A. No special permit shall be issued except upon a finding that the proposed development/use shall be in harmony with the intent and purpose of this bylaw as set forth in Article I,
§ 390-1.2: Purpose., and shall not be in conflict with public health, safety, convenience and welfare, and shall not adversely affect the neighborhood (including, without limitation, the zoning district and all abutting zoning districts). In making such findings, the Board shall consider the following factors:
(1) The project's overall compliance with
Article IV: Use Regulations and
Article VI: Development Regulations;
(2) The impact of vehicular and pedestrian traffic on the neighborhood and the primary and secondary roads and intersections serving the project area and, further, the environmental effect the estimated additional residents, employees, customers or visitors will have on the immediate neighborhood;
(3) Provisions made by the applicant to control litter and to reduce, separate, recycle and/or compost solid waste generated at the site;
(4) The impact of the proposed project on the quality of surface waters, groundwater, soil, and the environment to include noise, vibration, dust, heat, smoke, fumes, odor, glare or other nuisance or serious hazard so as to adversely affect the immediate neighborhood;
(5) Danger to the immediate neighborhood and/or the community or premises through fire, explosion, emission of wastes or runoff, or other causes;
(6) The adequacy of proposed water and sewer utilities serving the site;
(7) Provisions made by the applicant to alleviate or eliminate additional demands on the municipal public safety services, including water, sewer, police, fire protection and ambulance services;
(8) The relationship of the proposed architecture of the proposed buildings with the
surrounding neighborhood (including, without limitation, the zoning district and all abutting zoning districts).
(9) The visual impacts to the surrounding neighborhood (including, without limitation, the zoning district and all abutting zoning districts), and
(10) The impact of the project shall not adversely affect the character of the
neighborhood; and
(11) The overall economic impact on the Town, its residents and surrounding properties beyond those impacts/mitigations outlined in application relating to municipal services. The Board shall consider the need for an economic review or similar study to focus on the overall viability of the proponents, tenants, proposed uses, employment, any local area benefits and any other items the Board shall require based on the initial application.
The Board may transmit the description of the proposed use to other Town agencies for review and comment within 20 days from transmittal.
Decision; term of permit; enforcement.
A. The Board's decision will be based upon a determination that the proposed use as approved or modified will have an acceptable environmental lot impact, will be consistent with the land use objectives of the Town, will comply with these Zoning Bylaws and, in particular,
§ 390-1.2: Purpose., and will comply with bylaws or regulations of the Town and applicable laws and regulations of the commonwealth. A decision to grant a special permit may impose appropriate conditions and limitations.
B. A special permit is valid for two years after certification by the Town Clerk, pursuant to MGL c. 40A, § 11, that no appeal is pending. Development must be completed within the two-year time limit unless an extension is granted. Failure to comply with a special permit during development, operation, or use will result in a penalty of $300 for each day of continuing violation, revocation of the permit, or judicial enforcement, pursuant to MGL c. 40A, § 7, as amended.
