A.
Special permits are required for certain uses, structures or conditions as specified in Article III, Schedule of Use Regulations.[1]
[Amended 4-12-2022]
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
B.
Purpose. 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 the Town, among other
things. The special permit review process is intended to ensure a
harmonious relationship between proposed development and its surroundings,
and ensure the proposals are consistent with the purpose and intent
of this bylaw.
C.
Special permit granting authority (SPGA). The Planning Board shall
be the special permit granting authority.
A.
Special permits may be issued by special permit granting authorities
in accordance with MGL c. 40A, § 9 and with the following
regulations:
(1)
Public hearing.
(a)
Special permits shall only be issued following a public hearing
held within 65 days after filing an application with the special permit
granting authority, a copy of which shall forthwith be given to the
Town Clerk by the applicant. The SPGA shall take final action on an
application for special permit within 90 days following the public
hearing. Failure to do so shall constitute approval. A vote of at
least four members of the Planning Board is required.
[Amended 4-12-2022]
(b)
Projects requiring both site plan review and special permit.
The period of review for site plan review and special permit shall
be the same as any other special permit and shall conform to the requirements
of MGL c. 40A, § 9. Specifically, a joint public hearing
to address the special permit application and the site plan review
application shall be held within 65 days of the filing of a special
permit application with the special permit granting authority (SPGA).
The SPGA shall then have 90 days following the public hearing in which
to act.
(2)
Application procedures.
(a)
All applications for special permits shall be made in writing on forms furnished by the Planning Board and located in the Planning Board office and shall be accompanied by a site plan when required in accordance with Article III, Schedule of Use Regulations.
(b)
Misrepresentation of any of the required plan items shall be
cause to revoke a special permit.
(3)
Quorum requirement. Four members of the Planning Board must
be present in order to hold a public hearing. Only members who have
attended the public hearing may vote on whether or not to grant a
special permit.
[Amended 4-12-2022]
B.
Expiration.
(1)
Construction or operations under a special permit shall conform
to any subsequent amendment of this bylaw unless the use or construction
is commenced within a period of six months after issuance of the permit;
additionally, in cases involving construction begun within such six-month
period, such construction shall be continued through to completion
as continuously and expeditiously as is reasonable.
(2)
A special permit granted under this section shall lapse after
a period of one year has passed if substantial use has not sooner
commenced, except for good cause, or, in the case of permit for construction,
if construction has not begun by such date, except for good cause.
This period shall not include such time required to pursue or await
the determination of an appeal referred to in MGL c. 40A, § 17.
[Amended 4-12-2022]
C.
Application and review procedures.
(1)
The size, form, contents and style of plans and specifications
required as part of an application for a special permit are available
in the Planning Board office.
(2)
Upon receipt of an application, the SPGA shall submit one copy
of said application and plan to the Board of Appeals, the Planning
Board, the Board of Health and the Conservation Commission for their
review. Said Boards and Commission shall, within 30 days, make recommendations
as they deem appropriate and shall send copies thereof to the SPGA
and to the applicant in accordance with MGL c. 40A, § 11.
(3)
The SPGA may also, at its discretion, transmit copies to the
Superintendent of Public Works for review within 30 days in accordance
with MGL c. 40A, § 11. Special permit requests for used
motor vehicle storage or sales must be transmitted to the Department
of Public Works for review and comment under these provisions. The
decision of the SPGA shall be made only after obtaining and considering
the recommendations of other appropriate Town boards, commissions,
departments and agencies.
D.
Modification, amendment, renewal or revocation.
(1)
The SPGA shall have the authority to modify, amend or review
its approval of a special permit upon written application of the owner,
lessee or mortgagee of the premises; provided, however, that such
action is consistent with the purpose and intent of this bylaw, and
a public hearing has been held.
