9.1.1. 
Zoning Enforcement Officer.
The Town Manager shall appoint an administrative official, hereinafter referred to as the “Zoning Enforcement Officer”, who shall be responsible for the administration and enforcement of this Bylaw. The Zoning Enforcement Officer may be provided with the assistance of such other persons as the Town Manager determines to be required.
1. 
All questions of interpretation and enforcement shall be first presented to the Zoning Enforcement Officer. Such questions shall be presented to the Board of Appeals only on appeal from the decisions of the Zoning Enforcement Officer.
9.1.2. 
Powers.
If the Zoning Enforcement Officer shall find that any of the provisions of this ordinance are being violated, he or she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.
9.1.3. 
Complaints.
Whenever a violation of this Bylaw occurs or is alleged to have occurred, any person may file a signed written complaint with the Zoning Enforcement Officer who shall record properly such complaint, immediately investigate, and take appropriate action thereon.
1. 
If the Zoning Enforcement Officer shall determine that no enforcement action is required, he or she shall notify, in writing, the person who has filed such complaint of his determination not to take any action, and of the reasons therefore, within 14 days of receipt of such complaint.
2. 
If the Zoning Enforcement Officer shall find that any of the provisions of this Bylaw are being violated, he or she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal use of land, buildings, or structures: removal of illegal buildings or structures or of illegal additions, alterations, or structural changes, discontinuance of any illegal work being done: he or she shall also cause to be instituted civil or criminal actions to secure enforcement of the provisions of the zoning bylaws or shall take any other action authorized by this Bylaw to ensure, compliance with or to prevent violation of its provisions.
9.1.4. 
Penalties for Violation.
Any person who violates this Bylaw or fails to comply with any of its requirements shall be subject to a fine of not more than $300.00 for each offense. Each day such violation continues shall be considered a separate offense. The owner, tenant, occupant or person or persons in possession of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
9.1.5. 
Noncriminal Disposition.
In addition to other remedies available under this section, any person violating any provision of this chapter, any of the conditions under which a permit is issued in accordance with this chapter, any rule or regulation of any permit granting authority subject to this chapter, or any decision rendered by the permit granting authority in accordance with this chapter may be fined by the Zoning Enforcement Officer, in accordance with this Bylaw and G.L. c. 40 § 21D, Noncriminal Disposition. The penalty for zoning violations, as set forth above shall be: $100.00. Each day that such violation continues after notification by the Zoning Enforcement Officer shall constitute a separate offense. The owner, tenant, occupant, or person or persons in possession of any building, structure, premises, or part thereof, and any architect, builder, contractor, engineer, agent, or other person who commits, participates in, assists in, or maintains such violation may each be fined in accordance with this section.
9.2.1. 
Building Permit.
No building permit for erection, alteration, moving or repair of any structure shall be issued until an application has been made pursuant to the State Building Code. No building permit shall be issued for a lot in a subdivision, whether subdivision control is required or not, until a plan showing said subdivision has been recorded in the Registry of Deeds.
9.2.2. 
Certificate of Use and Occupancy.
No building or land shall be used for any purpose until an application has been made for a certificate or use or occupancy pursuant to the State Building Code.
9.3.1. 
Appointment.
The Board of Appeals, which shall be the Zoning Board of Appeals and which shall also be the Board of Appeal under the Building Laws shall have all the powers of a board of appeals under Chapter 40A of the General Laws and as authorized under this Bylaw. The Board of Appeals shall consist of three members, who shall be appointed by the Select Board, for terms of such length and so arranged that the term of one member shall expire each year. The Select Board shall appoint at least two, but no more than three, associate members for terms of such length and so arranged that the term of one associate member shall expire each year. Any vacancy shall be filled for the unexpired term as in the case of original appointments.
9.3.2. 
Organization.
The Board of Appeals shall elect annually a chairman from its own number and a clerk. The chairman in addition to the powers granted to the chairman under the rules adopted by the Board of Appeals, shall have the power to designate one or more associate members to sit on the Board of Appeals in case of the absence, inability to act or conflict of interest on the part of any member or members thereof, or in the event of a vacancy, until said vacancy is filled in the manner provided in this section.
9.3.3. 
Powers.
The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws and by this Bylaw. The Board’s powers are as follows:
1. 
To hear and decide applications for special permits. Unless otherwise specified herein, the Board of Appeals shall serve as the special permit granting authority, to act in all matters in accordance with the provisions of Section 9.4 or as otherwise specified.
2. 
To hear and decide appeals or petitions for variances from the terms of this Bylaw, with respect to particular land or structures, as set forth in G.L. c. 40A, s. 10. The Board of Appeals shall not grant use variances.
3. 
To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of G.L. c. 40A, ss. 8 and 15.
4. 
To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in G.L. c. 40B, ss. 20-23.
9.3.4. 
Regulations.
The Board of Appeals may adopt rules and regulations for the administration of its powers.
9.3.5. 
Fees.
The Board of Appeals may adopt reasonable administrative fees and technical review fees pursuant to G.L. c. 44, s. 53G for petitions for variances, administrative appeals, and applications for comprehensive permits.
