Town of Harvard, MA Article V Special Permits

§ 133-21 Governing laws; purpose of specific developments.

A. Special permits are governed by MGL Chapter 40A, Sections 9 and 11, and the Harvard Protective Bylaw, § 125-46.

B. Special permits by the Planning Board are required for the division of land using Type 2 lot (hammerhead), Type 4 lot (backland), a mini-subdivision, a Type 5 lot that has a driveway greater than 300 feet (for use in mini-subdivisions) lots, major buildings (nonresidential buildings over 150 feet in length or greater than 10,000 square feet of gross floor area), wireless communications towers, golf courses, commercial development, Open Space and Conservation - Planned Residential Developments, and Ayer Road Village developments.

C. The purpose of the Open Space and Conservation — Planned Residential Development provision is to permit high-quality residential development that preserves open space, water resources, wetlands, habitat, prime agricultural land, scenic landscapes and natural features, reduces infrastructure and site development cost, and promotes diversity of housing opportunities within the Town, while respecting and enhancing neighborhoods, and promoting attractive standards of appearance and aesthetics consistent with Town character.

D. The purpose of the Ayer Road Village special permit is to provide an opportunity to present viable alternatives to conventional commercial sprawl-type development and encourage the merging of smaller parcels into well-planned sites to meet the objectives described in Chapter 125, § 125-52 of the Bylaw. In order to promote these objectives, the Board may more flexibly apply dimensional regulations and site standards as set forth in Chapter 125, § 125-52B through H, of the Bylaw.

§ 133-22 Submission and processing.

A. A complete application for a special permit shall be submitted on the appropriate application form. This form is available at the office of the Board or on the Town of Harvard website (www.harvard-ma.gov). In the case where the applicant is a person other than the record owner of the property, the applicant shall be required to submit as part of the application written certification executed by the record owner of the property that the application is submitted with the knowledge and consent of the record owner.

B. All information required by the application form as part of an application for a special permit shall be furnished by the applicant in the manner prescribed in this chapter and by such form unless a waiver is requested and granted by the Board. Any petition for a special permit shall include a site plan prepared by a registered engineer and land surveyor drawn at a scale of one inch equals 40 feet or such other as the Board may require to show details clearly and adequately. The site plan must be plainly marked "Site Plan" and shall be clearly and legibly drawn in dark lines on a white background, or a similar medium acceptable for filing with the Registry of Deeds or Land Court to fully detail and explain the intentions of the applicant. The details and contents of a plan, where not otherwise specifically set forth herein, may be provided in accordance with the requirements of the Subdivision Rules and Regulations.

C. Application copies shall be of standard size, no larger than 30 inches by 42 inches. Each copy of the application shall be folded so that it will fit neatly into a letter-sized file folder.

D. A list of abutters and abutters to abutters within 300 feet that are parties of interest as defined in these Rules, taken from the most recent tax list of the Town and certified by the Assessors' Office, shall be included in the submission of the application. The applicant shall pay any charges required by the Assessors' Office for the list.

E. Seventeen copies of the application shall be submitted to the office of the Harvard Town Clerk during posted business hours. Submittals must be collated and assembled as 17 individual and complete "packages." The applicant may request and shall be entitled to a written receipt for the materials submitted. The date of filing shall be considered the date upon which the application has been delivered to or received by the Harvard Town Clerk as required in these Rules.

F. Upon receipt of an application, the Board shall transmit forthwith a copy of the application to the Building Inspector, Board of Selectmen,[1] Fire Department, Board of Health, Police Department, Engineering Consultant, DPW Director, Conservation Commission and Historical Commission.

[1] Editor's Note: Now "Select Board."

G. An affirmative vote of four members of the Board shall be necessary to grant a special permit. Only members who have attended the public hearing, including any continuations thereof, may vote. However, in accordance with MGL Chapter 39, Section 23D, a member of the Board, when holding an adjudicatory hearing, shall not be disqualified from voting in the matter solely due to that member's absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote, the member shall certify in writing that he/she has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. This shall change, replace, negate or otherwise supersede applicable quorum requirements. A failure of the Board to achieve the required vote shall be deemed a denial of such application.

H. Contents of application.

(1) The application shall contain a detailed description of the proposed use. In the case where the applicant cannot commit to a particular use at the time that an application for a special permit is made, the applicant must provide the Board with a description of the possible uses to which the facility may be put as allowed by the Bylaw.

(2) The applicant shall list and provide copies of all variances, permits, and other special permits or site plan approvals previously issued by Town boards or state and federal agencies, and a list of any variances or permits required to complete the proposed work. This list should include but not be limited to any permits from the Board of Health, the Conservation Commission, the Board of Appeals, the Board of Selectmen,[2] the Department of Public Works, the Army Corps of Engineers, Mass Department of Transportation, and the Department of Environmental Protection; and certificates issued by the Secretary of Environmental Affairs under the Massachusetts Environmental Policy Act.

[2] Editor's Note: Now "Select Board."

(3) If any other permits are required, the applicant is strongly advised to make the applications for such additional permits concurrent with this application.

(4) A copy of the most recently recorded plan/s for the lot(s) on which the work will take place bearing the book number(s), page number/s, and date/s of recording/s or registration(s) shall be submitted.

