To hear and decide applications for special permits when designated as the SPGA herein.

To grant, upon appeal or petition, with respect to particular land or structures or to an existing building thereon, a variance from the terms of this bylaw where, owing to circumstances relating to the soil conditions, shape or topography of such land or structures and owing to conditions especially affecting such parcel or such building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this bylaw would involve substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this bylaw. The Board of Appeals shall not grant use variances.

To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of MGL c. 40A §§ 8 and 15 or by any person including an officer or board of the Town aggrieved by an order or decision of the Building Commissioner or other administrative official in violation of any provision of Chapter 40A or of this bylaw.

To hear and decide comprehensive permits for construction of low or moderate-income housing by a public agency or limited dividend or nonprofit corporation, as set forth in MGL c. 40B, §§ 20 to 23.

To consider and approve minor modifications to an approved special permit, appeal, variance, or comprehensive permit. Minor modifications shall be limited to changes that do not have a material impact on the project permitted by the special permit, appeal, variance or comprehensive permit, and do not grant any zoning relief not originally requested or approved. Minor modifications shall be consistent with the Zoning Bylaw. Minor modifications may be authorized by a majority vote of the Board of Appeals. If the Board of Appeals in its review determines that a requested modification constitutes a major modification, it shall require the submission of an application for amendment requiring a new public hearing pursuant to MGL c. 40A.

To hear and decide applications for special permits when designated as the SPGA herein.

To review site plans pursuant to § 9.5.

The Planning Board shall serve as the SPGA for:

Specific factors set forth elsewhere in this bylaw for the proposed use or activity;

Social, equity, diversity, public health, economic, or community needs and impacts;

Traffic flow and safety, including parking and loading;

Adequacy of utilities and other public services;

Neighborhood scale;

Impacts on the natural environment; and

Potential fiscal impact, including impact on Town services, tax base, and employment.

Dimensional standards more restrictive than those set forth in § 135-4.0;

Screening or landscaping of principal or accessory uses from view from adjoining lots or from a street, by planting, walls, fences or other devices; planting of larger planting strips, with more or larger plant materials or higher walls or fences than that required in § 5.3;

Modification of the exterior features or appearance of a building or structure;

Limitations on the size, number of occupants or employees, method or hours of operation, extent of facilities or other operating characteristics of a use;

Regulation of the number, design and location of access drives or other traffic features of the proposed use;

Provision of a greater number of off-street parking spaces or loading bays, and with greater yard setbacks, landscaping and screening than the minimum standards set forth in § 5.1;

Limitations on the number, location, type and size of signs or illumination, or modification of the design features thereof;

Limitations on construction activities, such as but not limited to, the hours during which construction activity may take place, the movement of trucks or heavy equipment on or off the site, and measures to control dirt, dust, and erosion and to protect existing vegetation on the site;

Requirements for independent monitoring, at the expense of the applicant, and reporting to the Building Commissioner, if necessary to ensure continuing compliance with the conditions of a special permit or of this bylaw;

Limitations on the period of time the special permit shall be in effect; and

Such other limitation as may be reasonably related to reducing any adverse impact on, or increasing the compatibility of the proposed use, structure or activity with, the surrounding area.

General. The SPGA, as a condition of granting a special permit, may require that the performance of the conditions and observance of the safeguards of such special permit be secured by one, or in part by one and in part by the other, of the methods described in the following provisions. The SPGA shall administer this securing of performance by either:

Reduction of security. Until completion of the development the penal sum of any deposit or security held under § 9.4 may from time to time be reduced by the SPGA to an amount not less than 15% of the value of work originally estimated.

Release of security. Upon the completion of the development or upon performance of the conditions and safeguards imposed by such special permit, security for the performance of which was given, the applicant shall send by registered mail to the SPGA an affidavit that the conditions and safeguards in connection with which such security has been given have been complied with. If the SPGA determines that the conditions and safeguards of the special permit have been complied with, it shall release the interest of the Town in such security, return or release the security to the person who furnished the same, or release the covenant by appropriate instrument, duly acknowledged. If the SPGA determines that the conditions or safeguards included in the special permit have not been complied with, it shall specify the conditions or safeguards with which the applicant has not complied in a notice sent by registered or certified mail to the applicant.

Failure to act. If the SPGA fails to send such a notice within 60 days after it receives the applicant's affidavit, all obligations under the security shall cease and terminate, any deposit shall be returned and any such covenant become void.

Failure to complete work. Upon failure of the applicant to complete such work to the satisfaction of the SPGA and in accordance with all applicable plans, regulations and specifications, the Town shall be entitled to enforce such bond or to realize upon such securities to the extent necessary to complete all such work without delay.

This section applies to activities and uses for which site plan review is required elsewhere in this Zoning Bylaw. The Planning Board or its designee will conduct site plan review in accordance with this section of the Zoning Bylaw and the Planning Board Zoning Regulations. The following shall be exempt from site plan review:

Where an activity or use requires both site plan review and one or more special permits the Planning Board shall be the SPGA.

When both a special permit and site plan review are required, they shall be considered together under the provisions of § 9.4.

Applicants shall submit an application for site plan review to the Planning Board.

The Planning Board shall promulgate, after public notice and hearing, Zoning Regulations to effectuate the purposes and intent of this provision of this bylaw, including definitions of major and minor site plans and delegating administrative review to the Board's designee that will allow site plan review without a public meeting for minor site plans.

A public hearing shall be required for every major site plan review. The hearing will be advertised in the local newspaper no less than one week, and no more than two weeks prior to the public hearing. Notice will also be sent to landowners within 300 feet of each affected lot and published in the location designated for notices under MGL c. 30A § 20(c) (the Open Meeting Law) at least two weeks before the hearing.

The Planning Board or its designee shall review and act upon the site plan, requiring such conditions as necessary to satisfy the Review Standards and the Zoning Regulations, and notify the applicant of its decision. The decision shall be in writing and shall be rendered within 60 days (for a minor site plan review) and 150 days (for a major site plan review) from the date of submission of a complete application.

The applicant may request, and the Planning Board may grant by majority vote as constituted, an extension of the time limits set forth herein.

The applicant shall satisfy or comply with all conditions of the site plan review decision prior to the issuance of a building permit except for those conditions that by their terms are intended to be satisfied during construction or later.

Unless specifically authorized by the terms of the site plan review decision, a final certificate of occupancy shall not be issued until the applicant has complied with or satisfied all conditions of the site plan review decision.

Siting of facilities;

Sustainable, climate-sensitive, and environmentally conscious site design practices;

Open space, natural features, and the landscape, emphasizing the function of natural, aesthetic, social, and recreational design;

Ecosystem function;

Circulation and connectivity that is safe and accessible for all;

Effective and efficient transportation systems and the adverse impacts of motor vehicle transportation;

Protection of surface and ground water quality;

Social, equity, diversity, public health, or community needs and impacts;

Historic significance;

Impacts on public services and facilities;

Signage;

Safety; and

Potential adverse effects of development.

The Planning Board in its Zoning Regulations shall establish reasonable standards for site plan review of educational, religious, and child care uses protected under MGL c. 40A, § 3.

The standards shall not be more restrictive than those applied to activities and uses under § 9.5.5.

The standards shall address only the following areas. No applicant shall be required to file any documents not related to these areas.

The Planning Board or its designee shall waive any standards which are not reasonable as applied in a particular case or which effectively prohibit the protected use.

The Planning Board or its designee may impose reasonable conditions necessary to satisfy the standards not waived.[2]