9.1.1.
Director of Inspectional Services. The Director of Inspectional
Services shall administer and enforce the provisions of this chapter,
including the receiving of applications, the inspection of premises
and the issuing of building permits for the construction, alteration
or relocation of building and structures.
9.1.2.
Building permit. No building or structure shall be erected,
added to or structurally altered until a building permit therefor
has been issued by the Director of Inspectional Services. The Director
of Inspectional Services shall return to the applicant one set of
the plans submitted for a building permit, after marking such copy
either as approved or disapproved. One set of the plans and application
for a building permit shall be retained in the office of the Director
of Inspectional Services and shall be available during the normal
working hours of said Department for public inspection. Whenever such
permit is refused, because of some provision of this chapter, the
reason for such refusal shall be clearly stated in writing by the
Director of Inspectional Services. In the event of doubt whether a
building permit should be issued in any particular case, the Director
of Inspectional Services shall deny the application therefor.
1.
Pursuant to the State Building Code, the Director of Inspectional
Services may require such plans and specifications as may be necessary
to determine compliance with all pertinent laws of the commonwealth
and may request advisory reviews by other municipal boards and officials.
9.1.3.
Enforcement. The Director of Inspectional Services shall not
grant a permit for the construction, alteration or relocation of any
building or structure except where the provisions of this chapter
have been complied with, nor shall any municipal officer issue any
permit or license for a new use of a building, structure or land which
use would be in violation of this chapter or amendments thereof. If
the Director of Inspectional Services shall find that any of the provisions
of this chapter are being violated, he shall notify in writing the
person responsible for such violation, indicating the nature of the
violation and ordering the action necessary to correct it. He shall
order discontinuance of illegal use of land, buildings or structures,
or work related thereto, or removal of illegal buildings or structures
or of illegal additions, alterations or structural changes, or shall
take any other action authorized by this chapter to ensure compliance
with its provisions.
9.1.4.
Occupancy permit. No land shall be occupied or used and no building
or structure, erected or structurally altered, shall be occupied or
used in whole or in part for any purpose until an occupancy permit
has been issued by the Director of Inspectional Services stating that
all buildings and use of premises comply with the provisions of this
chapter and the Building Code of the City. An occupancy permit becomes
void immediately upon termination of the use for which it was issued.
[Amended 6-1-2020 by Order
No. 2020-012]
1.
A record of all occupancy permits shall be kept on file by the Director
of Inspectional Services and certified copies shall be furnished on
request to any person having a proprietary or tenancy interest in
the premises affected, upon payment of the required fee.
9.1.5.
Grievances. Any person aggrieved by a violation of any portion
of this chapter may formally request the Director of Inspectional
Services in writing to enforce the provisions hereof, and the Director
of Inspectional Services shall act upon such request pursuant to MGL
c. 40A, § 7.
9.1.6.
Appeal to Zoning Board of Appeals. Any person aggrieved by any
action taken or determination made by the Director of Inspectional
Services in the administration of this chapter may appeal within 30
days thereafter to the Zoning Board of Appeals by filing with the
City Clerk a notice of appeal specifying the grounds thereof and filing
an application to the Zoning Board of Appeals.
9.1.7.
Penalties. The penalty for violation of any provision of this
chapter, of any of the conditions under which a permit is issued,
or of any decision rendered by the Zoning Board of Appeals, any special
permit granting authority, or the site plan approval board shall be
$300 for each offense. Each day that each violation continues shall
constitute a separate offense.
9.2.1.
Establishment. There shall be a Zoning Board of Appeals as provided
by MGL c. 40A, § 12, as amended, which shall act on all
matters within its jurisdiction under this chapter in the manner prescribed
in such section. The Board shall consist of five members to be appointed
by the Mayor. All members of the Board shall be residents of the City;
one member shall be an attorney at law and one shall be either an
architect, engineer or master builder. The terms shall be arranged
so that one member is appointed on the first Monday of each February
for a term of five years. Any vacancy in the Board shall be filled
for the remainder of the unexpired term. There shall also be three
associate members of the Zoning Board of Appeals who shall be appointed
in like manner and have the same qualifications as the regular members
of the Board, but for a term of three years. In case of an unfilled
vacancy, inability to act, or interest on the part of a member of
such Board, the Chairperson shall designate one of the associate members
to take the place of such member.
