10.1.1.
Building Permit. It shall be unlawful
for any person to erect, construct, reconstruct, or alter a structure
without applying for and receiving from the Building Commissioner
a building permit.
10.1.2.
Occupancy Permit. No building
erected, altered, or in any way changed as to construction or use,
under a permit or otherwise, shall be occupied or used without an
occupancy permit, signed by the Building Commissioner, which permit
shall not be issued until the building and its uses, and the uses
incident thereto, comply in all respects with the bylaw.
10.1.3.
Issuance. Such permits shall be
applied for in writing to the Building Commissioner. The Building
Commissioner shall not issue any such permit unless the plans for
the building, and the intended use thereof in all respects, fulfills
the provisions of the bylaw. Any special permit, variance, or site
plan approval governing the application shall be attached to the application.
One copy of each such permit issued, including any conditions or exceptions
attached thereto, shall be kept on file in the office of the Building
Commissioner.
10.1.4.
Plot Plan. Each application for
a permit to build, alter, or move a building shall be accompanied
by a plot plan in such numbers of copies and drawn to such a scale
as is required by the Building Commissioner. Each such plot plan shall
show dimensions and area of lots and of structures and sewage disposal
systems, to be erected, altered or moved, and adjacent streets or
ways. Such plot plans shall accurately indicate dimensions of all
lot lines.
10.2.1.
Building Commissioner. The bylaw
shall be enforced by the Building Commissioner. The Building Commissioner,
upon being informed in writing of a possible violation of the bylaw
or on his own initiative, shall make or cause to be made an investigation
of facts and an inspection of the premises where such violation may
exist. The Building Commissioner, on evidence of any violation, after
investigation and inspection shall give written notice of such violation
to the owner and to the occupant of such premises. The Building Commissioner
shall demand in such notice that such violation be abated and within
a reasonable time, designated therein by the Building Commissioner.
Such notice and demand may be given by mail addressed to the owner
at the address appearing for him on the most recent real estate tax
records of the Town of Lynnfield and to the occupant at the address
of the premises of such seeming violation.
10.2.2.
Duties. The Building Commissioner
shall withhold a permit for construction, alteration or moving of
any building or structure if the building or structure as constructed,
altered or moved would be in violation of the bylaw; and no permit
or license shall be granted for a new use of a building, structure
or land which use would be in violation of the bylaw. If the Building
Commissioner is requested in writing to enforce the bylaw against
any person allegedly in violation of the same and the Building Commissioner
declines to act, he shall notify, in writing, the party requesting
such enforcement of any action or refusal to act, and the reasons
therefor, within 14 days of receipt of such request.
10.2.3.
Zoning Administrator. The Board
of Appeals, in accordance with MGL c. 40A, § 13, may appoint,
subject to confirmation by the Board of Selectmen, a Zoning Administrator,
to serve at the pleasure of the Board of Appeals, who may but need
not be the Director of Zoning Enforcement or the Building Commissioner.
The Board of Appeals may delegate by unanimous vote to the Zoning
Administrator some of its powers and duties. Any person aggrieved
by a decision or order of the Zoning Administrator may appeal to the
Board of Appeals in accordance with MGL c. 40A, § 14.
10.2.4.
Penalties. Any violation of these
Zoning Bylaws shall be punishable by a fine of $300, and each day
such violation continues shall constitute a separate offense. Such
fines shall be recovered as provided by law and shall enure to the
Town of Lynnfield.
10.2.5.
Noncriminal Disposition. In addition
to the procedures for enforcement as described in the previous paragraph,
the provisions of the bylaw may be enforced by the Building Commissioner
by noncriminal complaint pursuant to the provisions of MGL c. 40,
§ 21D. The penalty for violation of any provision of the
bylaw shall be $25 for the first offense; $50 for the second offense;
$100 for the third offense; and $200 for the fourth and each subsequent
offense.
10.3.1.
Membership. There shall be a Board
of Appeals consisting of three persons, inhabitants of the Town. The
members shall be appointed by the Board of Selectmen. They shall hold
office for a term of three years. In case of vacancy, inability to
act, or interest on the part of any member of the Board of Appeals,
his place shall be taken by an associate member. Members shall serve
without remuneration and shall be subject always to the rule that
they shall give due consideration to the pertinent provisions of the
bylaw.
1.
The Board of Selectmen shall also appoint three persons, inhabitants
of the Town, associate members of said Board of Appeals, who shall
hold office for a term of three years.
