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Everett, MA Building Safety: Childcare Center Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Uses covered
Day Care Centers and school age child care programs
Where it applies
Lower Broadway Economic Development District, Section 30
Qualification
Satisfy the Building Commissioner the use is exempt under G.L. c. 40A, §3
Departmental reports due
Within sixty (60) days of filing
Hearing notice
Abutters within three hundred (300) feet
Decision deadline
Filed with City Clerk within 120 days of receipt
Marijuana dispensary buffer
1,000 feet from any licensed child care facility

Summary

In the City of Everett, Massachusetts, Section 30 of the Zoning Ordinance puts Day Care Centers and school age child care programs in the Lower Broadway Economic Development District through a modified Site Plan Review. The applicant must satisfy the Building Commissioner that the use is exempt under G.L. c. 40A, §3, and the plan is judged on site layout, traffic safety, parking and access.

i. Applicability.Religious and educational uses, Day Care Centers, and school age child care programs, which are partially excepted from local zoning regulation by G.L. c. 40A, §3, shall be subject to a modified Site Plan Review process. ii. Demonstration of Qualification.In order to qualify for these modified Site Plan Review standards, an applicant must satisfy the Building Commissioner that the use is exempt under G.L. c. 40A, §3. ... i. Review Standards for Religious, Educational and Child Care Uses.The Approving Authority may impose reasonable conditions, at the expense of the Applicant, ... ii. ... Physical layout of the plan as it relates to convenience and safety of vehicular and pedestrian movement within the site, the location of driveway openings in relation to traffic or to adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly; and iii. Adequacy of the arrangement of parking and loading spaces and safety of proposed access and egress in relation to the proposed uses of the premises.

Full Breakdown

Everett, Middlesex County, Massachusetts handles child care facilities in the Lower Broadway Economic Development District (LBEDD) under Section 30 of its Zoning Ordinance, subsection J.3.c. This page covers the City of Everett in Massachusetts, not Everett, Washington. The subsection applies a modified Site Plan Review to religious and educational uses, Day Care Centers, and school age child care programs, which G.L. c. 40A, §3 partially excepts from local zoning regulation. To qualify for the modified standards, an applicant must satisfy the Building Commissioner that the use is exempt under G.L. c. 40A, §3. The Approving Authority then reviews the plan against the specific criteria printed for these uses.

Those criteria are safety-driven. The Approving Authority can impose reasonable conditions, at the expense of the Applicant, and it considers the relationship of the bulk and height of structures and the adequacy of open spaces to the natural landscape, existing buildings and other community assets, including building coverage requirements, yard sizes, lot areas and setbacks. It also considers the physical layout of the plan as it relates to convenience and safety of vehicular and pedestrian movement within the site, the location of driveway openings in relation to traffic or adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly. Finally it weighs the arrangement of parking and loading spaces and the safety of proposed access and egress.

Section 30.J.3 prints the general Site Plan Review procedure around those standards. The application is filed with the City Clerk, who certifies the filing date on a copy sent to the Approving Authority. Other city departments receive the application and must report within sixty (60) days of filing. Within thirty (30) days of filing the Approving Authority or its designee evaluates completeness. A public hearing follows with notice to abutters within three hundred (300) feet of the project locus. The Approving Authority approves, approves with conditions, or denies by majority vote and files its decision with the City Clerk within 120 days of receipt of the application. Conditions can include an operations and maintenance plan for traveled ways, drainage facilities, adjacent sidewalks and common open space.

Child care also drives siting elsewhere in the Zoning Ordinance: Section 31 bars a registered medical marijuana dispensary within 1,000 feet of any licensed child care facility.

Violations & Fines

Section 30.J.3.c prints no fine or penalty. The enforcement lever is the approval itself: the Approving Authority can approve, approve with conditions, or deny, and can attach reasonable conditions at the applicant's expense. A day care operator who cannot satisfy the Building Commissioner that the use is exempt under G.L. c. 40A, §3 does not qualify for the modified review standards.

Frequently Asked Questions

What review does a day care center face in Everett, Massachusetts?
In the Lower Broadway Economic Development District, Section 30.J.3.c subjects Day Care Centers and school age child care programs to a modified Site Plan Review. The applicant must first satisfy the Building Commissioner that the use is exempt under G.L. c. 40A, §3, and the Approving Authority then reviews the plan against the printed criteria.
What safety points does the Everett Approving Authority look at?
It considers the convenience and safety of vehicular and pedestrian movement within the site, the location of driveway openings in relation to traffic or adjacent streets, compliance with other regulations for the handicapped, minors and the elderly when necessary, and the safety of proposed access and egress and the arrangement of parking and loading spaces.
How long does an Everett site plan decision take?
Section 30.J.3.g requires the Approving Authority to file its decision with the City Clerk within 120 days of the receipt of the site plan application by the City Clerk. Other city departments must report within sixty (60) days of filing, and a completeness evaluation is due within thirty (30) days of filing.
Who gets notice of the hearing?
Section 30.J.3.f requires the Approving Authority to hold a public hearing with notice to abutters within three hundred (300) feet of the project locus. The application itself is filed with the City Clerk, and the written decision must state the applicant's name and address, the land affected and its ownership.
Does Everett restrict marijuana dispensaries near child care facilities?
Yes. Section 31.C.8.h says no registered marijuana dispensary shall be located within 1,000 feet of any licensed child care facility, measured in a straight line from the nearest point of the property line of the child care use to the nearest point of the property line of the facility.

Sources & Official References

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