[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.
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.
Any person as defined by Section VIII of the
Zoning Act 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.
[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.
Certain uses, structures or conditions are designated in Article
III, Use Regulations, 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.