Plympton City Zoning Code
ARTICLE VII
Special Permits
§ 300-7.1 General provisions.
Special permit issued by the Zoning Board of Appeals, or such other special permit granting authority as is provided by this bylaw, shall be required for certain uses in specific districts. Such a special permit may be issued for specified uses only which are in harmony with the general purpose and intent of this bylaw, shall be subject to general and specific provisions as stated herein, and such conditions, safeguards and limitations on time, space and use as the special permit granting authority, named herein, may reasonably require.
A.
The special permit granting authority shall take into account the general purpose and intent of this bylaw and, in order to preserve community values, may impose conditions and safeguards deemed necessary to protect the surrounding neighborhood, in addition to the applicable requirements of this bylaw. Such conditions and safeguards may include but are not limited to the following:
B.
Special permits shall only be issued for uses which are in harmony with the general purpose and intent of this bylaw and subject to its general or specific provisions and only if the special permit granting authority finds that the following conditions are met:
(1)
The use is not noxious, harmful or hazardous, is socially and economically desirable and will meet an existing or potential need.
(2)
The advantages of the proposed use outweigh any detrimental effects, and such detrimental effects on the neighborhood and the environment will not be significantly greater than could be expected from development which could occur if the special permit were denied.
(3)
The applicant has no reasonable alternative available to accomplish this purpose in a manner more compatible with the character of the immediate neighborhood.
C.
No special permit shall be issued except following a public hearing within 65 days after the filing of the application with the granting authority, a copy of which is forthwith given to the Town Clerk by the applicant.
D.
Such special permit shall provide, as a condition thereof, that it shall lapse if a substantial use is not commenced within two years, except for good cause.
§ 300-7.2 Uses authorized by special permit.
No special permit may be issued for the following specific uses except in accordance with the conditions and requirements for each listed use as determined by the designated special permit granting authority. The Board of Appeals shall be the special permit granting authority except where otherwise specified.
A.
Accessory uses: in connection with scientific research or development. The use must be necessary to the permitted use, but need not be located on the same parcel.
B.
Adult uses:
[Amended 5-18-2022 ATM by Art. 33]
(1)
Special permits for adult bookstores, adult motion-picture theaters, adult paraphernalia stores, adult clubs, adult mini-motion-picture theaters, adult video stores and massage service establishments shall not be granted to any person convicted of, admitting of sufficient facts to, or pleading nolo contendere to the provisions of MGL c. 119, § 63 or MGL c. 272, § 28, or convicted of, admitting of sufficient facts to, or pleading nolo contendere to a felony. "Person" should include any permit applicant, any corporation with such a person as an officer, and any trust with such a person as a trustee.
(2)
Special permits granted for adult bookstores, adult motion-picture theaters, adult paraphernalia stores, adult clubs, adult-mini motion-picture theaters, adult video stores, and massage service establishments shall lapse within one year, excluding such time to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof 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.
(3)
Any commercial establishment or activity that promotes or portrays, under the guise of uses or education, sexual abuse of or by or among men, women, and children, and any such abusive activity that threatens their health and the health of a community shall not be granted a special permit in the Town of Plympton. Furthermore, any such commercial establishment or activity that violates the community standards of said Town shall not be granted a permit in the Town of Plympton.
C.
Boat livery: site plan showing sufficient parking area, entrance and exit, docks and beach areas.
[Amended 5-18-2022 ATM by Art. 33]
D.
Cemetery: site plan showing driveways, parking areas, means of entrance and exit; notice to Board of Health by applicant.
E.
Private club: site plan showing sufficient parking area for a stated capacity, means of entrance and exit and fences or plant screening from abutting properties.
[Amended 5-18-2022 ATM by Art. 33]
F.
Intentionally omitted.
[Amended 5-18-2022 ATM by Art. 33]
G.
Commercial vehicle storage: In considering a special permit for storage of more than the allowed number of commercial vehicles, the Board of Appeals shall consider the proposed use and the character of the surrounding neighborhood. In granting such a permit, the Board may impose conditions on the number and size of additional vehicles, their hours of use, and other conditions it deems necessary.
