Article VII Uses by Special Permit

Within five days after receipt of an application for special permit, the special permit granting authority shall transmit copies thereof, together with copies of the accompanying plans, to the Planning Board (when it is not the special permit granting authority), the Conservation Commission, the Select Board (when it is not the special permit granting authority), the Board of Health and such other municipal boards or agencies as the special permit granting authority may designate by rule or regulation. All such boards shall investigate the application and report in writing their recommendations to the issuing special permit granting authority.

[Amended 10-19-2021 STM by Art. 6]

The special permit granting authority shall not take final action on such application until it has received a report thereon from any of the boards listed above or until said boards have allowed 21 days to elapse after the receipt of such application without submission of a report; provided, however, that the Planning Board shall have 45 days from its receipt of a site plan to render and transmit its decision to the special permit granting authority. Such period may be extended upon the written request of the applicant, and, in such cases, the special permit granting authority shall request of the applicant a corresponding extension of time for its final action.

§ 230-7.2 General requirements.

[Amended 11-19-1985 STM by Art. 8; 3-10-1997 STM by Art. S14]

Special permits shall be granted by the special permit granting authority, 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. In addition to any specific factors that may be set forth in this bylaw, the determination shall include consideration of each of the following:

Social, economic or community needs which are served by the proposal;

Traffic flow and safety, including parking and loading;

Adequacy of utilities and other public services;

§ 230-7.4 Uses authorized by special permit.

Neighborhood character and social structures;

(5)

Impacts on the natural environment; and

(6)

Potential fiscal impact, including impact on Town services, tax base, and employment.

Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use as the special permit granting authority may deem necessary to serve the purposes of this bylaw. Special permits shall lapse 36 months following final action (plus such time required to pursue or await the determination of an appeal referred to MGL c. 40A, § 17, from the grant thereof) if a substantial use thereof has not commenced nor construction begun, except for good cause.

§ 230-7.3 Public hearings.

A special permit granting authority shall grant special permits only after public hearings held in conformity with the provisions of Chapter 40A of the General Laws, including due notice to parties in interest, the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within 300 feet of the property line of the petitioner, as shown on the most recent applicable tax list (including any such owner of property in another city or town), the Planning Board of the Town of Marion, and the Planning Boards of the Towns of Mattapoisett, Rochester and Wareham.

The procedure for the issuance of special permits, including applications, notices, public hearing, filing of decisions and other procedural requirements, shall be as provided in Chapter 40A of the General Laws and in the rules to be adopted by the special permit granting authority and filed with the Town Clerk in accordance with said Chapter 40A.

[Amended 11-19-1985 STM by Arts. 8, 9; 3-28-1989 STM by Art. 5; 4-22-1991 ATM by Art. 18; 4-22-1996 ATM by Art. 27; 3-10-1997 STM by Art. S14; 11-13-2000 STM by Art. S7; 10-15-2001 STM by Art. S13; 4-22-2002 ATM by Art. 21]

Where eligible for consideration in the Table of Principal Uses, applications for the following types of special permits shall be governed by these rules:

Bed-and-breakfast establishments.

An owner or owners of a residence may apply for a special permit for a bed-and-breakfast establishment.

The special permit granting authority (SPGA):

(a)

Shall make a finding that the issuance of a special permit use shall not result in increased congestion or other adverse impacts which will tend to reduce neighborhood amenities or the value of surrounding properties.

(b)

Shall make a finding that the issuance of a special permit shall not make existing wastewater systems inadequate and will cause no undue crowding on or near the site in order to provide required parking space.

(c)

May allow up to, but no more than, four guest rooms per property.

(d)

Shall permit that breakfast may be the only meal served in such facility and that only guests residing in the structure may be served.

(e)

Shall require that the off-street parking ratio be one space per guest room with no less than one additional space for the owner. Parking to accommodate bed-and-breakfast clients shall not be located within the front yard between the residence and the street line except where the Board of Appeals finds that due to the considerable setback of the building from the street or other unique conditions pertaining to the lot, alternative off-street parking arrangements, such as an existing driveway, will not be detrimental to the neighborhood.

(f)

May find that in areas where there are small lots and a need to prevent excessive paving of yard areas, one or more of the required guest parking space requirements may be satisfied by the use of curbside parking where the Board of Appeals determines that there will be no significant adverse impact on the neighborhood or any individual abutter.

(g)

Shall require that the residence shall be managed by an owner residing on the property.

(h)

Shall state that the special permit shall not be transferable to a subsequent owner or another property.

(i)

Shall require that guests shall register upon arrival, stating their names and current residence address. The registration form shall be kept by the owner for a period of two years and shall be made available for a representative of the Town of Marion upon one day's notice.

(j)

Shall require that signs for bed-and-breakfast operations shall be consistent with those allowed for accessory uses in a residential district. See § 230-6.2.

(k)

Shall require that the establishment must comply with all necessary state or local permits and licenses.[1]

[1]

Editor's Note: Original Sec. 7.4.2, Conversion of a dwelling, which immediately followed this subsection, was repealed 4-26-2005 ATM by Art. 31.

