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]
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)]
(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.
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.
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.
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.
[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.