H.
Conversion of a single-family to a two-family dwelling: dwelling must have been existing at the time this provision of the bylaw was adopted. Alterations of the structure shall not substantially increase or change the exterior size and residential character and appearance; at least two off-street parking spaces.
I.
Extension of a nonconforming use of a building, structure or land: no more than a 50% expansion of the original gross floor area, and a finding that the change shall not be substantially detrimental to the area than the existing use.
J.
Floodplain and Watershed Protection District: For uses by special permit refer to § 300-8.1D.
K.
Funeral home: site plan showing parking for a stated number of vehicles, means of entrance and exit; notice to the Board of Health by applicant.
L.
Intentionally omitted.
[Amended 5-18-2022 ATM by Art. 33]
N.
Guesthouse: site plan showing adequate parking for a stated capacity; notice to Board of Health by applicant; permit to be limited to a maximum period of five years, with annual renewal upon application without a public hearing.
[Amended 5-15-2024 ATM by Art. 29]
O.
Industrial District: Any establishment which discharges into the ground wastewater containing chemical substances not normally present in domestic wastewater, or maintains an impervious area in excess of one acre, shall require a special permit.
P.
Kennel for raising, boarding, and breeding dogs: permit to state maximum capacity; notice to Board of Health by applicant; permit to be limited to a maximum period of five years, with annual renewal upon application without a public hearing.
Q.
Light manufacturing intensive: Any establishment which employs over 20 persons or discharges into the ground wastewater containing chemical substances not normally present in domestic wastewater, or maintains an impervious area in excess of one acre, shall require a special permit.
[Amended 5-18-2022 ATM by Art. 33]
R.
Outdoor commercial recreation: In considering any application for a special permit for outdoor commercial recreation uses, the Zoning Board of Appeals, with due regard to the nature and condition of all adjacent structures and uses and the district within which the same is located, shall find all of the following conditions to be fulfilled:
[Amended 5-18-2022 ATM by Art. 33]
(1)
Adequate screening from the street and abutting properties is provided;
(2)
Safe entrances and exits are provided and sufficient off-street parking spaces are provided to meet the needs of all employees and invitees; and
(3)
Any aboveground sewage disposal facilities and any provisions for disposition of surface water are such that no pollution or nuisance will be caused directly or indirectly.
S.
Multifamily dwellings for elderly and handicapped persons.
(1)
Authority. A building or group of buildings specifically designated for elderly and handicapped persons may be permitted by issuance of a special permit by the Board of Selectmen as the special permit granting authority.
(2)
Purpose.
(a)
The availability of suitable housing for elderly and handicapped residents of the Town of Plympton is determined to be of public benefit, and the purpose of this subsection is to provide a means to meet this present and future need. It is intended that such housing may be permitted within the Town of Plympton in a density of whichever is the greater number: 40 dwelling units or that number of dwelling units determined as the ratio of one such unit to each 50 residents of the Town as determined by the latest state or federal census.
(b)
It is also intended that the special permit granting authority shall consider the effect of such use upon the present ability of the Town to provide municipal services and the relationship of such use to the capital improvement program of the Town and the continued ability to provide services.
(3) DWELLING UNIT ELDERLY PERSONS HANDICAPPED PERSONS
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
A single housekeeping unit with provisions for sleeping, cooking and sanitation.
Persons who have reached the age of 62.
Persons who have an impairment of unlimited duration and which substantially impedes the ability to live independently in conventional housing.
(4)
Required conditions. The special permit granting authority under this subsection shall require the following as conditions to such special permit:
(a)
Lot size: not less than 1/4 acre per dwelling unit, with minimum lot size of 10 acres.
(b)
Lot access: not less than 40 feet in width.
(c)
Building height: not more than two stories.
(d)
Unit size: The minimum interior floor area of a dwelling unit shall not be less than 480 square feet.
(e)
Special provisions for handicapped persons: Dwelling units and common areas on the ground floor shall be constructed in such a way as to meet the special needs of the handicapped.
