A.
Any person who submits an application for a special permit shall file with the Board all the items in Subsection B(1) through (4) below. Any submission which omits any of these items will not be accepted. Applications shall be made at either a regularly scheduled meeting of the Board or at the Planning Board office during regular business hours.
B.
The following items shall comprise a complete application
for a special permit:
(1)
An Application for a Special Permit from the Planning
Board (Form SP-1), signed by the owner of the property or an authorized
agent.[1]
[1]
Editor's Note: Form SP-1 is included as an attachment to this chapter.
(2)
A properly completed Certified List of Abutters (Form
SP-3).[2]
[2]
Editor's Note: Form SP-3 is included as an attachment to this chapter.
(3)
Three (3) copies of a site plan as specified in Article III of these regulations, together with an electronic copy in portable document file (pdf) format.
[Amended 8-30-2016]
(4)
Filing fee, as specified in Table I.[3]
[3]
Editor's Note: Table I is included as an attachment to this chapter.
C.
The applicant shall also file with the Town Clerk
by delivery or certified mail a notice of the date of submission with
the Board of the application for a special permit, accompanied by
the completed application for a special permit.
The Board shall follow the procedures set forth in MGL C. 40A, § 9, Chapter 240, Zoning, Article XXXXII, and these regulations. The specific steps are summarized below:
A.
Within ten (10) days of receipt of a properly executed
application, the Board may, at its discretion, send copies of the
application to other Town boards or officials.
B.
Within sixty-five (65) days of the receipt of a properly
executed application, the Board shall hold a public hearing, for which
notice shall have been given as provided in MGL C. 40A, § 11.
C.
Within ninety (90) days following the close of the
public hearing, the Board shall take final action on the application
unless this time frame is extended by mutual agreement between the
applicant and the Board and notice of any extension is given to the
Town Clerk prior to the expiration of the ninety-day limit.
D.
Special permits can only be granted by an affirmative
vote of five (5) members of the Board.
Before a decision on a special permit is made,
the Board may request written statements with regard to the following:
B.
Building Commissioner, relative to zoning requirements.
C.
Board of Health, concerning the suitability of the
proposed methods of sewage and waste disposal.
D.
Public Works, concerning the design of streets, drives,
drainage, sewerage and water systems.
E.
Fire Department, with regard to the number and location
of hydrants, alarm boxes and access for emergency vehicles.
F.
Police Department, concerning public safety.
G.
Design Review Committee, relative to the placement
and design of signs, landscaping, architectural style and site planning.
[Amended 1-6-2015; 8-30-2016]
Before the Board takes any action to grant,
modify or disapprove a special permit, the Board shall hold a public
hearing at which parties of interest shall have an opportunity to
be heard in person or by agent. Notice of the time and place of the
public hearing and of the subject matter, sufficient for identification,
shall be published in a newspaper of general circulation in the Town
once in each of three (3) successive weeks. The first publication
shall be not less than fourteen (14) days before the date of the public
hearing. Notice of the hearing shall be mailed within one (1) day
of the first publication to all parties of interest.
A.
Site visits, if requested by the Board, will be conducted as part
of the information-gathering process of a hearing/meeting. The visits
will be scheduled at the appropriate time after the project hearing/meeting
is opened and after the applicant has explained the proposal. The
applicant will have to give permission to enter the site as a public
meeting.
B.
All Board members are expected to attend. A site visit is a public
meeting and shall be posted. A quorum is required to open the meeting.
C.
The open meeting shall convene at Town Hall or other public building.
The plans and files will be reviewed before proceeding to the site.
The meeting will be adjourned after the site visit.
D.
Minute-taking duties shall be shared among the Board members or its
designee. Minutes shall be submitted to the Planning staff for distribution
and then voted at a regular meeting.
In taking final action to either approve, modify and approve or deny an application, the Board shall follow the specific criteria set out in Article XXXXII of Chapter 240, Zoning. Following final action, the Board shall prepare a detailed record of its proceedings which will indicate the vote of each Board member upon each question and the reasons for its decision and of its official actions. This decision of the Board, including the proceeding set forth above, shall be filed with the Town Clerk within fourteen (14) days after the date of the decision and mailed to the applicant and the parties of interest.
Any appeal from the decision of the Board must
be made pursuant to MGL C. 40A, § 17, and must be filed
within twenty (20) days of filing of the decision with the Town Clerk.
A special permit, or any extension or modification,
shall take effect when a copy of the decision has been recorded in
the Registry of Deeds. This decision must be certified by the Town
Clerk that either:
