Groton, MA Zoning Ordinance

Special permit granting authority. Unless specifically designated otherwise the Zoning Board of Appeals or the Planning Board shall act as special permit granting authority to hear and decide an application for a special permit, as provided in this section, only for uses in specified districts which are in harmony with the general purpose and intent of this chapter.

Procedures.

(1)

Each application for a special permit for uses designated in § 218-5.2, Schedule of Use Regulations, and for various reasons in other sections of this chapter shall be filed with the Town Clerk who shall forthwith transmit it to the special permit granting authority. The special permit granting authority shall hold a public hearing within 65 days of the filing date and shall render a decision within 90 days from the date of the public hearing. Failure to take action within said ninety-day period shall be deemed to be a grant of the permit applied for.

(2)

A special permit shall be recorded at the Registry of Deeds in accordance with MGL c. 40A, § 11. No subsequent necessary permits shall be issued by any board or official until evidence of such recording is submitted by the applicant.

Criteria. Special permits shall be granted by the special permit granting authority only upon its written determination that the proposed use will not have adverse effects on either the Town or the neighborhood, in view of the particular characteristic of the site and of the proposal in relation to that site. The special permit granting authority shall consider each of the following criteria in addition to any specific criteria set forth in the chapter in making its decision. The special permit granting authority shall prepare a written finding on each criterion set forth below and for any specific criteria within the chapter:

(1)

Social, economic or community needs which are served by the proposal.

(2)

Traffic flow and safety.

(3)

Adequacy of utilities and other public services.

(4)

Neighborhood character.

(5)

Impacts on the environment.

(6)

Potential fiscal impact on the Town.

Conditions. Special permits shall be subject to any general or specific rules prescribed herein and to any appropriate conditions, safeguards and limitations as the special permit granting authority may deem necessary to serve the purposes of this chapter.

Expiration. A special permit shall lapse 24 months, which shall not include such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof (the date of filing the special permit approval with the Town Clerk), if a substantial use thereof 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.