[Amended 2011]
A.
All applications for the construction, reconstruction, alteration,
repair, demolition, removal or change in use or occupancy of buildings
and structures shall be submitted to the Building Commissioner in
accordance with the State Building Code 780 CMR.
B.
Such applications for a new structure or the expansion of an existing
structure shall be accompanied by either a) an order of conditions
issued by the Sherborn Conservation Commission (or a superseding order
of conditions from the Massachusetts Department of Environmental Protection)
or b) a negative determination of applicability issued by the Sherborn
Conservation Commission or its Agent. See MGL c. 131, § 40.
C.
If the application is for a new structure, or the expansion of an
existing structure, or the renovation of an existing dwelling the
application shall be accompanied with an approval from the Board of
Health with respect to the on-site septic or a notation from the Board
of Health or its administrative staff that no further Board of Health
action is required. See Rules and Regulations of the Sherborn Board
of Health.[1]
[Amended 4-25-2023 ATM
by Art. 23]
D.
The Inspector of Buildings shall examine or cause to be examined all applications for permits and amendments thereto within 30 days after filing thereof. If the application and/or the required construction documents do not conform to the requirements of the State Building Code or do not contain the Sherborn Conservation Commission or Board of Health approvals as set forth above in Subsections B and C, the Building Commissioner shall reject such applications in writing, stating the reasons therefor. If the Building Commissioner is satisfied that the proposed work conforms to the requirements of the State Building Code and this section, the Building Commissioner shall issue a permit therefor.
[Amended 4-25-2023 ATM
by Art. 23]
[Amended 1981; 4-25-2023 ATM by Art. 23]
The Inspector of Buildings shall be charged with the enforcement
of this Zoning Bylaw and shall withhold a permit for the construction,
alteration or moving of any building or structure if the building
or structure as constructed, altered or moved would be in violation
of this 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 this bylaw. If the Inspector of Buildings is requested in writing
to enforce this Zoning Bylaw against any person allegedly in violation
of the same and said Inspector 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.
[Added 1978; amended 1981; 1987; 1988]
A.
Membership. There shall be a Board of Appeals of three members and
two associate members to be appointed and designated as provided by
the zoning statutes.
B.
Appeals. In addition to the appeals provided for by the zoning statutes,
appeals may be taken to the Board of Appeals by any officer or board
of the Town, or by any person aggrieved by any order or decision of
the Inspector of Buildings or other administrative official in violation
of the zoning statutes or this bylaw. An appeal to the Board of Appeals
shall be taken within 30 days after the date of the order or decision
appealed from, by filing a notice of appeal specifying the grounds
therefor with the Town Clerk, who shall forthwith transmit copies
of the notice of appeal to the officer or board from whose order or
decision the appeal is taken and to the members of the Board of Appeals.
[Amended 4-25-2023 ATM
by Art. 23]
C.
Special permits.
(1)
Authority. The Board of Appeals is designated as the special
permit granting authority for the issuance of special permits authorized
by this bylaw except where this bylaw expressly designates other special
permit granting authorities to issue special permits for particular
uses specified in this bylaw. Each application to the Board of Appeals
for a special permit shall be filed by the applicant with the Town
Clerk. The Town Clerk, acting as the filing agent for the Board of
Appeals, shall forthwith transmit the application to said Board. The
applicant shall also file with his application a separate signed copy
thereof for the records of the Town Clerk as required under MGL c.
40A, § 9.
D.
Variances.
[Amended 4-25-2023 ATM
by Art. 23]
(1)
Authority and procedures. The Board of Appeals shall have the authority to grant variances from the provisions of this bylaw; provided, however, that the Board of Appeals shall not grant a use variance. Each petition for a variance shall be filed by the petitioner with the Town Clerk in the same manner as provided in Subsection C for the filing of an application for a special permit.
(2)
Required findings. In order to grant such variance, the Board
of Appeals must, after public hearing, specifically find that circumstances
relating to soil conditions, topography, or the shape of the land
or structures which especially affect the particular land or structure
but do not generally affect the zoning district in which it is located
are such that a literal enforcement of the terms of the bylaw would
involve substantial hardship, financial or otherwise to the applicant
for the variance and that desirable relief may be granted without
substantial detriment to the public good and without nullifying or
substantially derogating from the intent and purpose of this bylaw.
(3)
Conditions. The Board of Appeals may impose conditions, safeguards
and limitations both of time and use, including the conditions on
the continued existence of particular structures but excluding any
condition, safeguard or limitation upon the ownership of the land
or structures to which the variance pertains.
(4)
Lapse of rights. If the rights authorized by a variance are
not exercised within one year of the date the variance was granted,
such rights shall lapse and may be reestablished only if a new variance
is granted pursuant to this section.
E.
Hearings and decisions. The Board of Appeals shall hold a public hearing upon each application for a special permit or variance and shall issue its decision within such time limits as are specified from time to time in MGL c. 40A. Subject to the procedural requirements for special permits set forth in § 240-6.2, failure to take final action within such specified time periods shall be deemed to be a grant of the special permit or variance applied for and the applicant shall be entitled to whatever documents are necessary to evidence such special permit or variance.
[Added 1978]
Construction authorized by a building permit or special permit
shall conform to any subsequent amendment of this Zoning Bylaw unless
the construction is commenced within six months of the issuance of
the permit and is continued through to completion as continuously
and expeditiously as is reasonable. Any operation or use authorized
by a building or special permit shall conform to any subsequent amendment
of this Zoning Bylaw unless such use is commenced within six months
of the issuance of the permit. Once construction has been completed
or a use has commenced as authorized by a building or special permit,
subsequent amendments shall not affect the terms of the permit except
through the general provisions of this bylaw governing nonconforming
structures and uses.
[Amended 1978]
Any person violating the provisions of this bylaw shall be fined
not more than $100 for each offense. Each day that such violation
continues shall constitute a separate offense.
The invalidity of any part or provision of this bylaw of the
application hereof to any particular subject matter shall not invalidate
any other part or provision hereof or affect the application hereof
to any other subject matter.
