[Amended 6-18-1990 STM
by Arts. 10, 13; 4-25-1994 ATM
by Art. 24]
A.
This bylaw shall be enforced by the Building Commissioner. No building
shall be built or altered or a building begun or changed without a
permit having been issued by the Building Commissioner.
B.
No building, whether residential or nonresidential, shall be occupied
until a certificate of occupancy has been issued by the Building Commissioner.
C.
For any proposed new or change of nonresidential use of land or buildings,
and any home occupations requiring use of buildings or lot space outside
of the principal residential building, the Building Commissioner shall
issue a use permit stating that the use is in conformance with the
requirements of this bylaw. Applications for a use permit shall be
filed with the Building Commissioner prior to changing the use of
the property and shall be allowed or denied in writing, including
the cause of the action taken, within seven days of receipt of the
application. No such new or changed use shall be allowed except upon
the issuance of a use permit.
D.
Any person violating any of the provisions of this bylaw may be fined
not more than $300 for each offense. Each day that such violation
continues without abatement shall constitute a separate offense.
[Amended 10-21-2019 STM by Art. 13]
A Board of Appeals shall be appointed as provided in MGL c.
40A consisting of five members for terms of three years each and three
associate members for terms of three years each. The term of two members
and one associate member will expire on May 31 of each of two successive
years, one member and one associate member will expire on May 31 of
the third year. When a vacancy occurs by resignation or otherwise,
it shall be filled within 30 days for the unexpired term in the same
manner as an original appointment.
A.
Permits. Applications may be made directly to the Board of Appeals
for any permit which said Board is authorized to grant by virtue of
this bylaw.
B.
Appeals.
[Amended 6-18-1990 STM
by Art. 10]
(1)
Appeals may be taken to the Board of Appeals by any officer,
or board of the Town, or any person aggrieved by an order or decision
in violation of, or being unable to obtain a permit under, any provisions
of MGL c. 40A or any provisions of this bylaw.
(2)
Appeals from decisions of the Building Commissioner relative
to the location of district boundaries shall be considered as follows:
(a)
Zone boundary lines designated by property lines, street lines,
easement lines, without giving dimensions, are the nearest to such
lines existing when this zone was established.
(b)
Zone boundary lines drawn nearly parallel to street lines shall
be considered parallel and at the given offset dimension measured
at right angles to the street.
(c)
Zone boundary lines not otherwise defined shall be determined
by the measured distance from adjacent map features.
C.
Special permits. The Board of Appeals shall hear and decide applications
for special permits for specific uses for which the Board is the designated
special permit granting authority.
D.
Variances. Variances may be granted by the Board of Appeals with
respect to particular land or structures from the terms of the applicable
Zoning Bylaw when a particular use or dimensional variance is sought
and when it specifically finds that, owing to circumstances relating
to the soil condition, shape, or topography of such land or structures
and especially affecting such land or structures but not affecting
generally the zoning district in which it is located, a literal enforcement
of the provisions of the ordinance or bylaw would involve substantial
hardship, financial or otherwise, to the petitioner or appellant and
that desirable relief may be granted without substantial detriment
to the public good and without nullifying or substantially derogating
from the intent or purpose of such ordinance or bylaw. Variances properly
granted prior to January 1, 1976, but limited in time may be extended
on such terms and conditions that were in effect for such variances
upon said effective date.
Special permits, variances, permits and relief may be granted
by the Board of Appeals only after a public hearing, for which posting
and proper notification has been given, as provided in MGL c. 40A.[1]
[1]
Editor's Note: Original Sec. 2.5, Nonresidential Plan and
Site Evaluation, which immediately followed this section, was repealed
3-28-1989 ATM by Art. 2.
