It shall be the duty of the Building Commissioner/Zoning Enforcement
Officer to administer and enforce the provisions of this bylaw. If
the Building Commissioner/Zoning Enforcement Officer receives in writing
a request for enforcement and declines to act, or if a person alleges
a violation in writing to that office who declines to act, the Building
Commissioner/Zoning Enforcement Officer shall notify in writing the
party requesting action of his refusal to act and the reasons therefor
within 14 days of receipt of such request.
Except for the erection of a structure enclosing an area of
64 square feet or less and except for the erection of signs of less
than two square feet in surface area identifying occupancy of a residence,
it shall be unlawful for any person to erect, construct, reconstruct,
or alter a structure, or change the use or lot coverage, increase
the intensity of use, or extend or displace the use of any building,
structure, or lot, without applying for and receiving from the Building
Commissioner/Zoning Enforcement Officer a building permit. It shall
also be unlawful for any person to attach, erect, or otherwise install
any sign without applying for and receiving from the Building Commissioner/Zoning
Enforcement Officer a sign permit.
The status of previously approved permits shall be as determined
by the Zoning Act.[1]
[1]
Editor's Note: See MGL c. 40A.
A.
It shall be unlawful to occupy any structure or lot for which a building
permit is required herein without the owner applying for and receiving
from the Building Commissioner/Zoning Enforcement Officer a certificate
of occupancy specifying thereon the use to which the structure or
lot may be put. The certificate of occupancy shall state that the
building and use comply with the provisions of the Zoning Bylaw and
the Building Code in effect at the time of issuance. No such certificate
shall be issued unless the building and its accessory uses and the
uses of all premises are in conformity with the provisions of this
bylaw and of the Building Code at the time of issuance. A certificate
of occupancy shall be conditional on the provision of adequate parking
space and other facilities as required by this bylaw and shall lapse
if such areas and facilities are used for other purposes.
B.
A certificate of occupancy shall be required for any of the following
in conformity with the Building Code and this bylaw:
C.
Certificates of occupancy shall be applied for coincidentally with
the application for a building permit and shall be acted upon within
10 days after receipt by the Building Commissioner/Zoning Enforcement
Officer of approved inspection certificates and/or provisions of all
governmental bodies so lawfully designated as required by the applicable
laws, bylaws, and codes. Such certificates of occupancy shall be posted
by the owner of the property in a conspicuous place for a period of
not less than 10 days after issuance.
Fees shall be as established by the Selectmen.
Any work for which a permit has been issued by the Building
Commissioner/Zoning Enforcement Officer shall be actively prosecuted
within 90 days and completed within one year of the date of the issuance
of the permit. Any permit issued for a project which is actively prosecuted
for one year may be extended at the discretion of the Building Commissioner/Zoning
Enforcement Officer.
The Building Commissioner/Zoning Enforcement Officer shall serve
a notice of violation and order to any owner or person responsible
for the erection, construction, reconstruction, conversion, or alteration
of a structure or change in use, increase in intensity, or extension
or displacement of use of any structure or lot in violation of any
approved plan, information or drawing pertinent thereto, or in violation
of a permit or certificate issued under the provisions of this bylaw,
and such order shall direct the immediate discontinuance of the unlawful
action, use or condition and the abatement of the violation. Any owner
who has been served with a notice and ceases any work or other activity
shall not leave any structure or lot in such a condition as to be
a hazard or menace to the public safety, health, morals or general
welfare.
[Amended 4-24-2017 ATM
by Art. 12]
If the notice of violation and order is not complied with promptly,
the Selectmen shall institute the appropriate action or proceeding
at law or in equity to prevent any unlawful action, use or condition
and to restrain, correct, or abate such violation. Any person, firm
or corporation violating any of the provisions of this bylaw shall
for each violation, upon conviction thereof, pay a fine of $300. Each
day that a violation is permitted to exist after notice to remove
the same shall constitute a separate offense. Penalties for violations
in connection with the removal of soil, loam, sand, gravel, quarry,
or other earth materials shall be as set forth in the Earth Removal
Bylaw.[1]
A.
Membership. There shall be a Board of Appeals of five members and
two associate members.
C.
Powers. The Board shall have those powers granted under the Zoning
Act.
D.
Adoption of rules. The Board shall adopt rules to govern its proceedings
pursuant to the Zoning Act.
E.
Plans.
(1)
Whenever a plan is required to be submitted under any provision
of this bylaw, for good cause shown, the Board may waive the submission,
or modify the requirements, of such plans, according to its judgment;
provided, however, that the Board shall not waive such submission
if any other Town official or agency required or requested to pass
on such plan objects to such waiver.
(2)
All plans required to be submitted to the Board of Appeals shall
be drawn to the largest practicable scale which in no case shall be
smaller than one inch equals 40 feet. They shall contain a locus map,
shall show sufficient contour information to enable the Board to determine
drainage flow, and shall contain all engineering information necessary
for any proposed construction. All elevations provided must be relative
to mean sea level as determined by the U.S. Geological Survey.
