Town of Ware, MA - PROCEDURE FOR SPECIAL PERMIT

Special permits are intended to provide detailed review of certain uses and structures which may have substantial impact upon traffic, utility systems, and the character of the Town, among other things. The special permit review process is intended to insure a harmonious relationship between proposed development and its surrounding, and insure that proposals are consistent with the purpose and intent of this bylaw. The special permit process allows the planning board to put conditions, safeguards, and limitations on time or use on the project. The Planning Board can not impose a condition which delegates to another board a determination on an issue of substance, or which will require a future decision on an issue of substance by the Planning Board. The Planning Board can not impose a ondition the performance on which lies entirely beyond the applicant's power. Only those members of the Planning Board who are at the public hearing on a particular matter are entitled to vote on that matter. The Planning Board has 90 days from Close of Hearing to make decision.

Please check the Zoning By-Laws to make sure a Special Permit is required in the District in which the business/project will take place and to see if a Site Plan Approval is required. A copy of the By-Laws is available at the Building Department Office for review. If you would like to purchase a copy of the Zoning By-Laws, they can be purchased for $15 from the Town Clerk.

The Planning Board is the Special Permit Granting Authority for the Town of Ware

The Planning Board meets on the FIRST and THIRD WEDNESDAY of each month in, January, February, March, April, May, June, September, October & November. The Planning Board meets only one time in July, August & December.

APPLICANT’S RESPONSIBILITY

ALL APPLICATIONS FOR SPECIAL PERMIT MUST FIRST BE FILED BY THE APPLICANT WITH THE TOWN CLERK SO THAT APPLICATION CAN BE TIMED, DATE-STAMPED AND CERTIFIED TO START THE PROCESS.

YOU MUST SUBMIT THE FOLLOWING:

COMPLETED APPLICATION

CHECK MADE PAYABLE TO THE TOWN OF CityplaceWARE FOR $300

(Fee=$50.00 Money on Deposit for Expenses=$250.00)

(expenses include certified mail of Notices as required by law and newspaper advertisement of Public Hearing)

THE CERTIFIED LIST OF ABUTTERS

UNTIL ALL REQUIRED INFORMATION AND MATERIALS ARE SUBMITTED, NO LEGAL SUBMISSION WILL HAVE TAKEN PLACE

APPLICANT MUST BE THE OWNER OF RECORD OF PROPERTY INVOLVED.

An Application for Special Permit must be filled out and signed by the Owner of Record.

Prepare and submit a sketch of the building/property as it exists to show the location of the building, fencing, property lines and available parking area.

Prepare and submit a sketch of the proposed alterations to the building/property showing the interior layout including exits, proposed signage, parking area, fencing, vegetation, lighting, set-backs and any other information that will be helpful to the Applicant and Planning Board.

A Certified list of all Abutters and Owners of land within 300 feet of the property lines of the parcel listed on application must be submitted as part of the application. This list can be obtained from the Assessors Office at the Town Hall.

PLANNING BOARD'S RESPONSIBILITY

Upon receipt of all of the above, the Planning Board will schedule a PUBLIC HEARING within 65 days.

Arrange publication of NOTICE OF PUBLIC HEARING. Notice of a public hearing must be published in a newspaper of general circulation in the community.

The Notice must be published once in each of two successive weeks and the first publication in the newspaper must be at least 14 days before the day of the public hearing.

The public hearing requirements for Special Permit Granting Authorities can be found in MGL, Chapter 40A, Section 11 and 15. The purpose of the public hearing is to provide an opportunity for interested persons to appear and express their views pro and con.

CONTENTS OF PUBLIC HEARING NOTICE

1. The name of the petitioner

2. A description of the property or area

3. The street address, if any, or other adequate identification of the location of the area or premises which is the subject of the petition

4. The date of the public hearing

5. The time of the public hearing

6. The place of the public hearing

7. The subject matter of the public hearing

8. The nature of action or relief requested, if any

PARTIES OF INTEREST

Notice of the public hearing must be sent by mail, (certified, return receipt) to the following parties in interest even if the land of any party in interest is located in another community

§Owners of land directly opposite on any public or private street or way

§Abutters to abutters within 300 feet of the property line of petitioner

§The Planning Board

§The Planning Board of every abutting community

The assessors maintaining any applicable tax list shall certify to the Planning Board the names and addresses of parties in interest and such certification shall be conclusive for all purposes. The Petitioner is responsible for getting the list of abutters from the assessors and delivering it to the Planning Board.

The Planning Board may accept a waiver of notice from, or an affidavit of actual notice to any party of interest, his stead or any successor owner of record who may not have received a notice. The Planning Board may order special notice to any such person giving not less than 5 or more than 10 additional days to reply.

CONDUCTING THE PUBLIC HEARING

No Public Hearing for any Special Permit, variance or appeal can be held on any day on which a state or municipal election, caucus or primary is held in the community.

The Planning Board can continue a public hearing to a date certain and give public notice pursuant to the Open Meeting Law (MGL, c39, s.23B) without having to send a new notice by mail to parties in interest.

A Public Hearing ends when rights of interested parties to present information and argue is cut off.

