[Amended 3-7-1960 by Art. 35; 5-1-1976 by Arts. 40, 41 and 42; 4-2-1977 by Art. 26; 4-8-1977 by Art. 38; 4-1-1978 by Art 21; 6-18-1984 by Art. 4; 4-7-1990 by Arts.
28, 29 and 31; 3-27-1993 by Art.
22; 3-25-2000 by Art. 28; 3-31-2001 by Art. 30; 11-13-2007 by Art. 4; 11-16-2009 by Art. 4; 4-28-2014 ATM by Art. 23; 4-30-2018 ATM by Art. 19; 5-24-2021 ATM by Arts.
25 and 28; 5-1-2023 ATM by Art. 25]
The Building Inspector is responsible for enforcement of this
Zoning Bylaw, including enforcement of all terms and conditions of
variances, special permits and site plan approval decisions issued
pursuant to its provisions.
A.
The Building Inspector shall withhold a building permit for construction,
external alteration, or moving of a structure that does not comply
with the Zoning Bylaw.
B.
No structure or lot may be used or occupied in whole or in part until
the Building Inspector issues an occupancy permit indicating that
the use or occupancy complies with this Zoning Bylaw.
C.
Either on his or her own initiative, or upon receipt of a written
request for enforcement, the Building Inspector shall investigate
and, if appropriate, take actions necessary to prevent or restrain
violations of this Zoning Bylaw.
D.
Violations of this Zoning Bylaw are punishable by a fine of up to
$300 for each offense. Each day or portion of a day that a violation
continues will constitute a separate offense.
E.
Any person aggrieved by the Building Inspector's denial of their
written enforcement request, or by the issuance of a building permit
or occupancy permit in violation of this Zoning Bylaw, or by reason
of any order of the Building Inspector in violation of this Zoning
Bylaw or Chapter 40A of the General Laws, may appeal to the Zoning
Board of Appeals within 30 days of the action or order complained
of, in accordance with the procedures set out in MGL c. 40A, §§ 8
and 15.
There shall be a Zoning Board of Appeals consisting of three
members and three associate members, appointed by the Select Board
as provided in Chapter 40A of the General Laws. The Zoning Board of
Appeals shall have all the powers and duties of boards of appeals
under said Chapter 40A. More specifically, the powers of the Zoning
Board of Appeals include the following:
A.
To hear and decide administrative appeals pursuant to MGL c. 40A, § 8.
B.
To hear and decide applications for special permits in all matters
for which the Zoning Board of Appeals is the designated special permit
granting authority under this Zoning Bylaw.
C.
To hear and decide petitions for variances from requirements of this
Zoning Bylaw with respect to particular land or structures, including
variances from use regulations, in accordance with MGL c. 40A, § 10.
The Planning Board shall exercise the following powers and duties
in accordance with this Zoning Bylaw and Chapter 40A of the General
Laws:
The Zoning Board of Appeals and the Planning Board shall adopt
and from time to time amend rules relative to the administration of
their respective powers and duties under this Zoning Bylaw. Such rules
shall prescribe the procedures for submission and approval, and the
required size, form, contents, style, and number of copies of plans
and specifications to be submitted as part of an application. Each
Board shall file a copy of its rules in the office of the Town Clerk.
Whenever the Zoning Bylaw authorizes the Zoning Board of Appeals
or the Planning Board to issue a special permit for a particular use,
activity or development, the designated special permit granting authority
may issue such special permit only if it makes the findings set forth
in Subsection A of this section. Where the Planning Board is the designated
special permit granting authority, the Chair of the Planning Board
shall designate the associate member of the Planning Board to sit
on the Board for purposes of acting on the special permit application
in the case of absence, inability to act, or conflict of interest
on the part of any member of the Planning Board or in the event of
a vacancy on the Planning Board.
A.
In granting a special permit, the special permit granting authority
must make written findings that the proposed use or construction complies
with the specific requirements of this Zoning Bylaw governing the
subject special permit, and that satisfactory provisions have been
made to prevent undue adverse effects on adjoining properties or properties
in the same zoning district, after considering the following factors:
(1)
Ingress and egress to the subject property and any proposed
structures thereon with reference to automotive and pedestrian safety
and convenience, adequacy of off-street parking and loading areas
where required, traffic flow and control, accessibility in case of
fire or catastrophe, and the capacity of nearby public streets to
support the added traffic safely;
(2)
Measures to ensure that the proposed use will not cause pollution
of public or private water facilities; measures to ensure adequate
drainage for the site, either on site or via public drainage systems
where necessary; and measures to ensure that there will be no excessive
demand imposed on the water supply system;
(3)
Measures to ensure that there will be no excessive noise, vibration,
light, dust, smoke, heat, glare, or odor observable at the lot lines
of the site;
(5)
Character of proposed screening and buffers, including type,
dimensions, design, and materials;
(6)
Provisions for required yards and other open space;
(7)
Economic impacts on the Town, and general compatibility and
harmony with existing development on adjacent properties and on other
properties in the district;
(8)
The comments and recommendations, if any, of the Planning Board
(if the Zoning Board of Appeals is the designated special permit granting
authority), the Board of Public Health, and the Conservation Commission.
