Special Permits.
Special permit procedure. Except as set forth below, the provisions set forth in §
650-59B and
C, pertaining to the procedures and rules applicable to special permit granting authorities, as such provisions may be amended from time to time, shall, so far as apt, be applicable to the Board of Appeals acting upon an application for a special permit proposing an alteration, reconstruction, extension or structural change which, per the determination of the Building Commissioner, would increase or intensify the existing nonconforming nature of a lawful preexisting nonconforming single-family dwelling or two-family house. In particular, each special permit application to the Board of Appeals filed under this subsection shall contain the information as itemized in §
650-59C(4), and shall be accompanied by a preliminary site plan which shall contain the information as itemized in §
650-59C(5).
Each application filed under this subsection shall be filed with the Office of the City Clerk in accordance with MGL Chapter 40A, on a form provided by that Office, and shall be accompanied by a filing fee in the amount calculated to be the same as for special permit applications submitted to the City Council under §
650-59C(3). The application for the special permit shall be made in writing by the applicant or its duly authorized agent, who shall file the following number of sets of application materials at the Office of the City Clerk, which shall keep the original and forward all copies to the Board of Appeals, which shall distribute those copies as follows: see
table for details.
The Board of Appeals shall hold a public hearing on each special permit application filed under this subsection. The procedures for the public hearing and for the notice thereof to parties in interest shall be in conformance with MGL c. 40A and the Zoning Ordinance of the City of Marlborough, as either or both may be amended from time to time; provided, however, that the Board shall hold the public hearing on a special permit application on the same evening as it would be holding the public hearing on any variance petition that may be associated with the same proposed work (alteration, reconstruction, extension or structural change) on the same dwelling or house.
Within 90 days after the close of the public hearing on the special permit application filed under this subsection, the Board of Appeals shall take final action on a decision to grant or deny the requested special permit; provided, however, that no special permit shall be granted by the Board under this subsection if any variance petition that may be associated with the same proposed work (alteration, reconstruction, extension or structural change) on the same dwelling or house is denied by the Board.
The Board may adopt rules and regulations for the issuance of special permits under this subsection in accordance with MGL c. 40A and the Zoning Ordinance of the City of Marlborough, as either or both may be amended from time to time.
Powers and procedures of special-permit-granting authorities.
A. Powers and duties. As provided for under MGL Chapter 40A, certain classes of special permits shall be issued by one special-permit-granting authority and others by another special-permit-granting authority as specified in this chapter for those uses and activities designated in Article
V, Permitted Uses, and in other articles and sections of this chapter. Said special-permit-granting authorities shall each have all the powers and perform all the duties conferred or imposed upon them under MGL Chapter 40A, and shall act separately upon each application for a special permit submitted to them as follows:
(1) Special permits. To hear and decide an application for a special permit, as provided in this chapter, only for uses in specified districts which are in harmony with the general purposes and intent of this chapter and which shall be subject to any general or specific rules prescribed herein and to any appropriate conditions, safeguards and limitations on time and use. A special permit shall lapse within a three-year period or a shorter period if so specified by the special-permit-granting authority, including any time required to pursue or await the determination of an appeal pursuant to MGL Chapter 40A if a substantial use thereof has not sooner commenced, except for good cause, or in the case of a permit for construction, if construction has not begun within the period, except for good cause.
B. Procedures.
(1) Each application shall be filed with the special-permit-granting authority and a copy transmitted forthwith to the City Clerk and to the Planning Board, Conservation Commission, Board of Health and other appropriate agencies. The special-permit-granting authority shall hold a public hearing within 65 days of the filing date and shall render a decision within 90 days from the date of the public hearing. Notice of the hearing shall be in accordance with the requirements in Article
VIII, §
650-58C. Agencies sent copies may, in their discretion, investigate the proposed special permit use and report in writing recommendations to the special-permit-granting authority; provided, however, that if reports with recommendations are not received by the special-permit-granting authority at the time of the public hearing, the special-permit-granting authority may act without the submission of such reports and recommendations.
(2) Failure to take action within said ninety-day period shall be deemed to be a grant of the special permit applied for subject to the requirements in Article
VIII, §
650-58C(4)(a),
(b) and
(c).
C. Rules. The special-permit-granting authority shall adopt rules and procedures not inconsistent with this chapter and the provisions of MGL Chapter 40A for the conduct of its business in granting a special permit, as authorized by Article
VIII, §
650-59A, and shall file a copy thereof with the City Clerk. Said rules shall be similar to those required of the Board of Appeals under Article
VIII, §
650-58D.
(1) Submission of application:
(a) Informal preapplication review. The applicant may request the Planning Department to schedule an informal preapplication review for the purpose of reviewing preliminary proposals and alternatives. By this means, the City may have the opportunity to have input into the planning and design process at its earliest level, and submission materials can be established.
(b) The application shall be filed with the City Clerk in accordance with Subsection
C(1)(c) below, on the form provided by the City Clerk. [See Subsection
C(4).]
(c) Application materials. The application or petition for special permit shall be made in writing by the applicant or his duly authorized agent, who shall file the following number of sets of application materials at the offices set forth: see
table for details.
(2) Notice to City Council. Following the submission, the City Clerk shall promptly notify the City Council and forward one copy of the application to the City Council. The Clerk shall retain two copies in the City Clerk's office.