(2)
The SPGA, subsequent to the granting of a special permit, or
any extension, modification or renewal thereof, shall retain the right
to revoke said special permit, or the extension, modification or renewal
thereof, upon its determination that the use or construction authorized
by the granting, extension, modification or renewal of the special
permit does not conform to the general or specific provisions set
forth in this bylaw pertinent to the particular special permit under
consideration. The SPGA shall conduct a meeting for the purpose of
deciding whether or not to revoke a special permit, or any extension,
modification or renewal thereof, and shall notify the holder of any
such permit of the time and place of such a meeting and shall afford
the holder of the special permit the opportunity to present its position
to the SPGA. Not later than 20 days after the completion of any such
meeting, the SPGA shall send written notice to the holder of the special
permit of its decision.
E.
Transfer. Where a special permit involving the construction of buildings
has not been implemented by substantial construction, said permit
shall not pass to future owners of the property without a public hearing
and approval of the SPGA.
F.
Document distribution. When a special permit has been granted, one
copy each of the decision, conditions and approved plans shall be
filed with the Planning Board, the Zoning Board of Appeals, the Town
Clerk and the Building Commissioner, and one copy shall be returned
to the applicant. The set of documents on file with the Town Clerk
shall bear the endorsement of the SPGA and certification that copies
of the decision and related plans have been filed in accordance with
this section.
G.
Time schedule. A special permit shall only be issued following a
public hearing held within 65 days after the SPGA receives the application
from the Town Clerk. The SPGA shall act within 90 days following the
public hearing. Failure of the SPGA to make final action upon an application
for a special permit within said ninety-day period shall be deemed
to be a granting of the special permit applied for.
The following general standards and conditions, in addition
to the specific standards and conditions set forth in the dimensional
and density regulations, shall be met before a special permit can
be granted by the special permit granting authority:
A.
The specific site must be an appropriate location for the use, structure
or condition.
B.
The use as developed will not adversely affect the neighborhood.
C.
There will be no nuisances, such as noise etc., or safety hazards
created.
D.
Adequate and appropriate facilities will be provided for the proper
operation of the proposed use.
E.
Appropriate screening by walls, fences, planting or other devices
shall be provided for parking areas.
F.
Exterior features or appearance will not be detrimental to the surrounding
neighborhood.
G.
Number and design of access drives and traffic features shall be
adequate for intended use.
H.
Uses must be in harmony with the general purpose and intent of the
Zoning Bylaws.
I.
All required state and local licenses must be acquired and kept current.
Failure to meet this criterion is grounds for revocation of the special
permit by the special permit granting authority.
[Added 6-15-2021]
In all zoning districts, the following uses may be allowed only
under a special permit, which may be issued under specified terms
and conditions granted by the SPGA after a public hearing:
A.
The removal, from any site, for profit or benefit or for any other
purpose, of gravel, sand, loam or any other earth material, provided:
[Amended 4-12-2022]
(1)
No material is removed below the average grade of the nearest
public or private way.
(2)
No adverse effect is caused within abutting private or public
property.
(3)
At the conclusion of the operation or of any substantial portion
thereof, the whole area where removal takes place shall be covered
with not less than four inches of loam and seeded with suitable cover
crop.
(4)
The applicant for such special permit shall submit a plan to
the SPGA indicating:
(a)
Existing grades in the area from which the above material is
to be removed, together with finished grades at the conclusion of
the operation with grade contour intervals shown at no more than two
feet.
(b)
The provision for proper drainage of the area of the operation,
both during the operation and after its completion.
(c)
That no bank or cut shall exceed a slope of one foot of vertical
rise in two feet of horizontal distance.
(d)
The grades of the nearest public or private way.
(e)
The grades within any abutting private or public property.
|
Such plan shall be signed and sealed by a professional engineer
in conformity with applicable laws of the commonwealth.
|
(5)
In any district, gravel, sand, loam or other earth material
may be removed from the area covered by a building or other construction
operation, as evidenced by a current and valid building permit, provided
that if such material is removed from the site in consideration of
profit or benefit or for any other purpose, a special permit is required.