10.3.2.
Powers of the Board of Appeals.
The Board of Appeals shall have the following powers:
1.
Appeals. To hear and decide an appeal taken by any person aggrieved
by reason of his inability to obtain a permit from any administrative
official; to hear and decide an appeal taken by any person aggrieved
by any order or decision any administrative official; to hear and
decide an appeal taken by any person aggrieved by any failure to act
on the part of the Commissioner of Buildings or any other administrative
official under any provision of MGL c. 40A or of the bylaw.
2.
Special Permits. To grant a special permit when designated as
the special permit granting authority by the bylaw.
3.
Variances. To authorize a variance for a particular use of a
parcel of land or to an existing building thereon from the terms of
the bylaw as set forth in MGL c. 40A, § 10.
5.
Comprehensive Permits. To grant a comprehensive permit pursuant
to MGL c. 40B.
10.3.3.
Rules and Regulations; Fees. The
Zoning Board of Appeals shall adopt rules and regulations, including
fees, for the conduct of business and for the purpose of the bylaw
and Chapter 40A of the General Laws, and shall file a copy of such
rules and fees with the Town Clerk.
10.4.1.
Establishment. A Planning Board
of five members shall be elected for five-year overlapping terms.
10.4.2.
Powers. The Planning Board shall
have the following powers:
1.
To hear and decide applications for special permits as provided
in the bylaw.
10.4.3.
Rules and Regulations; Fees. The
Planning Board shall adopt rules and regulations, including fees,
for the conduct of business and for the purpose of the bylaw and Chapter
40A of the General Laws, and shall file a copy of such rules and fees
with the Town Clerk.
10.5.1.
Special Permit Granting Authority.
The Board of Appeals, Planning Board, and the Board of Selectmen shall
be the special permit granting authority (SPGA) as specified in the
various sections of the bylaw and, when designated herein, shall hear
and decide applications for special permits.
10.5.2.
Criteria. Special permits shall
be granted by the SPGA, unless otherwise specified herein, only upon
its written determination that the adverse effects of the proposed
use will not outweigh its beneficial impacts to the Town or the neighborhood,
in view of the particular characteristics of the site, and of the
proposal in relation to that site. In addition to any specific factors
that may be set forth in the bylaw, the determination shall include
consideration of each of the following:
1.
Social, economic, or community needs which are served by the
proposal;
2.
Traffic flow and safety, including parking and loading;
3.
Adequacy of utilities and other public services;
4.
Impacts on neighborhood character;
5.
Impacts on the natural environment; and
6.
Potential fiscal impact on Town services, tax base, and employment
taking into account any proposed mitigation.
10.5.3.
Application. The SPGA may adopt
additional rules relative to the issuance of special permits and shall
file a copy with the Town Clerk. The rules shall prescribe a size,
form, contents, style, and number of copies of plans and specifications
and the procedure for submission and approval of such permits.
10.5.4.
Conditions. The SPGA may impose
additional conditions and limitations as it may deem necessary.
10.5.5.
Regulations. The SPGA may adopt
rules and regulations for the administration of this section.
10.5.6.
Fees. The SPGA may adopt reasonable
administrative fees and technical review fees for applications for
special permits.
10.5.7.
Lapse. Special permits shall lapse
if a substantial use thereof or construction thereunder has not begun,
except for good cause, within 24 months following the filing of the
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) with the Town Clerk.
10.6.1.
Applicability. In residential
districts no nonconforming business or commercial building shall be
externally enlarged, changed and no use shall be expanded except in
conformity with a site plan approval issued by the Board of Appeals.
In all other districts no business or commercial building shall be
constructed, externally enlarged, or changed and no use shall be established
or expanded except in conformity with a site plan approval issued
by the Board of Appeals. For the purpose of this section, the following
uses shall be considered as business or commercial uses, and all buildings
designed, arranged or constructed for, or occupied by, one or more
of such uses shall be considered as business or commercial buildings:
1.
Any of the uses permitted in Limited Business, General Business,
Commercial, Office Park or Limited Industrial Districts but not permitted
in Single Residence A, B, C and D Districts (with or without Board
of Appeals authorization).
2.
Any of the following Single Residence District uses, where permitted,
in a Limited Business, General Business, Commercial or Limited Industrial
District.
3.
Long term care facility.
4.
Commercial golf course.
5.
