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1989 JUL-DEC-ZBA APPEALS
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1989 JUL-DEC-ZBA APPEALS
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(o) mining of land except as incidental to a permitted <br /> use. <br /> 7. SPECIAL PERMIT USES <br /> 7.1 The following uses, unless prohibited by a specific <br /> provision of Section 6, may be permitted by a special <br /> permit from the Board of Appeals, under such conditions <br /> as the Board of Appeals may require. <br /> (a) commercial and industrial activities permitted in <br /> the underlying district and involving the <br /> manufacture, storage, transportation or use of any <br /> hazardous material other than hazardous wastes as <br /> defined in Mass. Gen. Laws Chap. 21C; <br /> (b) the application of pesticides for uses that are <br /> non-domestic and non-agricultural , provided that all <br /> necessary precautions shall be taken to prevent <br /> hazardous concentrations of pesticides in the water <br /> and on the land within the Groundwater Protection <br /> District as a result of such application , such <br /> precautions to include, but not be limited to, <br /> erosion control techniques, the control of run-off <br /> water (or the use of pesticides having low solubil- <br /> ity in water) , the prevention of volatilization and <br /> redisposition of pesticides and the lateral <br /> displacement ( i .e. winddrift) of pesticides; and <br /> (c) the application of fertilizers for uses that are <br /> non-domestic and non-agricultural provided that such <br /> application shall be made in such a manner as to <br /> minimize adverse impacts on surface water and <br /> groundwater due to nutrient transport and deposition <br /> or sedimentation. <br /> 7.2 Any application for a special permit shall be <br /> made, reviewed and acted upon in accordance with <br /> the following procedures: <br /> (a) each application for a special permit shall be filed <br /> in writing with the Board of Appeals and shall con- <br /> tain a complete description of the proposed use, <br /> together with any supporting information and plans <br /> which the Board of Appeals may require. The Board <br /> of Appeals shall refer copies of the application to <br /> the Board of Health, Planning Board, Conservation <br /> commission and Town Engineer or Department of Public <br /> Works, which shall review, either jointly or <br /> separately, the application and shall submit their <br /> y recommendations to the Board of Appeals. Failure to <br /> make recommendations within thirty-five days of the <br /> referral of the application shall be deemed lack of <br /> opposition . The Board of Appeals shall hold a pub- <br /> 11-17 <br />
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