It is the purpose and intent of this article
to provide the designation of the board or agency which shall act
on the various special permits, the general and specific regulations
governing special permits and the procedures by which special permits
shall be granted.
[Amended 4-8-2002 ATM by Arts. 37 and 39; 11-5-2018 RTM by Art. 17]
The Board of Appeals shall act as the special permit granting authority for all special permits required under this chapter, except where the Planning Board or other agency is specifically designated as the special permit granting authority by this chapter. See § 190-73 for the general submission requirements for applications to the Zoning Board of Appeals and the Planning Board.
A.
The Town Council and the Planning Board shall appoint
an associate member of the Planning Board for a term of one year.
When the Planning Board has been designated as a special permit granting
authority by this chapter, the Chairperson of the Planning Board may
designate the associate member to sit on the Planning Board in the
case of absence, inability to act, or conflict of interest on the
part of any member of the Planning Board or in the event of a vacancy
on the Planning Board.
Certain uses, structures or conditions are designated in Article IV, Use Regulations, as requiring a special permit. Upon submission of a written application duly made to the special permit granting authority, the special permit granting authority may, in appropriate cases, subject to the requirements of state law, applicable conditions contained herein and to all other reasonable conditions and safeguards, grant a special permit for such uses, structures or conditions.
A.
Before granting a special permit, the special permit
granting authority, with due regard to the nature and condition of
all adjacent structures and uses and the district within which the
same is located, shall find all of the following general conditions
to the fulfilled:
(2)
The requested use is essential and/or desirable to
the public convenience or welfare.
(3)
The requested use will not create or add to undue
traffic congestion or unduly impair pedestrian safety.
(4)
The requested use will not overload any public water,
drainage or sewer system or any other municipal system for such an
extent that the requested use or any developed use in the immediate
area or in any other area of the Town will be unduly subjected to
hazards affecting health, safety or the general welfare.
(5)
The requested use will not impair the integrity or
character of the district or adjoining districts nor be detrimental
to the public health, convenience or welfare.
(6)
The requested use will not, by its addition to a neighborhood,
cause an excess of that particular use that could be detrimental to
the character of said neighborhood.
B.
The special permit granting authority shall also impose,
in addition to any applicable conditions specified in this chapter,
such additional conditions as it finds reasonably appropriate to safeguard
the neighborhood or otherwise serve the purpose of this chapter, including
but not limited to the following:
(1)
Front, side or rear yards greater than the minimum
required by this chapter.
(2)
Screening buffers or planting strips, fences or walls.
(3)
Modification of the exterior appearance of the structures.
(4)
Limitation upon the size, number of occupants, method
and time of operating for the duration of the permit or extent of
facilities.
(5)
Regulation of the number and location of driveways
or other traffic features.
(6)
Off-street parking or loading or other special features
beyond the minimum required by this chapter.
C.
Such conditions shall be imposed in writing, and the
applicant may be required to post bond or other security for compliance
with said conditions in an amount satisfactory to the special permit
granting authority. Any special permit granted under this article
shall lapse within 12 months if a substantial use thereof has not
sooner commenced, except for good cause, or, in the case of a permit
for construction, if construction has not begun by such date, except
for good cause. Additionally, if construction or operations have not
begun within 12 months or if construction is not continuing toward
completion in as continuous or expeditious manner as is reasonable
during the initial 12 months, then the construction or operations
shall conform to any amendment to this chapter. (See MGL c. 40A, § 9.)
D.
Incomplete
applications.
[Added 5-3-2010 ATM by Art. 29]
(1)
An
application shall not be deemed complete until all copies of the required
information and documentation have been filed with the special permit
granting authority.
(2)
The
special permit granting authority shall notify applicants by registered
mail or in person at a public hearing that an application is incomplete,
and the applicant shall have 14 days from the mailing of such notice
or the giving of such notice at a public hearing to complete the application.
