1. 
This By-law shall be enforced by the Building Commissioner. The Building Commissioner shall not issue a permit for the erection or alteration of any building or part thereof, unless the plans, specifications and intended use of such buildings are in all respects in conformity with the provisions of this By-law.
2. 
No person shall use or permit the use of any building or part thereof hereafter erected, or altered in its use or construction in whole or in part, or any building when the open spaces in the lot upon which it stands have been reduced in area or shape, until the Building Commissioner has issued a certificate of occupancy and use under the Commonwealth of Massachusetts State Building Code, and until the Building Commissioner has issued a certificate to the effect that the building so erected or the part thereof so altered, the proposed use thereof, the size of the lot and its yards and setbacks, and all other applicable requirements, conform to the provisions of this By-law.
3. 
In addition to the provisions of paragraphs 1 and 2 of this Section, no building permit or certificate of occupancy shall be issued by the Building Commissioner on an application or petition to the Board of Appeals until all of the conditions and safeguards imposed by the Board of Appeals in accordance with § 9.05, paragraph 2, regarding such application or petition have been complied with or compliance with conditions to be met at a future date has been arranged. Compliance with conditions and safeguards to be reviewed or approved by a Designated Authority shall be determined by the following procedure:
a. 
Notice of Method of Compliance — The applicant shall complete and submit for signature a separate notice of compliance which shall include revised plans or other supporting material if applicable, to each board, commission, department head, or other administrative body or official (hereinafter the "Designated Authority") designated by the Board of Appeals to review or approve a specific aspect of the application or petition. The notice of compliance shall document compliance with the condition and/or intent to comply provided that adequate assurances for compliance such as the delivery of a bond or deposit as permitted in paragraph 4 are given. The sufficiency of the notice of compliance shall be within the discretion of the Designated Authority. If the Designated Authority fails to take action on the notice of compliance within 20 days of its receipt, compliance shall be determined by the Building Commissioner.
b. 
Declaration of Compliance — The applicant shall deliver to the Building Commissioner all of the required notices of compliance. For any notice of compliance that has not been acted upon by a Designated Authority within the 20 day period, the applicant shall affix to that notice a statement to that effect. Upon a determination by the Building Commissioner that the requirements of paragraph 3, subparagraph a of this Section have been met, a declaration of compliance shall be issued by the Building Commissioner, copies of which shall be promptly forwarded to each Designated Authority.
c. 
Building Permit — The Building Commissioner may issue a building permit once a declaration of compliance has been issued.
d. 
Certificate of Occupancy — Prior to the issuance of a certificate of occupancy, the Building Commissioner shall send a notice of pending certificate of occupancy to each Designated Authority which shall have 14 days from the date of that notice to request that the certificate of occupancy be withheld. If such action is requested in writing or was requested in a notice of compliance, the certificate of occupancy shall not be issued until the Building Commissioner has received a notice of completion, which may incorporate provisions for a bond or deposit as permitted in paragraph 4, from the Designated Authority that requested such action.
In the event of disagreement on the procedural requirements of this Section, or in the event of unreasonable administrative delay, the matter shall be referred to the Board of Appeals for resolution.
4. 
The Building Commissioner shall not issue a certificate of occupancy until all required site improvements have been completed in accordance with the final project plans, except that the Building Commissioner may issue a certificate of occupancy if the applicant posts a bond or deposit with the Town in the amount of 1 1/2 times the total installed cost of uncompleted required at-grade site improvements at the time of issuance of the certificate of occupancy. If said improvements (such as landscaping and fences) are not completed within one year from the time of issuance of the certificate of occupancy, said bond or deposit shall be forfeited to the Town, and the Town shall utilize the bond or deposit to complete the required at-grade site improvements.
5. 
Whenever application has been made to the Building Commissioner for a permit or certificate and the interpretation of this By-law with respect to the granting of such application is not clear, the Building Commissioner is authorized and directed to submit the matter to the Planning Board for the expression of its opinion before making their decision.
6. 