Industry and manufacturing. No special permit shall be granted for any manufacturing use which would be detrimental, offensive or tend to reduce property values in the same or adjoining districts by reason of dirt, odor, fumes, gas, sewage, refuse, noise, excessive vibration or danger of explosion or fire.[2]

[2]

Editor's Note: Original Sec. 7.4.4, Nonconforming uses, which immediately followed this subsection, was repealed 4-29-2003 STM by Art. S6.

Piers as an accessory use. An accessory pier serving a single-family residence located on the same lot or an accessory pier in the Marine Business District may be approved by the Planning Board pursuant to the special permit regulations of this bylaw, provided that:

The Planning Board gives due consideration to the recommendations of the Marine Resources Commission and Conservation Commission.

The accessory use will not have an adverse impact on coastal ecology, recreational use of adjoining waters, or the use and enjoyment of the waterfront by adjoining property owners.

Alternatives in the form of an association pier or public pier are not reasonably available.

The lot for which the permit is sought fully conforms with the current area and frontage requirements for the district in which it is located or was lawfully in existence on May 1, 1996, at which time the lot conformed with the then-current area and frontage requirements for the district in which it was located.

[Amended 5-21-2012 ATM by Art. 32]

Association piers. An association pier may be granted a special permit, provided that:

Evidence is provided in the form of deed restrictions which restrict use of the pier to a defined geographical area or development. The developer shall include in the deed to the owners of individual lots within the defined areas beneficial rights to such association pier.

There are provisions assuring the maintenance of the pier facilities by the developer until taken over by a homeowners' association.

There are adequate provisions for assuring maintenance of the pier facilities by the homeowners' association. The Planning Board's attention is called to the requirements of § 230-8.5D, which generally would be applicable to an association maintaining a pier.

Due consideration has been given to screening any parking areas from adjoining or nearby residences.

(5)

The lot meets the minimum requirements for a single-family house lot in the district or was lawfully in existence on May 1, 1996, at which time the lot conformed with the then-current area and frontage requirements for the district in which it was located.

[Amended 5-21-2012 ATM by Art. 33]

(6)

There is no clubhouse facility.

(7)

Due consideration has been given to the report and recommendations of the Marine Resources Commission and the Conservation Commission.

Structural features exceeding 65 feet high. The Board of Appeals may grant a special permit where certain structures exceed 65 feet in height and are not in any way for living purposes. This applies to accessory features such as chimneys, ventilators, skylights, water tanks, bulkheads, domes, towers, and spires usually carried above roofs. It does not apply to wireless communications facilities.

Multiple-unit rental housing. The Planning Board may grant a special permit to allow for rental housing units on the second or third floor of an existing structure lawfully in existence as of the date of adoption of this subsection, provided the following criteria are met:

[Added 4-26-2005 ATM by Art. 32]

The structure is located in one of the following zoning districts: Limited Industrial, Limited Business, Marine Business or General Business, and the first floor shall be used for commercial purposes.

The structure was designed and principally constructed prior to 1931 or any structure constructed thereafter that can demonstrate historical significance to the Town of Marion.

The structure has a preexisting second and/or third floor that can accommodate multiple rental units.

The converted or altered structure shall conform to the historic architectural design and facade of the existing structure.

(5)

The proposed conversion or alteration of the structure will not cause an increase in the height of the existing structure by more than 15% of the existing structure.

(6)

The proposed conversion or alteration will not increase the total square footage of the interior area of the existing structure by more than 15% of the existing structure.

(7)

The proposed conversion or alteration receives site plan review and approval from the Planning Board.

(8)

The special permit shall become null and void and subject to immediate revocation if the rental units are ever converted to fee simple or interval ownership dwellings.

(9)

The Planning Board may approve greater than two rental units, but shall require as a condition of said approval that no less than 25% of the rental units approved be rented as affordable housing units in compliance with the definition of "affordable housing unit" in § 230-8.12B.

Kennel, commercial and kennel, hobby. A commercial kennel and hobby kennel may be granted a special permit by the Board of Appeals, provided the following criteria are met:

[Added 10-22-2018 STM by Art. S12]

The structure will provide the basic standards of cleanliness and proper care and confinement of said dogs on the premises.

§ 230-7.5 Special permits applicable to certain uses in Limited Business District.

The structure will not result in a health hazard or be injurious to the health of the neighbors by reason of prospective noise or otherwise.

[Added 11-19-1985 STM by Art. 8]

A use designated by § 230-4.2 as subject to this § 230-7.5 or the change or expansion of such a use, or the construction of, or addition to, any structure associated with such a use, shall be permitted only upon the issuance of a special permit pursuant to this section.

The Board of Appeals shall issue such a permit upon a finding that:

The intended use or structure will not cause any of the following:

(a)

Congestion in the streets that causes an adverse impact on vehicular traffic flow;

(b)

Danger to public health or safety;

(c)

Demands on the supply of public services beyond their capacity;

The proposed structure is no higher than any building on all adjoining lots; and