§ 235-62. Special permit procedure., Article XI. Special Permits and Conditions, Chapter 235. Zoning, Part II. General Legislation, Code of Ordinances, Melrose

Application. Applications shall be filed with the City Clerk, and a copy of said application, including the date and time of filing certified by the City Clerk, shall be filed forthwith by the petitioner with the special permit granting authority indicated heretofore. The application shall be filed on such forms and with such accompanying materials and in such manner as prescribed in the rules of the special permit granting authority placed on file with the City Clerk by said special permit granting authority.

Public hearing. A public hearing shall be conducted by the special permit granting authority within 65 days of the filing of an application. The time and place of said hearing shall be fixed by the special permit granting authority, which will give notice, and said notice shall include the name of the petitioner, a description of the area or premises, the street address, if any, or other adequate identification of the area or premises which is the subject of the hearing, the date, time and place of the hearing, the subject matter sufficient for identification and the nature of the action or relief requested.

Notice. Notice of the public hearing shall appear in a newspaper of general circulation in the City. The first notice shall appear at least 14 days before the scheduled hearing date, and the second notice shall appear in the following week. In addition, notice of the hearing shall be posted in a conspicuous place in City Hall for 14 days prior to the scheduled hearing. Mail notice is required to be sent to abutters as they appear on the most recent tax list of Melrose and of adjoining cities and towns if applicable, to owners of land directly opposite on any public or private street or way as they appear on the most recent tax list, to owners of land within 300 feet of the property line, to the Melrose Planning Board and to the planning boards of adjoining cities and towns.

Record. The public hearing shall be open to the public and shall be conducted in a manner consistent with rules published by the special permit granting authority. The special permit granting authority shall cause to be made a detailed record of its proceedings and shall include the vote of each member on each question, including whether absent or not voting. The record shall state in detail the reasons for the decisions made and shall record any limitations or conditions, if any. A copy of the record shall be filed with the City Clerk within 14 days of the decision.

Decision. The decision must be made within 90 days after the date of the public hearing, and failure to take final action upon an application for a special permit within 90 days following the date of the public hearing shall be deemed to be a grant of the permit applied for. A notice of the decision shall be mailed to the petitioner, abutters, owners of land directly opposite on any public or private street or way, owners of land within 300 feet of property line, even if in adjoining cities or towns, the Melrose Planning Board, the planning boards of adjoining cities or towns and to persons present at the hearing so requesting notice of the decision. Notice of the decision shall inform recipients of appellate rights under Section 14 of the Zoning Act.

Editor's Note: See MGL c. 40A, § 14.

Vote. A concurring vote of all but one of the members of the Board of Appeals is required to grant a special permit or variance by said Board, and two-thirds concurring vote of the Planning Board is required to grant a special permit by said Board.

Certification and recording of special permit or variance. Any special permit or variance granted by a special permit granting authority shall be certified by said authority and show the name and address of the landowner or applicant if other than the owner. The notice of special permit shall identify the land affected, set forth compliance with statutory prerequisites and state that a special permit has been granted and certify that copies of the decision and all plans referred to in the decision have been filed with the City Clerk and the Planning Board. No variance or special permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the City 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 with the date and time of such recording and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. A special permit granted under this chapter shall lapse in two years, which shall not include such time required to pursue or await the determination of an appeal, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.

Reconsideration of unfavorable action. Reconsideration of unfavorable action of a special permit granting authority shall be made pursuant to Section 16 of the Zoning Act and as noted in § 235-60C of this chapter.

Editor's Note: See MGL c. 40A, § 16.

Appeal. Appeal from the decision of a special permit granting authority shall be made only pursuant to Section 17 of the Zoning Act and as noted in § 235-60C of this chapter.

Editor's Note: See MGL c. 40A, § 17.

Conclusive nature of grant of special permit. Notwithstanding defect in notice, appeal in accordance with Section 17 of the Zoning Act shall constitute the exclusive remedy for complaint against the granting of a special permit. In the case of defect in notice, complaint must be commenced within 90 days from the time the decision is filed in the City Clerk's office.