Within 60 days after the date this paragraph becomes effective, (June 19, 1969), every owner of a building containing a dwelling unit the occupancy of which became legally nonconforming because of the Zoning By-law amendments adopted at the Town Meeting called for March 25, 1969, by reason of occupancy by unrelated persons shall file with the Building Commissioner a written statement for each affected dwelling unit on the form provided therefore to be known as a registration statement. The statement shall contain the following information for that dwelling unit and such other information as the Building Commissioner may require: street address, floor and apartment number, names of occupants and relationship to each other, if any type of tenancy, gross floor area, and number of parking spaces available for that dwelling unit. The registration statement shall be signed by the owner under the penalty of perjury. In the event that no registration statement is filed as required herein for any dwelling unit, it shall be presumed that on December 5, 1968, no nonconforming rights existed with respect to the occupancy of such dwelling unit by unrelated persons or parking requirements therefore.
There shall be a Board of Appeals to consist of three members and five associate members to be appointed by the Select Board. The terms of office for the members shall be three years and so arranged that the term of one member shall expire each year. The terms of office for the associate members shall be three years with staggered terms. A vacancy in any office shall be filled for the unexpired term in the same manner as in the case of an original appointment. The Board of Appeals shall have all of the powers and duties given to it by law, including the provisions in The Zoning Act, General Laws, Chapter 40A, as amended.
1. 
Upon any well-founded information that this By-law is being violated, or upon their own initiative, the Building Commissioner shall take the appropriate immediate steps to enforce this By-law.
2. 
In accordance with the statutory provisions for enforcement, whoever violates any provision of this By-law shall be punished by a fine not exceeding $300.00 for each offense, and each day that such violation continues shall constitute a separate offense.
3. 
As an alternative to the provisions of paragraph 2. above, the Building Commissioner or their agents may issue non-criminal citations for violations of the Zoning By-law or approvals granted thereunder, pursuant to Article 10.1 of the Town By-laws.
The Board of Appeals may grant a special permit after public notice and hearing in such cases as are specified in this By-law, subject to the requirements and procedures set forth in §§ 9.04, 9.05, 9.08 and 9.10.
An applicant shall follow the following procedures when filing an application for a special permit.
1. 
Plan Review for Determination of Compliance with the Zoning By-Law
The applicant shall first submit plans to the Building Commissioner, who shall advise the applicant in writing as to whether the plans comply or do not comply with the Zoning By-Law. The application for Plan Review, including all associated plans, drawings and documents, shall be in a form specified by the Building Commissioner.
A written determination of non compliance, hereinafter referred to as the "Denial Letter", shall identify the following:
a. 
All plans, drawings and documents submitted by the applicant that provided the basis for the review and determination by the Building Commissioner; and
b. 
Each section of the Zoning By-Law that the plans do not comply with and which will require a special permit from the Board of Appeals.
The Building Commissioner shall issue the Denial Letter within thirty (30) days after the application for Plan Review is complete. Copies of the Denial Letter shall be submitted to the Town Clerk, Planning Board and Zoning Administrator as part of the application for a special permit.
2. 
Compliance with Prior Decisions and Conditions of the Board of Appeals
As part of the Plan Review procedure, defined by § 9.04 1., the Building Commissioner, in consultation with the Zoning Administrator, shall determine whether the applicant's plans are in compliance with any applicable decision and corresponding conditions previously issued by the Board of Appeals. The Denial Letter shall note whether or not the subject property is in compliance with any prior decision of the Board of Appeals.
3. 
Special Permit Application to Town Clerk
Four copies of each application for a Special Permit shall be submitted to the Town Clerk. The application shall be filed in a form approved by the Board of Appeals and as specified by the Board's Rules and Regulations adopted pursuant to Chapter 40A § 12.
4. 
Determination of Complete Application
Prior to scheduling a hearing before the Board of Appeals, the Town Clerk shall submit one copy of the application to the Zoning Administrator who shall determine whether or not the application is complete. Within fourteen (14) days of receiving the application, the Zoning Administrator shall send a letter with a copy to the Town Clerk notifying the applicant that their application is complete or what additional information is required to complete the application. If the Zoning Administrator does not issue a letter within the fourteen day period, the application shall be deemed complete and the Town Clerk shall then proceed to schedule a hearing before the Board of Appeals. Applicants are encouraged to meet with the Zoning Administrator prior to filing with the Town Clerk to review the Rules and Regulations of the Board of Appeals that pertain to applications for Special Permits and to obtain a preliminary determination that all of the necessary information is contained in the application.
