Special permits are intended to provide detailed review of certain
uses and structures which may have substantial impact upon traffic,
utility systems, and the character of West Springfield.
The Planning Board and the Board of Appeals are hereby declared
special permit granting authorities, and are authorized to hear and
decide upon applications for special permits in accordance with MGL
Chapter 40A and the provisions of this ordinance. The special permit
granting authority (hereinafter "SPGA") shall hear and approve, approve
with modifications or conditions, or disapprove all applications for
special permits. No special permit shall be authorized unless specific
provision for such special permit is made in this ordinance.
The following words or terms shall have the following meanings
within the context of this article of the ordinance:
COMMENCED
A point in time where the physical construction of a building
has begun. Site work related to grading shall not be included in this
definition.
SUBSTANTIALLY COMPLETED
The point in time at which appraised value of completed structural
improvements equals or exceeds 75% of the market value of the completed
structure.
The SPGA may grant a special permit authorized by this ordinance
if the SPGA finds that the following standards have been reasonably
fulfilled. In making its decision, the SPGA must make written findings
on the following mandatory standards requiring that a proposed use,
building and/or structure will:
A. Be compatible in type and scale with adjacent land uses and with
the character of the neighborhood in which it is located.
B. Be in harmony with the general purpose and intent of this ordinance.
C. Constitute no significant hazard to abutters, pedestrians, or vehicles.
D. Constitute no nuisance by reason of excessive air, water or noise
pollution.
E. Be in conformity with all applicable Zoning Ordinance requirements.
The SPGA may include in its written findings, where applicable,
consideration of any or all of the following criteria to be satisfied
by the proposed use, building or structure:
A. Access to the site from existing or proposed roads, and to proposed
structures thereon, with particular reference to pedestrian and automotive
safety and convenience, traffic flow and control, and access in case
of fire or emergency.
B. The adequacy and configuration of off-street parking and loading
areas, including their nuisance and economic impact on adjoining properties
and on properties generally in the district.
C. The availability and capacity of public services, facilities, and
utilities.
D. Visual and noise screening and buffering.
E. Harmony of signs and exterior lighting, if any, with surrounding
properties.
F. Required yards and open space.
G. The amount and type of wastes to be generated by the proposed use
and the adequacy of proposed disposal systems.
H. The impact of the proposed use on the land, surface water and subsurface
water, and their ability to sustain such use without degradation.
I. The location of the site and proposed buildings or structures thereon,
with respect to floodplains and floodways of rivers or streams.
J. The absence of any other characteristic of the proposed use that
will be hazardous, harmful, offensive or will otherwise adversely
affect the environment or the value of the neighborhood or the community.
K. Provisions for energy conservation, for the use of renewable energy
sources, and for protection of solar access.
No petition or application for a special permit under this article
which has been unfavorably acted upon by the SPGA shall be considered
on its merits by said SPGA within two years after the date of such
unfavorable action, except with the consent of all members of the
special permit granting authority.