7.4.1 (Reserved)
7.4.2 Procedure:
7.4.2.1 Additional procedural requirements in the special permit process are located in Chapter 17 of the Stoneham Town Code. (4-03-01, Art. 5)
7.4.3 Conditions for Approval of a Special Permit:
7.4.3.1 The Planning Board shall not approve any such application for a Special Permit unless it finds that in its judgment use of the site is in harmony with the general purpose and intent of this bylaw and is subject to and consistent with the conditions, safeguards and limitation herein set forth, and is subject to all the following conditions (except that uses accessory to activities permitted as a matter of right and which activities are necessary in connection with scientific research or scientific development or related production may be permitted provided the applicable Board finds that the proposed accessory use does not substantially derogate from the public good):
(a) The specific site is an appropriate location for such use, structure, or condition.
(b) The use as developed and operated will not adversely affect the neighborhood.
(c) There will be no nuisance or serious hazard to vehicles or pedestrians.
(d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
(e) Access to the site over streets is appropriate for the type of vehicles involved.
7.4.3.2 In approving a Special Permit, the Planning Board may attach such conditions, limitations and safeguards as are deemed necessary to protect the District and the Town. Such conditions may include, but are not limited to, the following:
Requirement of front, side or rear yards greater than the minimum required by this bylaw.
(b) 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.
(c) Modification of the exterior features or appearances of the structure.
(d) Limitation of size, number of occupants, method or time of operation, or extent of facilities.
(e) Regulation of the number, design and location of access drives or other traffic features.
(f) Requirement of off_street parking or other special features beyond the minimum required by this or other applicable bylaws.
7.4.4 Exercise of a Special Permit:
7.4.4.1 A Special Permit shall be exercised within two (2) years after issuance, including the time required to pursue or await the determination of an appeal referred to in Section 7.6, or shall lapse.
7.4.5 Special Permit for Temporary Structure or Use:
7.4.5.1 In undeveloped sections of the Town and in built_up sections where some good reason exists, the Building Inspector may grant temporary and conditional permits for a period of not more than one (1) year at a time, subject to a single renewal for buildings and uses which do not conform to the use regulations of the District; provided that such permits are made subject to such conditions as shall safeguard the character of the District and are granted in accordance with the procedure provided in Section 7.4.
7.4.5.2 Upon the expiration of such permit, the structure shall be removed and the use cease and the land shall be restored to useable condition.
State law reference—Special permit, G.L. c. 40A, Sec.~9.
Editor’s note—Secs. 7.4.6 - 7.4.6.2 have been renumbered as Sec.~7.2.3 - 7.2.3.2.
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