The special permit granting authority for the Town of Charlton
shall be allocated as follows:
A. The Planning Board shall have site plan review and approval authority and shall be the special permit granting authority for special permits issued pursuant to §§
200-5.6,
200-5.7,
200-5.9 and
200-5.10 of this bylaw. The Planning Board shall also be the special permit granting authority for all uses identified with the symbol "SP" in the Use Regulation Schedule, §
200-3.2B.
B. The Zoning Board of Appeals. The Zoning Board of Appeals shall have the authority to issue special permits for development in floodplain zones as specified in §
200-6.4 of this bylaw. The Zoning Board of Appeals also shall have the authority to issue special permits for altering the number of mobile homes in an existing mobile home park, as specified in §
200-5.2B(3) of this bylaw.
C. The Board of Selectmen. The Board of Selectmen shall have the authority for appointing a Zoning Enforcement Officer and the Zoning Board of Appeals, and to grant special permits for unregistered motor vehicles as specified in §
200-5.3 of this bylaw.
D. Appeals. Any person aggrieved by a decision of the Zoning Board of
Appeals or the Board of Selectmen in exercising their powers to grant
or deny special permits may appeal such decisions in accordance with
the provisions of Chapter 40A of the Massachusetts General Laws.
E. Conditions for granting. Special permits may be granted if an applicant
can show a condition peculiar to the particular case but not generally
true for similar permitted uses on other sites in the same zoning
district. The Board of Selectmen and Zoning Board of Appeals shall
deny a special permit where in its judgment a nuisance, hazard, or
congestion will be created, or for other reasons there will be substantial
harm to the neighborhood or derogation from the general purposes and
the intent of the bylaw, or that the stated district objectives or
applicable use criteria will not be satisfied.
F. Review and reports. Upon the receipt of any application for a special
permit and the payment of an application fee established from time
to time by the Zoning Board of Appeals, for any special permit not
involving unregistered motor vehicles, and the required plans and
documents, the Zoning Board of Appeals shall file one (1) copy with
the Town Clerk and one (1) copy with the Planning Board for review
and recommendation. The Planning Board shall submit reports to the
Zoning Board of Appeals or the Board of Selectmen within thirty-five
(35) days of the receipt of the application and supporting documents.
Failure to report within this time period shall be deemed to be lack
of opposition thereto.
G. Public hearing. Any special permit shall only be issued after a public
hearing which must be held within sixty-five (65) days after the effective
date of filing of a special permit application. Effective date is
the date the application is filed with the Town Clerk by either the
Board of Selectmen or the Zoning Board of Appeals. For any public
hearing held under this bylaw, all abutters must be notified by mail
of the hearing date and time, and notice of the hearing must be published
twice at least eight (8) and fifteen (15) days before the hearing
in a newspaper of general circulation.
H. Period of validity. If fifty percent (50%) of a project has not been
completed without good cause, within one (1) year from the date granted,
the special permit shall lapse. Included within the one-year period
is the time required to pursue or await the determination of an appeal.
Extensions to the special permit may be granted by the special permit
granting authority for good cause.
I. Permits granted before zoning changes. If a special permit or a building
permit is issued before the publication of the first notice of a public
hearing of a proposed zoning amendment, but is not then utilized by
commencing construction within a six-month period and then proceeding
as expeditiously as is reasonable, the building or special permit
will lapse and a new permit will be required to conform to the amended
bylaw.