West Springfield City Zoning Code
ARTICLE XII
Special Permits
§ 300-12.0 Purpose.
Special permits are intended to provide detailed review of certain uses and structures which may have substantial impact upon traffic, utility systems, and the character of West Springfield.
§ 300-12.1 Authority.
The Planning Board and the Board of Appeals are hereby declared special permit granting authorities, and are authorized to hear and decide upon applications for special permits in accordance with MGL Chapter 40A and the provisions of this ordinance. The special permit granting authority (hereinafter "SPGA") shall hear and approve, approve with modifications or conditions, or disapprove all applications for special permits. No special permit shall be authorized unless specific provision for such special permit is made in this ordinance.
§ 300-12.2 Definitions.
The following words or terms shall have the following meanings within the context of this article of the ordinance:
A point in time where the physical construction of a building has begun. Site work related to grading shall not be included in this definition.
The point in time at which appraised value of completed structural improvements equals or exceeds 75% of the market value of the completed structure.
§ 300-12.3 Specific findings required for special permit.
The SPGA may grant a special permit authorized by this ordinance if the SPGA finds that the following standards have been reasonably fulfilled. In making its decision, the SPGA must make written findings on the following mandatory standards requiring that a proposed use, building and/or structure will:
A.
Be compatible in type and scale with adjacent land uses and with the character of the neighborhood in which it is located.
B.
Be in harmony with the general purpose and intent of this ordinance.
C.
Constitute no significant hazard to abutters, pedestrians, or vehicles.
D.
Constitute no nuisance by reason of excessive air, water or noise pollution.
E.
Be in conformity with all applicable Zoning Ordinance requirements.
§ 300-12.4 Special permit criteria.
The SPGA may include in its written findings, where applicable, consideration of any or all of the following criteria to be satisfied by the proposed use, building or structure:
A.
Access to the site from existing or proposed roads, and to proposed structures thereon, with particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and access in case of fire or emergency.
B.
The adequacy and configuration of off-street parking and loading areas, including their nuisance and economic impact on adjoining properties and on properties generally in the district.
C.
The availability and capacity of public services, facilities, and utilities.
D.
Visual and noise screening and buffering.
E.
Harmony of signs and exterior lighting, if any, with surrounding properties.
F.
Required yards and open space.
G.
The amount and type of wastes to be generated by the proposed use and the adequacy of proposed disposal systems.
H.
The impact of the proposed use on the land, surface water and subsurface water, and their ability to sustain such use without degradation.
I.
The location of the site and proposed buildings or structures thereon, with respect to floodplains and floodways of rivers or streams.
J.
The absence of any other characteristic of the proposed use that will be hazardous, harmful, offensive or will otherwise adversely affect the environment or the value of the neighborhood or the community.
K.
Provisions for energy conservation, for the use of renewable energy sources, and for protection of solar access.
§ 300-12.6 Conditions attached to special permits.
§ 300-12.7 Repetitive petitions.
No petition or application for a special permit under this article which has been unfavorably acted upon by the SPGA shall be considered on its merits by said SPGA within two years after the date of such unfavorable action, except with the consent of all members of the special permit granting authority.
§ 300-12.8 Revocation of special permits.
A.
A special permit may be revoked or altered by the SPGA if it is determined, after a public hearing, that information was intentionally misrepresented in order to obtain a special permit or that there has been an abuse and/or misuse of the special permit. Application for revocation or alteration of the special permit may be made by the Building Inspector, a party in interest or the SPGA. Such applications shall be filed with the Town Clerk. A public hearing shall be held by the SPGA within 65 days of the filing of the application with the Town Clerk.
B.
The SPGA shall act within 90 days following the close of the public hearing. Failure by the SPGA to take final action within 90 days of the public hearing shall be deemed to be a denial of said application for revocation or alteration of the special permit. Revocation or alteration of special permits shall require a four-fifths vote by the Planning Board, a two-thirds vote of the full Council or a unanimous vote of the members of the Board of Appeals.
§ 300-12.9 Administration.
A.
The SPGA shall adopt and from time to time amend rules relative to the issuance of such permits, and shall file a copy of said rules in the office of the Town Clerk. Such rules shall prescribe a size, form, contents, style and number of copies of plans and specifications, filing fees and the procedure for submission and approval of such permits.
B.
The Planning Board, acting as a SPGA, is authorized to appoint one associate member for the purpose of acting on a special permit application. In the case of absence, inability to act, or conflict of interest on the part of any member of the Planning Board or in the event of a vacancy, the Planning Board Chairman shall designate the associate member to sit on the Board for the purpose of acting on a special permit. Said associate member shall be appointed in the month of May upon a four-fifths affirmative vote of the Planning Board and serve a one-year term. There shall be no limit to the number of one-year terms an associate member may serve.
C.
A special permit secured under the provisions of this ordinance by vote of the SPGA shall expire if the work or change involved is not commenced within one year of the date on which the special permit is authorized, or if the work or change is not substantially completed within two years. Upon written application by the holder of the special permit prior to its expiration, the SPGA may extend the approval of the special permit for a period not to exceed six months.