1987-Annual Town Report - Laserfiche WebLink

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i for review by the Board of Appeals, such use shall be fish Commission, Harbormaster and other Town of- permitted as a special exception only if the Board of ficials and boards in making its decision provided that Appeals so determines and grants a Special Permit such comments are received at or before the required therefor. public hearing. A Special Permit may be issued only following the pro- For applications to the Planning Board,at least fifteen cedures specified by the General Laws and may be ap- (15)copies of all application materials shall be submit- proved only if it is determined that the proposed use ted,unless additional copies are required elsewhere in or development is consistent with applicable State and this By-Law. Where additional copies are not other- Town regulations, statutes, by-laws and plans,will not wise required by Section 9 to be submitted by an ap- adversely affect public health or safety, will not cause plicant to Town officials, the Board shall transmit ''' excessive demand on community facilities, will not copies to the Board of Health, Design Review Com- significantly decrease surface or ground water quality mittee, Conservation Commission, Town Planner, or air quality, will not have a significant adverse im- Superintendent of Streets, Building Inspector, Fire pact on wildlife habitat,estuarine systems,traffic flow, Chief, Police Chief and Parks and Recreation Direc- traffic safety, waterways, fisheries, public lands or tor, and where the application involves tidal areas or neighboring properties and their occupants, will not waterways, shall also submit copies of the Shellfish cause excessive levels of noise, vibration, electrical Commissioner, Harbormaster, and Waterways Com- disturbances, radioactivity or glare, will not destroy or mittee and the applicant shall supply such additional disrupt any species listed as rare, endangered or copies. In addition, for mixed-use or commercial threatened by the Massachusetts Natural Heritage Pro- developments or projects which will involve a variance j gram or any known historic or archaeologic site, will request, a copy shall be provided for review by the k not produce amounts of trash, refuse or debris in ex- Board of Appeals.The Planning Board shall consider low cess of the Town's landfill and waste disposal any comments received from the above-named officials capacities,will properly dispose of stumpts,construc- and boards in making its decision, provided that such tion debris,hazardous materials and other waste, will comments are received at or prior to the required public provide adequate off-street parking, will not cause ex- hearing. f ' cessive erosion or cause increased runoff onto Special Permits shall only be issued following a public neighboring properties or into any natural river, hearing held within sixty-five (65) days, but not less stream,pond or water body, and will not otherwise be than forty-five(45)days after the filing of an applica- detrimental to the Town or the area. tion with the Planning Board or Board of Appeals at In all cases involving a Special Permit,the application a regular or special meeting, a copy of which shall shall include a site plan showing at least the location forthwith be given to the Town Clerk by the applicant of buildings on the site(meaning the entire lot on which after having been signed and dated by the Board the proposed use or development is located)and within chairman. 100 feet of the site,existing and proposed wells and sep- An application for a Special Permit may be approved, tic systems, existing roadways, etlands, water courses approved with conditions, or denied. Conditions may and significant slope or other natural features,propos- include,but are not limited to, requirements for traf- ed parking, drainage, utilities, and landscaping and fic or pedestrian improvements required to mitigate or F , other proposed features. For applications to the Plan- accomodate the impacts of the proposed use,housing ning Board,a plan showing topography at a maximum for persons of low or moderate income, open space of two(2)foot contour intervals shall also be required. buffers or screening to mitigate off-site impacts, re- In addition, traffic studies, water quality impact duced lawn or paving areas and other measures to pre -,lo - reports, environmental impact reports, fiscal impact vent water quality impacts, water or sewer lines in an- r t reports and similar items may be required along with ticipation of connection to public systems within a those other specific items required by Sections 9.3 and reasonable period of time, landscaping, development {y. 9.4. phasing requirements, requirements for surety bonding For applications to the Board of Appeals,at least three to insure compliance and completition of proposed (3)copies of all application materials shall be submit- improvements and other items deemed necessary to ted,of which one(1)shall be transmitted to the Design protect the public health and safety or minimize im- Review Committee.Where the application involves any pacts on community facilities, services and character land within 100 feet of a wetland,water body or water- or on neighboring properties and their occupants. course, a fourth copy shall be submitted for review by Any special permit hereinafter granted shall lapse the Conservation Commission. Where the application within two years from the grant thereof, or within a involves tidal areas or waterways, copies shall also be shorter period of time if specified in the decision of the submitted for review by the Shellfish Commission, approval-granting authority, which shall not include Harbormaster and Waterways Committee.The Board such time required to pursue or await the determina- of Appals shall consider any comments of the Design tion of an appeal under Chapter 40A,Section 17 of the Review Committee, Conservation Commission, Shell- General Laws, if a substantial use thereof has not - 71 -