and/or sewage disposal systems including estimated water and sewer
usage calculations, storm drains and their appurtenances , and easements pertinent thereto, and dimensions
of gutters, including data on borings and percolation tests made, and method of carrying water to the
nearest watercourse or easements for drainage as needed, whether or not within the project boundaries.
Plans and profiles required for all drainage and sewer systems proposed.

If surface water drains will discharge onto adjacent existing streets or onto adjacent properties not owned
by the applicant, he shall clearly indicate what course the discharge shall take, and shall present to the
Board evidence from the Highway Surveyor, the Engineer to the Board or the owner of adjacent property
that such discharge is satisfactory and permitted by public or private ownership of adjacent street or
property.

p.       Drainage design. Approval of a special permit may be denied until the Planning Board is assured
that either the proposed project will not result in significant increases in the rate and volume of stormwater
runoff over natural or existing conditions or that adequate provisions will be taken to maintain the volume
and rate of runoff at its existing level. The objective of this regulation is to maintain the integrity of natural
drainage patterns in order to provide adequate stormwater drainage, prevent flooding and avoid alteration
of existing stream channels.

        1.       A drainage plan shall be prepared by a Registered Professional Engineer
                 showing existing and proposed streets, lots, two foot (2') contours, and
                 other pertinent data; the drainage limits and acreage of the area tributary
                 to each storm water inlet and culvert; location and type of inlets proposed;
                 and location, size, length, invert elevations slope of proposed drains and
                 culverts, structural details of inlets, manholes, pipe, headwalls, and all
                 other drainage structures required to complete the plan shall be attached.
                 (The grading plan may be used provided that it includes all the information
                 required here.)

        2.       Standards for drainage design shall be the same as those required for any
                 subdivision.

q.      Availability of public sewer service, access to trunk lines, capacity of the trunk lines and available
increase of flow. Also profiles showing rates of grade of sewer, proposed sewers to be designed and
constructed at such slopes as to prevent deposition of solids and to avoid scouring velocity. See
Subdivision Rules and Regulations for design standards.

r.       Location and species of proposed street trees and location of trees to be retained will be determined
in the field by the Highway Surveyor. On the south and west side of streets, deciduous trees only may be
planted.

s.     Cross sections typical of each street, roadway and sidewalk to be constructed as per the
Subdivision Rules and Regulations. Parking lots to be one and one half inch (1 1/2") Type I-1 top


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bituminous concrete over two and one half inch (2 1/2") Type I-1 binder bituminous concrete over twelve
inches (12") of bank run gravel conforming to Massachusetts Highway Spec. M1.03.0 Type b over a
suitable sub-base.

t.      In tabular form as follows for each sheet of the project plan as submitted.
        1.      The total area of the project.
        2.      The total area of lots included on each sheet.
        3.      The total of areas dedicated for street purposes, drainage, sewer or utility
                easements on each sheet.
        4.      The total of areas reserved for parks, schools, and other public use.

u.      Noted on the plan in a conspicuous place that "The Contractor shall give seven (7) days notice
        to pertinent Town Departments before commencing work in the field."

v.      A locus map at one inch (1") equals two thousand feet (2000') scale.

w.       Zoning classification of the property and the location of the zoning district lines if the property
lies in one or more zoning classifications, or abuts a different zoning district.
         The required existing and proposed zoning requirements (areas, setbacks, etc.) including
         parking regulations will be shown in tabular form.

x.      The required buffer zones existing and proposed as determined by the Board.

y.      Site design must be in complete conformance with the Americans with Disabilities Act and
        the Massachusetts Access Board.


4.      Off-Street Parking and Loading Regulations

a.      OFF-STREET PARKING AND LOADING REQUIREMENTS

In any district, if a special permit is required, parking and loading spaces shall be provided in accordance
with the Table of Off-Street Parking Regulations and the Table of Off-Street Loading Regulations. An
existing structure which is enlarged or an existing use which is extended that requires a Special Permit
after the effective date of this regulation shall be required to provide parking and loading spaces in
accordance with the following tables for the entire structure or use.

b.      EXISTING SPACES

Parking or loading spaces being maintained in any district in connection with any existing special
permitted use on the effective date of this regulations shall not be decreased so long as said use remains,
unless a number of parking or loading spaces is constructed elsewhere such that the total number of spaces
conforms to the requirements of the tables of this Section provided; this regulation shall not require the
maintenance of more parking or loading spaces than is required according to the tables.

c.      COMPUTATION OF SPACES

When the computation of required parking or loading spaces results in the requirement of a fractional
space, any fraction over one-half (1/2) shall require one space.

d.      COMBINED FACILITIES


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Parking required for two or more buildings or uses may be provided in combined facilities on the same or
adjacent lots, subject to approval by the Building Inspector, where it is evident that such facilities will
continue to be available for the several buildings and/or uses.


e.      LOCATION OF PARKING SPACES

Required off-street parking spaces shall be provided on the same lot as the principal use they are required
to serve or when practical difficulties as determined by the Board to prevent their establishment upon the
same lot, they shall be established no further than two hundred feet (200') from the premises to which they
are appurtenant.

        TABLE OF OFF-STREET PARKING REGULATIONS

USES                                              NUMBER OF PARKING
                                                  SPACES PER UNIT


1.      Single and two-family dwellingsTwo for each dwelling unit.
        and Multi-Family

2.      Lodging House                             One for each lodging unit.

3.      Theater, restaurant, auditorium,           One for each three seats of
        church or similar place of public total seating capacity.
        assembly with seating facilities.

4.      New and used car sales and                One per 1,000 square feet of
        automotive service establishment          gross floor space. In the case of
        and other retail and service              outdoor display areas, one for
        establishment utilizing extensive         each 1,000 square feet of lot
        display areas, either indoor or           area in such use.
        which are unusually extensive in
        relation to customer traffic.

5.      Other retail, service, finance,           One per each 300 square feet of
        insurance, or real estate                 gross floor space.
        establishment.

6.      Hotel, motel, tourist court               One for each sleeping room plus one
                                                  for each four seats of total seating
                                                  capacity of the combined public
                                                  meeting room and restaurant space.


USES                                              NUMBER OF PARKING
                                                  SPACES PER UNIT


7.      Wholesale establishment,                  One per each 1,000 square feet of


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        warehouse or storage establishment      gross floor space.

8.      Manufacturing or industrial             One per each 600 square feet of gross
        establishment                           floor space or 0.75 per each employee of
                                                the combined employment of the two largest successive
                                                shifts, whichever is larger.

9.      Hospital                                Two per bed at design capacity.

10.     Nursing Home                            One per bed at design capacity.

11.     Business, trade or industrial           One for each 200 square feet of gross
        school or college                       floor area in classrooms.

12.     Other School                            Two per classroom in an elementary
                                                and junior high school; four per classroom
                                                in a senior high school, plus space for
                                                auditorium or gymnasium, whichever has
                                                the larger capacity.

13.     Community facility (Town                One per each 400 square feet gross floor space.
        building, recreation, etc.)

14.     Dormitory, fraternity, sorority,        One for each sleeping room.
        YMCA or similar use.

15.     Public Utility                          One for each 400 square feet of gross floor
                                                are devoted to office use. One for each
                                                800 square feet of gross floor area per other use.

16.     Public Transportation terminal          One for each 10 square feet of gross
        establishment (including platform)      floor area, or one for every two forecasted riders twenty
                                                (20) years from the initial proposal whichever is greater.

17.     Mixed Use                               Sum of various uses computed separately.

18.     Any use permitted by this regulation    Closest similar use as shall be determined
        not interpreted to be covered by        by the Special Permit Granting Authority.
        this schedule.


f.      MINIMUM OFF-STREET LOADING AND UNLOADING REQUIREMENTS
For every building hereafter erected for Retail and Service: wholesale, Transportation and Industrial, and
Community Facility use as specified in the Table of Use Regulations as needing a Special Permit the Table
of Off-Street Loading Regulations shall apply.




