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<br /> Falmouth,Mass.,Friday,April 24,1987 Page Three
<br /> 04 t 1 UE ! 4 to
<br /> unless it has determined, after reviewing the Water Quality (e) Any building permit, occupancy permit or other applicable
<br /> pe
<br /> Report and any comments from the Board of Health, that the pro- per
<br /> far this use,, structure or site which is the Subject
<br /> • posed project will not.adversely affect public health or safety, {..•�, of the Plan Review application may be approved by the Build-
<br /> posed vegetative resources, any fisheries or shellfish beds or ing.Inspector only if it.is consistent with this Zoning
<br /> ether wildlife due to hazardous or toxic materials, roadway By-Law, the building code and other applicable codes and
<br /> drainage Or sedimentation or excessive nutrient levels, and that regulations and if all of the officials listed in (b) above
<br /> the nutrient contribution of the proposed development, when added recommend approval of the Plan Review application without
<br /> conditions or changes or approve by default. Where con-
<br /> to the existing and potential nutrient level of other develop- ditions, changes or denial are recommended, the applicant
<br /> ments and acreage within the specific recharge area, will not shall be provided an opportunity to amend the application
<br /> result, on a pounds-per-acre basis, in nutrient levels that to comply. when any application is amended, it shall again
<br /> exceed the receiving waters' critical eutrophic level or, in the be transmitted for review by the officials listed in (b)
<br /> case of well recharge areas, nitrate-nitrogen concentrations in above following the procedures of (c) above and no
<br /> the well in excess of five (5) pants per million. It shall be roved and no permits may be issued
<br /> the responsibility of the applicant to demonstrate that any application may be app
<br /> roposed mitigating measures required to produce a negative until all of the said officials recommend approval of the
<br /> P determination regarding the.above items will work as designed, amended application.
<br /> and the Planning Board may require, as a condition of any
<br /> (f) Should an application be denied or should the applicant
<br /> approval, that the dppI icant ur his s tic cessor demonstrate on an chose not to comply with any recommended conditions or
<br /> ,lnnuaI basis that sold mit19atirltJ Inedsures dre uperatiny changes, the applicant may chose to apply instead for a
<br /> satisfactorily. The Board,nay also require the submission of drl Special Permit from the Board of Appeals subject to the
<br /> appropriate3 performance bond to guarantee satisfactory operation procedures of Subsection 6.2.2.
<br /> Of sold EllitlgdtlEly 1ilNd5UPk'!>.
<br /> Submitted by Town Planner 6.2.2 where a use is denoted in Section 6.3 by the letters "SP", or for
<br /> uses and developments allowed by Section 9, such use or develop-
<br /> ment shall be permitted as a special exception only if the
<br /> Planning Board so_determines'and grants a Special Permit there-
<br /> Article 14: for, except,that for non-residential uses not involving struct-
<br /> ures=containing more than 20,000 square feet of gross first floor
<br /> To,see if the Town will vote to amend the Zoning By-Laws by deleting thf area and'not•ihvolving a site greater than five acres in area, or
<br /> existing Sections 6.2, 6.2.1 and 6.2.2 and replacing them with the for other uses specified by,the General Laws for review by the
<br /> Board of Appeals, such use shall be permitted as a special
<br /> following: exception only if the Board of Appeals so determines-and grants
<br /> "6.2 A use listed in Section 6.3 is permitted as of right in anya Special Permit therefor.
