The special permit granting authority (SPGA) shall be the Zoning
Board of Appeals, the Planning Board, and the Select Board as specifically
designated in this bylaw.
See Article
6, Use Tables, for more information on uses that require a special permit.
Unless otherwise provided by this bylaw a special permit granted
under § 204-12.1 shall lapse three years from the date it
is granted if a substantial use thereof has not sooner commenced except
for good cause shown, or in the case of a permit for construction,
if the construction has not begun by that date, except for good cause
shown. The determination of good cause shall be made by the SPGA.
No special permit, or any extension, modification, or renewal
thereof, shall take effect until a copy of the decision bearing the
certification of the Town Clerk that 20 days have elapsed after the
decision has been filed in the office of the Town Clerk and no appeal
has been filed or that if an appeal has been filed, that it has been
dismissed or denied.
Where the lot has frontage on an existing street, provision
shall be made for grading and improvement of shoulders and sidewalk
areas within the right-of-way of the street and for provision of curbs
and sidewalks.
Section 12.2 is supplementary to other bylaw sections affecting the access, circulation, design, and landscaping of parking areas. Where the application of §
240-12.2 imposes a greater restriction than is imposed by other bylaw sections, the application of §
240-12.2 shall control.
The Zoning Board of Appeals may impose conditions, safeguards,
or limitations, both of time and use, including the continued existence
of any particular structures, but excluding any condition, safeguard,
or limitation based upon the continued ownership of the land or structures
to which the variance pertains by the applicant, petitioner, or any
owner.
Rights to a variance shall be exercised within one year from the date of the grant of the variance or the rights shall lapse. However, the Zoning Board of Appeals, upon written request and notice by the applicant, may extend the time for those rights for a period not to exceed six months. The application for an extension beyond the original one-year period shall be filed prior to the expiration of the one-year time period. The ZBA has 30 days in which to act on the request, and if it fails to do so, the rights may be reestablished only after notice and a new public hearing pursuant to the provisions of §
240-12.3.
An application for a variance shall be made to the Town Clerk
with a copy of the application transmitted to the ZBA forthwith. The
ZBA may require fees to be paid by the applicant to cover the cost
of advertising, notification by mail, and reasonable costs to the
Town in processing the application. Fees shall be published in the
adopted Rules and Regulations of the Zoning Board of Appeals.
The concurring vote of four members of the Board of Appeals
shall be necessary to approve a variance application.
No variance, or any extension, modification, or renewal thereof,
shall take effect until a copy of the decision bearing the certification
of the Town Clerk that 20 days have elapsed after the decision has
been filed in the office of the Town Clerk and no appeal has been
filed or that if an appeal has been filed, that it has been dismissed
or denied.