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                TABLE OF OFF-STREET LOADING REGULATIONS

USE                                              NUMBER OF LOADING
                                                 SPACES PER UNIT

Retail trade, manufacturing and                  One per 20,000 square feet or fraction
hospital establishment with over                 thereof of gross floor area up to two spaces;
5,000 square feet of floor area                  one additional space for each 60,000 square
                                                 feet or fraction thereof of gross floor area over
                                                  40,000 square feet; space used for ambulance
                                                 receiving at a hospital is not to be used to meet
                                                 these loading requirements.

Business services, other services,               One per 75,000 square feet or fraction
community facility (school, church,              thereof of gross floor area up to two spaces;
town building, recreation, etc.) or              one additional space for each 200,000
public utility establishment with over           square feet or fraction thereof of gross floor
5,000 square feet of gross floor area.           area over 150,000 square feet.

g.      LOCATION OF LOADING SPACES

The Loading spaces required for the uses listed in the Table of Off-Street Loading Requirements shall, in
all cases, be on the same lot as the use they are intended to serve. In no case shall the required loading
spaces be part of the area used to satisfy the parking requirements of this regulation.

h.      PARKING AND LOADING SPACE STANDARDS

All parking and loading areas containing over five spaces, including automotive and drive-in
establishments of all types, shall be either contained within structures, or subject to the following:
         1.     The area shall be effectively screened with suitable plantings or fencing on each side
                which adjoins or faces the side or rear lot line of a lot situated in any "R" District.
         2.     The area and access driveways thereto shall be surfaced with bituminous or
                cement concrete material and shall be graded and drained so as to dispose of all
                surface water accumulation in accordance with acceptable engineering practices.
                The location of spaces shall be suitably marked by painted lines or other
                appropriate markings.
         3.     A substantial bumper of masonry, steel or heavy timber, or a concrete curb or berm curb
                which is backed shall be placed at the edge of surfaced areas except driveways in order to
                protect abutting structures, properties, sidewalks and screening materials.
         4.     Any fixture used to illuminate any area shall be so arranged as to direct the light away
                from the street and away from adjoining premises used for residential purposes.
         5.     There shall not be any vehicle repair for profit or gasoline or oil service facilities or any
                repair made to any motor vehicles, except on a lot occupied by a permitted automotive use.
                Any gasoline or oil facilities shall be at least 25 feet from any lot line.
         6.     There shall not be any storage of materials or equipment or display of merchandise within
                required parking area except as part of approved building operations.
         7.     Parking spaces shall not be located within 15 feet of any lot line in any District.
         8.     Parking and loading spaces shall be so arranged as not to permit backing of automobiles
                onto any street.
         9.     Any portion of any entrance or exit driveway shall not be closer than 50 feet to the curb
                line of an intersecting street.


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        10.     Any two driveways leading to or from a street to or from a single lot shall not be within 30
                feet of each other at their intersections with the front lot line for an interior lot and 40 feet
                for a corner lot.
        11.     Any entrance or exit driveway shall not exceed 24 feet in width at its intersection with the
                front lot line except for automotive service stations and fire stations, in which cases the
                widths may be increased to 40 feet.
        12.     An open air parking space shall be at least 5 feet from any building 15 feet from any lot
                line.
        13.     All off-street parking and loading spaces, access ways and maneuvering area shall be laid
                out so as to provide for adequate drainage, snow removal, maneuverability and curb cuts.
                A minimum 24 foot aisle width for two lanes is required. Access drives connecting
                parking areas with the street shall be clearly delineated by the use of curbing; directional
                signs (if applicable), landscaping or other means and shall be located in a manner which
                provides motorists with an unobstructed view of approaching traffic.
        14.     There shall be no paving within fifteen feet (15’) feet of any lot line or five (5) feet of any
                building line, except that paved access ways shall be permitted, and that such access ways
                shall be generally perpendicular to any lot line. Paving to any building line shall be
                permitted for off-street loading docks or doors.
        15.     The layout of the parking area shall allow sufficient space for the storage of plowed snow
                unless removal by some other means is assured.
        16.     Parking spaces shall be eighteen feet (18') in length and nine feet (9') wide.

i.      HANDICAP ACCESSIBILITY

All parking and loading areas shall conform to the most current Americans with Disabilities Act and
Massachusetts Architectural Access Board Rules and Regulations.