Salesroom or stand for the display and sale of agricultural
or horticultural products.
10.6.2.
Site Plan Requirements. Said application
shall include a site plan which shows all existing and proposed features,
including as a minimum the following:
1.
All landscaping features such as screening in the form of fences,
walls, planting areas, walks, and other barriers.
2.
Suitable landscaping adequate to screen parking and service
areas from public and private ways and adjacent properties.
3.
All outside uses.
4.
Existing and proposed structures and buildings together with
all setback distances, side line and rear yard depth.
5.
Parking spaces with calculations showing the minimum number
required under the bylaw.
6.
All handicapped parking spaces shall be marked in conformity
with state and federal requirements.
7.
Loading, service, refuse and trash disposal areas.
8.
Proposed and existing ways, driveways and driveway openings.
9.
All facilities for sewage and waste disposal and their type.
10.
All outside lighting including the direction and intensity of
said lighting.
11.
Any land thereon which lies within the Wetland Buffer Zone.
12.
The addition of 600 square feet or more of impervious area shall
require the applicant to specify a means to prevent an increase in
the rate of rainfall runoff for the site resulting from the proposed
alteration. Computations prepared by a registered professional engineer
in support of the design of these preventive means shall be provided
with the application. No increase of the peak rate of runoff for the
two-, ten-, and one-hundred-year storms based upon the methodologies
set forth in the United States Soil Conservation Service Technical
Release No. 55 as amended shall be allowed. Said means, such as holding
ponds, dry wells, or other equivalent permanent methods shall be shown
including the location of all structures and piping with their invert
elevations.
10.6.3.
Procedures. All applications for
a site plan approval shall be filed by the applicant with the Town
Clerk who shall certify the date and time of filing. The applicant
must forthwith thereafter file the application and Town Clerk's certification
with the Zoning Board of Appeals.
1.
The rules and regulations of the Zoning Board of Appeals shall
prescribe the procedure of an application for, submission and approval
of, a site plan approval. Said rules and regulations shall specify
the size, form, contents, style, and number or copies of plans, specifications,
and other associated information required to be submitted with the
application. The requirements of said rules and regulations shall
be in addition to, and not in lieu of, the requirements set forth
in this section.
2.
Upon receipt of an application the Board of Appeals shall, within
five working days, transmit one copy to the Planning Board, Board
of Health, Conservation Commission, and Department of Public Works
for their written recommendations in accordance with the provisions
of MGL c. 40A, § 11. Upon written request by one of the
aforementioned Town agencies to the remainder of said agencies, a
joint review may be conducted to provide information which may be
used in the recommendation to the Board of Appeals.
3.
The Board of Appeals shall hold a public hearing in accordance
with MGL c. 40A, § 15.
4.
Any extension to the time limit for holding the public hearing
or taking final action may be extended by written mutual agreement
between the petitioner and the Board of Appeals, provided that said
agreement is signed by both parties and filed within five days with
the Town Clerk.
5.
The Zoning Board of Appeals may require the employment of outside
consultants such as may reasonably be required to perform design and
engineering review, and may impose fees to charge for such pursuant
to MGL c. 44, § 53G.
10.6.4.
Criteria for Evaluation. In considering
the application, the Board of Appeals shall consider whether the application
conforms with the bylaw and take into account whether the following
criteria have been met:
1.
Protection of adjoining premises against seriously detrimental
or offensive uses on the site.
2.
Convenience and safety of vehicular and pedestrian movement
within the site and in relation to adjacent ways and land.
3.
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.
4.
Adequacy of provisions for the off-street loading and unloading
of vehicles, goods, products, materials and equipment incidental to
the normal operation of the establishment or use.
10.6.5.
Conditions. The Board of Appeals
shall have the right to impose conditions, safeguards and limitations
on time or use when granting the permit. The Board of Appeals shall
have the power to modify or amend a site plan approval upon application
of the person owning or leasing the premises, or upon its own motion
in the event of changes in physical conditions of the site sufficient
to justify such action. All of the provisions hereof applicable to
approval shall, where apt, be applicable to such modification or amendment.
10.6.6.
Decision. The Zoning Board of
Appeals shall file its decision with the Town Clerk within 90 days
of the receipt of the application. Failure to file a decision within
this time period shall be deemed a constructive approval of the application.
This deadline may be extended by agreement of the applicant and the
Board. Any such extension shall be filed forthwith with the Town Clerk.
10.6.7.
