[Amended 3-23-2016 ATM by Art. 38; 4-25-2016 ATM by Art. 44; 11-19-2020 STM by Art. 14; 11-8-2021 STM by Art. 13; 3-22-2023 ATM by Art. 38; 3-24-2025 ATM by Art. 32]
9.4.1 Special Permit Granting Authority (SPGA). The special permit granting authority (SPGA), as designated herein, may, in its discretion, grant a special permit for a use, building, structure, sign, off-street parking or loading, modification of dimensional standards, screening or landscaping, or other activity where it would not otherwise be permitted but only in those cases where this bylaw specifically refers to a change from the provisions of this bylaw by the granting of a special permit and only in those cases where the SPGA makes the finding and determination set forth in that Section and this §
9.4, if applicable. An applicant is not entitled to a special permit and the SPGA, in its discretion, may decline to grant a special permit if it is unable to make a positive finding and determination as required in §
9.4.2. The Zoning Board of Appeals shall serve as the SPGA, except as set forth below:
1. The Planning Board shall serve as the SPGA for:
b. All special permits in the Governmental-Civic Use (GC) District; and
c. When an activity or use requires both site plan review and one or more special permits.
9.4.2 Criteria. Special permits shall be granted by the SPGA, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. The determination shall include consideration of each of the following:
1. Specific factors set forth elsewhere in this bylaw for the proposed use or activity;
2. Social, equity, diversity, public health, economic, or community needs and impacts;
3. Traffic flow and safety, including parking and loading;
4. Adequacy of utilities and other public services;
6. Impacts on the natural environment; and
7. Potential fiscal impact, including impact on Town services, tax base, and employment.
9.4.3 Conditions for Approval of a Special Permit. In addition to the conditions, standards and criteria as may be set forth in the section of this bylaw that refers to the granting of the special permit, the SPGA may impose additional conditions and limitations as it deems necessary to ensure that the finding and determination that it must make under §
9.4.2 are complied with, including but not limited to:
1. Dimensional standards more restrictive than those set forth in § 135-4.0;
2. Screening or landscaping of principal or accessory uses from view from adjoining lots or from a street, by planting, walls, fences or other devices; planting of larger planting strips, with more or larger plant materials or higher walls or fences than that required in §
5.3;
3. Modification of the exterior features or appearance of a building or structure;
4. Limitations on the size, number of occupants or employees, method or hours of operation, extent of facilities or other operating characteristics of a use;
5. Regulation of the number, design and location of access drives or other traffic features of the proposed use;
6. Provision of a greater number of off-street parking spaces or loading bays, and with greater yard setbacks, landscaping and screening than the minimum standards set forth in §
5.1;
7. Limitations on the number, location, type and size of signs or illumination, or modification of the design features thereof;
8. Limitations on construction activities, such as but not limited to, the hours during which construction activity may take place, the movement of trucks or heavy equipment on or off the site, and measures to control dirt, dust, and erosion and to protect existing vegetation on the site;
9. Requirements for independent monitoring, at the expense of the applicant, and reporting to the Building Commissioner, if necessary to ensure continuing compliance with the conditions of a special permit or of this bylaw;
10. Limitations on the period of time the special permit shall be in effect; and
11. Such other limitation as may be reasonably related to reducing any adverse impact on, or increasing the compatibility of the proposed use, structure or activity with, the surrounding area.
9.4.4 Procedures. An application for a special permit shall be filed in accordance with the rules and regulations of the SPGA.
9.4.5 Security for Special Permits.
1. General. The SPGA, as a condition of granting a special permit, may require that the performance of the conditions and observance of the safeguards of such special permit be secured by one, or in part by one and in part by the other, of the methods described in the following provisions. The SPGA shall administer this securing of performance by either:
a. A proper bond or a deposit of money or negotiable securities or letter of credit, sufficient in the opinion of the SPGA to secure performance of the conditions and observance of the safeguards of such special permit; or,
b. A covenant running with the land, executed and duly recorded by the owner of record, whereby the conditions and safeguards included in such special permit shall be performed before any lot may be conveyed other than by mortgage deed. Nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant of the entire parcel of land, the development of which is governed by the special permit.
2. Reduction of security. Until completion of the development the penal sum of any deposit or security held under §
9.4 may from time to time be reduced by the SPGA to an amount not less than 15% of the value of work originally estimated.
3. Release of security. Upon the completion of the development or upon performance of the conditions and safeguards imposed by such special permit, security for the performance of which was given, the applicant shall send by registered mail to the SPGA an affidavit that the conditions and safeguards in connection with which such security has been given have been complied with. If the SPGA determines that the conditions and safeguards of the special permit have been complied with, it shall release the interest of the Town in such security, return or release the security to the person who furnished the same, or release the covenant by appropriate instrument, duly acknowledged. If the SPGA determines that the conditions or safeguards included in the special permit have not been complied with, it shall specify the conditions or safeguards with which the applicant has not complied in a notice sent by registered or certified mail to the applicant.
4. Failure to act. If the SPGA fails to send such a notice within 60 days after it receives the applicant's affidavit, all obligations under the security shall cease and terminate, any deposit shall be returned and any such covenant become void.
5. Failure to complete work. Upon failure of the applicant to complete such work to the satisfaction of the SPGA and in accordance with all applicable plans, regulations and specifications, the Town shall be entitled to enforce such bond or to realize upon such securities to the extent necessary to complete all such work without delay.
9.4.6 Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, §
17, from the grant thereof) with the Town Clerk.
9.4.7 Modifications. Any modification to an approved special permit requires prior approval from the SPGA. Certain requests may be considered as a minor modification, authorized by a majority vote of the SPGA. Minor modifications shall be limited to changes that do not have a material impact on the project permitted by the special permit, appeal variance or comprehensive permit, and do not grant any zoning relief not originally requested or approved. Minor modifications shall be consistent with the Zoning Bylaw. If the SPGA in its review determines that a requested modification constitutes a major modification, it shall require the submission of an application for amendment requiring a new public hearing pursuant to MGL c.
40A.