5.      BUFFER ZONES

        a. A fifteen foot (15’) landscaped buffer zone shall be provided along the front lot line and not
           less than the following along a side or rear lot line;
USE                                              DEPTH OF REQUIRED SIDE
                                                 AND/OR REAR LOT LINE BUFFER

        Multi- Family                                                        20’
        Business use in a “R”, “B”, and “G” district                         40’
        Business use in an “I” district                                      25’
        Industrial use                                                       40’

 For all special permits adequate screening will be provided in the side and rear landscaped buffer zones
per the satisfaction of the Special Permit Granting Authority.

        b. Earth berms, landscaping or screening shall be provided to control noise and dust, to prevent
           soil erosion, to provide shade, to screen from public view areas for waste disposal or outdoor
           storage, and to protect the visual character and natural resources of the town. Earth berms
           where used should vary in width and height throughout their length in order to achieve
           topographical relief and to appear to occur naturally.
        c. All land located between the street line and parking areas as required by this regulation shall
           be provided with attractive and durable landscaped areas consisting of natural vegetation,
           shrubs, mulches, evergreens and such other vegetation. Such landscaped areas shall be located


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43D Permitting Guidebook
           in a manner which provides unobstructed lines of sight for vehicles entering and exiting the
           premises.
        d. All outdoor areas used for the storage of wastes, salvage materials, unregistered or disabled
           motor vehicles, construction equipment or bulk materials, not for sale, shall be screened in a
           manner which restricts the view of such areas from public streets and adjacent properties.
           Such screening shall consist of durable evergreen vegetation or solid fencing of a type suitable
           to the area as determined by the Special Permit Granting Authority.
        e. Parking areas will be subdivided by medians containing trees and of the landscaping material.
           One ten foot (10') wide median will be required for every two (2) bays of parking.
        f. All plant material is to be at least five (5) years old.

6.      SIGNS

If a Special Permit is required except as shall be exempt under the jurisdiction of the State Billboard Act
Chapter 584, Section 4, of the Acts of 1955, and as amended,) and except for signs of less than two square
feet (2’) in surface area identifying occupancy of a residence, no signs shall be attached, erected or
otherwise installed on any property without first obtaining permission granted only in accordance with the
following regulations:

        a. Every sign shall have good scale and proportion in its design and in its visual relationship to
           buildings and surroundings.
        b. Every sign shall be designed as an integral architectural element of the building and site to
           which it principally relates.
        c. The colors, materials, and lighting of every sign shall be restrained and harmonious with the
           building and site to which it principally relates.
        d. The number of graphic elements on a sign shall be held to the minimum needed to convey the
           sign’s major message and shall be composed in proportion to the area of the sign face.
        e. Each sign shall be compatible with signs on adjoining premises and shall not compete for
           attention.
        f. Identification signs of a prototype design and corporation logos shall conform to the criteria
           for all other signs.

                SECTION III. PUBLIC HEARING

A.      NOTICE

A public hearing on the Special Permit application shall be held within sixty-five (65) days after the
application is submitted. Notice of the hearing shall include:
    1. The name of the applicant;
    2. a description of the area or premises including street address, if any, or other adequate
        identification of the location:
    3. the date, time, and place of the hearing;
    4. the subject matter of the hearing;
    5. the nature of the action requested.

No hearing shall be held on an election, primary or caucus in the Town of Freetown. Notice of such
hearing shall be given by publication in a newspaper of general circulation in the Town of Freetown once
in each of two (2) successive weeks, the first publication being not less than fourteen (14) days before the
day of the hearing, and by posting such notice in a conspicuous place in the Town Hall for a period of not
less than fourteen (14) days before the hearing. Notice shall be sent by mail, by the petitioner, postage
prepaid, to the abutters, owners of land directly opposite on any public or private street or way, and


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abutters within three-hundred (300’) feet of the property line of the petitioner, and the planning board of
every abutting city or town. Proof of notification will be given to the Board at the time of the public
hearing.

