[5-6-1989 ATM, Art. 46; 5-9-2022 ATM, Art. 16]
The Board of Appeals shall consist of three members and not
more than five associate members who shall be appointed by the Select
Board and shall act in all matters under this bylaw in the manner
prescribed by MGL c. 40A and c. 41.
The Board of Appeals shall have and exercise all the powers
granted to it by MGL c. 40A and c. 41 and by this bylaw. The Board's
powers are as follows:
A. Special permits. To hear and decide applications for special permits upon which the Board is empowered to act under this bylaw, in accordance with §
201-3.3.
B. Variances. To hear and decide appeals or petitions for variances
from the terms of this bylaw with respect to particular land or structures
but not uses. Such variance shall be granted only in cases where the
Board of Appeals finds all of the following:
[5-10-2004 ATM, Art.
26]
(1)
A literal enforcement of the provisions of this bylaw would
involve a substantial hardship, financial or otherwise, to the petitioner
or appellant.
(2)
The hardship is owing to circumstances relating to the soil
conditions, 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.
(3)
Desirable relief may be granted without either:
(a) Substantial detriment to the public good; or
(b) Nullifying or substantially derogating from the intent or purpose
of this bylaw.
C. Other appeals. To hear and decide other appeals. Other appeals will
also be heard and decided by the Board of Appeals when taken by:
(1)
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; or by
(2)
The Metropolitan Area Planning Council; or by
(3)
Any person including any officer or board of the Town of Norwell
or of any abutting town, if aggrieved by any order or decision of
the Building Inspector/Zoning Enforcement Officer, in violation of
any provision of MGL c. 40A or this bylaw.
D. To issue withheld building permits. Building permits withheld by
the Building Inspector/Zoning Enforcement Officer acting under MGL
c. 41, § 81Y, as a means of enforcing the Subdivision Control
Law may be issued by the Board of Appeals where the Board finds practical
difficulty or unnecessary hardship, and if the circumstances of the
case do not require that the building be related to a way shown on
the subdivision plan in question.
[Amended 5-10-2004 ATM,
Art. 28]
A. When required. No structure shall hereafter be erected or externally
enlarged by more than 200 square feet on any lot in any nonresidential
district (meaning thereby all districts under the Zoning Bylaw except
Residential Districts A and B) and no use hereafter be established
or expanded in ground area on any lot in any such district except
in conformity with a site plan of such lot and structures proposed
to be constructed on such lot bearing endorsement of approval by the
Board of Appeals.
B. Contents of site plan.
(1)
Said site plan shall show among other things:
(a)
All existing and proposed buildings and structures (showing
front, side and rear elevation and layouts).
(g)
All facilities for sewage, refuse and other waste disposal and
for surface water drainage.
(h)
All landscape and screening features (such as fences, walls,
planting areas and walks) on the lot.
(j)
Existing and proposed easements and/or rights-of-way.
(k)
Existing conditions of the surrounding area to sufficiently
determine the impact of the proposed project to the surrounding area,
including, but not limited to, curb cuts, driveway openings, existing
buildings, and surrounding topography.
(l)
Drainage calculations stamped by a registered professional engineer
licensed by the Commonwealth of Massachusetts.
(m)
Parking and density calculations.
(n)
Documentation of curb cut approval by the Massachusetts Department
of Transportation on state highways.
[Amended 5-6-2019 ATM,
Art. 30]
(o)
Statement and certification on the plan by the engineers certifying
the site plan submitted complies with the Zoning Bylaw.
(2)
Failure to comply at the time of submission with the above requirements
is grounds for denial of site plan approval for the lack of sufficient
information.
C. Procedure.
(1)
Any person desiring approval of a site plan under this section
shall submit said site plan to the Board of Appeals for action and,
either simultaneously or forthwith thereafter, shall submit said plan
(together with seven copies) to the Planning Board. The Planning Board
shall review the plan and, as appropriate, obtain technical review
of the plan at the applicant's sole cost. The Planning Board shall
prepare its report and recommendations regarding said plan and submit
same to the Board of Appeals. The Board of Appeals shall not approve
said plan unless and until it either has reviewed the Planning Board's
report and recommendations or the applicant has provided evidence
that 45 days have elapsed from the date that the plan first was submitted
to the Planning Board without issuance of a report and recommendations.
No building permit shall issue until the Board of Appeals has approved
the plan. Furthermore, no building permit shall issue if the Planning
Board has not provided the Board of Appeals with the Planning Board's
report and recommendations and fewer than 45 days have elapsed after
the plan was first submitted to the Planning Board.
(2)
The Board of Appeals shall have the power to modify or amend
its approval of a site plan on application of the person owning or
leasing the premises shown on such site plan in the event of changes
in the physical condition of the site sufficient to justify such action
within the intent of this section.
(3)
After receiving the report and recommendations of the Planning
Board, the Board of Appeals shall have the power to modify or amend
its approval of a site plan on application of the person owning or
leasing the premises shown on such site plan in the event of changes
in the physical condition of the site sufficient to justify such action
within the intent of this section.
D. Criteria for approval. In considering a site plan under this section,
the Board of Appeals shall assure, to a degree consistent with a reasonable
use of the site for the purposes permitted by the regulations for
the district in which it is located, such factors as the following:
(1)
The protection of the district in which the site is located
and adjoining district against detrimental, offensive, or incompatible
uses or structures on the site;
(2)
The convenience and safety of vehicular and pedestrian movement
within the site and in relation to adjacent streets and land; and
(3)
The adequacy of the methods of disposal for sewage, refuse,
and other wastes resulting from the uses permitted on the site, and
the methods of drainage for surface water from its parking spaces
and driveways.
E. Implementation and expiration. Within 15 days after approval of any
site plan, the Board of Appeals shall file an endorsed copy of said
plan in the office of the Town Clerk. Within one year of the date
of site plan approval or such longer duration as set by the Board
of Appeals to match the duration of any special permit relief issued
for the same project, the applicant shall have completed the work
described on the plans as approved and substantial use thereof shall
have commenced unless the Board of Appeals grants an extension of
the time as it shall deem necessary to carry the site plan into effect.
In each such instance where an extension is granted, the Board of
Appeals shall certify to the Town Clerk that it has granted an extension
of time and the date on which the extension is to lapse.
[Amended 5-10-2004 ATM,
Art. 29; 5-9-2022 ATM, Art. 17]
F. As-built plans. Prior to the issuance of a certificate of occupancy,
the owner shall provide as-built plans to the Town. The plan shall
be prepared and stamped by a registered land surveyor or a professional
engineer of the Commonwealth of Massachusetts certifying that the
site plan has been built according to the approved plan and submitted
to the Building Inspector/Zoning Enforcement Officer. Such certification
shall also include that the surface and subsurface drainage discharge
has been installed according to the approved site plan. Field reports
by the design engineer may be requested by the Building Inspector/Zoning
Enforcement Officer during construction for prior approval of changes
from the approved site plan.
G. Regulations; fees. The Board of Appeals may adopt and from time to
time amend reasonable regulations, including reasonable administrative
fees and technical review fees, for the administration of site plan
review.
[Added 5-20-2004 ATM]