Town of Sunderland, MA Article VI Administration and Enforcement

§ 125-VI-1 Administration; Violations and Penalties.

A. Permits - This Zoning Bylaw shall be administered by the Building Inspector. 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, without certification by the Building Inspector that such action is in compliance with then-applicable zoning or without review by him regarding whether all necessary permits have been received from those governmental agencies from which approval is required by federal, state or local law. Issuance of a building permit or certificate of use and occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification.

B. Site Plan Review - Site plan review is required for all flexible development, planned unit developments, commercial development or redevelopment of two thousand (2,000) square feet or more, uses having parking facilities for eight (8) or more cars, for any business use on a rear lot allowed pursuant to § 125-Article II-3-D, Rear Lots in Commercial and Village Center Districts, or, where required by any provision of the Town's zoning bylaws, for Large-Scale Ground-Mounted Solar Electric Installations. See also § 125-Article III-1, Parking and Loading Requirements.

[Amended 4-24-1987 ATM, Art. 35; 2-3-1993 STM, Art. 5; 11-29-1999 STM, Art. 1; 4-29-2005 ATM, Art. 28; 4-29-2005 ATM, Art. 28; 4-24-2009 ATM, Art. 11; 4-29-2011 ATM, Art. 7; 4-27-2012 ATM, Art. 14, 4-27-2012 ATM, Art. 15; 4-25-2014, Art. 17]

(1) Applications for permits for construction or alteration requiring site plan review shall be referred to the Planning Board within seven (7) days of filing. No building permit shall be issued until the provisions of this section have been fulfilled and the application has been approved by the Planning Board. The Planning Board shall render a decision in writing within ninety (90) days of receiving a complete application.

(2) Plans subject to this section shall show existing and proposed topography, water, sanitary sewerage, storm drainage, parking and egress and planting and screening, in addition to the information required by the State Building Code.

(3) Requirements.

(a) Site plan approval may be granted upon determination by the Planning Board that any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Sunderland Planning Board's rules and regulations for the Subdivision of Land [see Ch. 194, Subdivision of Land] and shall be so designed that, for the given location and type and extent of land use, the design of building form, building location, egress points, grading and other elements of the development shall be so as to:

[1] Minimize the volume of cut and fill, the number of removed trees six (6) inches in caliper and larger, the length of removed stone walls, the area of wetland vegetation displaced, the increase in stormwater flow from the site, soil erosion and the threat of air or water pollution.

[2] Maximize pedestrian and vehicular safety and convenience within the site and egressing from it.

[3] Minimize obstruction of scenic views from publicly accessible locations.

[4] Minimize visual intrusion by controlling the visibility of parking, storage or other outdoor service areas viewed from public ways or premises residentially used or zoned; minimizing glare from headlights through plantings or other screening; minimizing lighting intrusion through use of such devices as cutoff luminaires confining direct rays to the site; requiring that the fixture mounting height not exceed twenty (20) feet; and avoiding unreasonable departure from the character of buildings in the vicinity.

(b) The Planning Board may adopt and from time to time amend reasonable regulations for the administration of these guidelines.

(4) Within the Commercial, Village Center, and Village Residence Districts, site plan approval may be granted by the Planning Board, if the site design complies with the following guidelines:

(a) Scenic views, if any, visible from public ways should be preserved to the degree reasonably consistent with the given type and scale of use.

(b) Major dimensions of any building should be approximately parallel or perpendicular to one (1) or more nearby streets, if within one hundred (100) feet of such street.

(c) The appearance of primary wall and roof materials should match that of materials commonly found on existing buildings within the Town.

(d) Domestic scale should be maintained, in the case of large structures, through massing devices such as breaks in wall and roof planes and through design of architectural features.

(e) The building should not be made, in effect, a sign through painting with bold patterns, checks or other graphics devices or use of unconventional building form.

(f) There should be some element of consistency with any buildings on abutting premises facing the same street, such as consistency in eave height, wall materials, roof pitch, or window proportions.