B.       REPRESENTATION AT HEARING

An applicant, or a party in interest, may appear in his own behalf or may be represented by an authorized
agent or attorney (by notarized document). In the absence of an appearance on behalf of an applicant,
without cause, the Planning Board may deny an application or decide on the basis of available information
otherwise received.

                 SECTION IV. DISPOSITION OF APPLICATION

A.       REFERRAL TO OTHER AGENCIES

Copies of the application, together with such information as the Board deems appropriate, shall be
submitted by the Planning Board for review and recommendations to the Board of Health, the Building
Inspector, the Highway Surveyor, the Chiefs of the Police and Fire Departments, the Conservation
Commission, the Town Planner and to such other municipal Boards and Officials as the Board determines
within fourteen (14) days of the filing of the application. Failure of any such Board, agency or official to
make recommendations within thirty-five (35) days of receipt of such notice shall be deemed lack of
opposition.

B.       APPROVAL

     1. Time Limit.       Applications for Special Permits shall be approved or disapproved within ninety
        (90) days after the closing date of the public hearing. If the Planning Board fails to take final
        action within said time period, the Special Permit shall be deemed granted. The Planning Board's
        failure to act does not release the applicant from meeting the requirements of the Special Permit
        regulation. The ninety (90) day time limit may be extended by the Planning Board upon written
        request of the applicant.

     2. Voting. The affirmative vote of at least four (4) members of the Board shall be required to
        authorize a Special Permit. The record shall show the vote of each member or indicate if absent or
        failing to vote. The Board shall state clearly the reasons for the action, and shall make specific
        findings required by Chapter 40A of the Massachusetts General Laws and by any other specific
        local by-laws including:
        1. that the use is in harmony with the general purpose and intent of the specific local by-law;
        2. that the use complies with the provision set forth in the local specific bylaw;
        3. In considering an application under this Section, the Board shall assure, to a degree consistent
                 with a reasonable use of the site for the purposes permitted or permissible by the
                 regulations of the district in which located:
                 a.       Protection of adjoining premises against detrimental and/or offensive uses on the
                          site.
                 b.       Convenience and safety to vehicular and pedestrian movement within the site, and
                          in relation to adjacent streets, property, and improvements.
                 c.       Adequacy of the methods of disposal for sewage, refuse and other wastes resulting
                          from the uses permitted or permissible on the site, and the methods of drainage
                          control.




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43D Permitting Guidebook
                d.       Adequacy of space for the off-street loading and unloading of vehicles, goods,
                         products, materials, and equipment incidental to the normal operation of the
                         establishment.
                e.       Adequacy of lighting such that all lighting and other sources of illumination,
                         whether interior or exterior, and all intense light emanating from operations, or
                         equipment shall be shielded from direct view at normal eye level from adjacent
                         properties.
                f.       All signage is not offensive or detrimental to the adjoining perimeter and is
                         keeping with the character of the neighborhood.


C.      WITHDRAWAL OF APPLICATION

An application may be withdrawn without prejudice by an applicant by notice in writing to the Clerk of the
Board at any time prior to the first publication of the notice of the public hearing. After such public notice
withdrawal of an application shall be permitted only by majority vote of the Board. Such a vote shall not
constitute unfavorable action. No expenditures by the Board in relation to the application (advertising,
etc.) will be returned to the applicant.

D.      RECONSIDERATION

No vote of an application may be reconsidered after the meeting has adjourned.

E.      CERTIFICATION

The Planning Board shall file a copy of its decision with the Town Clerk. It shall retain a copy of the
decision in its own files. A certified copy of the decision shall be mailed to the applicant and owner if
other than the applicant.

The Special Permit decision shall contain:

        1.      name of the owner;
        2.      an identification of the land affected;
        3.      a description of how the Special Permit complies with the statutory
                requirements for issuing the special permit and related findings;
        4.      certification that copies of the decision have been filed with the Planning
                Board and the Town Clerk;
        5.      specification that appeals, if any, shall be made pursuant to
                Massachusetts General Laws Chapter 40A, Section 17 and shall
                be filed within 20 days after the date of filing the decision with the
                Town Clerk.