Once the Zoning Administrator determines that the application is complete or the fourteen day period has expired, whichever occurs first, the Town Clerk shall maintain a copy and forward copies to the Planning Board and the Building Commissioner with the Zoning Administrator's determination, if any.
5. 
Planning Board Advisory Report
The Planning Board shall, within twenty (20) days of the date an application has been determined complete, submit an advisory report to the applicant and Board of Appeals after holding a public meeting. The advisory report, which shall be accompanied by appropriate plans, drawings, and other supporting documents, will provide a recommendation and proposed conditions as warranted.
6. 
Time Extension for Completion of Planning Board Advisory Report
An applicant may submit a written request to the Planning Board to extend the 20 day period for filing the advisory report with the Board of Appeals. The Planning Board, following consideration of the request at a public meeting noticed pursuant to § 9.08, may grant such a request and provide written notice of such action to the applicant, Board of Appeals, Town Clerk, Building Commissioner and Zoning Administrator.
7. 
Board of Appeals Decision
The Board of Appeals shall not render a decision on an application for a special permit until the advisory report from the Planning Board has been received and considered or until the 20 day period, or any extension requested by an applicant and granted by the Planning Board for this period, has expired and after the Board of Appeals has held a public hearing.
The applicant may also submit a written request to the Board of Appeals requesting an extension of time or postponement of the public hearing on the application for a special permit. If the request is made after the legal notice for the hearing is published, the Board of Appeals shall consider such a request at a public meeting noticed pursuant to § 9.08. The Board may also seek a report from the Zoning Administrator regarding the requested extension or postponement. The Zoning Administrator shall provide written notice of the Board of Appeal's decision on the request to the applicant, with copies to the Planning Board, Town Clerk and Building Commissioner.
1. 
The Board of Appeals shall not approve any such application for a special permit unless it finds that in its judgment all of the following conditions are met:
a. 
The specific site is an appropriate location for such a use, structure, or condition.
b. 
The use as developed will not adversely affect the neighborhood.
c. 
There will be no nuisance or serious hazard to vehicles or pedestrians.
d. 
Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
e. 
The development as proposed will not have a significant adverse effect on the supply of housing available for low and moderate income people.
2. 
In approving a special permit, the Board of Appeals may attach such conditions and safeguards as are deemed necessary to protect the neighborhood, such as but not limited to the following:
a. 
Requirement of front, side or rear yards greater than the minimum required by this By-law.
b. 
Requirement of screening of parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other devices, as specified by the Board of Appeals.
c. 
Modification of the exterior features or appearances of the structure.
d. 
Retention, replacement or planting of trees, including public shade trees as defined by Massachusetts General Law Chapter 87, and other landscape and natural features.
e. 
Limitation of size, number of occupants, method or time of operation, or extent of facilities.
f. 
Regulation of number, design, and location of access drives or other traffic features.
g. 
Requirement of off-street parking or other special features beyond the minimum required by this or other applicable By-laws.
h. 
Requirements related to the construction phase of a project to mitigate potential adverse impacts to the neighborhood, which may include:
i. 
detailed construction mitigation performance standards such as construction-related parking or standards, and requirements for safe pedestrian and bicycle passage;
ii. 
details and frequency of communication from the applicant's construction liaison to certain abutters and/or the neighborhood generally;
iii. 
an applicant-hosted webpage to include: links to approved plans, conditions, and other related documents approved by the Town; periodic construction updates; current construction contact's name, email, and phone number; the name, email, and phone number of any required third-party construction liaison; and a Town-provided construction guide of current enforcement agency contacts;
iv. 
required on-site signage including a website for construction-related questions or concerns as well as an emergency phone number contact; and/or
v. 
a third-party construction liaison directed by the Building Commissioner and paid for by the applicant, whose role will include but not be limited to: on-site presence in support of the Town's enforcement agencies at a frequency recommended by the Building Commissioner, referring complaints to the appropriate Department, tracking resolution of such complaints as a public record, and convening monthly meetings with neighbors to hear feedback and/or concerns with the project and update them of upcoming work. In addition, the construction liaison will identify a community liaison (within 30 days of when any construction activity is to commence) to whom they will provide twice-monthly project status updates and look-aheads regarding construction activities. The community liaison shall be a Town Meeting Member in the impacted precinct and/or resident living within 1/4 mile radius of the project.
