Dalton City Zoning Code
ARTICLE XI
Special Permits
§ 350-44 Special permit granting authority (SPGA).
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.
§ 350-45 Required hearing and notice.
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.
§ 350-46 Review by other boards and agencies.
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.
§ 350-47 Finding required.
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.
§ 350-48 Conditions safeguards and limitations.
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.
§ 350-49 Site plan required.
[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.
§ 350-50 Decision and vote requirements.
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.
§ 350-51 Expiration of special permit.
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.