B.
Within 10 days after receipt of a complete application for a special
permit, the special permit granting authority shall refer copies of
the application, together with copies of any accompanying plans and
supporting material, to the Board of Public Health, the Planning Board
(if the Planning Board is not the designated special permit granting
authority), and the Conservation Commission for their recommendations.
Said Boards and Commission shall investigate the application and report
their recommendations in writing within 35 days of receiving the application
from the special permit granting authority. Failure of a Board or
Commission to timely report its recommendations to the special permit
granting authority will be deemed a lack of opposition to the application.
C.
The special permit granting authority may not take final action on
a special permit application until it has received recommendations
thereon from the Board of Public Health, the Planning Board (if the
Planning Board is not the designated special permit granting authority),
and the Conservation Commission, or unless such Boards or Commission
have failed to make recommendations within 35 days of receiving the
referred application.
D.
If the Zoning Board of Appeals grants a special permit that is contrary
to the Planning Board's recommendations or does not incorporate such
recommendations, the Zoning Board of Appeals' written special permit
decision must include the reasons for not following the Planning Board's
recommendations.
E.
When granting a special permit, the special permit granting authority
may impose conditions, safeguards and limitations on time and use
in order to ensure that the allowed use, activity, or development
will comply with each of the requirements specified in this Zoning
Bylaw for the subject special permit, and will not cause conditions
that are detrimental to abutting properties, or to the public health,
safety, or welfare, including, but not limited to, the Town's economy
and the environment.
F.
A special permit will lapse after two years if a substantial use
of the special permit has not sooner commenced except for good cause,
or in the case of a special permit for construction, if construction
has not sooner begun except for good cause. The two-year time limit
for commencing substantial use or beginning construction does not
include the time required to pursue or await the determination of
an appeal under MGL c. 40A, § 17.
In accordance with MGL c. 40A, § 10, the Zoning Board
of Appeals has the power to grant a variance from applicable terms
of the Zoning Bylaw, including use regulations, with respect to particular
land or structures, where the Zoning Board of Appeals specifically
finds that owing to circumstances relating to the soil conditions,
shape, or topography of such land or structures, and especially affecting
such land or structure but not affecting generally the zoning district
in which it is located, a literal enforcement of the provisions of
this Zoning Bylaw would involve substantial hardship, financial or
otherwise, to petitioner, and that desirable relief may be granted
without substantial detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of the Zoning
Bylaw.
A.
In approving a variance, the Zoning Board of Appeals may impose conditions,
safeguards, and limitations both of time and of use, including the
continued existence of particular structures but excluding any condition,
safeguards, or limitations based upon the continued ownership of the
land or structures to which the variance pertains by the applicant,
petitioners, or any owner.
B.
If the rights authorized by a variance are not exercised within one
year of the date of the grant of such variance, they will lapse and
may be reestablished only after notice and a new hearing pursuant
to MGL c. 40A, § 10. However, provided that the variance
holder files a written application for extension prior to the expiration
of the one-year period, the Zoning Board of Appeals may extend the
time for exercise of the variance for an additional period not to
exceed six months. If the Zoning Board of Appeals does not grant such
extension within 30 days of the extension application date, the variance
rights will lapse upon expiration of the original one-year period.
Site plan review is intended to ensure that site development
complies with the use and development regulations set forth in this
Zoning Bylaw; to protect adjoining premises against seriously detrimental
effects caused by site development; and to promote safe and environmentally
sound site design.
A.
The requirements for site plan review under this section apply to any use falling within a principal use category identified with an asterisk (*) in the § 300-4.3 Table of Principal Use Regulations.
[Amended 11-13-2023 STM by Art. 13]
B.
In all instances where site plan review applies, no building permit
may be issued for construction of a new building or for a substantial
alteration of a building, no change in use may be made of an existing
building or lot, and no parking, loading, or vehicular access may
be established or substantially altered, unless a site plan has been
approved in accordance with the requirements set forth below.
C.
CHANGE OF USE
SUBSTANTIAL ALTERATION OF A BUILDING
SUBSTANTIAL ALTERATION OF PARKING, LOADING OR VEHICULAR ACCESS
The following definitions will apply to site plan review under this
section:
A change in the use of all or part of a building or lot from one principal use category to another principal use category, or from an accessory use to a principal use, where the change in use results in an increase in the number of parking or loading spaces required under Article 7.
An alteration of a single building or a group of two or more
buildings located on the same lot or contiguous lots under the same
ownership, that results in an increase of either 500 square feet or
10% of the existing gross floor area, whichever is less. Calculation
of the increase in gross floor area will be based upon the aggregate
of all increases in gross floor area made within the preceding five-year
period.