9.2.2.
Powers. The Zoning Board of Appeals shall exercise the powers
and perform the duties prescribed for a Zoning Board of Appeals under
the provisions of MGL c. 40A and c. 40B, or any amendments thereto.
Any action of such Board, under such sections, shall be in accordance
with and subject to the terms thereof. The Board's powers are as follows:
1.
To hear and decide applications for special permits and findings.
Unless otherwise specified herein, the Zoning Board of Appeals shall
serve as the special permit granting authority, to act in all matters
in accordance with the provisions of Section 9.4, or as otherwise
specified.
2.
To hear and decide appeals or petitions for variances from the terms
of this chapter, with respect to particular land or structures, as
set forth in MGL c. 40A, § 10. The Zoning Board of Appeals
may grant use variances in all districts.
3.
To 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, §§ 7,
8 and 15.
4.
To hear and decide comprehensive permits for construction of low-
or moderate-income housing by a public agency or limited dividend
or nonprofit corporation, as set forth in MGL c. 40B, §§ 20
to 23.
9.2.3.
Procedures. Applications shall be filed in accordance with the
rules and regulations of the Zoning Board of Appeals. An application
shall not be deemed complete until all copies of required information
and documentation have been filed with the Zoning Board of Appeals.
9.2.4.
Conditions. Special permits and variances may be granted with
such reasonable conditions, safeguards, or limitations on time or
use, including performance guarantees, as the special permit or permit
granting authority may deem necessary to serve the purposes of this
chapter.
9.2.5.
Regulations. The Zoning Board of Appeals may adopt rules and
regulations for the administration of its powers.
9.2.6.
Fees. The Zoning Board of Appeals may adopt reasonable administrative
fees and technical review fees for petitions for variances, administrative
appeals, and applications for comprehensive permits.
9.3.1.
Establishment. An appointed Planning Board of five members is
hereby established.
9.3.2.
Powers. The Planning Board shall have the following powers:
1.
When so designated, to hear and decide applications for special permits
as provided in this chapter, subject to any general or specific rules
therein contained and subject to any appropriate conditions and safeguards
imposed by the Board.
2.
To review applications for site plan approval pursuant to Section
9.5 of this chapter.
3.
To issue a certificate of consistency pursuant to Section 8.3 of
this chapter.
9.3.3.
Rules and regulations. The Planning Board shall adopt rules
and regulations not inconsistent with the provisions of the Zoning
Ordinance for conduct of its business and otherwise carrying out the
purposes of said MGL c. 40A and shall file a copy of such rules in
the office of the City Clerk.
9.3.4.
Fees. The Planning Board may adopt reasonable administrative
fees and technical review fees for applications for special permits
and site plan approval.
9.4.1.
Special permit granting authority. The City Council, Zoning
Board of Appeals, or the Planning Board, where designated herein,
shall serve as the special permit granting authority.
9.4.2.
Criteria. Special permits shall be granted by the special permit
granting authority, unless otherwise specified herein, only upon its
written determination that the proposed use or structure(s) shall
not cause substantial detriment to the neighborhood or the City, taking
into account the characteristics of the site and of the proposal in
relation to that site. In addition to any specific factors that may
be set forth in this chapter, such determination shall include consideration
of each of the following:
1.
Community needs served by the proposal;
2.
Traffic and pedestrian flow and safety, including parking and loading;
3.
Adequacy of utilities and other public services;
4.
Neighborhood character and social structures;
5.
Impacts on the natural environment; and
6.
Potential fiscal impact, including impact on City services, tax base,
and employment.
9.4.3.
Procedures. Applications shall be filed in accordance with the
rules and regulations of the special permit granting authority. An
application shall not be deemed complete until all copies of required
information and documentation have been filed with the special permit
granting authority.