If the Board of Appeals exercises its authority to attach conditions and safeguards which require expert review or approval by an administrative body or official, it shall appoint in its decision a Designated Authority as described in § 9.00, paragraph 3.
A special permit or variance shall become invalid unless the work or action authorized under it shall commence within one year after the Board of Appeals has granted such special permit or variance and thereafter shall proceed in good faith continuously to completion so far as is reasonably practicable under the circumstances.
The Board of Appeals, upon written application and after due notice and a public hearing as provided by statute, may grant a time extension not to exceed six months for a variance, and not to exceed one year for a special permit. Time extension requests shall not require an advisory report from the Planning Board.
At least seven days before any public hearing on an application for a variance, a special permit, or an extension of time pursuant to § 9.07, the Board of Appeals shall mail or deliver a notice of such hearing, with a description of such application or a copy thereof, to each elected Town Meeting Member for the precinct in which the property is located and to those Town Meeting Members within all immediately adjoining precincts. At least seven days before any Planning Board Meeting, whether preliminary or final, on an actual or future application for a variance, special permit, or extension of time, the Planning Board shall mail or deliver a notice of such meeting to the applicants, to residents and tenants of the subject property, to immediate abutters to the subject property, to tenants and residents of the immediate abutters' property, and to each elected Town Meeting Member for the precinct in which the subject property is located, to Town Meeting members within all immediately adjoining precincts, to all neighborhood associations registered with the Planning and Community Development Department and to all those specified on the Planning Board interoffice and distribution lists which may be amended from time to time. Notice to Town Meeting Members shall be in accordance with the names and addresses in the records of the Town Clerk.
1. 
The Board of Appeals may grant a use variance, provided statutory variance requirements are met, only on a lot that conforms to one or more of the following conditions:
a. 
Expiration of the time limit specified for a previously granted use variance.
b. 
Existence prior to January 1, 1977, of uses of the same general classification as the use variance applied for, on lots adjoining the lot in question on both sides, or, if the lot in question is a corner lot, on both the side and the rear.
c. 
Existence on an adjoining lot of a use of such nuisance characteristics as to render unreasonable any conforming use of the lot in question.
d. 
Existence on the lot in question of a structure(s) of appearance compatible with its vicinity which is either of historical or architectural significance which shall be preserved or restored in a manner sufficient to justify the relief granted herein, and/or contains gross floor area excessive for the use permitted in the district wherein the structure is located, and which can reasonably be maintained as a visual and taxable asset only if a nonconformity of use is permitted. A special permit under § 5.09 shall be required in conjunction with every variance request pursuant to this subparagraph.
2. 
A use variance may be granted only if the Board of Appeals makes all of the findings required by statute for a variance, and further subject to all of the following limitations:
a. 
The extent of the use nonconformity as to floor space, bulk, number of occupants or other relevant measure shall be no greater than the minimum necessary to provide relief from the statutory hardship.
b. 
If the use is authorized under paragraph 1, subparagraphs a or b of this section by the prior existence of adjoining nonconformities or incompatibilities, then the use nonconformity on the lot in question shall be permitted no further from such prior adjoining conditions than the width of the lot or 100 feet, whichever is less;
No public hearing shall be held on an application for a variance, a special permit, or an extension of time pursuant to § 9.07 earlier than 7:00 p.m.
1. 
A project plan application for an educational use in a residence district shall be filed for any proposed development, which is an outdoor structure, exterior alteration, or addition, greater than 10,000 square feet, or any project which the Planning Director and Building Commissioner determine shall have major impacts on the surrounding neighborhood. The application shall be filed with the Planning Director at least forty-five (45) days prior to the application for a building permit. Such application shall consist of ten (10) sets of a written explanation of the project and plan(s) prepared, as appropriate, by an architect, landscape architect, professional engineer or land surveyor. Site plan(s) shall be drawn at a minimum scale of 1" equal 20'. In an initial meeting with the Planning Director, it shall be determined which of the following should reasonably be required for submission given the scope of the project.
a. 
Evidence of the applicant's nonprofit educational status, except if a child care facility;
b. 