In the area affected by such operation, no less than four inches of
loam shall remain, or be brought in and spread, and provided that
the entire open area disturbed is seeded with a suitable cover crop.
Filled areas shall be properly drained and covered in the same manner.
[Amended 4-12-2022]
(6)
Removal of gravel, sand, loam or other earth material from any
portion of any premises which is not part of a building or construction
operation as evidenced by a current and valid building permit shall
be prohibited unless allowed by the issuance of a special permit in
accordance with the foregoing procedure.
[Amended 4-12-2022]
B.
The following earth removal operations are exempt from the requirements of Subsection A:
(1)
Residential driveway construction.
(2)
Single-house lot development which involves the removal of earth
materials.
[Amended 4-12-2022]
(3)
Earth removal operations conducted by the Town of East Longmeadow.
(4)
Portable wood-working mills and machinery, while operating exclusively
upon timber being removed from the property upon which said mills
and machinery are located and operated for commercial gain, provided
that the disposal and disposition of the debris left after such operation
is conducted in accordance with applicable Massachusetts General Laws.
[Amended 4-12-2022]
In Residence Districts, family home day-care may be allowed
by special permit. The SPGA shall not grant or renew a special permit
for the use, construction, extension or modification of a family home
day-care unless:
A.
In Residence Districts, the SPGA shall not grant or renew a special permit for the use, construction, extension or modification of a hospital, sanitarium, medical clinic, convalescent home, assisted-living facility, congregate elderly and handicapped housing or nursing home unless the standard conditions enumerated in § 450-8.3 are met and unless the following specific standards and conditions are also met:
B.
A plan of development shall be submitted to the SPGA for review,
and such plan must be approved by said SPGA before a building permit
shall be issued. The SPGA, in reviewing such plan, shall obtain and
consider the recommendations of the various Town boards and commissions.
In review of such plan, the following standards shall be met:
(1)
The proposed uses should complement and be in harmony with the
existing and probable future character of the neighborhood.
(2)
Main and accessory buildings shall be located in relation to
one another and in relation to other structures in the vicinity to
provide efficient pedestrian and vehicular access and circulation,
and to create harmonious appearance. No building shall be built within
50 feet of any property line.
(3)
The plan of development shall show a twenty-foot landscaped
buffer zone between buildings, roads, parking areas and any other
adjacent property.
(4)
The plan shall provide, within the site, efficient traffic circulation
and adequate parking (amount, location and access). The plan of development
shall not create excessive traffic load or circulation problems on
existing adjacent or nearby streets.
(5)
Sufficient domestic water and sanitary sewage disposal facilities
shall be available.
(6)
The development shall be designed so as to protect adjacent
property and the neighborhood in general from detrimental effects.
(7)
The proposed use is essential or desirable to the public convenience
or welfare.
(8)
Compliance with local, state and federal laws and regulations
or agencies thereof.
(9)
The special permit granting authority may require any additional
information needed to permit a thorough review.
[Amended 4-12-2022]
In the Business District, used car lots may be allowed by special permit. The SPGA may issue a special permit allowing buildings, structures or land to be used for the sale of, and storage for sale of, used motor vehicles. Issuance of said special permit shall be subject to the general standards and conditions enumerated in § 450-8.3 and the following provisions:
A.
This use will only be allowed in a Business District, as indicated on the Zoning Districts Map identified in § 450-2.1.
B.
The lot shall have a minimum of 20,000 square feet with a minimum
of 150 feet frontage on an accepted way.
C.
Not more than 75% of the lot shall be occupied by buildings, parking
area or other facilities. At least 25% of the lot area shall be left
as green open space.
D.