A change in the layout or location of parking or loading
spaces or access driveways, or an increase of 500 square feet or more
in the area of the lot devoted to parking, loading and/or vehicular
circulation. Resurfacing of existing parking, loading or driveways
is not a substantial alteration.
D.
The Planning Board is responsible for administering site plan review
under this section. The Planning Board shall adopt, and from time
to time amend, regulations governing the form and contents of site
plan review applications, and requirements for review and application
fees.
E.
Procedures.
(1)
Anyone seeking site plan review under this section may obtain
a site plan review application form and site plan checklist from the
Planning Board office. The completed application form, together with
the proposed site plan and all supplementary documentation, must be
submitted to the Planning Board in accordance with the Planning Board's
site plan review regulations.
(2)
Upon receipt of a complete site plan review application, the
Planning Board shall circulate copies of the application to the Building
Inspector, the Superintendent of Public Works, the Conservation Commission,
the Sewer Commission, the Board of Public Health, the Design Review
Board, and the Fire, Police, and Water Departments, with a request
for submission of written comments within 14 days.
(3)
The Planning Board shall consider the site plan review application at a meeting held no less than 30 days, and no more than 45 days, after receipt of the complete application. The Planning Board may continue such meeting, as it deems necessary to ensure adequate review; but, except as provided in Subsection E(5) below, the Planning Board may not continue the site plan review meeting for more than 60 days unless requested to do so, in writing, by the applicant.
(4)
Except as provided in Subsection E(5) below, the Planning Board shall issue its written decision to the applicant, approving or disapproving the site plan, no more than 75 days after receipt of a site plan review application. The Planning Board shall transmit a copy of its site plan review decision to the Building Inspector. Failure to issue a written decision within such seventy-five-day period, or such longer time as may be agreed upon with the applicant, will be deemed an approval of the site plan as submitted.
(5)
The time limits specified in the foregoing Subsection E(3) and (4) for completing the site plan review meeting and for issuing and transmitting a written decision will not apply when the Planning Board is conducting site plan review concurrently with its proceedings on a related special permit application for the subject premises. In such cases, the Planning Board's review of the site plan may continue until the special permit hearing concludes. The Planning Board shall then issue and transmit its separate, written site plan review decision no later than the date the special permit decision is filed in the office of the Town Clerk.
F.
In reviewing a site plan under this section, the Planning Board shall
consider the following factors:
(1)
Adequacy of provisions for surface water drainage, sanitary
waste disposal, sound and sight buffers, and protection of natural
resources;
(2)
Convenience and safety of vehicular and pedestrian movement
within the site, including, but not limited to, compliance with handicapped
access regulations and the safety of driveway curb cuts in relation
to existing traffic conditions on the adjacent street(s);
(3)
Adequacy of provisions for storage and disposal of refuse and
snow;
(4)
Convenience of parking and loading areas in relation to the
contemplated use(s) of the site;
(5)
Adequacy of screening of objectionable features such as dumpsters,
loading or storage areas, or large blank walls, from adjacent properties
and streets;
(6)
Compliance with all other applicable requirements of this Zoning
Bylaw.
G.
In approving a site plan under this section, the Planning Board may
impose reasonable conditions to ensure compliance with the applicable
requirements of the Zoning Bylaw, to protect adjacent properties and
the neighborhood from significantly detrimental impacts of the proposed
site development, and to ensure the public health, safety, and welfare.
H.
The Planning Board may disapprove a site plan only if the Planning
Board finds that:
(1)
The site plan review application is not complete in accordance
with the site plan review regulations; or
(2)
The proposed use and development of the site does not comply
with the applicable use and development requirements of the Zoning
Bylaw; or
(3)
No reasonable conditions can be devised to ensure public health,
safety, and welfare by eliminating or reducing any significantly detrimental
impacts that would result from development of the site as proposed.
I.
Expiration. A site plan approval issued under this section will expire
unless construction commences within two years from the date of approval.
The Planning Board may grant an extension of time for up to six months,
provided a written request for the extension is submitted to the Planning
Board before the initial two-year period has expired.
J.
Modifications. Following approval of a site plan under this section,
the Planning Board may allow minor modifications of the site plan
design or construction details that do not alter the intent or conditions
of the approval. Otherwise, a new site plan review application will
be required for the modified site plan. The Planning Board has the
sole discretion to determine whether a proposed site plan modification
is minor.
K.
Site plan compliance. The Building Inspector may not issue a certificate
of occupancy for any use or development subject to site plan review
until the site has been developed in compliance with the approved
site plan. In the event completion is delayed by seasonal considerations,
the Building Inspector may issue a temporary occupancy permit provided
the applicant posts sufficient monetary security to ensure full compliance
within six months.