(f)
Parking: A minimum of 1 1/2 parking spaces shall be provided for each dwelling unit.
(5)
Site plan review.
(a)
Site plan - a condition of the special permit. The special permit granting authority shall require a site plan, which shall be a condition to the special permit. The purpose of the site plan is to ensure that design and layout of the specially permitted use will be suitable for the purpose and will not result in a detriment to the neighborhood or to the environment.
(b)
General review. The applicant for the special permit shall file copies of the application and the site plan in the form and quantities specified in the rules and regulations adopted by the special permit granting authority. Review of the site plan shall consider provisions that will ensure:
[1]
Protection of adjacent areas against detrimental or offensive uses on the site by provision of adequate surface water drainage, buffers against light, sight, sound, dust, vibration, and preservation of light and air.
[2]
Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas.
[3]
Adequacy of the methods for disposal of wastes.
[4]
Protection of environmental features on the site and in adjacent areas.
(c)
Elements of the site plan. The site plan shall show all existing and proposed buildings, existing and proposed contour elevations, structures, parking spaces, driveway openings, driveways, service areas, facilities for sewage, refuse, and other waste disposal, and for surface water drainage, wetlands, surface water, areas subject to one-hundred-year flood, and landscape features such as fences, walls, planting areas, walks, and lighting, both existing and proposed. The site plan shall also show the relation of the above features to adjacent ways and properties. The site plan shall also show all contiguous land owned by the applicant or by the owner of the property which is the subject of the application.
(d)
Soil conditions. The applicant shall submit material as may be required regarding measures proposed to prevent pollution of surface water or groundwater, soil erosion, increased runoff, changes in groundwater level, and flooding.
(e)
Landscaping. The applicant shall submit such material as may be required regarding design features intended to integrate the proposed new development into the existing landscape, to enhance aesthetic assets, and to screen objectionable features from neighbors.
(f)
Traffic flow. The applicant shall submit such material as may be required regarding the projected traffic flow patterns into and upon the site for both vehicles and pedestrians and an estimate of the projected number of motor vehicle trips to and from the site for an average day and for peak hours.
(g)
Water supply. The applicant shall submit such material as may be required regarding the location of wells and other sources of potable water, together with lagoons, ponds, or water storage towers with sufficient capacity for fire protection.
(6)
Review by other Town boards. The special permit granting authority may submit applications and site plans to other boards, such as but not limited to the Planning Board, Board of Health, the Conservation Commission, and the Council on Aging. The Council on Aging may be authorized by the special permit granting authority to maintain a list of resident applicants, such a list to be reviewed annually, and it shall be a condition to any special permit that due consideration of such list shall be included in the tenancy policies of the applicant. The special permit granting authority may submit the application, together with conceptual and site plans, to a Housing Committee for review and recommendations as to general design. Such committee shall be composed of four members from the Council on Aging and three other residents of the Town of Plympton. Selectmen are SPGA.
T.
Parking: For relief from parking regulations by special permit see § 300-6.4A(1).
U.
Raising and sale of fur-bearing animals: notice to Board of Health by applicant; Permit limited to maximum period of five years, with annual renewal upon application without a public hearing; such activity is to be carried out at least 500 feet from any property line.
V.
Temporary sawmill: site plan showing location of buildings, areas for storage of logs, lumber, and waste materials; provision for restoration of site and performance bond; permit limited to maximum of two years; notice to Conservation Commission by applicant.
W.
Trailers and Mobile Homes: The Board of Appeals shall require full compliance with lot area and setback requirements of this bylaw and such conditions deemed necessary and appropriate in granting such special permits. No special permit shall be granted for a period in excess of one year. See also the requirements in § 300-6.3.
[Amended 5-15-2024 ATM by Art. 28]
X.
Use of land and structure in historic districts: subject to requirements of § 300-8.2 (Special Regulations-Special Permit may not be required under the bylaw).
Y.
Wind energy conversion systems, including but not limited to windmills: Rules relative to the issuance of such a special permit are on file with the Planning Board and in the office of the Town Clerk. The Planning Board is the SPGA.