Town of Salisbury, MA Article VII Zoning Board of Appeals

§ 300-30 Appointment; terms of office.

[Amended 6-22-2020 ATM by Art. 9; 10-24-2022 ATM by Art. 29]

The Board of Selectmen shall appoint a Zoning Board of Appeals (ZBA), consisting of five members and two associate members, each to serve a term of three years. Vacancies shall be filled for the unexpired term by the Board of Selectmen. The ZBA shall, annually, elect a Chairman and a Clerk from its membership.

§ 300-31 Powers.

A. Under this bylaw, the ZBA shall have the following powers:

(1) To hear and decide appeals.

(2) To hear and decide applications for all special permits referred to in this bylaw.

(3) To authorize upon appeal, or upon petition in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon, a variance from the terms of this bylaw.

B. In exercising these powers, the ZBA may, in conformity with the provisions of this bylaw and the Zoning Act, revise or affirm in whole or in part, or may modify, any order or decision, and may make such order or decision as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issue of a permit.

§ 300-32 Adoption of rules.

The ZBA shall adopt rules, pursuant to the Zoning Act and not inconsistent with the provisions of the bylaw, for conducting its business and otherwise carrying out the purposes of the Zoning Bylaw. A copy of such rules shall be filed in the office of the Town Clerk. Meetings of the ZBA shall be held at the call of the Chairman, and also when called in such other manner as the ZBA shall determine in its rules.

§ 300-33 Appeals.

Any person as defined by Section VIII of the Zoning Act[1] aggrieved by reason of his inability to obtain a permit from the Building Inspector under the provisions of this bylaw or by any order or decision of the Building Inspector may take an appeal to the ZBA.

[1] Editor's Note: See MGL c. 40A, § 8.

§ 300-34 Variances.

[Amended 11-6-1989 ATM by Art. 26]

The ZBA shall have the power to grant upon appeal or upon petition a variance from the terms of this Zoning Bylaw where the ZBA finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this bylaw would involve substantial hardship, financial or otherwise, to the petitioner or appellant and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this bylaw.

§ 300-35 Special permits.

Certain uses, structures or conditions are designated in Article III, Use Regulations,[1] as special permits. Further, Article III provides that all uses not specifically permitted (or prohibited) but which are similar in character to the permitted uses shall be treated as requiring a special permit. Upon written application duly made to the ZBA, the ZBA may, in appropriate cases, subject to the applicable conditions contained herein, in the Special Permit Table, and subject to all other reasonable conditions and safeguards, grant a special permit for such uses, structures or conditions.

A. Before granting an application for a special permit, the ZBA 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 listed in the Table of Use Regulations as a special permit in the district for which application is made or is similar in character to permitted uses in a particular district but is not specifically mentioned.

(2) The requested use is essential and/or desirable to the public convenience or welfare.

(3) The requested use will not create undue traffic congestion or unduly impair pedestrian safety.

(4) The requested use will not overload any public water, drainage, or sewer system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the Town will be unduly subjected to hazards affecting health, safety, or the general welfare.

(5) Any special regulations for the use set forth in the Special Permit Table are fulfilled.

(6) The requested use will not impair the integrity or character of the district or adjoining districts, nor be detrimental to the health or welfare of the neighborhood.

(7) The requested use will not, by its addition to a neighborhood, cause an excess of that particular use that could be detrimental to the character of said neighborhood.

B. The ZBA shall also impose in addition to any applicable conditions specified in this bylaw such additional conditions as it finds reasonably appropriate to safeguard the neighborhood, or otherwise serve the purposes of this bylaw, including but not limited to the following: front, side, or rear yards greater than the minimum required by this bylaw; screening buffers or planting strips, fences, or walls, as specified by the ZBA; modification of the exterior appearance of the structures; limitation upon the size, number of occupants, method and time of operation, duration of permit, or extent of facilities; regulation of number and location of driveways or other traffic features; and off-street parking or loading or other special features beyond the minimum required by this bylaw. Such conditions shall be imposed in writing, and the applicant may be required to post bond or other security for compliance with said conditions in an amount satisfactory to the ZBA.

C. In order that the ZBA may determine that the above-mentioned restrictions are to be met, a site plan shall be submitted in duplicate to the ZBA by the applicant.

D. Said site plan shall show, among other things, all existing and proposed buildings, structures, parking spaces, driveway openings, driveways, service areas, and other open uses, all facilities for sewage, refuse and other waste disposal, and for surface water drainage, and all landscape features, such as fences, walls, planting areas, and walks.

E. A person may, prior to submitting his application for a special permit, meet with the ZBA and orally describe his project. The ZBA may waive or modify the requirements for a detailed site plan as described above after such a meeting.

F. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit provided the ZBA finds that the proposed accessory use does not substantially derogate from the public good.

[1] Editor's Note: See the Table of Use Regulationsm included as an attachment to this bylaw.