9.4.4.
Conditions. Special permits may be granted with such reasonable
conditions, safeguards, or limitations on time or use, including performance
guarantees, as the special permit granting authority may deem necessary
to serve the purposes of this chapter.
9.4.5.
Plans. An applicant for a special permit shall submit a plan
in substantial conformance with the requirements of Section 9.5 herein.
9.4.6.
Lapse. Special permits shall lapse if a substantial use thereof
or construction thereunder has not begun, except for good cause, within
24 months following the filing of the special permit approval (plus
such time required to pursue or await the determination of an appeal
referred to in MGL c. 40A, § 17, from the grant thereof)
with the City Clerk.
9.4.7.
Regulations. The special permit granting authority may adopt
rules and regulations for the administration of this section.
9.4.8.
Fees. The special permit granting authority may adopt reasonable
administrative fees and technical review fees for applications for
special permits.
9.4.9.
Minimum mandatory conditions. In addition to any other conditions
that may be required pursuant to Section 9.4.4 it shall be a material
condition of this special permit that any construction manager, general
contractor or other lead or primary contractor, or any entity functioning
in any such capacity, and any other contractor or subcontractor of
any tier or other person or entity that is engaged to perform the
construction work on the property that is the subject of this special
permit shall comply with all laws applicable to the compensation of
workers, including but not limited to the provisions of MGL c. 149,
MGL c. 152 and Chapter 58 of the Acts of 2006.
[Added 2-6-2017 by Order No. 2016-074]
9.4.10.
Compliance/remedies. If any person or entity that is subject
to the foregoing fails to comply with any such laws applicable to
work on the project and the Director of Inspectional Services is notified
of, and confirms, such failure, the Director of Inspectional Services
or his designee shall take such steps as are reasonably necessary,
up to and including the issuance of a stop-work order directed to
the party so failing, or to the general contractor relative to all
work on the project, in order to achieve expedited compliance. Such
stop-work order shall remain in effect until full compliance is achieved.
[Added 2-6-2017 by Order No. 2016-074]
9.5.1.
Applicability. Except in the Quincy Center Districts, the following
types of activities and uses require site plan review by the Planning
Board:
1.
All multifamily or apartment development in any zoning district which
results in a dwelling with three or more dwelling units.
2.
All construction of a new nonresidential structure or expansion of
an existing nonresidential structure which results in a total of more
than 5,000 gross square feet but less than 9,999 gross square feet.
3.
Construction or expansion of a parking lot which results in a total
of more than 10 spaces for a municipal, institutional, commercial,
industrial, or multifamily structure or purpose.
4.
Any new structure or alteration of an existing structure or change
of use in any structure for an entity claiming exemption under MGL
c. 40A, § 3; provided, however, that site plan review shall
not be applicable to any municipally owned or operated preschool,
elementary school, middle school, or high school. Site plan review
shall be limited in such circumstances to the imposition of reasonable
regulations concerning the bulk and height of structures and determining
yard sizes, lot area, setbacks, open space, parking and building coverage
requirements.
5.
Wind facilities that do not exceed 250 feet in height as set forth
in Section 6.7 herein.
6.
Commercial storage of boats, unenclosed.
9.5.2.
Procedures. Site plan review shall require a public hearing
in accordance with the procedures set forth in MGL c. 40A, §§ 9
and 11. Applicants shall submit eight full and 10 reduced copies of
the site plan to the Planning Board for review and circulation by
the Planning Board to the City Council, Health Commissioner, Department
of Public Works Commissioner, Director of Inspectional Services, City
Engineer, and Conservation Commission for their advisory review and
comments. The Planning Board shall review and act upon the site plan,
with such conditions as may be deemed appropriate, within 90 days
of its receipt and notify the applicant of its decision. The decision
of the Planning Board shall be upon a majority of the Board as constituted,
shall be in writing, and shall be filed in the office of the City
Clerk. No building permit or occupancy permit shall be issued by the
Director of Inspectional Services without the written approval of
the site plan by the Planning Board, or unless 90 days lapse from
the date of the submittal of the site plan without action by the Planning
Board.
