This chapter shall be administered by the Building Commissioner/Inspector
of Buildings or his delegates, who may delegate the responsibilities
set forth hereunder to members of the Inspectional Services Department.
Buildings, structures or signs may not be erected, substantially altered,
moved, or changed in use and land may not be substantially altered
or changed in principal use unless in compliance with then-applicable
zoning, and after all necessary permits have been received under federal,
state, or local law.
Pursuant to the State Building Code, the Building Commissioner/Inspector
of Buildings may require such plans and specifications as may be necessary
to determine compliance with all pertinent laws of the commonwealth.
For the purpose of constructing accessory buildings and structures
to residential uses and the addition of unroofed decks to residential
uses, mortgage survey plans are sufficient for determining compliance
with zoning requirements, provided that the mortgage survey plan shows
the proposed construction and setbacks.
A.
The Building
Commissioner/Inspector of Buildings shall institute and take any and
all such action as may be necessary to enforce full compliance with
any and all of the provisions of this chapter and of permits and variances
issued thereunder. The Building Commissioner/Inspector of Buildings
may, from time to time, delegate this duty to various members of the
Inspectional Services Department.
B.
The Building
Commissioner/Inspector of Buildings shall execute the provisions of
this chapter, except when otherwise provided, and in so doing he shall
have the same powers as are provided for the execution of the building
ordinances of the City. He shall issue no permit for the construction,
alteration, enlargement, reconstruction, raising up, moving or use
of any building, structure or premises, or part thereof, which would
be in violation of the provisions of this chapter or of MGL c. 40A.
The Building Commissioner/Inspector of Buildings shall, where
such permit so authorizes and after proper identification, have the
right to enter any premises for the purpose of inspecting any building
or structure, at a reasonable hour and at such times as may be reasonably
necessary to enforce this chapter.
Notwithstanding the foregoing, any alleged violation of any
of the provisions of this chapter may, in the sole discretion of the
Building Commissioner/Inspector of Buildings, be made the subject
matter of proceedings initiated by the Building Commissioner pursuant
to the noncriminal disposition provisions of MGL c. 40, § 21D.
If the Building Commissioner so elects to initiate such provision,
all the terms and provisions thereof shall govern said action.
[Amended 6-20-2019 by Ord. No. 2019-21]
There is hereby established a Board of Appeals of five members and two associate members appointed by the Mayor in accordance with Section 3-3 of The Charter.
The Zoning Board of Appeals shall have and exercise all the
powers granted to it by Chapters 40A, 40B, and 41 of the General Laws
and by this chapter. The Board's powers are as follows:
A.
To hear and decide applications for special permits. 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
this chapter, or as otherwise specified.
B.
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, §§ 8
and 15.
C.
To hear and decide appeals or petitions for variances from the terms
of this chapter, with respect to particular land, uses, or structures,
as set forth in MGL c. 40A, § 10.
The Board of Appeals may adopt rules and regulations for the
administration of its powers.
The Board of Appeals may adopt reasonable administrative fees
and technical review fees for petitions for variances, administrative
appeals, and applications for comprehensive permits.
In accordance with MGL c. 40A, § 16, no application
or petition which has been unfavorably and finally acted upon by the
special permit granting or permit granting authority (Zoning Board
of Appeals) shall be acted favorably upon within two years after the
date of final unfavorable action unless said special permit granting
authority or permit granting authority finds, by a vote of four members
of a board of five members, specific and material changes in the conditions
upon which the previous unfavorable action was based, and describes
such changes in the record of its proceedings, and unless all but
one of the members of the Planning Board consents thereto and after
notice is given to parties in interest of the time and place of the
proceedings when the question of such consent will be considered.
