This chapter and any amendment thereto shall
be administered in accordance with the provisions in Chapter 40A of
the General Laws of Massachusetts and the State Building Code, as
amended. Construction or operations under a building or special permit
shall conform to any subsequent amendment of the ordinance or bylaw
unless the use or construction is commenced within a period of not
more than six months after the issuance of the permit and, in cases
involving construction, unless such construction is continued through
to a completion as continuously and expeditiously as is reasonable.
[Amended STM 3-15-2008 by Art. 4]
Any person violating any provisions of this
chapter, any of the conditions under which a permit is issued or any
decision rendered by the Board of Appeals or Planning Board shall
be fined not more than $300 for each offense. Each day that such violation
continues shall constitute a separate offense.
A.
The Planning Board's responsibilities are established
in Chapter 40A and Chapter 41 of the General Laws of the Commonwealth.
In addition to these duties, the Planning Board is responsible for
site plan review and to hear and act on applications for some special
permits as provided for in this chapter.
B.
The Board of Selectmen and the Planning Board, acting
together, shall annually appoint an associate member of the Planning
Board for a term of one year. Any vacancy shall be filled for the
unexpired term in the same manner as the original appointment. The
Chairman of the Planning Board, in addition to the powers granted
to him under the rules adopted by the Planning Board, shall have the
power to designate the associate member to sit on the Planning Board
to hear and act on applications for special permits as provided for
in this chapter in case of the absence, inability to act or conflict
of interest on the part of any members thereof, or in the event of
a vacancy, until said vacancy is filled in the manner provided by
statute.
[Added ATM 4-17-1991 by Art. 20]
A.
A Board of Appeals consisting of not fewer than three
members and two associate members is hereby established. The members
and associate members of said Board shall be appointed in accordance
with MGL C. 40A, § 14, as amended.
B.
The Board of Appeals shall have the following powers:
(1)
To hear and decide appeals taken as provided in this
chapter and Massachusetts General Law, Chapter 40A, as amended.
(2)
To hear and decide applications for special permits
as provided in this chapter upon which such Board is required to pass.
(3)
To authorize upon appeal, or upon petition in cases
where a particular dimensional variance 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 chapter
where, owing to conditions especially affecting such parcel or building
but not affecting generally the zoning district in which it is located,
a literal enforcement of the provisions of this chapter would involve
substantial hardship, financial or otherwise, to the applicant, and
where 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 chapter, but not otherwise. In
exercising these powers, the Board may impose limitations of time,
and a continuation of the dimensional variance permitted may be conditioned
upon compliance.
C.
Procedures and hearing and rules shall be in accordance
with the provisions of Chapter 40A of the General Laws of the Commonwealth
of Massachusetts.
No amendments to this chapter and no zone line
or zone change as indicated on the Zoning Bylaw Map,[1] which is a part of this chapter, shall be made except
by vote at a Town Meeting after the Planning Board has held a public
hearing thereon, after due notice given, and has submitted a final
report with recommendations to the Town Meeting or otherwise acted
in accordance with the applicable provisions of MGL C. 40A, § 5.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Planning Board. See the Table of Zoning Map amendments
included at the end of this chapter.
All bylaws or parts of bylaws heretofore passed,
inconsistent herewith, are hereby repealed.
Should any sections or provisions of this chapter
be decided by the courts of competent jurisdiction or the Attorney
General to be unconstitutional or invalid, such decision shall not
affect the validity of this chapter as a whole or any part thereof
other than the part so decided as being unconstitutional or invalid.
This chapter shall take effect upon the completion
of the requirements for adoption of a zoning bylaw as stated in Chapter
40A of the General Laws of the Commonwealth of Massachusetts, as amended.