Buildings, structures or any of their appurtenances or accessory
uses shall hereafter be erected not less than 100 feet from any Residence
District. Such buildings shall have no entrances or exits for motor
vehicles within a radius of 300 feet measured from the nearest point
of such entrances or exits in any direction to the property of any
school, library, church, playground, public building, park, recreation
center, social or community center or any institution for the sick,
handicapped or feeble. No building, structure or any of their appurtenances
or accessory uses shall be placed so that their entrances or exits
constitute a potential traffic hazard, and such entrances and exits
to public ways of the Town of East Longmeadow shall be approved by
the Department of Public Works as to locations and construction, and
approved by the Planning Board as to their conformity with the intent
and purpose of this bylaw. A plot plan for any such use as described
herein shall be reviewed by the Town Manager and the Department of
Public Works prior to the issuance of a building permit or the occupancy
or use of land for the purpose described in this section.
E.
No part of any building or structure shall be erected or altered so as to be less than 25 feet from the street line. Side yards and a rear yard shall not be required for a business building or structure, except as required in Subsection D above. The 15 feet of such rear or side yard nearest to the Residence District shall be left as a natural wooded buffer, or if none exists, shall be landscaped by providing trees, shrubs or fencing to provide a practical buffer between the two districts. The establishment of this buffer strip shall be an integral part of any required parking plan.
F.
Building area shall not exceed 25% of the lot area. Plot plans must be submitted to the Planning Board for approval of parking provisions in all cases, and to the Department of Public Works in accordance with the General Bylaw of the Town of East Longmeadow, Chapter 416, Vehicles and Traffic, § 416-3, where applicable.
In residential districts: The special permit granting authority (hereinafter referred to as the "SPGA") may issue a special permit allowing a home-based trade operation (see Article XI, Definitions, "home-based trade"). The availability of this special permit will be limited to those residential zone home-based trade operations in existence in a residential district as of the date of the first publication of notice for the public hearing to amend this § 450-8.8, which is January 28, 2008. Issuance of the special permit shall be subject to the general standards and conditions enumerated in § 450-8.3 of this bylaw and the following provisions:
A.
This use will only be allowed in Residence Districts AA, A, B and
C.
B.
Any person wishing to obtain a special permit for this limited use
must present satisfactory documentation, as determined by the SPGA,
which validates the applicant's ownership of and residence at the
property and business existence and operation in the residential district
as of the date of the first public notice for the public hearing for
this section, which is January 28, 2008. Documentation may include,
but is not limited to, paid excise tax bills on the business vehicles
validating existence at the residential site.
C.
These specific uses will terminate upon the termination of the existing operation as approved and permitted or upon the sale of the property to a non-family member. Said business is not transferable to anyone other than an immediate family member as defined in Article XI of this bylaw.
D.
All eligible applications for special permit for this limited use
must be filed with the Planning Board office on or before December
31, 2008.
E.
The special permit application shall include a site plan designating
lot size, existing structures, vehicle/parking footprint, storage
area, vehicle access and egress from the rear property and placement
of required screening. "Vehicle" references throughout this section
refers to home-based trade vehicles, unless otherwise specified. All
dimensional regulations (Table 3-2[1]) for residential districts remain in effect for residential parcels acquiring a home-based trade. All vehicles and trailers are to be listed as to type and size, as well as any outside storage of equipment and wheeled accessories (see Article XI, Definitions, "trailer" and "wheeled accessory"). All materials and chemicals as well as all hazardous materials are to be listed and in compliance with the East Longmeadow Zoning Bylaws and the East Longmeadow Fire Department regulations.
[1]
Editor's Note: Table 3-2 is included as an attachment to this chapter.
F.
Outside storage of materials or equipment required by the home-based
trade shall not exceed 6% of the lot size, excluding wetland resource
areas as defined by the Wetland Protection Act (MGL c. 131, § 40).
Said storage shall be garaged or properly screened from sight of abutting
properties and ways (as determined by the SPGA) to the rear of the
principal building. Storage containers and trailer beds and/or trailer
bodies shall not be permitted.
