XIX-J - Procedures for issuance of special permit.

1.

The special permit granting authority (SPGA) under this ordinance shall be the planning board. Such special permit may be granted if the SPGA determines, in conjunction with the board of water commission, sewer commission, board of health, conservation commission and department of public works that the intent of this ordinance, as well as its specific criteria, are met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The SPGA shall document the basis for any departures from the recommendations of the other municipal boards or agencies in its decision.

2.

Upon receipt of the special permit application and filing fee, the SPGA shall transmit one copy each to the board of water commission, sewer commission, board of health, conservation commission and the department of public works for their written recommendations. Failure to respond in writing within sixty (60) days of receipt shall indicate approval or no desire to comment by said agency. The requisite number of application copies shall be furnished by the applicant.

3.

The SPGA may grant the required special permit only upon finding that the proposed use meets the requirements specified in sections XIX-E, F, G, H, and I of this ordinance, any regulations or guidelines adopted by the SPGA, and the following standards. The proposed use must:

a.

In no way adversely affect the existing or potential quality or quantity of water that is available for on-site recharge in the water resource protection district, during or after construction.

b.

Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water related natural characteristics of the site to be developed, in adherence to the practices outlined in "Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts" (USDA Soil Conservation Services, October 1977).

4.

The SPGA may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the city.

5.

The applicant for a special permit shall file fifteen (15) copies of a site plan and attachments. The site plan shall be drawn at a proper scale and be stamped by a professional engineer as determined by the SPGA. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall include at a minimum the following information where pertinent:

a.

A complete list of chemicals, pesticides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use.

b.

For those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the hazardous materials coordinator, fire chief, and board of health. The plan shall include:

i.

Provisions to protect against the discharge of hazardous materials or waste to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and clean-up procedures.

ii.

Provisions for indoor secured storage of hazardous materials and waste on impervious floor surfaces.

iii.

Evidence of compliance with Regulations of the Massachusetts Hazardous Waste Management Act 310 CMR 30.00, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection.

c.

Proposed down-gradient locations for surface water or groundwater monitoring should the SPGA deem the activity a potential surface water or groundwater threat.

6.

The SPGA shall hold a public hearing, in conformity with the provision of M.G.L.A. c. 40A, § 9, within ninety (90) days after the filing of the application and after the review by the appropriate city boards, departments, and commissions.

Notice of the public hearing shall be given by publication and posting and by first-class mailing to "parties of interest" as defined in M.G.L.A. c. 40A, § 11. The decision of the SPGA and any extension, modification, or renewal thereof shall be filed with the SPGA and city clerk within ninety (90) days following the closing of the public hearing. Failure of the SPGA to act within ninety (90) days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as required by said M.G.L.A. c. 40A, § 11.

(Ord. of 7-27-98(5); Ord. of 10-27-03)