<br /> district under which it is denoted by the letter "Y" subject to A Special Permit may be issued only following the procedures
<br /> such requirements as may be specified elsewhere in this By-Law. specified by the General Laws and may be approved only if it is
<br /> A use which is denoted in Section 6.3 by the letters "PR"may be determined that the proposed use or development is consistent
<br /> with applicable'state and Town--regulations, statutes, by-laws
<br /> permitted as of right subject to the provisions of Subsection Pp •
<br /> 6.2.1 and to such other requirements as may be specified elsewhere and plans, will not adversely affect public health or safety,
<br /> in this By-Law. will not cause excessive demand on community facilities, will
<br /> not significantly decrease surface or ground water quality or
<br /> A use which is denoted in Section 6.3 by the letters "SP" is air quality, will not have a significant adverse impact on wild-
<br /> life habitat, estuarine systems, traffic flow, traffic safety,
<br /> permitted as a special exception only if a Special permit is
<br /> granted by the Planning Board or Board of Appeals pursuant to the waterways, fisheries'-public lands or neighboring properties and
<br /> provisions of Subsection 6.2.2 and is furthermore subject to such their occupants, will.not cause excessive levels of noise,
<br /> other requirements as may be specified elsewhere in this By-Law. vibration, electrical,'disturbances, radioactivity or glare,will
<br /> not destroy or_disrupt,any.•species listed as rare, endangered or
<br /> A use which is denoted in Section 6.3 by the letters "PR/SP" shall threatened by the Mass,ach'usetts Natural Heritage Program or any
<br /> be permitted as a special exception only if a Special Permit is known historic or archaeologic site, will not produce amounts of
<br /> granted by the Board of.Appeals, except that if such use does not trash, refuse or debris in excess of the Town's landfill and
<br /> involve construction of a building or addition containing more waste disposal capacities, will properly dispose of stumps, con-
<br /> than 1000 square feet of gross first floor area or alteration of struction debris, hazardous materials and other waste, will
<br /> more-than-one acre of land it shall be permitted as of right provide adequate off-street'parking, will not cause excessive
<br /> t' :subject to the provisions of Subsection 6.2.1 and such other erosion or cause incr{based runoff onto neighboring properties or
<br /> e requirements as may be specified by this By-Law. into any natural,river, stream, pond or,water body, and will not
<br /> ;t otherwise be.detrimental to the Town or the area.
<br /> Absence of any designation on the table in Section 6.3 means that
<br /> the use listed Is not permitted. In all cases involving a Special permit, the application shall
<br /> r include a site plan showing at least the location of buildings
<br /> . 6,2.1 Where a use is denoted in Section 6.3 by the letters "PR", it on the site (meaning the entire lot on which the proposed use
<br /> ��'�-+t•-,, or development is_.logated) and within 100 feet of the site,
<br /> .��;�W shall be subject to a Plan Review as fallor+s or, at the choice ,
<br /> 7 of the applicant, it shall otherwise require a Special Permit existing and proposed welts and septic systems, existing
<br /> ' subject to the procedures of Subsection 6.2.2. roadways, wetlands, water courses and significant slope or other
<br /> A=T C
<br /> natural features.,proposed parking, drainage, utilities, and
<br /> (a) The applicant shall submit a request for a Plan Review landscaping and other proposed features. for applications to
<br /> to the Building Inspector on an application form determined ! the Planning Board, ii'plan showing topography at a maximum of two
<br /> by the Building Inspector, along with sufficient plans and (2) foot contour intervals"shall also be required. 'In addition,
<br /> documentation to fully describe the proposed use and/or traffic studies, water quality impact reports, environmental
<br /> structure and its site. A minimum of seven (7) copies of impact reports, fiscal impact reports and similar iteims may be
<br /> sl►ch plarls and documentation shall be submitted, along with required along'•withthose other specific items required by
<br /> any Fees which may be established for such Plan Review. Sections'9.3 and g:4.
<br /> (b) The Building Inspector shall forthwith transmit copies of For applications'to the-Board of Appeals, at least three (3) {
<br /> such application, plans and documentation to the Health copies of all.application materials shall be submitted, of which
<br /> Agent, Town Planner, Conservation Officer,,Fire Chief, one (1) shall be transmitted to the Design Review Committee.