Effect. No site plan approval,
or any extension, modification or renewal thereof, shall take effect
until a copy of the decision bearing the certification of the Town
Clerk is recorded in the Essex County South District Registry of Deeds.
The responsibility for recording or registering such upon the owner's
certificate of title is that of the owner or applicant.
10.6.8.
Other Permits. No building, septic,
roadway opening, electrical, or similar permits shall granted be until
proof of said recording or registering of the site plan approval has
been presented to the appropriate permit issuing authority.
10.6.9.
Regulations. The Zoning Board
of Appeals may adopt rules and regulations for the administration
of this section.
10.6.10.
Fees. The Zoning Board of Appeals
may adopt reasonable administrative fees and technical review fees
for applications under this section.
10.6.11.
Lapse. Site plan approval shall
lapse if a substantial use thereof or construction thereunder has
not begun, except for good cause, within 36 months following the filing
of the decision (plus such time required to pursue or await the determination
of an appeal referred to in MGL c. 40A, § 17, from the grant
thereof) with the Town Clerk.
10.6.12.
Appeal. The decision of the
Zoning Board of Appeals may be appealed in accordance with MGL c.
40A, § 17, to a court of competent jurisdiction.
10.7.1.
Purpose. The purpose of this section
is to provide for site plan review of religious, educational, and
child care centers otherwise "exempt" pursuant to MGL c. 40A, § 3.
10.7.2.
Site Plan Review Required. Prior
to the issuance of any building permit or certificate of occupancy,
the establishment, alteration, change, extension, or reconstruction
of uses B.1, B.2, or B.3, as set forth in the Table of Use Regulations,[1] shall require site plan approval from the Planning Board
pursuant to this section.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
10.7.3.
Scope of Site Plan Review. Under
this section, site plan review shall be limited to two inquiries:
10.7.4.
Required Information. All applications
for site plan review shall be in writing and provide, at a minimum,
the following information:
1.
Name and address of applicant person or entity;
2.
Name and address of property owner;
3.
Description of the proposed use and any documents necessary
to establish threshold compliance with MGL c. 40A, § 3;
4.
Reason that relief is requested from otherwise applicable zoning
requirements;
5.
If necessary to reach a decision on the application, the Planning
Board may request further information from the applicant consistent
with MGL c. 40A, § 3, specifying in detail the information
required.
10.7.5.
Site Plan; Contents. In addition,
the applicant shall submit a site plan with the following information:
1.
Legend depicting all pertinent existing and proposed site features.
2.
The date and north arrow shall be shown on the plans.
3.
All site plans must be stamped by a registered professional
civil engineer and a professional land surveyor. The land surveyor
shall perform an instrument boundary survey and shall certify the
accuracy of the locations of the buildings, setbacks, and all other
required dimensions to property lines.
4.
Zoning chart depicting "required" versus "provided" for all
applicable zoning criteria including lot size, frontage, setbacks,
building height, lot coverage, parking spaces, and landscaping requirements.
5.
Locus map, at a scale of one inch equals 600 feet or suitable
scale to accurately locate the site in Town, oriented on the plan
in the same way as the large scale plan.
6.
The location, width, status (public or private), and name of
all streets within 100 feet of the project.
7.
On-site and abutting lot lines. On-site lot lines shall be described
by bearings and distance. Abutting lot lines shall be shown in a general
way.
8.
Zoning district lines, including overlay districts if applicable.
9.
The location of existing or proposed buildings on the lot shall
be shown with total square footage and dimensions of all buildings.
10.
Any streams, brooks, or wetland resource area boundaries within
100 feet of the property lines.
11.
Information on the location, size and type and number of existing
and proposed landscape features.
12.
Information on the location, size and capacity of existing and
proposed on-site and abutting utilities (water, sewer, drainage, natural
gas, electrical cable, etc.), including utilities in abutting side
streets, if applicable.
13.
Detailed locations and dimensions of all existing and proposed
buildings and uses on site and on abutting properties, including exterior
details relating to the building footprint.
14.
All existing and proposed setbacks from property lines. Any
minimum, or below minimum, setback distances shall be clearly noted
as such on the plan.
15.
Information and details for all site and directional on-site
signage shall be submitted.
16.
Elevation and facade treatment plans of all proposed structures.
Color renderings are required for new construction.
17.
Information on the location, size and type of parking, loading,
storage and service areas. A parking calculation schedule noting existing,
required and proposed spaces for the entire site shall be provided.
