A.
In all cases where a public hearing is required under the provisions
of the MGL c. 40A, §§ 1 through 17, inclusive, required
notice shall be given by publication in a newspaper of general circulation
in South Hadley once in each of two successive weeks, the first publication
to be not less than 14 days before the day of the hearing, and by
posting such notice in a conspicuous place in the Town Hall for a
period of not less than 14 days before the day of such hearing. In
all cases where notice to parties in interest or other boards or agencies
is required, notice shall be sent by mail, postage prepaid. "Parties
in interest" as used in this bylaw shall mean the petitioner, abutters,
owners of land directly opposite on any public or private way, and
abutters to the abutters within 300 feet of the property lines of
the petitioner as they appear on the most recent applicable tax lists,
notwithstanding that the land of any such owner is located in another
city or town, and the Planning Board of every city and town abutting
South Hadley. The Assessors maintaining any applicable tax list shall
certify to the permit granting authority or special permit granting
authority the names and addresses of parties in interest and such
certification shall be conclusive for all purposes. The permit granting
authority or special permit granting authority may accept a waiver
of notice from or an affidavit of actual notice to any party in interest
or, in his stead, any successor owner of record who may not have received
a notice by mail, and may order special notice to any such person,
giving not less than five additional days nor more than 10 additional
days to reply.
B.
Publications and notices required by this section shall contain the
name of the petitioner, a description of the area or premises, street
address, if any, or other adequate identification of the location
of the area or premises which is the subject of the petition, the
date and place of the public hearing, the subject matter of the hearing,
and the nature of action or relief requested, if any. No such hearing
shall be held on any day on which a state or municipal election, caucus
or primary is held in South Hadley.
C.
At a public hearing, all persons shall abide by the order of the
Chairman. At any hearing, a party may be represented by an agent or
attorney. Hearings shall not be continued to other times except for
good cause. Questions may be asked through the Chair.
Upon the granting of a variance or special permit, or any extension,
modification or renewal thereof, the permit granting authority or
special permit granting authority shall issue to the owner and to
the applicant if other than the owner a copy of its decision, certified
by said permit granting authority or special permit granting authority,
containing the name and address of the owner, identifying the land
affected, setting forth compliance with the statutory requirements
for the issuance of such variance, permit or special permit and certifying
that copies of the decision and all plans referred to in the decision
have been filed with the Planning Board and Town Clerk. No variance,
permit or special permit, or any extension, modification or renewal
thereof, shall take effect until a copy of the decision bearing the
certification of the Town Clerk that 20 days have elapsed and no appeal
has been filed or that, if such appeal has been filed, it has been
dismissed or denied, is recorded in the Registry of Deeds for Hampshire
County and indexed in the grantor index under the name of the owner
of record or is recorded and noted on the owner's certificate of title.
The fee for recording or registering shall be paid by the applicant.
A.
The Zoning Enforcement Officer shall enforce the provisions of this bylaw as it may be amended. He shall refuse to grant a permit for the construction, addition, alteration, extension or change of use of any building, structure or premises if such proposed construction or change would be in violation of the provisions of this bylaw, as amended, or where any required approval has not been obtained (see Article V). State and Town officers shall refuse any permit or license for a new use of a building, structure or land, which use would be in violation of any such bylaw or amendment thereof.
B.
Any person violating any provisions of this Zoning Bylaw, any of
the conditions or modifications under which a permit or special permit
is issued, or any decision rendered by the Board of Appeals shall
be fined $300 for each offense. Each day that such violation continues
shall constitute a separate offense.
C.
In addition to any other available method of enforcement, violations
of these bylaws may be enforced, in the manner provided in MGL c.
40, § 21D, by the Building Commissioner, Zoning Enforcement
Officer or the Bylaw Enforcement Officer.
Unless otherwise ordered by the Building Commissioner, all applications
for building permits under the provisions of the Building Code of
the Commonwealth of Massachusetts shall be accompanied by plans in
duplicate. Such plans shall be drawn to scale, shall show the actual
dimensions, radii, and angles of the lot to be built on, the exact
size and location on the lot of the main building and accessory buildings
to be erected and such other information as may be necessary to determine
and provide for the enforcement of this bylaw, as amended. One copy
of plans filed by the applicant shall be returned to him when approved
by the Building Commissioner.
A.
No land changed in occupancy or use, and no building or structure
hereafter erected or altered, shall be occupied or used, in whole
or in part, for any purpose until a certificate of occupancy is issued
by the Building Commissioner stating that the building, structure
or use complies with the provisions of this bylaw. No such certificate
shall be issued unless the building or structure and its uses, as
well as the uses of all the premises, are in conformity with the provisions
of this bylaw.
C.
Upon completion of any building or structure and prior to the use
of any such building, structure or premises, a certificate of occupancy
shall be applied for on a form furnished by the Building Commissioner.
Such application shall be acted upon within 10 days after the filing
thereof. Such application shall be accompanied by a certificate of
a surveyor which shall state that the building or addition, as completed,
complies with the building permit issued therefor.