<br /> Police Chief and Director of public Works and shall secure Where the application involves any land within 100 feet of a
<br /> a receipt from each indicating the date on which said items wetland, water body or watercourse, a fourth copy shall be
<br /> were received. submitted for review by the Conservation Commission. Where the
<br /> M al areas or waterways, copies shall also
<br /> ap'plicatifln involves 1
<br /> (c) Within fourteen (14) days of receiving such applications, be Submitted for review by the Shellfish Commission, Harbor-
<br /> plans and documentation from the Building Inspector, the master and Waterways Committee. The Board of Appeals shall con-
<br /> Health Agent, Town Planner, Conservation Officer, Fire sider any comments of the Design Review Committee, Conservation
<br /> Chief, Police Chief and Director of Public works, or their Commission, Shellfish Commission, Harbormaster and other Town
<br /> appointee, shall review said plans to determine whether they officials and boards 'in making its decision provided that such
<br /> are consistent with applicable State and Town regulations, comments are received at or before the required public hearing. i
<br /> by-laws and plans and will not adversely affect public
<br /> health or safety, will not significantly decrease surface or For applications to the Planning Board, at least fifteen (15)
<br /> ground water quality or air quality, will-not have a copies of all application materials shall be submitted, unless
<br /> significant adverse impact on wildlife habitat, estuarine additional copies are required elsewhere in this By-Law. Where
<br /> systems, traffic flow, traffic safety, waterways, fisheries, additional copies are not otherwise required by Section 9 to be
<br /> public lands or neighboring properties and their occupants, submitted by an applicant to Town officials, the Board shall
<br /> and will not destroy or disrupt any Species listed as rare, transmit copies to the Board of Health, Design Review Committee,
<br /> endangered or threatened uy the Massachusetts Natural Conservation Commission, Town Planner, Superintendent of Streets,
<br /> Heritage Program or any known historic or archaeologic'site. Building Inspector, Fire Chief, Police Chief and Parks and
<br /> A determination shall be made by each of the above officers Recreation Director, and where the application involves tidal '
<br /> regarding those items related to their field of expertise areas or waterways, small also submit copies to the Shellfish
<br /> and they shall submit a recommendation based on those items Commissioner, Harbormaster, and Waterways Committee and the
<br /> to the Building Inspector that the application may be applicant shall supply such additional copies. In addition, for E
<br /> approved, that the application may be approved subject to mixed-use or commercial developments or projects which will
<br /> certain specified conditions or changes, that the involve•a variance request, a copy shall be provided for review i
<br /> by the Board of Appeals, The planning Board shall consider any
<br /> application should be denied for certain specified reasons,
<br /> or that additional specific information is required. Fail- comments received from the above-named officials and boards in E
<br /> ure to submit each recommendation to the Building Inspector making its decision, provided that such comments are received at
<br /> within fourteen (14) days of receiving an application, plans or prior to the required public hearing.
<br /> or documentation.from the Building Inspector Shall be deemed
<br /> to be a recommendation that the application may be approved Special Permits shall only be issued fallowing a'public hearing `' "
<br /> with no conditions or changes. held within sixty-five (65)days. but not less than forty-five
<br /> (45) days after the filing of an application with the Planning ....:� !
<br /> (d) where it is determined that additional specific information Board or Board of Appeals at a regular or.special'meeting, a copy : Y, `:4_ i'
<br /> is required, the Building inspector shall forthwith notify of which'shall forthwith be given to the Town Clerk b 'the
<br /> the applicant that said information is required.- The applicant after having been signed and dated by the,Board _ •�
<br /> applicant shall submit such information to the Building chairman. r r
<br /> Inspector who shall transmit it to the appropriate
<br /> official(s) and again secure a dated receipt. Within An application for a Special Permit may be approved,•approved
<br /> folirtclen (14) clays of such receipt, said officiai(5) shall with conditions, or denied. Conditions may include, but are not
<br /> ac1dil, transmit their recommendation to the Building Inspect- limited to, requirements for traffic or pedestrian improvements
<br /> �' :" i',. i !ld:�� rr�t_[Ir�•::��i:cl rl•�,r[,v.l l [,f the dG)}t l i�:a- required to mitigate or accomodate the impacts of the proposed
<br /> use, housing for persons of low or moderate income, open space
<br /> t�'.il ;r�'�i II.• 1IIir�liili;, UI [�I,SII'1�;..
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