F.      APPEALS

Any person aggrieved by a decision of the Board as Special Permit Granting Authority may appeal such
decision as provided in Massachusetts General Laws Chapter 40A Section 17 within twenty (20) days after
such decision has been filed in the office of the Town Clerk.

G.      RE-APPLICATION




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No application which has been unfavorably and finally acted upon by the Board shall be reconsidered for a
Special Permit within two (2) years after the date of the said final unfavorable action unless the Board
finds by vote of four (4) members, specific and material changes in the conditions upon which the previous
unfavorable action was based and such changes are described in the record of the Board's proceedings, and
after notice is given to parties in interest of the time and place of the proceedings to reconsider in the same
manner as provided for in Section III of these Rules and Regulations.

H.      LAPSE OF SPECIAL PERMIT

No Special Permit shall be authorized by the Board without the express condition that it will lapse if
substantial use under the permit is not commenced within two (2) years from the date of final action by the
Board except for good cause or the final determination of an appeal.

I.      EFFECTIVE DATE OF SPECIAL PERMIT

No Special Permit shall take effect until a copy of the decision, bearing the certification of the Town Clerk
that twenty (20) days have elapsed after the filing of the decision and no appeal has been filed, is recorded
in the Registry of Deeds and indexed under the name of the record owner of the land.

        SECTION V. OTHER PROVISIONS

A.      PERFORMANCE GUARANTEE

As a condition to a Special Permit, the applicant may be required by the Planning Board to post a bond or
provide other safeguards in the form and amount or penal sum acceptable to the Board prior to the
expiration of the twenty (20) day appeal period unless the Board shall specify otherwise.

B.      SEVERABILITY OF PROVISIONS

The provisions of these Rules and Regulations are severable. If any provision of these Rules and
Regulations is held invalid, the other provisions shall not be affected thereby. If the application of these
Rules and Regulations, or any of its provisions to any person or circumstances is held invalid the
application of these Rules and Regulations and their provisions to other persons and circumstances shall
not be affected thereby.

C.      WAIVER OF FULL COMPLIANCE

Full compliance with these regulations may be waived by the Board provided such waivers are deemed to
serve the public interest and does not conflict with Chapter 40A of the Massachusetts General Laws or the
provisions of this regulation. The applicant must submit a request in writing for all waivers at the time of
the initial submittal (11 copies).




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                                 PLANNING BOARD
                        TOWN OF FREETOWN, MASSACHUSETTS

                                   FORM SP
                   APPLICATION FOR SPECIAL PERMIT APPROVAL

                                    Checklist for Applicants:

The following must be included with all applications for special permit approval:

_____ 1) Three copies of this form, a copy of the deed to the property, and if the application is
submitted by anyone other than the owner, a letter signed in the presence of a notary public
authorizing the applicant to act on their behalf.

_____ 2) 12 copies of the plan prepared in accordance with the Town of Freetown Subdivision
Rules and Regulations. All plan copies must be folded.

______3) An application fee according to the fee schedule payable to the Town of Freetown.
Applicant shall also be responsible for costs associated with advertising and certified mailing of
public hearing notices.

______4) An electronic file of the plan on a CD.

______ 5) A Municipal Lien Certificate

______ 6) A certified abutters list from the Board of Assessors.

______ 7) Engineering Review deposit

To the Town Clerk of the Town of Freetown Massachusetts:

       The undersigned hereby submits the accompanying Special Permit Application and
supporting documents for Special Permit Approval under the Rules and Regulations of the
Planning Board adopted thereunder.

1. Applicant: __________________________________________ Tel:__________________

Address: __________________________________________________________________

2. Attorney:____________________________________________Tel:__________________
Address: __________________________________________________________________



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43D Permitting Guidebook
3. Owner:_____________________________________________Tel:___________________

Address: __________________________________________________________________

4. Designer:____________________________________________Tel:__________________

Address: __________________________________________________________________

5. Plan Entitled: ______________________________________________________________

6. Plan Dated: _______________________________________________________________

7. Project Location: ____________________________________________________________

Address: ___________________________________________________________________

8. Assessor Map/Parcel No.___________________ Zoning District: ____________________

9. Lot Area: _________________________ Number of Lots Proposed: ___________________

  Total Acreage of Tract ___________________

10. Total Square Footage Proposed: ______________________ Existing: __________________

11. Total Amount of Parking Spaces: _____________ Regular Spaces: _____________________

    Handicapped Parking Spaces: ________________

12. Brief Description of Project (use additional pages as added)
    __________________________________________________________________________

   __________________________________________________________________________

13. Deed of Property Recorded in ______________ Registry of Deeds in Plan Book _________
       Page _________Date Acquired______________.

