[Added 1981]
A. 
As required by Chapter 40A of the General Laws, this Zoning Bylaw provides for specific types of uses which are only permitted in specific districts upon the granting of a special permit by the special permit granting authority (hereinafter referred to as the "authority") in the manner provided herein. Special permits may be granted only for uses which are in harmony with the general purpose and intent of this bylaw and shall be subject to general and specific provisions set forth herein; and such permits may also impose conditions, safeguards and limitations on time and use, and may require reasonable security for their observance, including the giving of a bond to insure performance of the permit by the holder of the permit, in order thereby to further the objects of this bylaw.
[Amended 4-25-2023 ATM by Art. 23]
B. 
The Planning Board, when acting as the authority, shall have one associate member. The associate member shall be appointed by the Moderator for a term of two years. The associate member shall act in the case of absence, an inability to act, or conflict of interest on the part of any member of the Planning Board or in the event of a vacancy on the Board.
A. 
Rules for special permits. Each authority designated in this bylaw shall adopt and from time to time amend rules relative to the granting of special permits and shall file a copy of said rules in the office of the Town Clerk. Such rules may prescribe the size, form, contents, style, plans and specifications, and the procedure for a submission and approval of such permits.
B. 
Review boards. Upon the filing of an application for a permissive use hereunder, the authority shall submit copies thereof to each Town board designated as a review board under the provisions of this bylaw applicable to such use. Each such board shall review such application and make such written recommendations as it deems appropriate and shall send copies thereof to the applicant. The failure of any such board to make such written recommendations within 35 days from its receipt of such applications shall be deemed to be lack of opposition thereto.
C. 
Public hearing. Special permits shall only be granted following a public hearing held within 65 days after the filing of an application with the authority, a copy of which shall forthwith, within two business days, be filed by the applicant with the Town Clerk. Notice of such public hearing shall be given by publication, by posting and by mailing to "parties in interest" in full compliance with the procedures set forth in MGL c. 40A, § 11.
D. 
Issuance of permit within 90 days. The authority shall act within 90 days following said public hearing and shall, within said 90 days, issue to the owner, and to the applicant if other than the owner, a copy of its decision granting the special permit, or any extension, modification or renewal thereof, certified by the authority, containing the name and address of the owner, identifying the land affected, setting forth compliance with the statutory requirements for the issuance of such special permits and certifying that copies of the decision and all plans referred to in the decision have been filed with the Planning Board and the Town Clerk.
[Amended 4-25-2023 ATM by Art. 23]
E. 
Effective date of special permit. No special permit nor any extension, modifications or renewal thereof shall take effect until the date that a copy of the decision bearing the certification of the Town Clerk that 20 days have elapsed after the decision was filed in the office of the Town Clerk and that no appeal had been filed, or if filed has been dismissed or denied, is recorded with the Registry of Deeds for the Southern District of Middlesex County and indexed in the grantor index under the name of the owner of record or is registered and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or the applicant.
F. 
Denial of special permit. The authority may render a decision denying an application for a special permit and base such denial upon the failure of the proposed use to meet all applicable provisions of Chapter 40A of the General Laws and/or applicable provisions of this bylaw. In the event of such denial the authority shall, within 90 days following the aforesaid public hearing, issue to the owner, and to the applicant if other than the owner, a copy of its decision denying the special permit or any extension, modification or renewal thereof, certified by the authority, containing the name and address of the owner, identifying the land affected, setting forth the reasons for denying such special permit and certifying that copies of the decision and all plans referred to in the decision have been filed with the Planning Board and the Town Clerk.
[Amended 4-25-2023 ATM by Art. 23]
G. 
Moratorium following denial of special permit. Except as otherwise provided in MGL c. 40A, § 16, no application for a special permit hereunder which has been denied by the authority in accordance with Subsection F shall be acted favorably upon within two years after the authority has issued a copy of its adverse decision to the owner and to the applicant if other than the owner in the manner provided in Subsection F.
H. 
Withdrawal of application without prejudice. Any application for a special permit which has been filed with the authority may be withdrawn without prejudice by the applicant prior to the publication of the notice of a public hearing thereon, but thereafter withdrawn without prejudice only with the written approval of the authority.
I. 
Votes required for special permit. Special permits granted by an authority designated by this bylaw shall require a vote of at least four members of a five-member board and a unanimous vote of a three-member board.
[Amended 4-25-2023 ATM by Art. 23]
J. 
Failure to take final action within 90 days. Failure by the authority to take final action upon an application for a special permit in the manner provided in this section within 90 days following the date of the required public hearing thereon shall be deemed to be a grant of the special permit subject to the following requirements:
[Amended 4-25-2023 ATM by Art. 23]
(1) 
The applicant, after the expiration of said ninety-day period, shall file with the office of the Town Clerk a copy of his application for the special permit together with an affidavit of the applicant stating the name and address of the record owner of the land affected by the granting of the special permit, the name and address of the applicant if he is not the record owner, the date of the public hearing held on such application and the failure of the authority to issue a certified copy of its decision to the owner and to the applicant, if not the record owner, within the ninety-day period following the date of said public hearing.
(2) 
Upon receipt of the application and affidavit from the applicant, the Town Clerk shall give notice forthwith of such filing by mailing certified copies of said application and affidavit to those persons entitled to notice of a decision under MGL c. 40A, §§ 11 and 15. Such notice shall show the date on which the application and affidavit were filed with the Town Clerk and shall specify that an appeal may be made to the Superior Court for Middlesex County pursuant to MGL c. 40A, § 17, within 20 days from the date the application and affidavit were filed with the Town Clerk. The filing of such application and affidavit in the office of the Town Clerk shall be deemed the equivalent of the filing of a decision by the authority for purposes of the provisions of MGL c. 40A, §§ 11, 15 and 17, applicable to special permits.
(3) 
If no appeal has been filed within the required statutory period, or if filed has been dismissed or denied, the Town Clerk shall issue to the owner and to the applicant, if other than the owner, a certified copy of the application and affidavit bearing the certification of the Town Clerk that no appeal has been filed, or if filed has been dismissed or denied, and the special permit shall take effect on the date such document is recorded with said Registry of Deeds in lieu of the document required to be recorded under Subsection E.
[Amended 4-25-2023 ATM by Art. 23]
Any person aggrieved by a decision of the authority or by failure of the authority to file a decision within the statutory time period as set forth in § 240-6.2 may appeal to the Superior Court for the County of Middlesex by bringing an action within 20 days after the applicant files with the office of the Town Clerk his application and affidavit pursuant to the provisions of § 240-6.2J. Any such appeal may be made by following the judicial review requirements set forth in MGL c. 40A, § 17.
[Amended 4-25-2023 ATM by Art. 23]
A special permit shall lapse after a period of three years from the effective date of the grant thereof, if substantial use of such permit has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause.