A.
This chapter shall be enforced by the Building Inspector
appointed by the Board of Selectmen and by the general authority of
the Board of Selectmen.
B.
If the Building Inspector or Board of Selectmen is
requested in writing to enforce this chapter against any person allegedly
in violation of its provisions, the Inspector or Board shall take
appropriate action and shall notify, in writing, the party requesting
enforcement of any decision not to act, and the reasons therefor,
within 14 days of the receipt of such request.
C.
Any person aggrieved by his inability to obtain an
enforcement action from the Building Inspector or Board of Selectmen
may appeal the decision not to act to the Board of Appeals.
D.
Any person violating any of the provisions of this
chapter shall be fined not more than $100 for each offense. Each day
that such violation continues shall constitute a separate offense.
The Superior Court shall also have authority to restrain by injunctions
any violation of this chapter.
[Amended ATM 5-1-1989 by Art. 35]
No permit shall be issued for the erection or
alteration of any building unless the proposed specifications and
intended use of the building conform to all provisions of this chapter.
With each application for a permit to build, there shall be filed
a plan, drawn by a registered land surveyor, showing the lot, location
and specification of the proposed building and all open spaces, including
any wetlands (as defined by MGL c. 131) and determined by field survey
to be within 100 feet of the proposed building, appurtenant thereto;
however, the Building Inspector may waive this requirement if he determines
that the proposed work is of a minor nature. The application shall
also contain a description of the existing and intended use of the
proposed building and such other information as the Building Inspector
may require for the proper enforcement of this chapter. An applicant
for a building permit who is aggrieved by an adverse decision or by
the Building Inspector's failure to take action on his application
may file an appeal with the Board of Appeals. A record of all applications,
plans and permits and the action taken thereon shall be kept on file
by the Building Inspector.
No structure, building or part thereof which
is erected or substantially altered by construction shall be occupied
or used and no activity upon land which is regulated by this chapter
shall be commenced until a certification of compliance with this Zoning
chapter has been issued by the Building Inspector. Certification of
compliance may be made by the Building Inspector endorsing the building
permit to show satisfactory completion of the work or, if no permit
was required, by a special certificate of compliance which states
the use to which the land or structure will be put and that such use
and specifications conform to the applicable provisions of this Zoning
chapter.
A.
There shall be a Zoning Board of Appeals composed
of 3 members and 2 associate members appointed by the Board of Selectmen
pursuant to MGL c. 40A, § 12. The Board of Appeals shall
adopt rules for the conduct of business and shall elect annually 1
of its members to serve as Chairman. The Board of Appeals shall have
the powers and duties set forth in the General Laws and this chapter,
and, in particular, shall have the authority to:
B.
In all cases the Board of Appeals shall give due consideration
to promoting the public health, safety, convenience and welfare. The
Board shall not permit any buildings, structure or use which is injurious,
noxious, offensive or detrimental to a neighborhood, and the Board
shall prescribe appropriate conditions or safeguards in each case.
[Amended ATM 5-8-1990 by Art. 21]
The Board of Appeals shall have the authority
to grant variances from the provisions of this chapter; provided,
however, that the Board of Appeals shall not grant a use variance.
In order to grant such a variance, the Board of Appeals must, after
public hearing held within 65 days after filing of an application,
specifically find that circumstances relating to soil conditions,
topography or the shape of the land or structures which especially
affect the particular land or structure, but do not generally affect
the zoning district in which it is located, are such that a literal
enforcement of the terms of this chapter would involve substantial
hardship, financial or otherwise, to the applicant for the variance
and that desirable relief may be granted without substantial detriment
to the public good and without nullifying or substantially derogating
from the intent and purpose of this chapter. The Board of Appeals
may impose conditions, safeguards and limitations, both of time and
of use, including the conditions on the continued existence of particular
structures, but excluding any condition, safeguard or limitation upon
the ownership of the land or structures to which the variance pertains.
If the rights authorized by a variance are not exercised within 1
year of the date the variance was granted, such rights shall lapse
and may be reestablished only if a new variance is granted pursuant
to this section. The Board of Appeals shall issue its decision within
100 days of the filing of the application; failure to take final action
within such 100 days shall be deemed to be a grant of the variance
applied for and the applicant shall be entitled to whatever documents
are necessary to evidence the variance.
A.
Except where the Zoning chapter expressly provides
for the approval of another authority, the Board of Appeals shall
be the special permit granting authority. Applications for Special
Permits shall be filed with the Town Clerk. The special permit granting
authority shall hold a public hearing upon each application within
65 days after filing. The special permit granting authority may grant
a Special Permit if it specifically finds that the proposed use will
be in harmony with the general purpose and intent of this chapter
and will conform to any conditions, safeguards or limitations of time
or use which the special permit granting authority deems fit to impose.
Special permit issued by a special permit granting authority shall
require a vote of at least 4 members of a five-member board and a
unanimous vote of a three-member board.
B.
Uses which are accessory to activities permitted as
a matter of right and which are necessary in connection with scientific
research or scientific development or related production may be permitted
if the Board of Appeals finds that the proposed accessory use does
not derogate from the public good.
C.
The special permit granting authority shall issue
its decision within 90 days of the public hearing on an application;
failure to take final action within such 90 days shall be deemed to
be a grant of the Special Permit applied for, and the applicant shall
be entitled to whatever documents are necessary to evidence the permit.
D.
Any Special Permit granted under this section shall
lapse after a period to be specified by the special permit granting
authority, such period not to exceed 2 years from date of issue, unless
the permitted use, activity or construction shall have been commenced
within such time.
E.
When reviewing an application for or when conducting inspections in relation to a Special Permit, the special permit granting authority may determine that the outside assistance of consultants is necessary. In such event, the procedures, requirements and financial responsibility outlined in Chapter 248, Subdivision of Land, Article VII, § 248-25, Review fees, shall apply.
[Added ATM 5-7-2002 by Art. 26]
F.
In accordance with Chapter 40A, Section 9, of the Massachusetts General
Laws, an associate member of the Planning Board shall be elected at
the Annual Town Election for a two-year term. Any vacancy in the position
shall be filled in accordance with the procedure prescribed in Chapter
41, Section 81A, of the Massachusetts General Laws. The Chairman of
the Planning Board, when acting as special permit granting authority,
may designate the associate member to sit on this Board for the purposes
of acting on a Special Permit application in the case of the absence,
inability to act, or conflict of interest on the part of any member
of the Planning Board or in the event of a vacancy on this board.
[Added ATM 5-6-2013 by Art. 11]
Notice of any public hearings required by this
chapter shall be properly served in the manner set forth in MGL c.
40A, § 11.
A.
Upon the granting, extension, renewal or denial of
any Special Permit, variance or approval required by this chapter,
the permit granting authority or special permit granting authority,
as the case may be, shall issue to the owner of the affected property
and the applicant if other than the owner a certified copy of the
decision, containing the name and address of the owner, identifying
the property affected, setting forth any terms or conditions of the
permit or variance and certifying that a copy of the decision and
any plans to which it refers have been filed with the Town Clerk.
Notice of the decision shall also be given as provided in MGL c. 40A,
§ 15.
B.
No variance or Special Permit or any extension, modification
or renewal thereof shall take effect until the Town Clerk has certified
that 20 days have elapsed after the decision has been filed in the
office of the Town Clerk and no appeal has been filed or that any
appeal has been dismissed or denied and the applicant has recorded
a copy of the decision bearing the certification of the Town Clerk
with the Registry of Deeds and it has been properly indexed. The fee
for recording shall be paid by the owner or applicant.
[Amended ATM 5-6-1991 by Art. 16]
C.
No appeal, application or petition which has been
denied or received unfavorable and final action by the special permit
granting authority or permit granting authority shall be reconsidered
for at least 2 years after the date of final unfavorable action unless
said special permit granting authority or permit granting authority
finds, by a unanimous vote of a board of 3 members or by a vote of
4 members of a board of 5 members, that specific and material changes
in the conditions upon which the previous action was based warrant
earlier reconsideration and at least 4 of the 5 members of the Planning
Board, after public hearing, concur in this determination.
D.
Any petition for a variance or application for a Special
Permit may be withdrawn without prejudice at any time before publication
of the notice of hearing thereon; after notice of the public hearing
has been published, a petition or application may be withdrawn without
prejudice only with the approval of the special permit granting authority
or permit granting authority.
E.
Any person aggrieved by a decision of the permit granting
authority or special permit granting authority, whether or not previously
a party, or any municipal officer or board may obtain judicial review
of the decision pursuant to MGL c. 40A, § 17.
Construction authorized by a building or Special
Permit shall conform to any subsequent amendment of this Zoning chapter,
unless the construction is commenced within 6 months of the issuance
of the permit and is continued through to completion as continuously
and expeditiously as is reasonable. Any operation or use authorized
by a building or Special Permit shall conform to any subsequent amendment
of this Zoning chapter, unless such use is commenced within 6 months
of the issuance of the permit. Once construction has been completed
or a use has commenced as authorized by a building or Special Permit,
subsequent amendments shall not affect the terms of the permit except
through the general provisions of this chapter governing nonconforming
structures and uses.