(3) Fees. See
§ 650-59C(3) for detailed information.
(4) Application content. Application or petition must contain the following information on the form provided by the City Clerk. See
§ 650-59C(4) for details.
(5) Preliminary Site Plan.
(a) Where the application involves new construction, each application must be accompanied by a preliminary site plan as outlined below. Where the application is for new use not involving new construction, the application must be accompanied by the approved existing site plan for the existing building or use.
(b) The preliminary site plan shall contain, among other things, the following information: (Note: Additional information is required for final site plan review and approval; see Chapter
270, Building and Site Development.) See
§ 650-59C(5)(b) for details.
(6) Special studies. See
§ 650-59C(6) for detailed information.
(7) Certification of completeness of application. See
§ 650-59C(7) for details.
(8) Date for public hearings. The President of the City Council shall, upon receipt of applications or petitions, set a date for a public hearing and direct the City Clerk to advertise at the expense of the applicant notice of said hearing and give notice to all abutters in conformance with MGL Chapter 40A, as amended.
(9) Public hearing. The City Council shall hold a public hearing on the properly completed application, as provided in MGL Chapter 40A, within 65 days after the filing of an application, and, except as hereinafter provided, the City Council shall take final action on an application within 90 days after the hearing. The hearing may be recessed and continued at a specified date as mutually agreed upon by the City Council and applicant.
(10) City Department reports. See
§ 650-59C(10) for detailed information.
(11) Extension of time for action; leave to withdraw. See
§ 650-59C(11) for details.
(12) Findings and conditions by City Council. See
§ 650-59C(12) for detailed information.
(13) Draft findings required by applicant. Within 21 days following the public hearing, the applicant or petitioner shall submit a draft of the proposed findings and reasons for the approval of the special permit to the applicable City Council committee and to all City departments listed under Subsection
C(10) for their review and comment, as appropriate. Said findings shall have been certified by the City Solicitor as being in proper legal form prior to vote by the City Council.
(14) Vote. In conformance with the General Laws of the Commonwealth of Massachusetts, a 2/3 vote of the entire City Council shall be required to grant a special permit.
(15) Notice of decision. Notice of decision shall be rendered pursuant to the provisions of MGL Chapter 40A, as amended.
(16) Recording of decision granting special permit. The applicant shall be responsible for filing in the Registry of Deeds or, where applicable, in the Land Court of the Commonwealth, a copy of the decision granting a special permit. Prior to the issuance of a building permit, the applicant shall present to the Building Commissioner evidence of such recording.
(17) Lapse and abandonment. A special permit shall lapse in accordance with the provisions of MGL Chapter 40A, as amended.
(18) Permits for use and construction. No permit for the construction or alteration of any structure or for any new use of the site or of a structure on the site shall be granted by the Building Commissioner if the special permit has lapsed or the project has been abandoned in accordance with the previous paragraph and Chapter
650, Zoning, or if evidence of recording of a copy of the decision of the City Council granting the special permit has not been given to the Building Commissioner.
(19) Construction in conformity with application. See
§ 650-59C(19) for details.
(20) Revision of special permit.
(a) After the grant of a special permit by the City Council, minor revisions in the approved preliminary site plan may be made from time to time in accordance with applicable law, ordinances and regulations, but the use or development approved under such special permit shall otherwise be in accordance with the plans referred to and such conditions as may be included in the decision of the City Council.
(b) If a preliminary site plan for a shopping mall shows thereon a "permissible building area," revisions to the buildings and other improvements located within the permissible building area may be made without the approval of the City Council as long as the plan showing such revisions are submitted and approved by the Building Commissioner prior to the commencement of the construction of such revisions.
(c) The determination as to whether a change is a minor modification shall be made by the Director of Planning at final site plan review and approval and by the City Building Commissioner at issuance of building permit. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce more than a material increase in impact on City services, the environment or the neighborhood. If it is determined that such revisions are not minor, an application for a revised special permit shall be filed, and a public hearing shall be held in the same manner as required for a new application, subject to the fee schedule under Subsection
C(3)(f).
(21) Subsequent site plan review.
(a) Where applicable, special permits for use or construction shall also be subject to later approval by applicable City departments, as provided under Chapter
650, Zoning, or Chapter
270, Building and Site Development. However, nothing shall preclude an applicant from applying for site plan review and approval prior to approval of a special permit. The preliminary site plan submitted with the special permit application may be subject to modification by said City departments through subsequent site plan review and approval to the extent under Subsection
C(20) above. In addition, other conditions and limitations may be imposed at the time of the final site plan approval by said City departments, which are not inconsistent with any term or condition attached to said special permit by the City Council.
(b) Should the City Council impose conditions in the special permit requiring a modification to the preliminary site plan submitted with the application, the plan shall be revised to comply with the conditions prior to receiving final site plan approval.
(22) Maintenance of the special permit.
(a) The holder of the special permit shall provide status reports to the Office of the Building Commissioner during construction of a project and after completion of a project. The status reports shall identify the level of compliance achieved for each special permit condition and must be submitted at intervals determined by the City Council. On completion of the project, reports shall be submitted six months after completion and then annually, due on January 1 of each year, unless waived by the City Council.
(b) The Building Commissioner shall report annually to the City Council, due on March 1 of each year, the status of special permits granted by the City Council.
