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:
A.
Appeals.
(1)
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.
(2)
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.
(3)
Such exceptions to the requirements of this bylaw
may be granted, provided the Board of Appeals finds that such a grant:
B.
Special permits.
(1)
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.
(2)
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]
C.
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.
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.