14. Estimated Cost of Construction: ________________ Type: ___________new
                                                          ___________ reconstruction
                                                          ___________ alteration
15. Application Fee – based on fee schedule: _________________

Signature of Applicant __________________________________________

Signature of Owner   ___________________________________________

Date Received by Town Clerk:                   Date Transmitted by Town Clerk:
___________________________                    ___________________________


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To: Board of Health, Conservation Commission, Town Planner, Building Inspector, Highway Department,
Fire Department, and Police Department.

According to the Special Permit Regulations in the Town of Freetown Protective By-Laws, you have the
option to examine and to make recommendations on this plan and to submit your report to the Planning
Board office on or before ____________________________________ (35 days from date of transmittal
by the Town Clerk).

Recommendations may be indicated directly on the attached plan or on separate cover.

The property owner of record should be present when submitting plans for the Planning Board’s
consideration. If the owner is not present, he or she shall be represented by an authorized agent with a
notarized letter of authorization. Such plan believed not to require approval must be prepared and
endorsed by a Professional Land Surveyor, licensed in the Commonwealth of Massachusetts.

Owner’s signature and address if not the applicant or applicant’s authorization if not the owner

___________________________________               ___________________________________________
Owner’s Signature                                       Owner’s Address

___________________________________               ___________________________________________
Owner’s Printed Name                                    Owner’s Phone Number

___________________________________               ___________________________________________
Applicant’s Signature                                   Applicant’s Address

___________________________________               ___________________________________________
Applicant’s Printed Name                                Applicant’s Phone Number

__________________________________________
Applicant’s E-Mail Address

COMMONWEALTH OF MASSACHUSETTS

_______________,SS                                        ___________________, 200

On this ___________ day of ___________, 200 , before me, the undersigned Notary Public, personally

appeared ___________________________________________________________________________and

proved to me through satisfactory evidence of identification, which is
______________________________, to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that they signed it voluntarily for its stated purpose.

                                                                  ____________________________
                                                                  Notary Public
                                                                  My Commission Expires:




TOWN OF FREETOWN                                                                               104
43D Permitting Guidebook
                                   PLANNING BOARD
                          TOWN OF FREETOWN, MASSACHUSETTS

                                 FORM SP
                 APPLICATION FOR SPECIAL PERMIT APPROVAL
                          ARTICLE 11 SECTION 18 F.
     EXPANSION, ALTERATION OR CHANGE OF USE OF NON-CONFORMING USES
             OTHER THAN ONE OR TWO FAMILY RESIDENTIAL USES

                                        Checklist for Applicants:

The following must be included with all applications for special permit approval:

_____ 1) 5 copies of the plan prepared in accordance with the Town of Freetown Subdivision Rules and
Regulations. All plan copies must be folded.

______2) An application fee according to the fee schedule payable to the Town of Freetown. Applicant
shall also be responsible for costs associated with advertising and certified mailing of public hearing
notices.

______ 3) A certified abutters list from the Board of Assessors.


To the Town Clerk of the Town of Freetown Massachusetts:

        The undersigned hereby submits the accompanying Special Permit Application and supporting
documents for Special Permit Approval for the expansion, alteration or change of use of non-conforming
uses other than one or two family residential uses as required under the Town of Freetown Protective By-
laws, Article 11 Section 18F and under the Rules and Regulations of the Planning Board adopted thereto.

