A.
The Board of Appeals or such other board designated a special permit
granting authority shall hear and decide upon the applications for
the specific special permits authorized by this bylaw.
B.
Distribution and review of special permit applications.
[Added 4-4-1989 STM by
Art. 10]
(1)
Within five days after receipt of an application for special
permit, the special permit granting authority shall transmit copies
thereof, together with copies of the accompanying plans, to the Planning
Board (when it is not the special permit granting authority), the
Conservation Commission, the Select Board (when it is not the special
permit granting authority), the Board of Health and such other municipal
boards or agencies as the special permit granting authority may designate
by rule or regulation. All such boards shall investigate the application
and report in writing their recommendations to the issuing special
permit granting authority.
[Amended 10-19-2021 STM by Art. 6]
(2)
The special permit granting authority shall not take final action
on such application until it has received a report thereon from any
of the boards listed above or until said boards have allowed 21 days
to elapse after the receipt of such application without submission
of a report; provided, however, that the Planning Board shall have
45 days from its receipt of a site plan to render and transmit its
decision to the special permit granting authority. Such period may
be extended upon the written request of the applicant, and, in such
cases, the special permit granting authority shall request of the
applicant a corresponding extension of time for its final action.
[Amended 11-19-1985 STM
by Art. 8; 3-10-1997 STM by Art.
S14]
A.
Special permits shall be granted by the special permit granting authority,
unless otherwise specified herein, only upon its written determination
that the adverse effects of the proposed use will not outweigh its
beneficial impacts to the Town or the neighborhood, in view of the
particular characteristics of the site, and of the proposal in relation
to that site. In addition to any specific factors that may be set
forth in this bylaw, the determination shall include consideration
of each of the following:
(1)
Social, economic or community needs which are served by the
proposal;
(2)
Traffic flow and safety, including parking and loading;
(3)
Adequacy of utilities and other public services;
(4)
Neighborhood character and social structures;
(5)
Impacts on the natural environment; and
(6)
Potential fiscal impact, including impact on Town services,
tax base, and employment.
B.
Special permits may be granted with such reasonable conditions, safeguards,
or limitations on time or use as the special permit granting authority
may deem necessary to serve the purposes of this bylaw. Special permits
shall lapse 36 months following final action (plus such time required
to pursue or await the determination of an appeal referred to MGL
c. 40A, § 17, from the grant thereof) if a substantial use
thereof has not commenced nor construction begun, except for good
cause.
A.
A special permit granting authority shall grant special permits only
after public hearings held in conformity with the provisions of Chapter
40A of the General Laws, including due notice to parties in interest,
the petitioner, abutters, owners of land directly opposite on any
public or private street or way, and abutters to the abutters within
300 feet of the property line of the petitioner, as shown on the most
recent applicable tax list (including any such owner of property in
another city or town), the Planning Board of the Town of Marion, and
the Planning Boards of the Towns of Mattapoisett, Rochester and Wareham.
B.
The procedure for the issuance of special permits, including applications,
notices, public hearing, filing of decisions and other procedural
requirements, shall be as provided in Chapter 40A of the General Laws
and in the rules to be adopted by the special permit granting authority
and filed with the Town Clerk in accordance with said Chapter 40A.
[Amended 11-19-1985 STM
by Arts. 8, 9; 3-28-1989 STM by
Art. 5; 4-22-1991 ATM by Art.
18; 4-22-1996 ATM by Art. 27; 3-10-1997 STM by Art. S14; 11-13-2000 STM by Art. S7; 10-15-2001 STM by Art. S13; 4-22-2002 ATM by Art. 21]
Where eligible for consideration in the Table of Principal Uses,
applications for the following types of special permits shall be governed
by these rules:
A.
Bed-and-breakfast establishments.
(1)
An owner or owners of a residence may apply for a special permit
for a bed-and-breakfast establishment.
(2)
The special permit granting authority (SPGA):
(a)
Shall make a finding that the issuance of a special permit use
shall not result in increased congestion or other adverse impacts
which will tend to reduce neighborhood amenities or the value of surrounding
properties.
(b)
Shall make a finding that the issuance of a special permit shall
not make existing wastewater systems inadequate and will cause no
undue crowding on or near the site in order to provide required parking
space.
(c)
May allow up to, but no more than, four guest rooms per property.
(d)
Shall permit that breakfast may be the only meal served in such
facility and that only guests residing in the structure may be served.
(e)
Shall require that the off-street parking ratio be one space
per guest room with no less than one additional space for the owner.
Parking to accommodate bed-and-breakfast clients shall not be located
within the front yard between the residence and the street line except
where the Board of Appeals finds that due to the considerable setback
of the building from the street or other unique conditions pertaining
to the lot, alternative off-street parking arrangements, such as an
existing driveway, will not be detrimental to the neighborhood.
(f)
May find that in areas where there are small lots and a need
to prevent excessive paving of yard areas, one or more of the required
guest parking space requirements may be satisfied by the use of curbside
parking where the Board of Appeals determines that there will be no
significant adverse impact on the neighborhood or any individual abutter.