[FTM Art. 3, 11/6/2017]
9.4.1. 
Special Permit Granting Authority.
The Zoning Board of Appeals shall serve as Special Permit Granting Authority as may be designated for particular matters in this Bylaw.
9.4.2. 
Criteria.
Unless otherwise specified in Section 3.5 or elsewhere in this bylaw, a special permit may be granted by the Special Permit Granting Authority (SPGA) only if it finds that the beneficial impacts of the proposed use or structure will outweigh its adverse effects on 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 this bylaw, the SPGA shall consider, and its written decision shall address, each of the following, as well as any recommendations by other Town agencies and officials:
1. 
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, including the extent to which:
a. 
Building forms and materials are compatible with the prevailing scale and character of buildings in the neighborhood;
b. 
Architectural features add visual character to the neighborhood (for example, dormers, lintels, bay windows, open porches, chimneys); and
c. 
Patterns and proportions of windows are consistent;
5. 
Adequacy of proposed screening and buffering;
6. 
Impacts on the natural environment, including, but not limited to, changes in topography, installation of retaining walls, or the removal of mature trees;
7. 
Fiscal impacts, including impact on Town services, tax base and employment; and
8. 
Impacts on historic resources, as defined in Section 10.
If the SPGA disagrees with the recommendations of any other Town agencies or officials, it shall explain its position in its written decision.
9.4.3. 
Procedures.
Special permit applications shall be governed by the rules and regulations of the Special Permit Granting Authority. Whenever an application for a special permit is filed with a Special Permit Granting Authority, the applicant shall file 18 paper copies (and an electronic copy) of the submission at the Building Department. Within five (5) working days of the filing of the completed application with said authority, copies of the application, accompanying site plan, and other documentation shall be forwarded by the Board of Appeals Clerk to the Planning Board, Board of Health, Town Engineer, Conservation Commission, Building Commissioner, Director of Public Works, Police Chief, Fire Chief, the Design Review Committee, Disability Access Commission and Historical Commission for their consideration, review, and recommendations.
[FTM Art. 9, 11/5/2020; FTM Art. 4, 11/6/2017]
9.4.4. 
Conditions.
Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this Bylaw.
9.4.5. 
Plans.
Unless otherwise specified herein, an applicant for a special permit shall submit a plan in substantial conformance with the requirements for a site plan as set forth in the rules and regulations of the Zoning Board of Appeals. All special permit applications shall incorporate and illustrate the size and location of all rooftop equipment into the drawings, renderings, and elevations submitted.
[STM Art. 10, 5/6/2019]
9.4.6. 
Regulations.
The Special Permit Granting Authority may adopt rules and regulations for the administration of this section.
9.4.7. 
Fees.
The Special Permit Granting Authority may adopt reasonable administrative fees and technical review fees pursuant to G.L. c. 44, s. 53G for applications for special permits.
9.4.8. 
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 G.L. c. 40A, s. 17, from the grant thereof) with the Town Clerk.
[STM Art. 2, 4/25/2016; FTM Art. 9, 11/6/2017; FTM Art. 10, 11/6/2017; STM Art. 6, 4/30/2018; STM Art. 7, 4/30/2018; STM Art. 4, 4/29/2019; STM Art. 11, 5/6/2019; FTM Art. 9, 11/5/2020; FTM Art. 10, 11/5/2020; FTM Art. 7, 11/7/2024]
9.5.1. 
Applicability.
For any use permitted as of right (“Y”) in the Table of Use Regulations, site plan approval from the Board of Appeals shall be required before any of the following is commenced:
1. 
New construction, a change of use in an existing building, a new use on vacant land, or expansion of floor space of an existing building of 25 percent or more, all in a Limited Light Industrial (IL) District where the lot abuts a Residential District or a Conservancy Institutional District (SCI);
2. 
Any construction or expansion of a structure on a parcel or a change of use within the General Business District GBD-1 with a lot area equal to or greater than 7,500 square feet;
3. 
New construction, a change of use in an existing building, a new use on vacant land, or expansion of floor space of an existing building of 25 percent or more, all in any district where the total number of parking spaces required will be 20 or more;
4. 
New construction or expansion of one (1) or more buildings resulting in floor area equal to or greater than 6,000 square feet (including garage and any floor area with head room of seven (7) feet or higher, excluding basement) in the RDA-20 zoning district;
5. 
New construction or expansion of one (1) or more buildings resulting in floor area equal to or greater than 5,000 square feet (including garage and any floor area with head room of seven (7) feet or higher, excluding basement) in the RDB-10 zoning district;
6. 
New construction or expansion of one (1) or more buildings resulting in floor area equal to or greater than 3,600 square feet (including garage and any floor area with head room of seven (7) feet or higher, excluding basement) in the RG-6.5 zoning district; or
7. 
Changing the grade of more than five hundred (500) square feet by more than six (6) percent.
9.5.1A. 
Waiver.
Notwithstanding subsections 9.5.1.4 through 6, if the proposed construction or expansion is 500 square feet or less, the Zoning Board of Appeals may waive site plan approval; provided, that it finds that the impact of the proposal on the neighborhood would not be significant.