G.
Not more than 20% of the habitable floor area within the principal
building shall be dedicated for the business use. Said area is to
be designated on a site plan approved by the SPGA and made a part
of said special permit.
H.
The number of employees' vehicles allowed at the residential home-based
trade business location shall be limited to the number of trade vehicles
permitted on the site, as conditioned by the special permit.
I.
No retail or wholesale activities shall be allowed on the premises.
J.
No fabrication of subassemblies or manufacturing of any type shall
be allowed on the lot.
K.
No signage (other than logos on company vehicles) shall be allowed.
L.
Presence of the business shall not be apparent from the street.
M.
The hours of operation shall be permitted from 7:00 a.m. to 8:00
p.m., Monday through Saturday, to get crews and material off-site
in the morning and return in the evening, with all work being performed
off-site, with no operation on-site on Sunday. Emergencies and/or
weather responses involving the health and welfare of the citizens
are exempt from the conditions of this subsection. Said emergencies
shall be determined by the SPGA.
N.
Noise regulations enumerated in the East Longmeadow General Bylaws Chapter 363, Noise, shall be applicable to any special permit issued under this section. Vehicles with back-up signal alarms shall be placed so as not to activate during the early morning or late night hours in the case of emergency and/or weather responses.
O.
Idling of vehicles shall not exceed the five-minute maximum limit
as regulated by MGL c. 90, § 16A.
P.
Vehicle and equipment repairs are limited to those that are related to the home-based trade and approved for the site as conditioned through the special permit. All repairs are to be done only within a garage or accessory structure, not to cause any disturbing noise or air pollution to the neighborhood. As required by Chapter 363, Noise, of the East Longmeadow General Bylaws, repairs shall take place between the hours of 7:00 a.m. to 8:00 p.m., Monday through Saturday, with no activity on Sunday.
Q.
The number of trade vehicles and/or trailers shall be limited as
follows:
|
Lot Size Minimum
(square feet)
|
Maximum Number of Vehicles/Trailers Allowed
|
|---|---|
|
10,000
|
1 trade vehicle and 1 trailer
|
|
20,000
|
2 trade vehicles and 2 trailers
|
|
30,000
|
3 trade vehicles and 3 trailers
|
|
40,000
|
4 trade vehicles and 4 trailers
|
|
60,000 and above
|
5 trade vehicles and 5 trailers
|
R.
The size of trade vehicles shall be limited to six wheels/two axles
maximum. The maximum wheel base length shall be 210 inches, and the
maximum trailer bed and/or body length shall not exceed 22 feet in
length, nor exceed 13 feet six inches in height, as regulated by the
Department of Transportation. Ten-wheeled vehicles, dry van/box trucks
or any tractor-trailer vehicles are not permitted.
S.
The vehicle footprint for trade vehicles and/or trailers is as follows: All vehicles and/or trailers shall be located to the rear of the principal building and said location shall adhere to the established setbacks of the principal building, as required for the appropriate residential district in which the home-based trade is located. In the case of a corner lot, the side yard facing a public way shall adhere to the front yard setback. (See Article XI, Definitions, "corner lot.")
T.
All vehicles must be garaged and/or screened to the rear of the principal
building. No on-street parking, as it relates to the home-based trade,
shall be allowed. The parking of employee vehicles is limited to the
number of trade vehicles, exclusive of trailers, approved for the
site. When trade vehicles are in use, the trade vehicle footprint
may be occupied with employee vehicles. The footprint for employee
parking shall not exceed the footprint for trade vehicles, as approved
through the special permit and shown on the plan.
U.
All vehicles, equipment and storage materials must be screened to
prevent being seen from street view and that of the abutting properties.
All storage, which includes vehicles and equipment, is to be properly
screened to the rear of the principal building. Screening is subject
to existing features of the parcel and may include plantings at four
feet to five feet minimum, fence material, or some combination. Should
fencing be required, it must be installed at the time of the special
permit approval.