Boundaries, dimensions and area of the subject lot(s);
c. 
Use of the existing building or structures on the subject lot(s);
d. 
Existing and proposed topography of the subject lot(s) at two (2) foot intervals;
e. 
Existing and proposed easements and existing and proposed wetlands and watercourses, if any;
f. 
All existing and proposed buildings, structures, parking lots, maneuvering aisles, driveways, driveway openings, pedestrian walks, loading areas, pick-up and drop-off areas, and natural areas and landscaping on the subject lot(s) with the dimensions thereof;
g. 
Vehicular and pedestrian circulation both within the site and in relation to adjacent streets, properties and proposed project, and a traffic study, in accordance with § 5.09, to evaluate safety impacts if the Planning Director determines in their reasonable judgment that a significant traffic impact will result;
h. 
All facilities for sewage, refuse and other waste disposal, for surface water, drainage, utilities, and proposed screening, associated with the proposed development;
i. 
All landscaping, including fencing, walls, planting areas, signs, exterior storage, and lighting associated with the proposed development;
j. 
Facade elevations, floor plans and roof top utilities for any proposed new construction and/or alteration to the existing building or structure.
2. 
At the time the applicant files an application, the Planning Director shall give written notice of said filing to Town Meeting members in the precinct in which the proposed project is located and to immediate abutters of the property, and tenants and residents of the immediate abutters' property. The applicant shall give all reasonable assistance to the Planning Director in their review of the site plan, including, but not limited to, attendance of at least one meeting called by the Planning Director.
3. 
The Planning Director, upon receipt of the application, shall forthwith transmit a copy to the Building Department, Public Works, Transportation Division, Preservation and Conservation Commissions, and Fire and Police Chiefs. These departments shall respond with their comments and recommendations to the Planning Director within twenty-one (21) day period thereof. Upon the receipt of any responses by the above-mentioned departments, and/or, upon the expiration of said twenty-one (21) day period, the Planning Director shall review said submittal for completeness and the proposed project for compliance with the dimensional and parking requirements in the Zoning By-law. Further, the Director may consider the application in light of the criteria set forth below:
a. 
Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent streets, properties or improvements, including regulation of the number, design and location of access driveways and the location and design of handicapped parking. The sharing of access driveways by adjoining sites is to be encouraged wherever feasible;
b. 
Adequacy of the methods for disposal of sewage, refuse and other wastes and of the methods of regulating surface water drainage;
c. 
Provision for off-street loading and unloading of vehicles incidental to the servicing of the buildings and related uses on the site;
d. 
Screening of parking areas and structure(s) on the site from adjoining premises or from the street by walls, fences, plantings or other means;
e. 
Wherever feasible, major topographical changes and tree and soil removal shall be minimized, and any topographic changes shall be in keeping with the appearance of the neighboring developed areas;
f. 
Location of utility service lines underground wherever possible. Consideration of the site design, including the location and configuration of structures and the relationship of the site's structures to nearby structures in terms of major design elements including scale, materials, color, roof and cornice lines;
g. 
Avoidance of the removal of disruption of historical resources on or off-site. Historical resources include designated historical structures or sites, historical architectural elements or archaeological sites.
4. 
After said review the Planning Director may make recommendations to the applicant for changes in the site plan, which changes shall be consistent with accepted and responsible planning principles. Upon completion of the review process, the Director shall indicate, in writing, to the Building Commissioner that there has been compliance by the applicant with the procedural requirements as stated above and whether in their opinion, the applicant has complied with the Zoning By-law. This statement shall be made within forty-five (45) days after receipt of the site plan application. If no such statement is received by the Building Commissioner within the above-stated time period, they shall accept an application for a building permit without receipt of such statement. If the applicant does not apply for a building permit within one (1) year from the date of the original site plan application to the Planning Director, the applicant must refile under the procedures set forth above.
1. 
Prior to the issuance of a building permit from the Building Department, an applicant shall submit to the following departments — Planning and Community Development, Building, Transportation, Public Health, and Parks and Open Space — a description of the number of children and employees; operating hours, location of outdoor play activities (whether on-site or at a public playground); employee and drop-off/pick-up parking, and if requested, a site plan showing the location of outdoor play space and parking.
2. 
