An application or petition for a special permit may be brought
by a property owner, agent, or prospective purchaser who submits certification
(such as an executed purchase and sales agreement) of property interest
and authority to file.
Pursuant to §
305-13.03E(5) of the Zoning Bylaw, a party seeking to reoccupy an existing structure in the Water Resource Protection District (WRPD) with a use that would ordinarily require a special permit pursuant to §
305-13.03E(4) of the Zoning Bylaw may do so without filing a special permit application if the party receives a positive determination from the Building Commissioner through a WRPD reoccupation certificate. It is the responsibility of any party requesting such a determination from the Building Commissioner to provide information and plans that verify the information on the associated certificate. Site plans developed for the prior use may be used as part of a submittal to the Building Commissioner as long as they accurately reflect existing conditions. The Building Commissioner may reasonably request additional materials from the submitting party in order to make an accurate determination.
All applications shall be accompanied by two certified checks
made payable to the order of the Town of Marshfield. One check shall
be for administrative fees and the second check shall establish an
individual special account. Any additional payments required shall
be made within 30 days of the billing date.
A. Administrative fees. The filing fee shall be as provided in Chapter
420, Fee Schedule, for a special permit application.
[Amended 7-24-2017]
B. Consultant review fee/special account.
(1) Every special permit application shall be required to file the minimum review fee to establish an individual special account. If, in addition, this minimum amount is not sufficient to cover the entire cost of the review, the Board shall adjust said special account. The minimum fee and the adjustment schedule are as provided in Chapter
420, Fee Schedule.
[Amended 7-24-2017]
(2) Where specific conditions arising from the land or the nature of
the proposal necessitate the assistance of a planning, engineering,
traffic, soils, hydrologic or other consultant(s), the Planning Board
may engage such consultant services to assist the Board in analyzing
the project to ensure compliance with all relevant laws, bylaws, regulations,
good design principles and state of the art technology. The Board
may require that applicants pay a review fee consisting of the reasonable
costs to be projected to be incurred by the Board for the employment
of consultants engaged by the Board to assist in the review of the
application.
(3) Funds received by the Board pursuant to this section shall be deposited
with the Town Treasurer/Collector who shall establish a special individual
account for this purpose. Expenditures from this special account may
be made at the direction of the Board, without further appropriation.
Expenditures from this special account shall be made only in connection
with the review of a specific project or projects for which a review
fee has been or will be collected from the applicant. Failure of an
applicant to pay all review fees shall be grounds for denial of the
application or permit.
[Amended 7-24-2017]
(4) Review fees may only be spent for services rendered in connection
with the specific project for which they were collected. Accrued interest
may also be spent for this purpose. At the completion of the Board's
review of a project, any excess amount in the account, including any
interest, attributable to a specific project shall be repaid to the
applicant or the applicant's successor in interest. The applicant
must submit a written request for these funds. A final report for
said account shall be made available to the applicant, upon request,
or the applicant's successor in interest. For the purpose of this
regulation, any person or entity claiming to be an applicant's successor
in interest shall provide the Board with the documentation establishing
such succession in interest.
(5) Any applicant may take an administrative appeal from the selection
of the outside consultant to the Select Board, provided that such
appeal is taken within 14 days of notification of the Board's appointment
of the consultant. The grounds for such an appeal shall be limited
to claims that the consultant selected has a conflict of interest
or does not possess the minimum required qualifications as may be
set by the Board. The minimum qualifications shall consist either
of a four-year college level educational degree in, or one related
to, the field of knowledge at issue or three or more years of practice
in the field at issue or a closely related field. Minimum qualifications
may be increased at the Board's discretion depending upon the complexity
and importance of the proposed project. The required time limit for
action upon an application by the Board shall be extended by the duration
of the administrative appeal. In the event that no decision is made
by the Select Board within one month following the filing of the appeal,
the selection made by the Board shall stand.
[Amended 10-18-2021 STM by Art. 32]
C. Other costs and expenses. The Planning Board shall write the public
hearing notice and furnish the notice to the applicant. The applicant
is responsible for paying the cost of the legal advertisement in the
newspaper. The notice of public hearing shall be mailed certified
delivery by the applicant to all parties in interest not less than
10 days before the date of the public hearing. The applicant is responsible
for the costs associated with mailing the notice to abutters and any
parties in interest by certified mail, return receipt requested. Return
receipts are to be addressed to the Planning Board for further verification.
D. Modification. The administrative fee to modify an existing special permit is established in Chapter
420, Fee Schedule. The applicant shall submit a check made out to the Town of Marshfield at the time of the request to modify the WRPD special permit.
[Amended 7-24-2017]
E. Fee waiver. Fees can be waived for applications from the Town of
Marshfield and religious and nonprofit organizations, at the discretion
of the Planning Board, on a case-by-case basis.
[Amended 7-24-2017]
The provisions of these rules and regulations are severable.
If any provision of these rules and regulations is held invalid, the
other provisions shall not be affected thereby. If the application
of these rules and regulations or any of their provisions to any person
or circumstances is held invalid, the application of these rules and
regulations and their provisions to other persons and circumstances
shall not be affected thereby.
Full compliance with these rules and regulations may be waived
by the Planning Board, provided such waivers are deemed to serve the
public interest and are not conflicting with MGL c. 40A. Requested
waivers shall be submitted in writing at the time of the application.
Waivers may only be granted through a majority vote of the Planning
Board.
[Amended 7-24-2017]
Written notice of any violation of these rules and regulations
shall be provided by the Building Commissioner to the owner of the
premises, specifying the nature of the violations and a schedule of
compliance, including cleanup of any spilled materials. This compliance
schedule must be reasonable in relation to the public health hazard
involved and the difficulty of compliance. In no event shall more
than 30 days be allowed for either compliance or modification of a
plan for longer-term compliance. In the enforcement of these rules
and regulations, the Building Commissioner shall notify the Health
Inspector of any violations and seek the Health Inspector's and/or
Agent's assistance.