1.      Applicant: __________________________________________ Tel:__________________

        Address:__________________________________________________________________

2.      Attorney: ____________________________________________Tel:__________________

        Address: __________________________________________________________________

3.      Owner: _____________________________________________Tel:___________________

        Address: __________________________________________________________________

4.      Designer: ____________________________________________Tel:__________________

        Address: __________________________________________________________________


TOWN OF FREETOWN                                                                             105
43D Permitting Guidebook
5.     Plan Entitled: ______________________________________________________________

6.     Plan Dated: _______________________________________________________________

7.     Project Location: ____________________________________________________________

       Address:___________________________________________________________________

8.     Assessor Map/Parcel No.___________________ Zoning District: ____________________

9.     Lot Area: _________________________ Number of Lots Proposed: ___________________

       Total Acreage of Tract ___________________

10.    Total Square Footage of Proposed Structure: ______________________

       Square Footage of Existing Structures: __________________

11.    Total Amount of Parking Spaces: _____________ Regular Spaces: _____________________

       Handicapped Parking Spaces: ________________

12.    Setbacks of Existing Structures:
              Setback From Front Property Line: ________________________________
              Setback From Rear Property Line: _________________________________
              Setback From Side Property Line: _________________________________

12.    Brief Description of Project (use additional pages as added)

       __________________________________________________________________________

       __________________________________________________________________________

13.    Deed of Property Recorded in ______________ Registry of Deeds in Plan Book _________
       Page _________Date Acquired______________.


14.    Estimated Cost of Construction: ________________ Type: ___________new
                                                             ___________ reconstruction
                                                             ___________ alteration

11.    Application Fee – based on fee schedule: _________________
                                                            RECEIVED BY TOWN CLERK
Signature of Applicant __________________________________________

Signature of Owner                                         DATE:____________________________
                     ___________________________________________

                                                                      TIME:____________________________

                                                                      SIGNATURE_____________________


TOWN OF FREETOWN                                                                         106
43D Permitting Guidebook
Date Received by Town Clerk:                              Date Transmitted by Town Clerk:
___________________________                               ___________________________


The property owner of record should be present when submitting plans for the Planning Board’s
consideration. If the owner is not present, he or she shall be represented by an authorized agent with a
notarized letter of authorization. Such plan believed not to require approval must be prepared and
endorsed by a Professional Land Surveyor, licensed in the Commonwealth of Massachusetts.

Owner’s signature and address if not the applicant or applicant’s authorization if not the owner

________________________________________ ___________________________________________
Owner’s Signature                            Owner’s Address

________________________________________ ___________________________________________
Owner’s Printed Name                         Owner’s Phone Number

________________________________________ ___________________________________________
Applicant’s Signature                        Applicant’s Address

________________________________________ ___________________________________________
Applicant’s Printed Name                     Applicant’s Phone Number

__________________________________________
Applicant’s E-Mail Address



COMMONWEALTH OF MASSACHUSETTS

_______________,SS                                        ___________________, 200

On this ___________ day of ___________, 200 , before me, the undersigned Notary Public, personally

appeared ___________________________________________________________________________and

proved to me through satisfactory evidence of identification, which
is______________________________, to be the person whose name is signed on the preceding or
attached document, and acknowledged to me that they signed it voluntarily for its stated purpose.

                                                                  ____________________________
                                                                  Notary Public
                                                                  My Commission Expires:




TOWN OF FREETOWN                                                                               107
43D Permitting Guidebook
Form A, Application for Endorsement of Plan Believed Not to Require Approval (ANR)
http://town.freetown.ma.us/forms/plan_frmFORMA.doc

Form B, Application for Approval of Preliminary Plan
http://town.freetown.ma.us/forms/plan_frmFORMB.DOC

Form C, Application for Approval of Definitive Plan
http://town.freetown.ma.us/forms/plan_frmFORMC.doc

Designer’s Certificate
http://town.freetown.ma.us/forms/plan_frmFORMD.doc

Certified List of Abutters
http://town.freetown.ma.us/forms/plan_frmFORME.doc

Rules and Regulations of the Planning Board governing Subdivision of Land
http://town.freetown.ma.us/forms/plan_rulesregs.pdf




TOWN OF FREETOWN                                                               108
43D Permitting Guidebook

								
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