After review, the departments above may submit to the applicant, with copies to the Planning and Community Development Department, written recommendations for suggested improvements to the proposal, especially to improve safety and/or mitigate any negative impacts to the surrounding area.
3. 
Within 14 business days of receipt of the required information, the Planning Director, or designee, shall indicate in writing to the Building Commissioner that the procedural requirements, as stated above, have been met. If within the above stated time period, such statement is not received by the Building Commissioner, a building permit may be issued if all other applicable regulations have been met.
4. 
For Harvard Street Main Street Corridor districts (H-MS, H-M-SO, H-MST, and H-MSN), Article XI supersedes this Section in its entirety.
To the extent practicable, using the Town's available data, the following apply:
A. 
There shall be no discrimination on the basis of property ownership in the manner or timing of information provided to residents and tenants.
B. 
Where notice is required to be mailed to abutters, such notice shall be mailed to the owner of the abutting property, to tenants and residents of each unit on the abutting property, and to tenants and residents of the subject property. Providing this notice shall be the ultimate responsibility of the individual or entity legally responsible for notifying abutters.
C. 
Urgent notices. Where emergency repairs preclude the mailing of notice, or in addition to mailing, neighborhood notices must be posted on the doors of each unit. Where multiple units are accessed via a secured entrance, notices posted securely on the two main entrances to each building AND slipped under the door, where possible, may serve as notice to all interior units.
D. 
In determining which residents are notified, notice to non-owner tenants or residents should be addressed to either (a) the name of the occupant, followed by "OR CURRENT RESIDENT," or (b) "Current Resident" unless occupant is known with certainty. Where notice is to be mailed to each active U.S. Postal Service ("USPS") delivery address on a city carrier route in conformance with USPS "Government Mailer" standards, the following may be used:
"Postal Customer" (delivery desired at all addresses).
"Residential Customer" (delivery desired at residential addresses only).
"Business Customer" (delivery desired at business addresses only).
1) 
Applicability.
Where Site Plan Review is required, an application for Site Plan Review shall be reviewed and approved by the Planning Board for consistency with the purpose and intent of the Section(s) that require Site Plan Review, prior to the issuance of a Building Permit.
2) 
Submission Requirements.
As part of any application for Site Plan Review for a Project, the Applicant must submit the following documents to the Planning Board, all of which except for the fee must be submitted digitally:
a. 
Application and fee for Site Plan Review.
b. 
Site plans that show the position of the existing and proposed Buildings on the site, points of vehicular access to and from the site and vehicular circulation on the site, a construction management plan, existing and proposed grades, stormwater management, existing and proposed utilities; other information relating to erosion control, tree protection, and waste management if regulated in the General By-Law; tree canopy boundary and calculated area for any tree proposed to be retained or planted; and proposed landscape plans including any fencing or other screening of adjacent properties, species and varieties, and planting sizes, and estimated tree canopy calculated size and boundary at maturity.
c. 
Elevations of the Building(s) including materials and at least one perspective image from the ground of the nearest public way showing the architectural design and siting of the building and abutting properties' buildings. Elevations should also show elements in the right-of-way (streetscape) and adjacent buildings.
d. 
All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals forty feet (1"=40') or larger.
e. 
Narrative of compliance with the applicable design or development standards of the Section or Sections requiring Site Plan Review as well as Section 9.13(4)b below.
3) 
Timeline and Process.
Within 30 days of the Department of Planning and Community Development determining that all Site Plan Review materials are complete and fees have been submitted, the Planning Board will hold its first Site Plan Review meeting and shall be completed expeditiously. The first Site Plan Review meeting will take written and verbal public comment. The Department shall notice by mail to abutters within 300' of the Lot and to any Town Meeting Members in the same Precinct, two weeks prior to the first Site Plan Review meeting. The Department of Planning and Community Development and/or the Planning Board may, when appropriate, seek the input of other municipal boards or officials. In general, Site Plan Review should be completed no more than six months after the submission of the application, unless the applicant chooses to extend the time period.
4) 
Site Plan Approval.
Site Plan Approval shall be granted upon determination by the Planning Board that the following conditions have been satisfied. The Planning Board may impose reasonable conditions prior to the applicant receiving a Building Permit or Certificate of Occupancy, at the expense of the applicant, to ensure that these conditions have been satisfied.
a. 
the Applicant has submitted the required fees and information as set forth in Brookline's Building Permit, Site Plan Review, and any applicable reviews by the Department of Public Works; and
b. 
Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage that demonstrates compliance of the construction activities and the proposed project with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, and, if applicable, additional requirements under the Brookline MS4 Permit for projects that disturb more than one acre and discharge to Brookline's municipal stormwater system; and
c. 
the project as described in the application meets the applicable design and development standards of the Section or Sections requiring Site Plan Review.
5) 
Project Phasing.
An Applicant may propose, in a Site Plan Review submission, that a project be developed in phases subject to the approval of the Site Plan Review Authority, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase. However, no project may be phased solely to avoid the provisions of Section 4.08, Affordability Requirements.
6) 
Severability.[1]
If any provision of this Section 9.13 is found to be invalid by a court of competent jurisdiction, the remainder of Section 9.13 shall not be affected but shall remain in full force. The invalidity of any provision of this Section 9.13 shall not affect the validity of the remainder of the Brookline Zoning By-Law.
[1]
Editor's Note: In this Subsection 6), "Section 9.13" should be read as "Section 9.13A."
1. 
Purpose
The Town of Brookline is committed to upholding the rights of individuals with disabilities as guaranteed under the Fair Housing Act (FHA), 42 U.S.C. § 3601 et seq., the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., the Massachusetts Anti-Discrimination Law, G.L. c. 151B, § 4, and the Massachusetts Zoning Act, G.L. c. 40A, § 3 (collectively, “Fair Housing Laws”).
These Fair Housing Laws require public entities to make reasonable accommodations in their land use and zoning regulations and practices to individuals with disabilities unless doing so would impose an undue financial or administrative burden on the municipality or fundamentally alter the nature of the service, program, or activity, as defined under 42 U.S.C. § 12112(b)(5)(A) and 28 C.F.R. § 35.130(b)(7)(i). They also require an interactive process in which individuals with disabilities engage in a collaborative dialogue with public entities to identify and evaluate effective accommodations.
The purpose of this section is to establish a distinct, timely, and equitable process for reviewing reasonable accommodation requests under Fair Housing Laws. This section ensures that such requests are handled efficiently, with respect for privacy, and without requiring public hearings or undue scrutiny.
2. 
Definitions
As used in this section, the following terms have the following meanings:
a. 
Accommodation: Any modification or adjustment to the requirements of this Bylaw that provides an individual with a disability an equal opportunity to use and enjoy their property.
b. 
Reasonable: An accommodation is considered reasonable unless it: (1) imposes an undue financial or administrative burden on the municipality, as defined in 42 U.S.C. § 12112(b)(5)(A); or (2) fundamentally alters the nature of the zoning or permitting program, as defined in 28 C.F.R. § 35.130(b)(7)(i).
c. 
Necessary: An accommodation is considered necessary if it directly alleviates a barrier preventing an individual with a disability from enjoying or using their property on an equal basis with others, as supported by 28 C.F.R. § 35.130(b)(7)(i).
d. 
Disability: Defined as per the Americans with Disabilities Act, 42 U.S.C. § 12102, and G.L. c. 151B, § 1.
3. 
Notice to the Public of Availability of Accommodation Process
Notice of the availability of a reasonable accommodation shall be prominently displayed at public information counters in the planning and building departments of the Town, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodations shall be available to the public on the Town’s Building Department website and in the Building Department.
4. 
Submission of Requests
Any person with a disability may request a reasonable accommodation from the requirements of this Bylaw, when the application of this Bylaw acts as a barrier to fair housing opportunities. Such a request may be made by the individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities.
The request for a reasonable accommodation with respect to housing shall be filed with the Building Commissioner in writing and may be submitted in person, by mail, or electronically. The request shall provide the following information:
a. 
Name and address of the individual(s) or agent requesting the reasonable accommodation;
b. 
Address of the property for which accommodation is requested, and name(s) of the property owner(s) of that property;
c. 
Description of the requested accommodation and the section(s) of the Bylaw for which relief is sought (if known); and
d. 
Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
If an individual needs assistance in making the request for reasonable accommodation, the Building Department will provide assistance to ensure that the process is accessible.
5. 
