Special Permit Uses Survey Results

Essex Planning Board Special Permit Uses Survey Results

Survey was open March 8 through 15, 2024

Thank you to all who took the Essex Planning Board Special Permit Survey. The survey was open through Friday, March 15. The results will be used by the Town of Essex Planning Board to propose additional Special Permit categories as part of the multi-year Bylaw update project, and will be posted here when available. The explanation of Special Permits and an explanation of the purpose of the survey that were provided while the survey was open are included here below the results for your convenience.

The Zoning Bylaw separates property uses into three main categories: those that are allowed "by right," those that are allowed by Special Permit, and those that are simply not permitted.  By right uses are always allowed in a district that permits those uses and are controlled by dimensional standards and other use requirements such as parking standards and accessory building limitations.  

Uses that require a Special Permit are those that are recognized as potentially incompatible with characteristics that are desirable in town, such as neighborhood character, traffic and pedestrian safety, environmental protections, and simple livability issues like noise or odors.

When a property owner wants to develop a property for a use that requires a Special Permit, the application is made through a public process that includes abutter notification, public notices, and a public hearing, all through the Planning Board.  As the Special Permit Granting Authority (SPGA), the Planning Board has the leeway to consider input from residents in the permitting process, as well as input from other town departments, including the DPW and public safety departments.  If a Special Permit is issued, it must be recorded with the property deed at the Registry of Deeds before a project can proceed.

As the SPGA, the Planning Board has the latitude to put conditions on a Special Permit that minimize the effect of a proposed use on the town and surrounding neighborhood.  They also have the ability to reject a proposed use if it is incompatible as proposed and cannot be conditioned to make it suitable.  

At this time, with 98% of all land in Essex in the General Use District where most uses are permitted throughout the town, adding uses to the list of those requiring a Special Permit is the most effective way to ensure future development is consistent with residents' preferences for the Town's character and livability qualities.

At this time, the Zoning Bylaw already requires Special Permits for airports, recreational facilities, private schools, public utilities, cell towers, trucking terminals, private hospitals, nursing homes, scientific research facilities, three-family conversions, multi-family and/or apartment use, wind turbines, and marijuana facilities.

The survey allowed residents to share which additional uses (if any) they think should require Special Permits, and of those, which are the most important to act on. This will help the Planning Board prioritize the work ahead. Thanks again to those who participated!