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ZONING BYLAW - Town of Charlton

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7.1.8.1 Requirements. No building, use or occupancy permits for any construction,<br />

alteration, relocation or improvement as to real property or the structures thereon shall be<br />

issued for any industrial use or project as listed in Section 3.2.2 Use Regulation Schedule<br />

and which is designated "SP" (Special Permit) under I-G and BEP Districts, except in<br />

accordance with the terms <strong>of</strong> a special permit for such projects as set forth herein. The<br />

special permit granting authority for all permits is necessary for the construction or use <strong>of</strong><br />

a project in an Business Enterprise Park or Industrial-General District (designated "SP" in<br />

Section 3.2.2) shall be the Planning Board which, for such purposes, shall have all <strong>of</strong> the<br />

powers conferred upon such special permit granting authorities by General Laws Chapter<br />

40A, and which shall conduct its business in accordance with the notice, hearing and<br />

decisional requirements therein set forth, and in accordance with the requirements <strong>of</strong> this<br />

Bylaw.<br />

7.1.8.2. Industrial Use Special Permit Procedure<br />

(a) A pre-application meeting with the Planning Board and its Technical Advisory<br />

Committee for informal discussion and review <strong>of</strong> preliminary materials is strongly<br />

suggested prior to formal submission <strong>of</strong> an application for a special permit.<br />

(b) No application shall be deemed complete, nor shall any action be taken, until all<br />

required materials have been submitted. Plans and other application materials<br />

conforming to the Planning Board's adopted "Procedures for Applications for<br />

Industrial Use Special Permits", as filed with the <strong>Town</strong> Clerk, shall be submitted to<br />

the Planning Board and <strong>Town</strong> Clerk as required by such Procedures. (See<br />

subsections 7.1.4.1, 7.1.4.2 and 7.1.4.3 for site plan contents as required in special<br />

permit applications.<br />

(c) The Planning Board shall, within fifteen (15) days <strong>of</strong> submission, distribute one (1)<br />

copy <strong>of</strong> the application materials each to the Conservation Commission, Board <strong>of</strong><br />

Health, Sewer Commission, Building Inspector, Technical Advisory Committee,<br />

Highway Superintendent and Board <strong>of</strong> Selectmen for review and comment. The<br />

failure <strong>of</strong> any commission, board, committee, inspector, superintendent or department<br />

to make recommendations within thirty-five (35) days <strong>of</strong> receipt by such agency <strong>of</strong><br />

the application materials shall be deemed lack <strong>of</strong> opposition thereto.<br />

(d) The Planning Board shall hold a public hearing and make its decision in accordance<br />

with applicable provisions <strong>of</strong> General Laws Chapter 40A; the Board shall hold a<br />

public hearing within sixty-five (65) days <strong>of</strong> the filing <strong>of</strong> the application with the<br />

<strong>Town</strong> Clerk; the Board shall render a decision within ninety (90)days following the<br />

date <strong>of</strong> the public hearing and shall file a copy <strong>of</strong> its decision with the <strong>Town</strong> Clerk<br />

within 14 days; thereafter; the granting <strong>of</strong> a special permit shall require a four-fifths<br />

(4/5ths) vote <strong>of</strong> the Planning Board. The cost <strong>of</strong> advertising the hearing and<br />

notification <strong>of</strong> abutters shall be born solely by the applicant. The time limits<br />

hereunder may be extended by written agreement between the petitioner and the<br />

Planning Board, by majority <strong>of</strong> the Board, and any such agreement shall be filed with<br />

the <strong>Town</strong> Clerk.<br />

<strong>Charlton</strong> Zoning Bylaw, 09/2012 101

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