[Amended 5-3-2021 ATM by Art. 10]
A Board of Appeals of five members shall be appointed by the
Select Board in accordance with the provisions of Chapter 40A of the
General Laws, as amended. The Select Board shall also appoint in like
manner two associate members of the Board of Appeals; and in case
of a temporary vacancy, absence, inability to act, or conflict of
interest on the part of a member of said Board, his place may be taken
by an associate member designated by the Chairman or Vice Chairman
of the Board of Appeals.
The Board of Appeals shall have and exercise all the powers
granted to it by Chapters 23B, 40A, 40B and 41 of the General Laws,
and by this bylaw, those powers being to hear and decide applications
for special permits upon which the Board is empowered to act under
this bylaw; to hear and decide petitions for variances, excluding
variances for use; to hear and decide other appeals from any aggrieved
person, officer, or board; to issue comprehensive permits as provided
by MGL c. 40B, §§ 20 through 23; in special cases
to issue withheld building permits as provided by MGL c. 41,
§ 81Y; and to act on appeals under the Commonwealth of Massachusetts
State Building Code, as provided by MGL c. 143, § 100.
A.
Special permit granting authority. Special permit applications shall
be heard and decided upon by the Board of Appeals, except in the case
where some other special permit granting authority is specified by
this bylaw.
B.
Criteria. Special permits provided for in the Zoning Bylaw shall
be granted only upon determination by the special permit granting
authority that the activity may be carried out without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent or purpose of this bylaw, upon consideration
of environmental, economic, fiscal, traffic, public facility, visual,
and social consequences. Such permits may also impose conditions,
safeguards and limitations on time or use.
C.
Expiration. Special permits shall lapse 24 months following grant
thereof (excepting such time required to pursue or await the determination
of an appeal referred to in MGL c. 40A, § 17) if a
substantial use or construction has not sooner commenced except for
good cause.
D.
Public hearing. Special permits or any extension, modification, or
renewal thereof shall only be issued following public hearings held
within 65 days after filing a complete application with the Town Clerk,
a copy of which shall forthwith be filed by the applicant with the
special permit granting authority (SPGA) or its agent. The decision
of the SPGA regarding a special permit or any extension, modification,
or renewal thereof shall be made within 90 days following the date
of the close of the public hearing. Failure by the SPGA to take final
action within said 90 days or extended time, if applicable, shall
be deemed to be a grant of the special permit in accordance with,
and subject to, the requirements of the 12th paragraph of MGL c. 40A,
§ 9. The required time limits for a public hearing and said
action may be extended by written agreement between the applicant
and SPGA, filed with the Town Clerk. Said decision shall be filed
in writing at the Town Clerk's office within 14 days of the date the
decision is made, and notice of the decision shall forthwith be mailed
to the petitioner, applicant, or appellant, and to the parties in
interest designated in MGL c. 40A, § 11, and to every
person present at the hearing who so requested and who stated the
address to which said notice was to be sent.
[Amended 5-1-2000
ATM by Art. 19]
E.
Planning Board associate member. A majority of the joint members
of the Select Board and Planning Board may appoint an associate member
of the Planning Board. Such associate member, when designated by the
Chairman of the Planning Board, may serve on the Planning Board for
the purpose of acting upon a special permit application, in case of
absence, inability to act, or conflict of interest on the part of
any member of the Planning Board or in the event of a vacancy on the
Board. Said associate member shall be appointed for a term of two
years.
[Amended 5-4-1998
ATM by Art. 21; 5-3-2021 ATM by Art. 10]
F.
Rules and regulations. Such special permit granting authority may
adopt and from time to time amend rules and regulations and charge
a fee relative to the issuance of such permits, and shall file a copy
of said rules in the office of the Town Clerk. Such rules may prescribe
the application, size, form, contents, style and number of copies
of plans and specifications and the procedure for submission and approval
of such permits.
[Added 5-2-2011
ATM by Art. 17]
In making a decision on proposals for special permits or variances for business or industrial uses, the Board of Appeals shall consider the design review guidelines in § 250-23G.