Failure to complete an application within such time or to file plans
with the agencies or officials set forth in the Zoning Bylaw and any
applicable rules and regulations shall be deemed a nonsubmittal of
the application, and the application shall be denied without prejudice.
(3)
Failure
of the special permit granting authority to issue notice of an incomplete
application shall not give rise to a presumption that the application
is complete.
A.
In order that the special permit granting authority may determine that the aforementioned requirements are to be met, applications shall be submitted in accordance with § 190-73.
[Amended 4-8-2002 ATM by Art. 39]
B.
Such site plan shall show, among other things, all
existing and proposed buildings, structures, parking spaces, driveway
openings, driveways, service areas and other open uses; all facilities
for sewage, refuse and other waste disposal and for surface water
drainage; and all landscape features, such as fences, walls, planting
areas and walks on the lot and tract.
C.
In addition to the above, the following information
shall be provided:
(1)
A chart showing all required dimensional requirements
in the district where the development is proposed and comparing them
to the dimensions being proposed.
(2)
Drainage calculations for all runoff within the site.
(3)
Map showing existing and proposed two-foot contours.
For sites which are relatively flat, one-foot contours may be required.
Cross section(s) through the site may also be required.
(4)
Map showing all outdoor lighting, including the direction
and intensity of such lighting.
D.
The above features may all be shown on one site plan,
if legibility allows.
E.
An applicant may, prior to submitting his application
for a special permit to the granting authority, meet with the special
permit granting authority and orally describe the project. The special
permit granting authority may waive or modify the requirements for
a detailed site plan, as described above, after such a meeting.
F.
Notwithstanding anything contained in this chapter
to the contrary, the submission or distribution of site plans as herein
set forth shall not be required in the following instances:
[Amended 6-7-1990 ATM by Art. 40; 4-8-2002 ATM by Art. 39]
(1)
In special permit applications pursuant to § 190-22A(1)(f), Accessory apartments.
G.
In reviewing a site plan, the special permit granting
authority and the other applicable agencies shall consider, among
other things, the following:
[Added 6-5-1989 ATM by Art. 51]
All proposals which are located in an area of
the Town zoned as a Neighborhood Business District, a Limited Business
District, a Business District, a Limited Industrial District or an
Industrial District and which do not require a special permit from
the special permit granting authority must be approved by the Planning
Board through site plan review prior to the issuance of a building
permit.
A.
The Planning Board is hereby authorized to exercise
the powers of site plan review over proposals not subject to a special
permit application and located on parcels zoned or currently used
as neighborhood business, limited business, business, limited industrial
or industrial land uses.
B.
The site plan review regulations which the Planning
Board adopts may:
(1)
Provide for the safe and attractive development or
change or expansion of use of the site and guard against such conditions
as would involve danger or injury to health, safety or prosperity
by reason of:
(a)
Inadequate drainage or conditions conducive
to flooding of the property or that of another.
(b)
Inadequate protection for the quality of groundwater.
(c)
Minimizing elements of pollution, such as noise,
smoke, soot, particulates or any other discharge into the environment
which might prove harmful to persons, structures or adjacent properties.
(d)
Inadequate provision for firesafety, prevention
and control.
(2)
Provide for the harmonious and aesthetically pleasing
development of the municipality and its environs.
(3)
Provide for open spaces and green spaces of adequate
proportions.
(4)
Require the proper arrangement and coordination of
streets within the site in relation to other existing or planned streets
or with features of the Official Map of Wakefield.
(5)
Require suitably located access roads of sufficient
width to accommodate existing and prospective traffic and to afford
adequate light, air and access for fire-fighting apparatus and equipment
to buildings and coordinated so as to compose a convenient system.
(6)
Require, in proper cases, that plans showing new access
roads or narrowing or widening of such access roads be submitted to
the Planning Board for approval.
(7)
Require that the land indicated on plans submitted
to the Planning Board shall be of such character that it can be used
for building purposes without danger to health.
(8)
Include such provisions as will tend to create conditions
favorable for health, safety, convenience and prosperity.
C.
