Every application for a special permit shall be made on the
official form of the Planning Board, which may be obtained from the
Town Clerk or the Department of Planning and Community Development.
Any communication purporting to be an application shall be treated
as a notice of intention to apply until such time as it is made on
the official application form and filed with the Town Clerk and the
Planning Board. The application form is hereby made a part of these
rules and regulations.
Any application for a special permit may be withdrawn without
prejudice by notice in writing to the Planning Board with a copy to
the Town Clerk prior to the publication of the public hearing notice
by the Board. Requests to withdraw without prejudice after publication
of the public hearing notice may be granted by a majority vote of
the Board upon written request from the applicant.
Once a decision has been voted upon and the meeting adjourned,
there shall be no reconsideration of a decision by the Board.
Special permits shall expire within two years of approval, if
a substantial use thereof or if construction has not commenced. An
extension may be granted by the Board for the time period required
to pursue or await the determination of an appeal under MGL c. 40A,
§ 17, or for other good cause.
No appeal, application or petition which has been unfavorably
and finally acted upon by the Planning Board shall be acted favorably
upon within two years after the date of final unfavorable action unless
the Planning Board finds, by a two-thirds vote of a Board of more
than five members, specific and material changes in the conditions
upon which the previous unfavorable action was based, and describes
such changes in the record of its proceedings, and unless all but
one of the members of the Planning Board consents thereto and after
notice is given to parties in interest of the time and place of the
proceedings when the question of such consent will be considered.
Such notice shall be paid for by the applicant.
Any advice, opinion, or information given by any Board member
or any other official or employee of the Town shall not be binding
on the Board.
These rules may be amended by a majority vote of the members
of the Board, provided that such amendment shall be presented in writing
at a regular meeting and action taken thereon at a subsequent regular
meeting. The amendment of the General Laws or the Zoning Ordinance
in respect to any matter covered by these rules and regulations will
constitute automatic amendment.
Strict compliance with these rules and regulations may be waived
when, in the judgment of the Planning Board, such action is in the
public interest.
When considering approval of special permits, the Planning Board
may require ongoing monitoring of certain aspects of the project at
the applicant's expense.