(5) The development impact statement shall be completed in its entirety and shall be submitted as part of the application.

(6) An application for a special permit that lacks information or is incomplete in any manner may be denied or significantly delayed. It is the responsibility of the applicant to assure the accuracy, thoroughness and completeness of all information submitted to the Board as part of an application for a special permit.

(7) The applicant shall be responsible for factually supporting all points relied upon in the application concerning the proposal, including without limitation references for methodologies used in design calculations.

(8) The Board is empowered to require information in addition to that specifically required by the Bylaw or by this chapter. The Board will require the applicant to supply additional information if it finds that such information is necessary to properly and responsibly act upon the application.

§ 133-23 Hearing.

Before the Board can decide on an application for a special permit, a public hearing must be held as described in Article VIII of this chapter.

§ 133-24 Period for action.

The Board shall hold a public hearing within 65 days of the filing of the application with the Town Clerk, and shall render a decision within 90 days following the close of the public hearing. The period within which final action shall be taken may be extended by written agreement between the Board and the applicant, and a copy shall be filed with the Town Clerk.

§ 133-25 Contents of decision and notice of decision.

A. The Board shall send a full copy of its decision to the property owner and the applicant if other than the property owner, the Town Clerk, Building Inspector, Board of Selectmen,[1] Fire Department, Board of Health, Police Department, Engineering Consultant, DPW Director, Conservation Commission, Assessors and Historical Commission.

[1] Editor's Note: Now "Select Board."

B. The Board may require that security be posted with the Town in such form and amount as is required by the Board to secure the satisfactory completion of all or any part of the work authorized by or required under an application for a special permit.

§ 133-26 Filing.

A. Within 14 days of its vote, and prior to the end of the ninety-day period, the Board will file a copy of its decision with the Town Clerk.

B. The Board will forthwith mail a notice of its decision to the owner, to the applicant if other than the owner, to the parties of interest, and to those persons present at the public hearing who asked the decision be sent to them.

C. The applicant will be responsible for recording the full copy of the special permit decision in the Worcester District Registry of Deeds and for paying any required recording fees. A copy of the recorded decision, certified by the Registry of Deeds, must be submitted to the Board and the Building Inspector at the time of applying for a building permit. No construction shall be allowed to begin at the site that was the subject of the decision until evidence, satisfactory to the Building Inspector, has been presented to the Building Inspector that the permit in question has been duly recorded as required herein.

§ 133-27 Appeals.

A. Any person aggrieved by the decision of the Board, whether or not previously a party to the preceding, may appeal in accordance with Mass. General Laws and the Harvard Protective Bylaw, § 125-48.

B. An appeal shall be made within 20 days after the decision has been filed with the Town Clerk. Notice of the appeal and a copy of the complaint shall be filed with the Town Clerk so as to be received within the twenty-day appeal period.

§ 133-28 Effective conditions.

A. Where a special permit is granted by the Board, all other permits for the execution of the work shall be obtained and substantial use thereof shall be commenced, except for good cause, or construction begun, except for good cause, within two years from the date of filing of the Board's decision with the Town Clerk, unless the Board otherwise provides for a different period of time in the permit. Said time shall not exceed two years.

B. The Board may grant a reasonable extension of said time where good cause is shown after a public hearing has been conducted. Such extension or extensions shall not exceed two years beyond the original expiration date of the special permit. Said extension shall be submitted in writing to the Board and filed with the Town Clerk 60 days prior to the expiration of the special permit.

§ 133-29 Withdrawal.

An applicant may submit a request to withdraw an application without prejudice for consideration by the Board. The request must in writing, addressed to the Board's Chair, and filed with the Town Clerk. The Board, at its discretion, may grant or deny the request. No refund of fees will be provided if an application is withdrawn.

§ 133-30 Repetitive applications.

No application which has been unfavorably and finally acted upon by the Board shall be acted favorably upon within two years after the date of final unfavorable action unless four members of the Board vote to find that specific and material changes in the conditions upon which the previous unfavorable action was based have occurred and describe such changes in the records of the Board's proceedings, and at least all but one member of the Board consents to the consideration of the matter.

§ 133-31 Amendments.

A. A previously granted special permit may be amended upon filing of a new application to the Board. The Board shall determine whether any request for further alterations to a site constitutes a minor modification and therefore does not require an amendment to the special permit.

B. Unless the original special permit specifically allows certain modifications or alterations without the necessity of a new public hearing, all requests for amendments shall require a new public hearing to be advertised and conducted in accordance with this chapter.

C. All of the requirements applicable to a special permit shall be applicable to an amendment to a special permit. Because of the variety of amendments which are possible, applicants are advised to inquire whether they will need to submit any plans, reports or other information in addition to those submitted at the time the original special permit was petitioned for. If any plans, reports or other information is required, then such plans, reports or other information will comply with the requirements set forth in this chapter.

D. Amendments to an existing special permit may take many forms. Some amendments may be quite simple while others could be quite complex. In each case where an amendment to an existing special permit is sought, the applicant may request that the Board reduce the application fee required by this chapter. Failure to pay the required fee(s) in a timely manner may be considered due cause to deny the requested amendment.