(g)
Shall require that the residence shall be managed by an owner
residing on the property.
(h)
Shall state that the special permit shall not be transferable
to a subsequent owner or another property.
(i)
Shall require that guests shall register upon arrival, stating
their names and current residence address. The registration form shall
be kept by the owner for a period of two years and shall be made available
for a representative of the Town of Marion upon one day's notice.
B.
Industry and manufacturing. No special permit shall be granted for
any manufacturing use which would be detrimental, offensive or tend
to reduce property values in the same or adjoining districts by reason
of dirt, odor, fumes, gas, sewage, refuse, noise, excessive vibration
or danger of explosion or fire.[2]
[2]
Editor's Note: Original Sec. 7.4.4, Nonconforming uses, which
immediately followed this subsection, was repealed 4-29-2003 STM by
Art. S6.
C.
Piers as an accessory use. An accessory pier serving a single-family
residence located on the same lot or an accessory pier in the Marine
Business District may be approved by the Planning Board pursuant to
the special permit regulations of this bylaw, provided that:
(1)
The Planning Board gives due consideration to the recommendations
of the Marine Resources Commission and Conservation Commission.
(2)
The accessory use will not have an adverse impact on coastal
ecology, recreational use of adjoining waters, or the use and enjoyment
of the waterfront by adjoining property owners.
(3)
Alternatives in the form of an association pier or public pier
are not reasonably available.
(4)
The lot for which the permit is sought fully conforms with the
current area and frontage requirements for the district in which it
is located or was lawfully in existence on May 1, 1996, at which time
the lot conformed with the then-current area and frontage requirements
for the district in which it was located.
[Amended 5-21-2012 ATM
by Art. 32]
D.
Association piers. An association pier may be granted a special permit,
provided that:
(1)
Evidence is provided in the form of deed restrictions which
restrict use of the pier to a defined geographical area or development.
The developer shall include in the deed to the owners of individual
lots within the defined areas beneficial rights to such association
pier.
(2)
There are provisions assuring the maintenance of the pier facilities
by the developer until taken over by a homeowners' association.
(3)
There are adequate provisions for assuring maintenance of the pier facilities by the homeowners' association. The Planning Board's attention is called to the requirements of § 230-8.5D, which generally would be applicable to an association maintaining a pier.
(4)
Due consideration has been given to screening any parking areas
from adjoining or nearby residences.
(5)
The lot meets the minimum requirements for a single-family house
lot in the district or was lawfully in existence on May 1, 1996, at
which time the lot conformed with the then-current area and frontage
requirements for the district in which it was located.
[Amended 5-21-2012 ATM
by Art. 33]
(6)
There is no clubhouse facility.
(7)
Due consideration has been given to the report and recommendations
of the Marine Resources Commission and the Conservation Commission.
E.
Structural features exceeding 65 feet high. The Board of Appeals
may grant a special permit where certain structures exceed 65 feet
in height and are not in any way for living purposes. This applies
to accessory features such as chimneys, ventilators, skylights, water
tanks, bulkheads, domes, towers, and spires usually carried above
roofs. It does not apply to wireless communications facilities.
F.
Multiple-unit rental housing. The Planning Board may grant a special
permit to allow for rental housing units on the second or third floor
of an existing structure lawfully in existence as of the date of adoption
of this subsection, provided the following criteria are met:
[Added 4-26-2005 ATM
by Art. 32]
(1)
The structure is located in one of the following zoning districts:
Limited Industrial, Limited Business, Marine Business or General Business,
and the first floor shall be used for commercial purposes.
(2)
The structure was designed and principally constructed prior
to 1931 or any structure constructed thereafter that can demonstrate
historical significance to the Town of Marion.
(3)
The structure has a preexisting second and/or third floor that
can accommodate multiple rental units.
(4)
The converted or altered structure shall conform to the historic
architectural design and facade of the existing structure.
(5)
The proposed conversion or alteration of the structure will
not cause an increase in the height of the existing structure by more
than 15% of the existing structure.
(6)
The proposed conversion or alteration will not increase the
total square footage of the interior area of the existing structure
by more than 15% of the existing structure.
(7)
The proposed conversion or alteration receives site plan review
and approval from the Planning Board.
(8)
The special permit shall become null and void and subject to
immediate revocation if the rental units are ever converted to fee
simple or interval ownership dwellings.
G.
Kennel, commercial and kennel, hobby. A commercial kennel and hobby
kennel may be granted a special permit by the Board of Appeals, provided
the following criteria are met:
[Added 10-22-2018 STM
by Art. S12]
[Added 11-19-1985 STM
by Art. 8]
B.
The Board of Appeals shall issue such a permit upon a finding that:
[Added 4-4-1989 STM by
Art. 9; amended 4-27-1999 ATM
by Art. 20]
Additional regulations of a more detailed nature in which special
permits are authorized by this bylaw are included in other sections
as follows:
B.
Section 230-8.3, Towers, windmills, radio transmitters, etc.