F.
Appeals. Any appeal to the Board shall be taken within 30 days from
the date of the order or decision which is being appealed by filing
a notice of appeal specifying the grounds thereof with the Town Clerk
who shall transmit copies to the officer whose decision is being appealed
and the permit granting authority. No appeal, application or petition
to the Board of Appeals with respect to a particular parcel of land
or with respect to any structure which has been unfavorably acted
upon by the Board of Appeals shall be considered on its merits by
said Board within two years after the date of such unfavorable action,
except in accordance with MGL c. 40A, § 16.
Certain uses, structures or conditions are designated as allowed by special permit in Article V, Table of Use Regulations, and elsewhere in this bylaw. Upon written application duly made to the Board, the Board may, in appropriate cases subject to the applicable conditions set forth in Articles XI and XII of this bylaw and elsewhere, and subject to other appropriate conditions and safeguards, grant a special permit for such uses, structures and conditions. When site plan approval is required, the granting authority shall be the Board of Appeals except in the Planned Mixed-Use District where a special permit is also required and that special permit granting authority is the Planning Board. In that case, the special permit granting authority for the site plan approval shall be the Planning Board.
A.
Before granting an application for a special permit, the Board, with
due regard to the nature and condition of all adjacent structures
and uses and the district within which the same is located, shall
find all of the following general conditions to be fulfilled:
(1)
The use requested is listed in the Table of Use Regulations
as a special permit in the district for which application is made
or is so designated elsewhere in this bylaw.
(2)
The requested use is essential or desirable to the public convenience
or welfare.
(3)
The requested use will not create undue traffic congestion or
unduly impair pedestrian safety.
(4)
The requested use will not overload any public water, drainage
or sewer system or any other municipal system to such an extent that
the requested use or any developed use in the immediate area or in
any other area of the Town will be unduly subjected to hazards affecting
health, safety or the general welfare.
(6)
The requested use will not impair the integrity or character
of the district or adjoining zones, nor be detrimental to the health,
morals, or welfare.
B.
The Board shall also impose in addition to any applicable conditions
specified in this bylaw such applicable conditions as it finds reasonably
appropriate to safeguard the neighborhood or otherwise serve the purposes
of this bylaw, including, but not limited to, the following: front,
side, or rear yards greater than the minimum required by this bylaw;
screening buffers or planting strips, fences, or walls, as specified
by the Board; modification of the exterior appearance of the structures;
limitation upon the size, number of occupants, method and time of
operation, time duration of permit, or extent of facilities; regulation
of number and location of driveways or other traffic features; and
off-street parking or loading or other special features beyond the
minimum required by this bylaw. Such conditions shall be imposed in
writing, and the applicant may be required to post bond or other security
for compliance with said conditions in an amount satisfactory to the
Board.
C.
In order that the Board may determine that the above-mentioned restrictions
are to be met, a site plan shall be submitted, in quadruplicate, to
the Board by the applicant. Said site plan shall show, among other
things, all existing and proposed buildings, structures, parking spaces,
driveway openings, driveways, service areas, and other open uses,
all facilities for sewage, refuse, and other waste disposal and for
surface water drainage, and all landscape features, such as fences,
walls, planting areas and walks.
(1)
The Board shall, within 10 days after receipt thereof, transmit
one copy of such plan to the Planning Board. The Planning Board may,
in its discretion, investigate the case and report in writing its
recommendation to the Board.
(2)
The Board shall not take final action on such plan until it
has received a report thereon from the Planning Board or until said
Planning Board has allowed 30 days to elapse after receipt of such
plan without submission of a report thereon.
D.
The special permit is granted for a period of two years and shall
lapse if substantial use or construction has not commenced by such
date, except for good cause shown, and provided further that such
construction once begun shall be actively and continuously pursued
to completion within a reasonable time.
E.
The Board shall hold a public hearing within 65 days after the filing
by the applicant of the appropriate forms and plans with the Town
Clerk who shall forthwith transmit said application to the Board.
It shall act within 90 days of the hearing on the petition; failure
to do so shall be deemed approval.
F.
The Planning Board may appoint an associate member. The term of office
of such associate member shall be two years. The Chairperson of the
Planning Board may designate the associate member to sit on the Board
for the purpose of acting on a special permit application, in the
case of absence, inability to act, or conflict of interest on the
part of any members of the Planning Board or in the event of a vacancy
on the Board.
[Amended 4-24-2017 ATM
by Art. 12]
A.
The Board may authorize a variance for a particular use of a parcel
of land or to an existing building thereon from the terms of this
bylaw where, owing to circumstances relating to the soil conditions,
shape, or topography of such land or structures and especially affecting
such parcel or such building but not affecting generally the district
in which it is located, a literal enforcement of the provisions of
this bylaw 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 bylaw.