(g) For projects on one lot with 8,000 square feet or more of enclosed gross floor area, pedestrian plazas shall be created at a minimum rate of 5% of the gross floor area and contain at least two of the following amenities: public art; a fountain; tables and chairs at a rate of one table per 400 square feet of plaza and one chair per 100 feet of plaza; two linear feet of bench or seating wall per 200 square feet of plaza; bike racks or lockers; or any similar structure or amenities approved by the Planning Board.

(h) Whenever feasible, pedestrian walkways shall be integrated into the design of the site and parking lot. Where a walkway crosses a vehicular path, the walkway shall be defined through the use of different paving materials which have a different texture or color. A sidewalk shall be included within the front yard of commercial uses to facilitate access from the street. Sidewalks shall be set back at least nine feet from the edge of the road, except that for short distances this setback may be reduced in order to connect a new sidewalk to an existing sidewalk. Sidewalks should be connected between adjacent properties to the maximum extent possible.

(i) Planting strips shall be at least nine (9) feet in width and shall respond to the needs of storing snow, locating light poles and providing safe pedestrian access.

(j) Landscaped areas including planting strips and diamonds outside the parking lot must equal 15% or greater of the parking lot area.

(k) Off-street loading space for nonresidential uses must be provided on the same lot as the principal use and must be located to the side or rear of the lot. Each off-street loading space shall be not less than twelve (12) feet in width and twenty-five (25) feet in length and fourteen (14) feet in height and will be adequately screened from neighboring properties and the street.

(5) Decision. The Planning Board's action shall consist of either:

(a) Approval of the site plan based upon the determination that the proposed project is in compliance and consistent with the criteria set forth in this bylaw;

(b) Approval of the site plan subject to conditions, modifications, and restrictions as the Planning Board may deem necessary; or

(c) Denial of the site plan based upon specific findings such as a determination that there was insufficient information submitted with the proposal to adequately review it or that the project is inconsistent with the requirements of these Zoning bylaws.

C. Enforcement - The Building Inspector 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 Zoning Bylaw and of permits and variances issued thereunder, including notification of noncompliance and request for legal action through the Select Board to the Town Counsel.

D. Penalties - The penalty for violation of any provision of this Zoning Bylaw, or any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals shall be fifty dollars ($50.00) for each offense, except that the penalty for violation of any provision of § 125-Article II-4-C, Watershed District, or a permit issued thereunder shall be two hundred fifty dollars ($250.00) for each offense. Each day that each such violation continues shall constitute a separate offense.

[Amended 4-28-1989 ATM, Art. 21; 11-29-1999 STM, Art. 1]

E. Review of Plans - Special permit and/or variance-granting boards (Zoning Board of Appeals and Planning Board) may submit any plans filed for approval to any professional that they deem necessary for review. The cost of the review will be the responsibility of the applicant.

[Added 4-28-1995 ATM, Art. 29; amended 11-29-1999 STM, Art. 1]

§ 125-VI-2 Board of Appeals.

A. Establishment - There is hereby established a Board of Appeals, which shall consist of five (5) members and three (3) associate members, who shall be appointed and act in all matters under this Zoning Bylaw in the manner prescribed by Annotated Laws of Massachusetts, Chapter 40A.

B. Powers - The Board of Appeals shall have and exercise all of the powers granted to it by Annotated Laws of Massachusetts, Chapters 40A, 40B and 41, and by this Zoning Bylaw. The Board's powers are as follows:

(1) To hear and decide applications for special permits upon which the Board is empowered to act under this Zoning Bylaw in accordance with § 125-Article VI-3, Special Permits.

(2) To hear and decide appeals or petitions for variances from the terms of this Zoning Bylaw, including variances for use, with respect to particular land or structures. Such variance shall be granted only in cases where the Board of Appeals finds all of the following:

(a) A literal enforcement of the provisions of this Zoning Bylaw would involve a substantial hardship, financial or otherwise, to the petitioner or appellant.