9.5.2. 
Procedures; Use is Permitted.
When site plan approval is required, no building permit shall be issued and no area for roadways, parking, loading or open space shall be established or changed on land developed except in conformity with a site plan bearing the endorsement of approval of the Board of Appeals. No certificate of zoning compliance shall be issued for any such building or buildings, unless the same conforms in all respects to such site plan and unless all facilities included in the site plan have been installed in accordance therein.
9.5.3. 
Procedures; Use Requires Special Permit.
The Board of Appeals shall review site plans prior to approval of applications for special permits as specified in the Table of Use Regulations. In such cases, the site plan shall serve as the plan of record for the proposed special permit; no separate site plan approval shall be required.
9.5.4. 
Application.
A person applying for site plan approval hereunder shall file with the Board of Appeals 20 copies and an electronic version of each application and site plan and a filing fee. Such application and site plan shall include the information the Board of Appeals shall reasonably require by rule or regulation. All site plan review applications shall incorporate the size and illustrate all rooftop equipment into the drawings, renderings, and elevations submitted. In subsequent applications concerning the same subject matter, the Board may waive the filing of plans and documents to the extent they duplicate those previously filed.
9.5.5. 
Review by Other Boards.
The Board of Appeals shall within three (3) days (Saturdays, Sundays and holidays excluded) of receipt of them transmit to the Conservation Commission, the Historical Commission, the Design Review Committee, Disability Access Commission and the Planning Board two (2) copies of the above application and site plan. The Planning Board, the Historical Commission, the Design Review Committee, Disability Access Commission and the Conservation Commission shall consider the same and submit a final recommendation thereon to the Board of Appeals with a copy to the applicant. The Conservation Commission shall review the application with particular reference to the provisions of the Wetlands Protection Act – Chapter 131, Section 40 – and shall recommend as to the advisability of granting the special permit and as to any restrictions which should be imposed upon the development as a condition of such permit. The Board of Appeals shall not make a finding and determination upon an application until it has received the final recommendation of the Planning Board, the Historical Commission, the Design Review Committee, Disability Access Commission and Conservation Commission thereon or until 35 days shall have elapsed since the transmittal of said copies of the application and site plan to the Planning Board, the Historical Commission, the Design Review Committee, Disability Access Commission and the Conservation Commission without such report being submitted. The failure to submit such a report with recommendations within such 35-day period shall be deemed a lack of opposition to the application by whichever of the Planning Board, the Historical Commission, the Design Review Committee, Disability Access Commission or the Conservation Commission fails to submit such report.
9.5.6. 
Public Hearing.
The Board of Appeals shall hold a public hearing within 65 days of receiving the application and shall take final action within 90 days of such public hearing, it nonetheless being the intention of this Bylaw that the Board of Appeals shall act as expeditiously as is practical on such application.
9.5.7. 
Decision.
Site Plan Approval shall be granted only upon determination by the Board that the plan meets the following standards. The Board may impose reasonable conditions at the expense of the applicant to implement these standards. [FTM Art. 9, 11/15/2018; FTM Art. 11, 11/6/2017]
New building construction and other site alterations shall be designed, after considering the qualities of the specific location, the proposed land use, the design of the buildings, grading, egress points, and other aspects of the development, so as to:
1. 
Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity;
2. 
Minimize any adverse effect on any historic resource;
3. 
Minimize the volume of cut and fill, the number of removed trees six (6) inches in caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, soil erosion;
4. 
Provide adequate stormwater management and other utilities consistent with the functional requirements of the Planning Board Subdivision Rules and Regulations;
5. 
Maximize pedestrian and vehicular safety, both on the site and egressing from it;
6. 
Provide adequate access to each structure for fire and emergency service equipment;
7. 
Minimize obstruction of scenic views from publicly accessible locations;
8. 
Minimize visual intrusion by controlling the visibility of parking, storage, utilities such as HVAC systems and transformers, or other outdoor service areas viewed from public ways or premises residentially used or zoned;
9. 
Minimize glare from headlights and lighting intrusion;
10. 
Minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances; and
11. 
Ensure compliance with the provisions of this Zoning Bylaw, including parking, signs, landscaping, and environmental standards.
9.5.8. 
Effect.
In the event that the Board of Appeals approves a site plan under these provisions, any construction, reconstruction, substantial exterior alteration or addition shall be carried on only in conformity with any conditions, modifications and restrictions subject to which the Board shall have made its findings and determination, and only in conformity with the application and site plan on the basis of which the finding and determination are made.
9.5.9. 
Lapse.
Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Board upon the written request of the applicant.
9.5.10. 
Regulations; Fees.
The Board may adopt and, from time to time, amend reasonable regulations for the administration of these Site Plan guidelines. The Board may adopt reasonable administrative fees and technical review fees for site plan review.
9.5.11. 
Appeal.
Any decision of the Board pursuant to this Section shall be appealed in accordance with the provisions of G.L. c. 40A, s. 17 to a court of competent jurisdiction.