The Board may impose conditions, safeguards and limitations both of
time and of use, including the continued existence of any particular
structures but excluding any condition, safeguards or limitations
based upon the continued ownership of the land or structures to which
the variance pertains by the applicant, petitioner or any owner. If
the rights authorized by a variance are not exercised within one year
of the date of the grant of such variance they shall lapse and may
be reestablished only after notice and a new hearing pursuant to this
section.
B.
Before any variance is granted, the Board must find all of the following
conditions to be present:
(1)
Conditions and circumstances are unique to the applicant's lot,
structure or building and do not apply to the neighboring lands, structures
or buildings in the same district.
(2)
Strict application of the provisions of this bylaw would deprive
the applicant of reasonable use of the lot, structure or building
in a manner equivalent to the use permitted to be made by other owners
of their neighboring lands, structures or buildings in the same district.
[Amended 4-24-2017 ATM
by Art. 12]
(3)
The unique conditions and circumstances are not the result of
actions of the applicant taken subsequent to the adoption of this
bylaw.
(4)
Relief, if approved, will not cause substantial detriment to
the public good or impair the purposes and intent of this bylaw.
(5)
Relief, if approved, will not constitute a grant of special
privilege inconsistent with the limitations upon other properties
in the district.
Upon written application duly made to the Board and subsequent public hearing duly advertised by the Board, the Board may, in appropriate cases, subject to the applicable conditions set forth in Articles XI, XII, XIII, and XV of this bylaw and elsewhere, and subject to other appropriate conditions and safeguards, grant a special permit for an extension or alteration of a nonconforming use or structure. The Board may, subject to the same conditions, grant a special permit for expansion of parking and other accessory uses appropriate to said nonconforming use or structure or expanded nonconforming use or structure.
A.
Before granting a special permit for extension or alteration of such
nonconforming use or structure, the Board, with due regard to the
nature and condition of all adjacent structures and uses and the district
within which the same is located, shall find all of the following
general conditions to be fulfilled:
(1)
The use requested for extension or alteration is listed in the
Table of Use Regulations as permitted, or permitted by special permit,
in at least one district within the Town.
(2)
The requested extension or alteration of the use or structure
is essential or desirable to the public convenience or welfare.
(3)
The requested extension or alteration of the use or structure
will not further create undue traffic congestion or unduly impair
pedestrian safety.
(4)
The requested extension or alteration of the use or structure
will not further overload any public water, drainage, or sewer system
or any other municipal system to such an extent that the requested
use or any developed use in the immediate area or in any other area
of the Town will be unduly subjected to hazards affecting health,
safety, or the general welfare.
(6)
The requested extension or alteration of the use or structure
will not impair the integrity or character of the district or adjoining
zones, nor be detrimental to the health, morals, or welfare.
(7)
The requested extension or alteration of the use or structure will not bring the use or structure into violation of, or further violation of, the regulations set forth in Article VI, Table of Dimensional and Density Regulations, unless a variance is also granted subject to the provisions of § 305-10.11 of this bylaw.
(8)
The extended or altered use or structure will not be substantially
different in character.
(9)
The extended or altered use or structure will not be more detrimental
or objectionable to the neighborhood.
B.
The Board shall also impose in addition to any applicable conditions
specified in this bylaw such applicable conditions as it finds reasonably
appropriate to safeguard the neighborhood, or otherwise serve the
purpose of this bylaw, including, but not limited to, the following:
front, side, or rear yards greater than the minimum required by this
bylaw; screening buffers or planting strips, fences, or walls, as
specified by the Board; modification of the exterior appearances of
the structures; limitation upon the size, number of occupants, method
or time of operation, time duration of permit, or extent of facilities;
regulation of number and location of driveways or other traffic features;
and off-street parking or loading or other special features beyond
the minimum required by the bylaw. Such conditions shall be imposed
in writing and the applicant may be required to post bond or other
security for compliance with said conditions in an amount satisfactory
to the Board.
C.
In order that the Board may determine that the above-mentioned restrictions
are to be met, a site plan prepared by a registered land surveyor
or registered professional civil engineer shall be submitted with
six copies to the Board by the applicant. Said site plan shall show,
among other things, all existing and proposed buildings, structures,
parking spaces, driveway openings, driveways, service areas, and other
open uses, all facilities for sewage, refuse, and other waste disposal,
and for surface water drainage, wetlands, and all landscape features,
such as fences, walls, planting areas and walks.
[Amended 4-24-2017 ATM
by Art. 12]
(1)
The Board shall, within 10 days after receipt thereof, transmit
one copy of such plan to the Planning Board. The Planning Board may,
in its discretion, investigate the case and report in writing its
recommendation to the Board.
(2)
The Board shall not take final action on such plan until it
has received a report thereon from the Planning Board or until said
Planning Board has allowed 30 days to elapse after receipt of such
plan without submission of a report thereon.
