Any board designated as special permit granting
authority in this bylaw may hear and decide applications for special
permits upon which such board is specifically authorized to act under
this bylaw in accordance with the provisions of MGL c. 40A, § 9.
A.
Each application for a special permit shall be filed
by the petitioner with the Town Clerk and a copy of said application,
including the date and time of filing certified by the Town Clerk,
shall be filed forthwith by the petitioner with the SPGA. Within 65
days after the filing of the application with the Town Clerk, the
SPGA shall hold a public hearing. Notice of such hearing shall be
given:
(1)
By publication in a newspaper of general circulation
in the Town once in each of two successive weeks, the first publication
to be not less than 14 days before the day of the hearing; and
(2)
By posting such notice in a conspicuous place in the
Town Hall for a period of not less than 14 days before the day of
such hearing; and
(3)
By mailing it to parties of interest as provided in
MGL c. 40A, § 11, which includes 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 they appear on the most recent applicable
tax list, notwithstanding that the land of any such owner is located
in another city or town, the Dalton Planning Board and the Planning
Board of every abutting city or town.
B.
Publications and notices required by this section
shall contain the name of the petitioner, a description of the area
or premises, street address, if any, or other adequate identification
of the location of the area or premises which is the subject of the
petition, the date, time and place of the public hearing, the subject
matter of the hearing, and the nature of action or relief requested,
if any. No hearing shall be held on an election day.
The special permit granting authority shall,
within 10 days after receipt of an application for special permit,
transmit a copy thereof for review to the Board of Health, the Planning
Board, the Select Board, the Conservation Commission, the Inspector
of Buildings and any other municipal board or agency at the discretion
of the SPGA. Any such board or agency to which such petitions are
referred for review shall make such recommendations as they deem appropriate,
in writing, and shall send copies thereof to the SPGA and the applicant;
provided, however, that failure of any such board or agency to make
recommendations within 35 days of receipt by such board or agency
of the petition shall be deemed lack of opposition thereto.
Before granting a special permit for any use
requiring such permit under the provisions of this bylaw, the SPGA
shall find that the proposed use:
A.
Is in compliance with all provisions and requirements
of this bylaw, and in harmony with its general intent and purpose;
B.
Is essential or desirable to the public convenience
or welfare at the proposed location;
C.
Will not be detrimental to adjacent uses or to the
established or future character of the neighborhood;
D.
Will not create undue traffic congestion, or unduly
impair pedestrian safety;
E.
Will not overload any public water, drainage or sewer
system or any other municipal facility to such an extent that the
proposed use or any existing use in the immediate area or in any other
area of the Town will be unduly subjected to the hazards affecting
public health, safety or general welfare.
A.
The SPGA may impose conditions, safeguards or limitation
both of time and use, including the continued existence of any particular
structures but excluding any condition, safeguard or limitations based
upon continued ownership of land or structures in question by the
same person. The SPGA may, as a condition of approval of a special
permit, provide that recording and timely implementation of the new
permit supersedes any previously granted special permit(s) or any
part thereof, when voted by the Board that such an action would enhance
the integrity of the lot. Such conditions, safeguards or limitations
may include, but are not limited to the following:
[Amended 10-20-1997 STM by Art. 2]
(1)
Front, side and rear yards greater than the minimum
required by this bylaw; screening buffers or planting strips, fences
or walls as specified by the authority;
(2)
Limitations upon the size, number of occupants, method
and time of operation, time duration of the permit, or extent of facilities;
(3)
Regulations of number and location of driveways or
other traffic features; and off-street parking or loading, or other
special features beyond the minimum required by this bylaw.
B.
Any conditions, safeguards or limitations shall be
imposed in writing and shall be made a part of the special permit
and of the building permit, if any.
[Amended 10-20-1997 STM by Art. 2; 5-5-2014 ATM by Art. 22]
Any application for a special permit shall be
accompanied by a site plan. The SPGA may require that the site plan
be prepared and signed (original signature) by a Massachusetts licensed
land surveyor and drawn to scale indicating the location, size and
height of proposed buildings, site improvements, easements and containing
such other information as may be required by the special permit granting
authority. The SPGA may require that the site plan be prepared and
signed (original signature) by a Massachusetts licensed land surveyor.
A.
The special permit granting authority shall act within
90 days following the closing of the public hearing. Failure to take
final action upon an application for special permit within said 90
days shall be deemed to be a grant of the permit applied for.
B.
A special permit issued by a special permit granting
authority shall require a two-thirds vote of boards with more than
five members, a vote of at least four members of a five-member board
and a unanimous vote of three-member boards.
A special permit shall lapse in one year if
a substantial use or construction has not begun under the permit by
such date except for a good cause. Additionally, once substantial
construction has begun, the proposed construction shall be completed
within one year unless otherwise specified as part of the special
permit.