18.
Details and specifications (if applicable) for proposed site
amenities, including, but not limited to fences, recreation facilities,
walls or other barrier materials; and special paving materials.
10.7.6.
Decision. The Planning Board may
approve, approve with conditions, or deny an application for site
plan approval. In making its decision, the Board shall be guided exclusively
by MGL c. 40A, § 3. The Board shall file a written decision
with the Town Clerk within 90 days of receipt of the application.
Failure to file a decision within 90 days shall constitute approval
of the site plan.
10.7.7.
Appeal. Any appeal of the Planning
Board's decision shall be made pursuant to MGL c. 40A, § 17,
to a court of competent jurisdiction.
10.8.1.
Purpose. Under the FHA, it is
a discriminatory practice to refuse to make "a reasonable accommodation
in rules, policies, practices, or services when such accommodation
may be necessary to afford [a handicapped] person equal opportunity
to use and enjoy a dwelling." [42 U.S.C. § 3604(f)(3)(B)]
The same standard applies under the ADA, which also addresses nonresidential
facilities providing services to persons with disabilities. [42 U.S.C.
§ 12112(b)(5)] The purpose of this section is to facilitate
housing and/or services for persons with disabilities and to comply
fully with the spirit and the letter of the FHA and, where applicable,
the ADA.
10.8.2.
Request. Any person eligible under
the FHA or any provider of housing to persons eligible under the FHA,
or any person eligible to operate a nonresidential facility providing
services to persons eligible under the ADA, may request a reasonable
accommodation as provided by the Fair Housing Act and/or the ADA.
A request for a reasonable accommodation does not affect a person's
or provider's obligations to act in compliance with other applicable
laws and regulations not at issue in the requested accommodation.
10.8.3.
Zoning Board of Appeals. All requests
for reasonable accommodation under the FHA and/or the ADA shall be
submitted to the Zoning Board of Appeals (ZBA).
10.8.4.
Information. All requests for
reasonable accommodation shall be in writing and provide, at a minimum,
the following information:
1.
Name and address of person(s) or entity requesting accommodation;
2.
Name and address of property owner;
3.
Name and address of dwelling or facility at which accommodation
is requested;
4.
Description of the requested accommodation and specific regulation
or regulations for which accommodation is sought;
5.
Reason that the requested accommodation may be necessary for
the person or persons with disabilities to use and enjoy the premises;
6.
If the requested accommodation relates to the number of persons
allowed to occupy a dwelling, the anticipated number of residents,
including facility staff (if any); and
7.
If necessary to reach a decision on the request for reasonable
accommodation, the ZBA may request further information from the applicant
consistent with the FHA and/or ADA, specifying in detail the information
required.
10.8.5.
ZBA Procedures. The ZBA may seek
information from other Town agencies in assessing the impact of the
requested accommodation on the rules, policies, and procedures of
the Town. Upon written notice to the ZBA, an applicant for a reasonable
accommodation may withdraw the request without prejudice. The ZBA
shall consider the following criteria when deciding whether a request
for accommodation is reasonable:
10.8.6.
Decision. After conducting an
appropriate inquiry into the request for reasonable accommodation,
the ZBA may by majority vote:
1.
Grant the request;
2.
Grant the request subject to specified conditions; or
3.
Deny the request.
The ZBA shall issue a written final decision on the request
in accordance with MGL c. 40A, § 15. If the ZBA fails to
render its decision on a request for reasonable accommodation within
the time allotted by MGL c. 40A, § 15, the request shall
be deemed granted. The ZBA's decision shall be filed with the Town
Clerk and sent to the applicant by certified mail.
10.8.7.
Appeal. The ZBA's decision pursuant
to this section may be appealed to a court of competent jurisdiction
in accordance with MGL c. 40A, § 17 or otherwise.
10.8.8.
File. The ZBA shall maintain a
file of all requests for reasonable accommodation under the FHA and/or
the ADA and a file of all decisions made on such requests. The file(s)
may be reviewed in the office of the ZBA upon request during regular
business hours.
10.8.9.
Other Laws. While a request for
reasonable accommodation is pending, all laws and regulations otherwise
applicable to the premises that is the subject of the request shall
remain in full force and effect.
10.8.10.
Effective Date. Any person who
has previously submitted a request for reasonable accommodation may
resubmit the request for processing pursuant to the procedures set
forth in this section.
