Town of Agawam, MA Chapter 180: ZONING

§ 180-11. Special use permit exceptions and special permits. [Amended 12-5-1988 by TOR-88-19; 1-19-1993 by TOR-92-17]

A. Authority and rules. The Board of Appeals by virtue of the authority vested in it by statute may, after public notice and hearing, in appropriate cases and subject to appropriate conditions and safeguards grant a special use permit exception to the terms of the Zoning Ordinance in harmony with the general purpose and intent of this chapter. The special permit granting authority may adopt and from time to time amend rules and regulations relative to the issuance of such permits and shall file a copy of said rules and regulations in the office of the Town Clerk. B. Hearing, notice and decision. (1) The special permit granting authority shall hold a public hearing within 65 days after the filing of an application with the special permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant. (2) The special permit granting authority shall require notice be given by publication in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than 14 days before the hearing, and by posting such notice in a conspicuous place in the Town Hall. Notice shall be sent by mail, postage prepaid, to the petitioner, abutters and owners of land within 300 feet of the property line as they appear on the most recent applicable tax list, including those in another city or Town and the Planning Boards of all abutting cities and towns. Such notice shall be prepared, published, posted and mailed by the Board of Appeals. (3) The special permit granting authority shall act within 90 days following the public hearing. Failure to take final action upon an application for a special permit within said 90 days shall be deemed a grant of the permit applied for. (4) Upon granting of a special permit, a copy shall be issued to the owner and the applicant, if other than the owner of the property, certified by the special permit granting authority. No special permit shall take effect until a copy of the decision certified by the Town Clerk that 20 days have elapsed and no appeal has been filed, or if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds wherein the land is located. C. Duration. A special permit granted by the special permit granting authority shall lapse if a substantial use thereof has not commenced within two years, or in the case of construction, if construction has not begun within said two years. Exception may be made for good cause by the special permit granting authority. D. Special consideration. Special permits shall be issued by the special permit granting authority for uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific research or scientific development or related production where the special permit granting authority finds that the proposed accessory use does not substantially derogate from the public good. E. Planning Board report. The Planning Board shall transmit a report to the special permit granting authority on each special permit application. The Planning Board shall be notified at least 14 days prior to the public hearing on such a special permit. However, the special permit granting authority may act in the absence of a report from the Planning Board after this fourteen-day period. F. Zoning Officer report. The Zoning Officer shall transmit a report to the special permit granting authority on each special permit application. The Zoning Officer shall be notified at least 14 days prior to the public hearing on such a special permit. However, the special permit granting authority may act in the absence of a report from the Zoning Officer after this fourteen-day period. G. Standards for reviewing. (1) The Board of Appeals shall not approve any such application for a special use permit unless it finds in its judgment all of the following conditions are met: (a) The specific site is an appropriate location for such a use, building, structure or services. (b) The use as developed will not adversely affect the health, safety or property value of the neighborhood. (c) There will be no nuisance or potential hazard to vehicle or pedestrian safety. (d) Adequate and appropriate facilities and controls will be provided for the proper and safe operation of the proposed use or service. (2) The special use exception may be granted for a specific use that is not considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. H. Conditions attached to special permit approvals. In approving a special permit, the special permit granting authority may attach such conditions and safeguards as are deemed necessary to protect the neighborhood, such as, but not limited to, the following: (1) Requirement of front, side or rear yards greater than the minimum required by this chapter. (2) Requirement of screening of parking areas or other parts of the premises from adjoining premises or from the street by walls, fences, planting or other devices. (3) Modification of the exterior features or appearance of the structure. (4) Limitation of the size, number of occupants, method or time of operation or extent of facilities. (5) Regulation of number, design and location of access drives or other traffic features. I. Effect of denial. If the special permit granting authority after said hearing denies the use applied for, no further application for the same use will be entertained by the Board of Appeals for a period of two years from the date of said denial.