This Zoning Bylaw shall become effective upon adoption of the Town, subject to its approval by the Attorney General of Massachusetts and the publication and posting required by Massachusetts General Laws. All language of this bylaw which remains unchanged from previously adopted language shall be considered to have been adopted on the date of its initial adoption by the Town.
If any provision of this bylaw or boundary depicted on the Zoning Map is held invalid, the validity of the remaining bylaw provisions and boundary lines shall not be affected thereby. Each article may be updated separately by Town approval and be valid based on a date posted on the article; the definitive version of the most up-to-date bylaw is available in the Town Clerk's office.
To the extent that any specific provisions of this bylaw shall conflict with any general provisions thereof, the specific provisions shall prevail.
This bylaw and the conditions and stipulations of permits and variances issued thereunder shall be enforced by a Building Commissioner, acting as Zoning Enforcement Officer, in accordance with any or all action necessary to enforce full compliance, as prescribed by the bylaws of this Town and Massachusetts General Laws.
In processing an application for a building permit, the Building Commissioner shall determine by direct reference to the Zoning Map, Soil Limitation Map and Floodplain Hazard Boundary Maps the extent to which any constraints imposed by such maps within the zoning district in question are applicable, and shall adhere to and be guided by such constraints.
A. 
A Board of Appeals of five members and three associate members shall be appointed by the Board of Selectmen in accordance with the provisions of the General Laws of Massachusetts and the Winchendon Home Rule Charter. The Board of Appeals shall possess and exercise those powers granted by the Massachusetts General Laws and shall establish procedures consistent with the provisions of this bylaw.
B. 
All applications received by the Board of Appeals shall immediately be referred to the Planning Board for its comments. Comments by the Planning Board are not required, but should be considered by the Board of Appeals, if such are received.
C. 
The Board shall carry out the following specific powers and duties:
(1) 
Appeals. To hear and decide appeals taken by any person aggrieved by reason of inability to secure a permit or enforcement action from the Building Commissioner pursuant to Massachusetts General Laws and the bylaws of this Town.
(2) 
Special permits.
(a) 
Section 300-5.2 of these bylaws provides for specific types of uses which are only permitted in specific districts upon the issuance of a special permit ("SP"). Special permits may be issued only for uses which are in harmony with the general purpose and intent of these bylaws and shall be subject to the general or specific provisions set forth therein, in addition to which the Board shall consider whether the future use is detrimental to adjacent uses or to the existing or planned future character of the neighborhood, whether the proposed use will create undue traffic congestion or unduly impair pedestrian safety, whether the proposed use will overload any public water, drainage or sewer facility, or whether the proposed use will be offensive, dangerous or harmful to abutters or to the general public due to excessive noise, odor, vibration, dust, smoke or for any similar reason.
(b) 
Special permit time limitations. Special permits shall lapse if not exercised within 24 months from the date of filing with the Town Clerk. "Exercised" shall be defined as having obtained any necessary building or other permits and having begun the use of or construction. More particular requirements for the "exercise" of a special permit may be contained in specific sections of this Zoning Bylaw.
(3) 
Variances. To hear and decide petitions for variances from the requirements of this bylaw, and to authorize such variances upon appeals, or upon petition in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon. Variances shall be granted only when:
(a) 
Owing to conditions specifically affecting such parcel or building but not affecting generally the zoning district in which located, a literal enforcement of the provisions of this bylaw would involve substantial hardship, financial or otherwise, to the applicant; and
(b) 
Desirable relief may be granted without substantially derogating from the intent and purpose of this bylaw, but not otherwise.
[1]
Editor's Note: Original Sec. 13.7, Scheduled development, as amended 5-13-2002, expired 1-1-2008 and has therefore been removed from this chapter.
A. 
Any person, firm or corporation violating any article or provision of this bylaw shall be fined the maximum amount allowed by statute, and each day shall constitute a separate violation.
B. 
As an alternative to criminal prosecution in a specific case, the Building Commissioner may issue citations under the noncriminal disposition procedure set forth in MGL c. 40, § 21D.
This bylaw may be amended from time to time in accordance with the provisions of Chapter 40A of the General Laws of Massachusetts.
[Amended 12-12-2011]
The Planning Board, which consists of five members, shall also include one associate member, who shall be appointed in the same manner as regular members for terms of one year. Associate member should attend Board meetings and may participate in Board deliberations but shall not count in determining a quorum nor have voting powers except as provided herein. Any associate member may, from time to time, be designated by the Chairman of the Planning Board in the case of the absence, inability to act or conflict of interest of a regular member, or a vacancy on said Board, to act on special permits under the requirements of this bylaw.