1985-1988-ZONING BY-LAWS - Laserfiche WebLink

Home Browse Search

made , reviewed and acted upon in accordance with the following procedures : (a ) each application for a special permit shall be filed in writing with the Board of Appeals and shall contain a complete description of the proposed use , together with any supporting information and plans which the Board of Appeals may require . ' The Board of Appeals shall refer copies of the application to the Board of Health , Planning Board , Conservation Commission and Town Engineer or Department of Public Works , which shall review, either jointly or separately , the application and shall submit their recommendations to the Board of Appeals . Failure to make recommendations within thirty-five days of the referral of the application shall be deemed lack of opposition . The Board of Appeals shall hold a public hearing on the application , in conformity with the provisions of Mass . Gen . Laws Chap. 40A, within sixty-five days after the filing of the application with the Board of Appeals . After notice and public hearing , and after due consideration of the reports and recommendations of the local boards/ departments , the Board of Appeals may issue such a special permit provided that it finds that the proposed 4se : ( i ) is in harmony with, the purpose and intent of this bylaw and will promote the purposes of the Groundw.ater Protection District; ( ii ) is appropriate to natural topography , soils , and other characteristics of the site to be developed ; ( iii ) will not , during construction or thereafter , have an adverse environmental impact on the aquifer or recharge area ; and ( iv ) will not adversely affect an existing or potential water supply. 8. BURDEN OF PROOF 8 . 1 The burden of proof shall be upon the applicant for a special permit to demonstrate that the applied for use shall not result in a use in- consistent- with the intent of the creation of the Groundwater Protection District. 11 - 19