The site plan review regulations which the Planning
Board adopts shall:
(1)
Provide procedures which the Board shall follow in
reviewing site plans.
(2)
Define the purposes of site plan review.
(3)
Specify the general standards and requirements with
which the proposed development shall comply, including appropriate
reference to accepted codes and standards for construction.
(4)
Include provisions for guaranties of performance,
including bonds or other security.
(5)
Include provision for waiver of any portion of the
regulations in such cases where, in the opinion of the Planning Board,
strict conformity would pose an unnecessary hardship to the applicant,
and provided that such waiver would not be contrary to the spirit
and intent of the regulations.
D.
The site plan review regulations of the Planning Board
may stipulate, as a condition precedent to the approval of the plan,
the extent to which and the manner in which streets shall be graded
and improved and to which water, sewer and other utility mains, piping,
connections or other facilities shall be installed. The regulations
or practice of the Planning Board:
(1)
May provide for the conditional approval of the plat
before such improvements and installations have been constructed.
(2)
Shall provide that, in lieu of the completion of street
work and utility installations prior to the final approval of a plat,
the Planning Board shall accept a performance bond, irrevocable letter
of credit or other type or types of security as shall be specified
in the site plan review regulations. The Planning Board shall have
the discretion to prescribe the type and amount of the bond or other
security and specify a period for completion of the improvements and
utilities to be expressed in the bond or other security in order to
secure the municipality the actual construction and installation of
such improvements and utilities. The municipality shall have the power
to enforce such bonds or other securities by all appropriate legal
and equitable remedies.
E.
The Planning Board may, as part of its site plan review
regulations, require an applicant to pay all costs for notification
of abutters and may provide for the assessment of reasonable fees
to cover the Board's administrative expenses and costs of special
investigation and the review of documents and other matters which
may be required by particular matters.
F.
Administration. When exercising its powers of site
plan review, the Planning Board shall hold a public hearing pursuant
to MGL c. 40A, § 11 on any complete site plan review application
within 30 days of its submission. The Planning Board shall make a
final decision regarding a site plan within 90 days after the date
of its public hearing. The required time limits for public hearing
and Planning Board action may be extended by written agreement between
the applicant and the Planning Board. Failure of the Planning Board
to act within said 90 days or extended time, if applicable, shall
be deemed an approval of the site plan.
G.
Appeal of decision. Pursuant to MGL c. 40A, § 8,
any party aggrieved by a decision by the Wakefield Planning Board
to approve, conditionally approve or deny a commercial, industrial
or multifamily site plan may appeal said decision by making application
for an appeal from the terms of the decision to the Wakefield Zoning
Board of Appeals.
(1)
Any such appeal must be filed within 20 days of the
decision and must demonstrate all of the following:
(a)
A significant diminution of surrounding property
values will not occur.
(b)
Granting the appeal will be of benefit to the
public interest.
(c)
The Planning Board's decision will result in
an unnecessary hardship being imposed. (The physical or economic condition
of an individual or firm is not sufficient grounds for hardship.)
(d)
Granting the appeal would do substantial justice.
(e)
The proposed use is not contrary to the spirit
of this chapter.
(2)
The failure of an applicant to demonstrate all of
the foregoing shall result in the denial of the appeal by the Wakefield
Zoning Board of Appeals.
(3)
The satisfactory demonstration of all of the foregoing
shall result in the approval of the appeal by the Wakefield Zoning
Board of Appeals.
Uses, whether or not on the same parcel as activities
permitted as a matter of right, accessory to activities permitted
as a matter of right, which activities are necessary in connection
with scientific research or scientific development or related production,
may be permitted upon the issuance of a special permit, provided that
the special permit granting authority finds that the proposed accessory
use does not substantially derogate from the public good.
The special permit granting authority shall follow the required public hearing and review procedures set forth in MGL c. 40A, § 9 and in § 190-68 hereof. The public hearing shall be held within 65 days of the filing of the petition, and a decision shall be made within 90 days of the public hearing.
