[HISTORY: Adopted by the Planning Board of the Town of Middleton; amended in its entirety 12-9-2015. Subsequent amendments noted where applicable.]
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 flexible development (§ 235-7.3), multifamily or attached dwellings in the R-2 Zone (§ 235-7.1), conversion of single-family to more than one dwelling use (§ 235-7.1), two-family dwelling in R-1a and R-1b Zones (§ 235-3.1.3). All other special permits are granted by the Board of Appeals.
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, and filing one original application with the required plans, eight copies of application, plans, and attachments, one PDF copy, and a filing fee of $100 with the Town Clerk. The applicant is also responsible for the cost of the legal advertisement and will be billed directly by the newspaper.
Editor's Note: Form G is included as an attachment to this chapter.
Certified list of abutters, as defined by MGL c. 40A, § 11.
If the project involves a subdivision of land, a definitive plan which conforms to the requirements of Chapter 250 (Planning Board rules and regulations regarding subdivision of land) should be submitted at the same time as the application for a special permit.
Contents of the plan.
For flexible developments the plans shall be in conformance with the requirements found in § 235-7.3 of the Zoning Bylaw.
For conversion of a one-family dwelling to two and two-family dwellings units (R-2 Zone, R-1a, and R-1b Zones) the plan shall conform to the requirements for site plans (§ 235-9.5.4 and § 235-9.5.5.).
The Board may, upon written request of the applicant, waive any of the technical requirements of this section where the project involves relatively simple development plans or constitutes a minor site plan.
Upon receipt of the application and supporting plans, the Board will conduct a public hearing within 65 days. Notice of such hearing, prepared and sent by the Board, 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 to be deposited with the United States Postal Service at least 14 days prior to the scheduled hearing. Whenever possible, the Board will schedule the public hearing on a special permit application and a definitive plan at the same meeting. The Board may approve, disapprove or approve with appropriate safeguards and conditions.
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 close of the public hearing.
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.
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.