[Amended 6-1-2020 by Order
No. 2020-012]
1.
Application for building permit. An application for a building permit
to perform work as set forth in Section 9.5.1 available as of right
shall be accompanied by an approved site plan.
2.
Where the Planning Board serves as the special permit granting authority
for proposed work, it shall consolidate its site plan review and special
permit procedures.
3.
The applicant may request, and the Planning Board may grant by majority
vote, an extension of the time limits set forth herein.
4.
No deviation from an approved site plan shall be permitted without
modification thereof.
9.5.3.
Preparation of plans; contents. Applicants are invited to submit
a pre-application sketch of the proposed project to the Planning Board
and to schedule a comment period at a regular meeting of the Planning
Board. Site plans shall be submitted on sheets 24 inches by 36 inches.
Plans shall be prepared by a registered professional engineer, registered
land surveyor, architect, or landscape architect, as appropriate.
Dimensions and scales shall be adequate to determine that all requirements
are met and to make a complete analysis and evaluation of the proposal.
All plans shall have a minimum scale of one inch equals 20 feet. The
contents of the site plan are as follows:
1.
Six separate plans prepared at a scale of one inch equals 20 feet
or such other scale as may be approved by the Planning Board. The
plans are as follows:
a.
Locus plan, at a scale of one inch equals 100 feet, showing
the entire project and its relation to existing areas, buildings and
roads for a distance of 1,000 feet from the project boundaries or
such other distance as may be approved or required by the Planning
Board.
b.
Site layout, which shall contain the boundaries of the lot(s)
in the proposed development, proposed structures, drives, parking,
fences, walls, walks, outdoor lighting, loading facilities, areas
for snow storage after plowing, and all proposed recreational facilities
and open space areas.
c.
Topography and drainage plan, which shall contain the existing
and proposed final topography at two-foot intervals and plans for
handling stormwater drainage, and all wetlands including floodplain
areas.
d.
Utility plan, which shall include all facilities for refuse
and sewage disposal or storage of all wastes, the location of all
hydrants, fire alarm and fire-fighting facilities on and adjacent
to the site, and electric, water, gas, telephone, and cable.
e.
Architectural plan, which shall include the ground floor plan
and architectural elevations of all proposed buildings and a color
rendering.
f.
Landscaping plan, showing the limits of work, existing tree
lines, and all proposed landscape features and improvements, including
screening, planting areas with size and type of stock for each shrub
or tree, and including proposed erosion control measures.
2.
The site plan shall be accompanied by a written statement indicating
the estimated time required to complete the proposed project and any
and all phases thereof. There shall be submitted a written estimate
showing in detail the costs of all site improvements planned.
3.
A written summary of the contemplated projects shall be submitted
with the site plan indicating, where appropriate, the number of dwelling
units to be built and the acreage in residential use, the evidence
of compliance with parking and off-street loading requirements, the
forms of ownership contemplated for the property and a summary of
the provisions of any ownership or maintenance thereof, identification
of all land that will become common or public land, and any other
evidence necessary to indicate compliance with this chapter.
5.
Certification that the proposal is in compliance with the provisions,
if applicable, of the Americans with Disabilities Act and the Massachusetts
Architectural Access Board.
[Amended 6-1-2020 by Order
No. 2020-012]
9.5.4.
Waiver. The Planning Board, at its discretion, may waive any
technical requirement of this Section 9.5 for a project which is unusually
simple or small. Such waiver may be granted prior to submittal or
after submittal during the public hearing. The Planning Board may
define a minor site plan in its rules and regulations and specify
waivers to be granted therein.
9.5.5.
Approval. Site plan approval shall be granted upon determination
by the Planning Board that the plan meets the following objectives.
