7.2.1 To provide an acceptable siting design and operation, safe access and transit so
that the dangers to the public safety, water supply, quality of the air, shall
receive adequate protection for the residents of the Town, hazardous waste facilities are permitted in the Restricted Industrial District only and after
issuance of a Special Permit by the Board of Appeals in accord with the following provisions:
7.2.2 DESIGN REQUIREMENTS
7.2.2.1 The site shall have a lot area of at least three hundred (300) acres.
7.2.2.2 No part of the facility shall be located within five hundred (500) feet of any public
way or body of water or abutting land.
7.2.2.3 Access to the facility over Town roads shall be minimized or where feasible
limited to State highways.
7.2.3 PROCEDURES FOR APPROVAL
7.2.3.1 FILING OF APPLICATION
A) An application for the granting of a special permit by the Board of
Appeals to approve a Hazardous Waste Facility shall be filed with the Board, with a copy filed forthwith with the Town Clerk, and shall be accompanied by six (6) copies of a preliminary plan for the entire tract under consideration prepared by appropriate designers and engineers.
7.2.3.2 CONTENTS OF APPLICATON
a) An analysis of the site including topographic, geological and soil
conditions, climate, surface water and groundwater hydrology, including water runoff and runon characteristics, wetlands and flooding conditions, drinking water supplies, and compliance with applicable statutes, regulations, judicial decisions regarding the protection of air, water and land resources;
b) A description of the type of hazardous wastes the developer proposes to
accept for treatment, processing and disposal at the facility;
c) A description of the technology and procedures the developer proposes to
use to treat, process, and dispose of hazardous waste at the facility;
d) A description of the present suitability of the site, and of what additional
measures, if any, will be required to make the site suitable for the purpose of constructing, maintaining and operating a facility;
e) Preliminary specifications and architectural drawings of the proposed
facility;
f) An environmental impact statement for the proposed facility at the site and
surrounding area;
g) A summary of the impact of the facility on the surrounding area.
7.2.3.3 Review of other Boards
a) Before acting upon the application, the Board shall submit it with the plan
to the following Boards which may review it jointly or separately: the Board of Health, the Conservation Commission, Department of Public Works, Chief of the Fire Department. Any such Board or Agency to which petitions are referred for review shall submit such recommendations as it
deems appropriate to the Board of Appeals and the applicant.
7.2.3.4 Public Hearing
a) After the opportunity for review by other boards has taken place, the
Board of Appeals shall hold a hearing under this section, in conformity with the provisions of General Laws Chapter 40A, Section 9, of this Zoning Bylaw.
7.2.3.5 Findings of the Board
a) In any application for a Special Permit under this section, the Board of
Appeals, with due regard to the nature and condition of all adjacent structures and uses and the district within which the same is located, shall find all of the following general conditions to be fulfilled:
1) The use requested is permitted in the district and is in
harmony with the general purpose and interest of this bylaw.
2) The requested use will not impair the integrity or character
of the neighborhood nor be detrimental to the health, morals or welfare of the same.
3) Requested use will not impair the integrity of the public
and private water supplies.
7.2.3.6 Bonding Requirement
a) Before granting any Special Permit, the Board may require a bond in favor
of the Town sufficient to assure financial responsibility in the event of damages resulting from accidents, negligence, misconduct, or malfunctioning in the construction, maintenance and operation of the facility, or from any other circumstances reasonably foreseeable occurring during or after construction or in the course of the maintenance and operation of hazardous waste facilities.
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