1985-1988-ZONING BY-LAWS - Laserfiche WebLink

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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 use : ( i ) is in harmony with the purpose and intent of this bylaw- and will promote the purposes of the Groundwater Protection District ; ( ii ) is -appropriate to the 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 ' speci-al 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 - 17