ZONING BYLAW - Town of Charlton
ZONING BYLAW - Town of Charlton
ZONING BYLAW - Town of Charlton
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Deeds, in the form and with content as approved by yhr Planning Board, as a condition as<br />
a special permit.<br />
5.7.4.4 The open space shall not be leased, sold or used for purposes other than those<br />
authorized by the special permit. Any proposed change to the use <strong>of</strong> the open space shall<br />
be approved by a majority <strong>of</strong> the Planning Board present and voting, provided that: the<br />
proposed use is consistent with the intent <strong>of</strong> this Section, and it will not adversely impact<br />
abutters and the use <strong>of</strong> surrounding open space by bright lights, noise or other nuisances.<br />
The Board may impose conditions on such proposed uses.<br />
5.7.5 Procedure<br />
5.7.5.1 A pre-application meeting with the Planning Board and other relevant Boards for<br />
review and discussion <strong>of</strong> a preliminary or conceptual plan is recommended prior to a<br />
formal submission <strong>of</strong> an application for a special permit. Preliminary sketches <strong>of</strong> a<br />
flexible development plan and a conventional subdivision plan are encouraged to be<br />
submitted.<br />
5.7.5.2 No application shall be deemed complete, nor shall any action be taken, until all<br />
required materials have been submitted. Plans and other submission materials<br />
conforming to the Planning Board's adopted "Procedures for Applications for a Special<br />
Permit for Flexible Development", as filed with the <strong>Town</strong> Clerk, shall be submitted to the<br />
Planning Board and <strong>Town</strong> Clerk as required by such Procedures.<br />
5.7.5.3 The Planning Board shall, within fifteen (15) days <strong>of</strong> submission, distribute one<br />
(1) copy <strong>of</strong> the submission materials each to the Conservation Commission, Board <strong>of</strong><br />
Health, Sewer Commission, Building Inspector, Fire Department and Board <strong>of</strong> Selectmen<br />
for review and comment. The Planning Board shall not take final action on the plan<br />
within thirty-five (35) days <strong>of</strong> such distribution unless such comments are sooner<br />
received.<br />
5.7.5.4 The Planning Board shall hold a public hearing and make its decision in<br />
accordance with applicable provisions <strong>of</strong> M.G.L. Ch. 40A S 9. The Board shall hold a<br />
public hearing within sixty-five (65) days <strong>of</strong> the filing <strong>of</strong> a comple application with the<br />
<strong>Town</strong> Clerk; the Board shall file its decision with the <strong>Town</strong> Clerk within ninety (90) days<br />
following the date <strong>of</strong> the public hearing; and the granting <strong>of</strong> a special permit shall require<br />
a four-fifths (4/5) vote <strong>of</strong> the Planning Board. The cost <strong>of</strong> advertising the hearing and<br />
notification <strong>of</strong> abutters shall be borne solely by the applicant. The time limits hereunder<br />
may be extended by written agreement between the petitioner and the Planning Board<br />
and any such agreement shall be filed with the <strong>Town</strong> Clerk.<br />
5.7.5.5 The granting <strong>of</strong> a Special Permit for Flexible Development shall not be construed<br />
as definitive subdivision approval under the Subdivision Control Law. The approval <strong>of</strong> a<br />
definitive subdivision plan showing a flexible development shall not be construed as the<br />
granting <strong>of</strong> a special permit. However, the applicants are encouraged to request a<br />
simultaneous public hearing for both plans, if required.<br />
<strong>Charlton</strong> Zoning Bylaw, 09/2012 48
Change language