Special Permits Procedure

The applicant is required to submit the following to the Planning Board:

  1.  2 copies of Form 3A (PDF)
  2. 16 copies of written letter/business plan to the Planning Board, which the applicant believes will better explain and describe the project for which the Special Permit is requested
  3. 16 copies of plans or drawings applicable to the project *
  4. Certified List of Abutters (PDF)** within 300’ of the boundary line of the subject property
  5. 3 copies of abutter's address labels for abutter notifications
  6. $175 Filing fee 
  7. Legal advertisement & certified mailing fee (will be requested by the office once completed)
  8. Electronic copy of application and all supporting documents emailed to the Planning Office, oprior@marionma.gov

For more detail, please refer to the Special Permit Procedures (PDF)

*Plans are to be of a minimum dimension of 8.5”X 14” but not to exceed a dimension of 24”X36”, drawn at a scale of 1” equals 40’. The Planning Board reserves the right to require additional copies of plans. Subject to agreement by the Planning Board, plans may be submitted electronically. The Planning Board will adhere to D.E.P. suggested guidelines pertaining to docks and piers as a standard practice. A waiver from the requirements for plan submission may be requested by the applicant prior to submission of the application. The Planning Board shall discuss the waiver request at a regularly scheduled meeting. 

**The applicant is solely responsible for obtaining a certified abutters listing from the Marion Assessor’s office.  Please fill out and return this form to the Assessor Office in order to obtain an Abutter's List. A $50 fee is required.


Once the application is complete and submitted to the Planning Board Office, it will go through a public hearing.

 

Public Hearing

Unless a late date is authorized in writing by the applicant, a public hearing on the application will be scheduled to open within 65 days of the filing date as certified by the Town Clerk. 

Within 5 days of receipt of the complete application package including the materials noted above, the Planning Board will request comments from the following departments: 

  • Board of Selectmen
  • Board of Health
  • Conservation Commission
  • Board of Appeals
  • Other relevant boards or officials 

The recipients of copies of the application will have 21 days to submit written comments to the Planning Board. The Planning Board shall not act upon the application until 21 days have expired or all recipients have responded (if sooner). 

I. Legal Advertisements & Abutters Notification

The first notice shall be published no less than 14 days prior to the opening of the public hearing. The notice will also be posted in a conspicuous place in Town Hall for a period of not less than 14 days before the opening of the public hearing. 

The Planning Board shall prepare a legal advertisement in The Wanderer once in each of 2 successive weeks, the first publication to be no less than 14 days prior to the date of the hearing.  The applicant is responsible for payment for the legal advertisement. The Planning office will bill the applicant once the Wanderer has issued a bill. 

The Planning Board Assistant will send notice of the public hearing, by Certified Mail, with Return Receipt Requested to each abutter, parties in interest, and the Planning Boards of all abutting towns. The applicant is responsible for payment of the certified mailing once the notification is completed. 

II. Decision

The Planning Board shall take a final vote on the application within 90 days of the opening of the public hearing unless the applicant agrees in writing to an extension and said extension is accepted by the Planning Board. 

The Planning Board’s decision granting or denying the Special Permit application will be filed with the Town Clerk within 14 days of the vote. Copies of the decision will be mailed to the applicant and the Planning Boards of all abutting towns. Abutters will be mailed notice stating whether the project has been approved or denied and that a copy of the decision is on file in the Planning office. 

III. Recording

After 20 days from the filing date with the Town Clerk, if no appeal has been filed, the Town Clerk will certify the decision as a true copy of the Special Permit and confirm the appeal period has passed without objection.  

The applicant shall record the Special Permit decision with the Plymouth County Registry of Deeds and return a copy of the first page of the decision with a date stamped receipt of the Registry of Deeds identifying the Book and Page number where said decision has been recorded. 

The Special Permit shall lapse and become null, void and void ab initio if the Decision is not recorded with the Plymouth County Registry of Deeds within six months of the expiration of the above noted 20 day appeal period.