A.
Any person or entity seeking to open a new or to maintain an existing
massage therapist facility must submit a floor plan for the premises
or portions thereof to be used in connection with the massage therapist
facility.
B.
Every massage therapist facility shall file with the special permit
application:
(1)
A copy of its state license as a massage therapy salon and the
state massage therapist license for each massage therapist employed
at the facility.
(2)
Photo identification, either a driver's license or a state-issued
alternative for non-drivers, for each massage therapist and any other
employee, the current residential address and telephone number of
each massage therapist. This information shall be updated annually
in December. If a massage therapist or a non-therapist employee is
hired during the calendar year, said information shall be filed with
the special permit granting authority before the therapist or employee
begins work.
C.
Violations of the provision of this section or performance of any
criminal activity by a massage therapist or other employee while on
the premises shall be sufficient cause to revoke the special permit.
D.
Every massage therapist facility currently operating in East Longmeadow
shall apply for and obtain a special permit for the facility by December
31, 2012.
E.
Any new massage therapist facility, before opening for business,
must obtain a special permit under this section.
A.
Any person or entity seeking to open a new or to maintain an existing
RMD facility must:
(1)
Complete an application for a special permit and submit it to
the Planning Board, which is the special permit granting authority.
(2)
The special permit for an RMD shall be limited to one or more
of the following uses that shall be prescribed by the special permit
granting authority:
(a)
Cultivation of marijuana for medical use (horticulture) (special
permit not required for sites meeting agricultural exemption standards
pursuant to MGL c. 40A, § 3);
(b)
Processing and packaging of marijuana for medical use, including
marijuana that is in the form of smoking materials, food products,
oils, aerosols, ointments and other products;
(c)
Retail sale or distribution of marijuana for medical use to
qualifying patients; or
(d)
Wholesale sales of marijuana for medical use to other RMDs in
Massachusetts.
(3)
In addition to the application requirements set forth in this
bylaw, a special permit for an RMD shall include the following:
(a)
The name and address of each owner of the facility;
(b)
Copies of all required licenses and permits issued to the applicant
by the Commonwealth of Massachusetts and any of its agencies for the
facility;
(c)
Evidence of the applicant's right to use the site or structure,
such as a deed or lease;
(d)
If the applicant is a business organization, a statement under
oath disclosing all of its owners, shareholders, partners, members,
managers, directors, officers or other similarly situated individuals
and entities and their addresses. If any of the above are entities
rather than persons, the applicant must disclose the identity of the
owners of such entities until the disclosure contains the names of
individuals;
(e)
Proposed security measures for the RMD, including lighting,
fencing, gates and alarms, etc. to ensure the safety of persons and
to protect the premises from theft; and
(4)
Mandatory findings. The special permit granting authority shall
not issue a special permit for an RMD unless it finds that:
(a)
The facility is designed to minimize any adverse visual or economic
impact on abutters and other parties in interest (as defined in MGL
c. 40A, § 11);
(b)
The facility is fully permitted by all applicable agencies within
the Commonwealth of Massachusetts and is in compliance with all applicable
state laws and regulations;
(5)
Annual reporting. Each RMD permitted under this bylaw shall,
as a condition of its special permit, file an annual report to and
appear before the special permit granting authority no later than
January 1 of each year, providing a copy of all current applicable
state licenses for the facility and/or its owners.
(6)
A special permit granted under this section shall have a term
limited to the duration of the applicant's ownership of the premises
as an RMD.
(7)
Any violation of this section shall be grounds for revocation
of a special permit issued under this section.
B.
Waiver. The special permit granting authority, when granting a special
permit under this section, may waive setback requirements, provided
the applicant submits its request in writing and can demonstrate the
proposed site will not have an adverse effect upon the surrounding
neighborhood. The special permit granting authority reserves the authority
to require the applicant to produce necessary documentation to support
its position. Further, a waiver of setback requirements shall require
both the affirmative vote of 3/4 of all the members of the special
permit granting authority and shall require a separate vote apart
from the main vote on the proposed site.