(b) The hardship is owing to circumstances relating to the soil conditions, shape or topography of such land.

[Amended 10-21-1993 STM, Art. 15]

(c) The hardship is especially affecting such land or structures, but not generally the zoning nor overlay district in which it is located.

[Added 10-21-1993 STM, Art. 15 and renumbered former Subsection B(2)(c) as Subsection B(2)(d)]

(d) Desirable relief may be granted without either:

[1] Substantial detriment to the public good; or

[2] Nullifying or substantially derogating from the intent or purpose of this Zoning Bylaw.

(3) To hear and decide other appeals. Other appeals will also be heard and decided by the Board of Appeals when taken by:

(a) 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

(b) The Franklin Regional Planning Board; or

[Amended 11-29-1999 STM, Art. 1]

(c) Any person, including any officer or board of the Town of Sunderland or of any abutting town, if aggrieved by any order or decision of the Building Inspector or other administrative official, in violation of any provision of MGL c. 40A, or this Zoning Bylaw.

(4) To issue comprehensive permits. Comprehensive permits for construction may be issued by the Board of Appeals for construction of low- or moderate-income housing by a public agency or limited dividend or nonprofit corporation, upon the Board's determination that such construction would be consistent with local needs, whether or not consistent with local zoning, building, health or subdivision requirements, as authorized by MGL c. 40B, §§ 20 through 23.

(5) To issue withheld building permits. Building permits withheld by the Building Inspector acting under MGL c. 41, § 81Y, as a means of enforcing the Subdivision Control Law [see Ch. 194, Subdivision of Land] 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.

(6) To hear and decide appeals under the Commonwealth of Massachusetts State Building Code, as provided under Section 126 of that code.

C. Public Hearings - The Board of Appeals shall hold public hearings in accordance with the provisions of the Annotated Laws of Massachusetts on all appeals and petitions brought before it.

§ 125-VI-3 Special Permits.

A. Special Permit Granting Authority - Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.

[Amended 11-29-1999 STM, Art. 1]

B. Public Hearings - Special permits shall only be issued following public hearings held within sixty-five (65) days after filing with the special permit granting authority a completed application, a copy of which shall forthwith be given to the Town Clerk by the applicant.

C. Criteria - Special permits shall be granted by the special permit granting authority only upon its written determination that the proposed use will not have adverse effects which overbalance its beneficial effects on either the neighborhood or the Town, in view of the particular characteristics of the site and of the proposal in relation to that site. The determination shall indicate consideration of each of the following:

(1) Social, economic or community needs which are served by the proposal.

(2) Traffic flow and safety.

(3) Adequacy of utilities and other public services.

(4) Neighborhood character and social structures.

(5) Qualities of the natural environment.

(6) Potential fiscal impact.

(7) Impact on drainage or stormwater management.

[Added 4-29-2011 ATM, Art. 7]

D. Conditions - Special permits may be granted with such reasonable conditions, safeguards or limitations on time or use as the special permit granting authority may deem necessary to serve the purposes of this Zoning Bylaw.

E. Expiration - Special permits shall lapse twenty-four (24) months following special permit approval (plus such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof) if a substantial use thereof or construction has not begun, except for good cause.

§ 125-VI-4 Amendments.

This Zoning Bylaw may, from time to time, be changed by amendment, addition or repeal by the Town Meeting in the manner provided in MGL c. 40A, § 5, and any amendments therein.

§ 125-VI-5 Applicability.

A. Other Laws - Where the application of this Zoning Bylaw imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants or agreements, the provisions of this Zoning Bylaw shall control.

B. Conformance - Construction or operations under a building or special permit shall conform to any subsequent amendment of this Zoning Bylaw unless the use or construction is commenced within a period of six (6) months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

§ 125-VI-6 Severability.

[Added 4-28-1989 ATM, Art. 21; amended 11-29-1999 STM, Art. 1]

The invalidity of any provisions of this Zoning Bylaw (Chapter 125) shall not affect the validity of the remainder.