VOTING REQUIREMENTS

The Planning Board may grant a special permit by:

A two-thirds vote of a board with more than five members

A vote of at least four members of a five-member board

A unanimous vote of a three-member board

Only those members of the Planning Board who are at the public hearing on a particular matter are entitled to vote on that matter. Planning Board has 90 days from close of Hearing to make decision.

The Planning Board must make a detailed record of its proceedings, indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason for its decision and its official actions.

It is a common practice for the Planning Board to look over property relevant to a future zoning decision. Zoning is a local matter and courts assume a Planning Board is familiar with local conditions.

The Planning Board may not make a decision on the basis of evidence obtained after the close of the public hearing.

A Petitioner must be advised of all the facts and materials in the possession of the Board on which it plans to rely.

In reaching a decision, the Planning Board must agree on the result and it is not necessary that the concurring members reach agreement as to the reason for that result.

THE PLANNING BOARD MAY GRANT A SPECIAL PERMIT, AUTHORIZED BY THE TOWN OF WARE ZONING BY-LAWS, IF SAID BOARD FINDS, WHEN APPLICABLE, THAT:

The proposal is suitably located in the neighborhood in which it is proposed and/or to the entire Town as deemed appropriate by the Planning Board;

The proposal is compatible with existing uses and other uses permitted by right in the same district;

The proposal will not constitute a nuisance due to air and water pollution, flood, noise, dust, vibration, lights, or visually offensive structures and accessories;

The proposal shall not be a substantial inconvenience or hazard to abutters, vehicles or pedestrians;

Adequate and appropriate facilities will be provided for the proper operation of the proposed use;

The proposal shall reasonable protect the adjoining premises against any possible detrimental or offensive uses on the site, including unsightly or obnoxious appearance;

The proposal ensures that it is in conformance with the sign regulations of the By-Law (see Section 5.3);

The proposal provides convenient and safe vehicular and pedestrian movement within the site in relation to adjacent streets, property or improvements.

The proposal ensures adequate space for the off-street loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishment or use;

The proposal provides adequate methods of disposal and/or storage for sewage, refuse and other wastes resulting from the uses permitted or permissible on the site, and methods of drainage for surface water;

The proposal ensures protection from flood hazards, considering such factors as the following: elevation of buildings; drainage; adequacy of sewage disposal; erosion and sedimentation control; equipment location; refuse disposal; storage of buoyant materials; extent of paving; effect of fill, roadways or other encroachments on flood runoff and flow;

CONDITIONS, SAFEGUARDS, AND LIMITATIONS ON TIME OR USE

The following conditions, safeguards and limitations on time or use have been established by the Ware Planning Board. The Planning Board reserves the right to set additional conditions, safeguards, and limitations dependent upon the situation under consideration and its effect upon the immediate neighborhood area and the Town in general.

Paved parking spaces having a minimum area of nine (9) feet by twenty (20) feet and meeting all codes shall be provided for ALL units in the dwelling concerned; the number of spaces required shall be determined by providing for one (1) space for each single bedroom apartment unit and one and one-half (1 ½ ) for each two or more bedroom apartment unit. These spaces shall be marked for each unit and the driveway shall also be paved.

Adequate trash containment and removal, as required by law, shall be provided by the owner.

Adequate snow and ice removal shall be provided by the owner.

All site work is to be completed within one (1) year of final approval.

All work on the dwelling is to be completed within two (2) years of final approval

NOTE: An extension of time (one year) may be granted by the Planning Board upon application of the owner and review of the circumstances by the Planning Board.

All other laws, codes, and regulations must be followed.

CONDITIONAL DECISIONS

The Planning Board may impose conditions, safeguards and limitations on time or use when granting a special permit.

The Planning Board can not impose a condition which delegates to another board a determination on an issue of substance, or which will require a future decision on an issue of substance by the Planning Board.

The Planning Board can not impose a condition the performance on which lies entirely beyond the applicant’s power.

AMENDING DECISIONS

The Planning Board has the power without holding a further public hearing to correct an inadvertent or clerical error in a decision so that the record will reflect the true intention of the Board.

The Planning Board may not make a substantive amendment which will change the result of the original decision or which will grant relief different than that originally granted.

NOTICES AND CERTIFICATIONS

Notice of the decision must be mailed forthwith, by the Planning Board to the petitioner, parties in interest and to every person at the public hearing that requested a notice. The notice must specify that any appeal must be made pursuant to MGL, Chapter 40A, Section 17, and filed with 20 days after the date the notice was filed with the Town Clerk.

A Special Permit shall lapse within one (1) year if a substantial use thereof has not commenced except for good cause or in the case of a special permit construction if construction has not begun within such time period without good cause.

Special Permits shall be issued only to CURRENT OWNER OF RECORD.

As soon as it is practicable, the Planning Board shall determine the total expended for processing the Special Permit. If there are funds remaining from the deposit, they shall be returned to the Applicant. If additional funds are needed to cover expenses incurred for processing the Special Permit, the Applicant will be notified by the Planning Board of the amount required to cover the coasts incurred. PLEASE NOTE: The Planning Board may withhold release of the Special Permit until receipt of any funds due.

Call the Building Department Office