A.
Retail sales as a primary use are prohibited in the Industrial Garden
Park District.
[Amended 4-12-2022]
B.
Inside incidental sales shall be allowed, provided that they are
related to the merchandise manufactured and that they are ancillary
and secondary to the primary use and meet the following specifications:
(1)
The allowed items are to be sold at a counter only. No one from
the public is allowed in the main part of the building.
(2)
No more than 10% of the floor area of a business establishment
shall be utilized for retail sales activities. In no event shall the
area of the retail sales exceed 1,000 square feet.
[Amended 4-12-2022]
(3)
In the event a building is occupied by two or more business
establishments, not more than 10% of the floor area of the individual
business establishment shall be devoted to retail sales. In no event
shall the area of the retail sales exceed 1,000 square feet.
[Amended 4-12-2022]
(4)
An interior floor plan to scale must be submitted with the special
permit application, with the area to be devoted to sales clearly defined.
(5)
A list of retail items to be sold shall be provided to and approved
by the Planning Board along with the special permit application.
[Added 2018; amended 4-12-2022]
In addition to the requirements of §§ 450-8.1, 450-8.2 and 450-8.3 of the East Longmeadow bylaws, and for an application for an adult use to be considered complete, the following additional criteria must be met:
A.
Adult uses may not be located:
(1)
Within 1,000 feet of each other;
(2)
Within 1,000 feet of the nearest lot line of a residential district;
(3)
Within 1,000 feet of a place of worship;
(4)
Within 1,000 feet of a school property line or other nonprofit
educational use, library or museum;
(5)
Within 1,000 feet of a playground or a park.
B.
Signage must meet all requirements of § 450-5.8 of this bylaw, except that no advertisement, display or other promotional material is to be visible to the public from any public way, including but not limited to pedestrian walkways.
C.
If the adult use allows for the showing of films or videos within
the premises, the booths in which the films or videos are viewed shall
not be closed off by curtains, doors or screens or any other materials.
All shall be clearly seen from the center of the establishment.
D.
The application for the special permit shall contain the following:
(1)
Names and address of the legal owner of the establishment;
(2)
Name and address of all persons having a lawful, equity or security
interest in the establishment;
(3)
A sworn statement must be provided stating that neither the
applicant nor any person having an equity or security interest in
the establishment has been convicted of violating MGL c. 119, § 63
or MGL c. 272, § 28.
(4)
Propose security precautions.
(5)
The number of employees.
E.
No special permit shall be issued under this section to any person
convicted of violating MGL c. 119, § 63 or MGL c. 272, § 28.
F.
For the purpose of this bylaw, the term "substantial or significant portion" (See Article XI, "adult use" definitions.) shall mean 10% or more of gross sales for an adult bookstore, adult video store and adult paraphernalia store; and any form or amount of nudity for an adult club.
G.
No obscene matter, material or conduct, as defined in MGL c. 272,
§ 31, shall be permitted.
H.
Should any provision of this section be declared illegal or unenforceable
by the Attorney General or an appeals court, then it shall be deem
stricken from the bylaw and the remaining provisions shall remain
in full force and effect.
A special permit for nonconforming uses is required as set forth under § 450-3.5 of the Zoning Bylaw.
In the Floodplain District, a special permit is required for any construction, development or grading of any nature or description within the floodplain as set forth under Article IV of the Zoning Bylaw.
Uses, whether or not on the same parcel as activities permitted
as a matter of right, accessory to activities permitted as a matter
of right, which activities are necessary in connection with scientific
research or scientific development or related production, may be permitted
upon the issuance of a special permit, provided the SPGA finds that
the proposed accessory use does not substantially derogate from the
public good.
