[Amended June 1978 STM by Art. 2, approved 11-2-1978; May 1979 ATM by Art. 55, approved 8-21-1979; May 1990 ATM by Art. 51, approved 9-13-1990; May 1993 ATM by Art. 56, approved 7-9-1993]
A.
Rules of special permit granting authority; certificate of compliance.
The special permit granting authority shall be the Board of Zoning
Appeals, the Planning Board or the Board of Selectmen, as specifically
provided for in this bylaw. The Board of Zoning Appeals, the Planning
Board and the Board of Selectmen shall adopt and from time to time
amend rules relative to the issuance of such permits and shall file
a copy of said rules with the Town Clerk. The Inspector of Buildings
shall not issue a certificate of occupancy until and unless the appropriate
special permit granting authority issues a certificate of compliance
with the provisions herein provided. All construction, including landscaping,
site preparation and other authorized uses of the land, shall be in
compliance with an approved special permit and conditions attached
thereto unless duly amended by permission from the special permit
granting authority.
B.
Application procedure.
(1)
Anyone wishing to apply for a special permit shall file an application
with the Town Clerk, and a copy of said application, including the
date and time of filing certified by the Town Clerk, shall be filed
forthwith by the petitioner with the special permit granting authority.
Specific application forms shall be provided for in the rules of each
special permit granting authority.
(2)
Within 65 days of the receipt of the properly executed application,
the appropriate special permit granting authority shall hold a public
hearing, for which notice has been given by publication or posting
as provided in MGL c. 40A, § 11, and by mailing said notice
to all parties of interest.
(3)
Within 90 days following a public hearing or hearings, the special
permit granting authority shall take final action on the application.
The required time limits for a public hearing and said action may
be extended by written agreement between the petitioner and the special
permit granting authority. Failure to take final action shall be deemed
to be a grant of the special permit applied for.
(4)
Special permits can only be granted by a two-thirds vote of
the Planning Board, a vote of at least four members of the Board of
Selectmen or a vote of at least four members of the Board of Zoning
Appeals.
(5)
Any application for a special permit before the special permit
granting authority, other than the Board of Zoning Appeals, shall
be accompanied by a filing fee in accordance with the fee schedule
established under the rules and regulations of the special permit
granting authority and as approved by the Board of Selectmen, if such
action is required.
C.
Special permit conditions. In approving a special permit, the special
permit granting authority shall be authorized to attach such conditions
and safeguards as are deemed necessary and appropriate to protect
the neighborhood and the Town of Weymouth. These may include but not
necessarily be limited to the following:
(1)
Requirement of front, side or rear yards greater than the minimum
required by this bylaw.
(2)
Requirements of screening of parking areas or other parts of
the premises or from the streets by walls, fences, planting or other
devices, as specified by the special permit granting authority.
(3)
Limitation of size, number of occupants, method or time of operation
or extent of facilities.
(4)
Regulation of number, design and location of access drives or
other traffic features.
(5)
Requirements of off-street parking or other special features
beyond the minimum required by this or other applicable bylaws, codes
or regulations.
D.
Criteria for approval by special permit granting authorities. The
special permit granting authority may approve any such application
for a special permit only if it finds that, in its judgment, all of
the following conditions are met:
(1)
The specific site is an appropriate location for such a use.
(2)
The use involved will not be detrimental to the established
or future character of the neighborhood or Town.
(3)
There will be no nuisance or serious hazard to vehicles or pedestrians.
(4)
Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
(5)
The public convenience and welfare will be substantially served.