The Planning Board may impose reasonable conditions at the expense
of the applicant, including but not limited to those set forth in
Section 9.5.6, to promote these objectives. Any new building construction
or other site alteration shall provide adequate access to each structure
for fire and service equipment and adequate provision for utilities
and stormwater drainage consistent with the functional requirements
of the Planning Board's Subdivision Rules and Regulations and/or the
Quincy Stormwater Ordinance.[2] New building construction or other site alteration shall
be designed in the site plan, after considering the qualities of the
specific location, the proposed land use, the design of building form,
grading, egress points, and other aspects of the development, so as
to:
1.
Minimize the volume of cut and fill, the number of removed trees
six inches caliper or larger, the length of removed stone walls, the
area of wetland vegetation displaced, the extent of stormwater flow
increase from the site, soil erosion, and threat of air and water
pollution.
2.
Maximize pedestrian and vehicular safety both on the site and egressing
from it.
3.
Minimize obstruction of scenic views from publicly accessible locations.
4.
Minimize visual intrusion by controlling the visibility of parking,
storage, or other outdoor service areas viewed from public ways or
premises residentially used or zoned.
5.
Minimize glare from headlights and lighting intrusion.
6.
Minimize unreasonable departure from the character, materials, and
scale of buildings in the vicinity, as viewed from public ways and
places; minimize interference with architectural details in the placement
or installation of fixtures, including signs; maximize orientation
of the main facade of buildings to the street providing frontage.
7.
Minimize contamination of groundwater from on-site wastewater disposal
systems or operations on the premises involving the use, storage,
handling, or containment of hazardous substances.
8.
Ensure compliance with the provisions of this chapter, including
parking and landscaping.
9.5.6.
Existing residential structures. All new construction, or construction
of any addition where the gross floor area of an existing residential
structure is increased by no less than 50%, shall be subject to and
in conformance with the following guidelines:
1.
The structure shall be oriented to the main street.
2.
Primary massing of building should be located along the street facade.
3.
The structure shall not have any blank exterior walls.
4.
Wherever possible, garage doors shall be oriented away from the main
street.
5.
Window and door treatments shall be rhythmic in design.
6.
Roofs shall not be excessively pitched.
7.
Wherever possible, parking areas shall be located to the rear and
side of the structure.
8.
Parking areas and HVAC equipment shall be appropriately screened.
9.
Materials shall be subject to the review of the Director of Inspectional
Services and compatible with the general character of the neighborhood
and subject to any design guidelines subsequently adopted by the Quincy
City Council and approved by the Mayor, in effect at the time of the
filing of an application for a building permit.
9.5.7.
Lapse. Site plan approval shall lapse after two years from the
grant thereof if a substantial use thereof has not sooner commenced
except for good cause. Such approval may, for good cause, be extended
in writing by the Planning Board upon the written request of the applicant.
9.5.8.
Regulations; fees. The Planning Board may adopt and from time
to time amend reasonable regulations for the administration of these
site plan guidelines. The Planning Board may adopt reasonable administrative
fees and technical review fees for site plan review.
9.5.9.
Appeal. Any decision of the Planning Board pursuant to this
Section 9.5 shall be appealed in accordance with the provisions of
MGL c. 40A, § 17, to a court of competent jurisdiction.
The City of Quincy hereby authorizes the appointment of a Zoning
Administrator, who unless otherwise provided by Charter shall be appointed
by the Zoning Board of Appeals, subject to confirmation by the City
Council, to serve at the pleasure of the Zoning Board of Appeals pursuant
to such qualifications as may be established by the City Council.
The Zoning Board of Appeals may delegate to said Zoning Administrator
some of its powers and duties by a concurring vote of all except one
member. Any person aggrieved by a decision of order of the Zoning
Administrator, whether or not previously a party to the proceeding,
or any municipal office or board, may appeal to the Zoning Board of
Appeals, as provided in MGL c. 40A, § 14, within 30 days
after the decision of the Zoning Administrator has been filed in the
office of the City Clerk. Any appeal, application or petition filed
with said Zoning Administrator as to which no decision has issued
within 35 days from the date of filing shall be deemed denied and
shall be subject to appeal to the Zoning Board of Appeals as provided
in MGL c. 40A, § 8. The Zoning Administrator shall serve
without compensation.
