Town of Middleton, MA
Essex County
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[HISTORY: Adopted by the Planning Board of the Town of Middleton. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 235.
Subdivision of land — See Ch. 250.
Board of Appeals — See Ch. 260.
245a Form G

§ 245-1 Authority.

Chapter 40A, § 9 of the Massachusetts General Laws provides for the issuance of special permits for specific uses when authorized by the Zoning Bylaws. The Middleton Zoning Bylaws designate the Planning Board as the special permit granting authority for cluster developments (§ 235-30); multifamily or attached dwellings in the R-2 Zone (§ 235-71); and conversion of single-family to more than one dwelling use in the R-2 Zone (§ 235-71). All other special permits are granted by the Board of Appeals.

§ 245-2 Application procedure.

A. 
The applicant should submit a request for the issuance of a special permit by completing Form G, Application for a Special Permit by the Planning Board,[1] and filing said application with the required plans (accompanied by a filing fee of $50) with the Board either in person or by mail. In addition a notice shall be filed by delivery or by registered mail with the Town Clerk stating the date of submission to the Board and accompanied by a copy of the application.
[1]:
Editor's Note: Form G is included at the end of this chapter.
B. 
If the project involves a subdivision of land, the definitive plan should be submitted at the same time as the application for a special permit.
C. 
Contents of the plan.
(1) 
For cluster developments and multifamily developments the plans shall be in conformance with the requirements for a definitive subdivision plan (see Chapter 250, Subdivision of Land, § 250-8A).
(2) 
For conversion of a one-family dwelling to two or more dwelling units (R-2 Zone only) the plan shall include the following:
(a) 
A site plan including the location of all structures to a scale of one inch equals 40 feet.
(b) 
Names and addresses of all abutters and other landowners within 300 feet of the site.
(c) 
A locus plan drawn to a scale of one inch equals 800 feet.
(d) 
The locations of any easements on the lot and a copy of any previous Board of Appeals' decisions, e.g., variances granted, special permits, site plan approvals, etc.

§ 245-3 Hearing and notice; decision.

A. 
Upon receipt of the application and supporting plans, the Board will conduct a public hearing within 65 days. Notice of such hearing shall be given in each of two successive weeks by advertisement in a newspaper of general circulation in the Town prior to such hearing. The Board shall notify the abutters by certified mail. Whenever possible the Board will schedule the public hearing on the special permit application and the definitive plan at the same meeting. The Board may approve, disapprove or approve with appropriate safeguards and conditions.
B. 
An affirmative vote of the Board shall require approval by at least four members prior to issuance of a special permit. The Board will report its decision to the Town Clerk, and to the applicant within 90 days of the date of the public hearing.
C. 
In rendering its decision the Board will consider if the proposal is in harmony with the general purpose and intent of the Zoning Bylaws. The Board must also be satisfied that all provisions of the Zoning Bylaws have been met unless specific waivers have been granted.
D. 
The Board shall provide that a special permit shall lapse within a specified period of time (not to exceed two years) if the construction has not begun by that time.