Town of Plainville, MA
Norfolk County
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Table of Contents
Table of Contents
The purpose of this bylaw is to provide for the Town of Plainville protection authorized by MGL c. 40A, and any amendments thereof.
[Amended 6-1-2015 ATM by Art. 59]
This bylaw shall be enforced by a qualified appointee or appointees of the Board of Selectmen. The Board may appoint both a principal and assistant enforcement agent or agents as needed.
No building shall be built, erected, razed, altered or moved and no use of land or a building shall be made, begun or changed without a permit having been issued by the Building Inspector (see § 500-18A).
Applications for a building permit(s) which are not subject to either site plan and/or floodplain review development permit(s) shall be accompanied by a plan showing the lot, lot area, the proposed location of the building on said lot, front, side and rear yard distances, the use proposed and such other pertinent information as required on the application form.
[Amended 6-5-2017 ATM by Art. 45]
For development permits which require site plan and/or floodplain review, the applicant shall submit the site plan application, plans depicting the overall layout and other required information to the Planning Board with a copy of all information to the Town Clerk. The application, and the required number of copies, shall be as specified on a form provided by the Planning Board. The Planning Board shall review said application by the criteria set forth in § 500-39, Site plan review, and/or § 500-40, Floodplain review, and approve, approve with conditions or deny said development permit within 60 days of the close of the public hearing by written notification to the Town Clerk and applicant.
There is hereby established a Board of Appeals of five members and three associate members to be appointed by the Selectmen as provided in MGL c. 40A, which shall act on all matters within its jurisdiction under this bylaw in the manner prescribed in MGL c. 40A. The Board of Appeals shall have the following powers:
The Board of Appeals shall hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of MGL c. 40A, by the regional planning agency or by any person, including an officer or board of the Town or of an abutting city or Town, aggrieved by an order or decision of the Building Inspector or other administrative official in violation of any provision of said MGL c. 40A or this bylaw.
The Board of Appeals established under this section shall be the permit granting authority provided under the provisions of MGL c. 40A with authority to hear and decide applications for permits requiring the waiver of strict compliance or the combination or replatting of lots as provided in § 500-16D and E of this bylaw.
Such exceptions to the requirements of this bylaw may be granted, provided the Board of Appeals finds that such a grant:
Would not in any substantial sense be detrimental to the immediate neighborhood; and
Would not in any substantial sense depreciate property values in the same neighborhood.
Special permits.
Except as may be provided otherwise in this bylaw, the Board of Appeals established under this section shall be the special permit granting authority under this bylaw and shall hear and decide applications for special permits subject to the special and general conditions of this bylaw.
No special permit may be issued except following a public hearing held within 65 days after the filing of an application with the Board of Appeals, a copy of which shall be forthwith given to the Town Clerk by the applicant. If substantial use or construction under a special permit has not commenced within three years after the issuance of such permit, except for a good cause and including any time needed to await the determination of any court appeal, the special permit shall lapse and become void.
[Amended 6-5-2017 ATM by Art. 46]
Variances. The Board of Appeals may authorize, upon appeal or upon petition with respect to particular land or to structures thereon, a variance from the terms of this bylaw where, owing to circumstances relating to the soil conditions, shape or topography of 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 appellant, 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 bylaw, but not otherwise.
This bylaw may be amended from time to time at any annual or special Town meeting in accordance with the provisions of MGL c. 40A, § 5.
The invalidity of any section or provision of the bylaw shall not invalidate any other section or provision thereof.
Where the application of this bylaw imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants or agreements, the provisions of this bylaw shall govern.
This bylaw and any amendments thereto shall take effect on the date of adoption or any amendment is voted by the Town Meeting, if approval by the Attorney General and subsequent publication is made pursuant to MGL c. 40, § 32.
A person who shall violate any provision of this bylaw may, upon conviction, be affixed a penalty in an amount not to exceed $300 a day for each offense. Each day, or portion of a day, that any violation continues shall constitute a separate offense.
Violations of this bylaw may be enforced via the noncriminal disposition provisions set forth in Chapter 277, Article II, of the Code of the Town of Plainville; in which case the penalty for any such violation shall be $50. The enforcing person(s) shall be the Inspector of Buildings.