Reviewing Authority.
a. 
The Building Commissioner shall review requests for reasonable accommodation and shall issue a written decision on a request within thirty (30) days of the application. The Building Commissioner may grant, grant with modification, or deny the request for reasonable accommodation, and shall explain the basis of their decision in detail, based on the criteria in Section 7.
b. 
The Building Commissioner shall initiate and engage in an interactive process with the applicant forthwith upon receipt of a request for reasonable accommodation. This process shall involve a timely, good-faith dialogue to identify the barriers at issue, explore possible accommodations, and consider the applicant's input regarding necessity and effectiveness, consistent with federal and state disability law.
c. 
Upon receipt of the application, the Building Commissioner shall review the application forthwith to determine whether comments from any Town Boards, Commissions, or Departments would assist in reviewing the application. Upon determining that input from such Board, Commission, or Department would be directly relevant to assessing whether the requested accommodation constitutes an undue burden or fundamental alteration, the Building Commissioner shall transmit the application to that Board, Commission, or Department. If the proposed accommodation would require demolition as defined in Town By-Law Article 5.3, the Building Commissioner shall transmit the application to the Preservation Commission. However, the Building Commissioner shall not transmit application materials to any department if those materials are not pertinent to that department's review of the application. Each department receiving the application shall provide any comments and recommendations to the Building Commissioner within twenty-one (21) days. Such comments and recommendations shall be limited to the criteria set forth in Sections 7c and 7d.
d. 
If necessary to reach a determination on the request for reasonable accommodation, the Building Commissioner may request additional information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.
e. 
Before granting a request with a modification, the Building Commissioner shall notify the applicant of the contemplated modification and rationale and provide the applicant an opportunity to respond, at the applicant's election, in writing or in a meeting. If the Building Commissioner grants a request with a modification over the applicant's objection, the Building Commissioner's written decision shall address the applicant's objection. If the Building Commissioner notifies the applicant of a potential modification, the thirty (30) day period to issue a decision is stayed until the applicant has responded pursuant to this section.
f. 
The thirty (30) day period to issue a decision may be stayed at any time by written request of the applicant.
g. 
The Building Commissioner’s decision shall be made within thirty (30) days after receipt of the written request (unless extended as described above). If no decision is issued by the Building Commissioner within the above-stated time period, the request shall be deemed granted.
6. 
Confidentiality
The Building Commissioner and each department and individual identified in Section 5, as well as every other individual or department in the Town, shall maintain information submitted in support of a request for a reasonable accommodation as confidential to the greatest extent permitted under Federal law and the Public Records Law and such information shall not be made available for public inspection.
7. 
Required Findings
The written decision to grant, grant with modification, or deny the request for reasonable accommodation shall be consistent with Fair Housing Laws and shall be based on the following criteria:
a. 
Whether the housing, which is the subject of the request for reasonable accommodation, will be used by a person with a disability protected under fair housing laws;
Whether the requested accommodation is necessary to make the use of a dwelling available to an individual with disabilities protected under fair housing laws;
a. Whether the requested accommodation would impose an undue financial or administrative burden on the Town;
b. 
Whether the requested accommodation would require a fundamental alteration in the nature of the Town’s land use and zoning or building program; and
c. 
Whether the requested accommodation is necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling, or to access, occupy, or utilize property, consistent with federal and state disability laws.
8. 
Appeals
a. 
The applicant may appeal a decision to deny a request or grant the request with modifications pursuant to G.L. c. 40A, § 8. The Zoning Board of Appeals will consider such appeal as expeditiously as possible.
b. 
If an applicant needs assistance in filing an appeal on an adverse decision, the Zoning Board of Appeals will provide assistance to ensure that the appeals process is accessible.
c. 
A decision to grant a request shall not be appealable prior to the issuance of a building permit.
9. 
If the applicant does not apply for a building permit within one (1) year from the date of the original reasonable accommodation application to the Building Commissioner, and thereafter applies for a building permit, the Building Commissioner may review the status of the accommodation in light of any changed circumstances. If there is a material change in the underlying facts supporting the original accommodation, the Building Commissioner may require the applicant to refile under the procedures set forth above. If for any reason the thirty (30) day period to issue a decision is stayed, this one (1) year period is stayed to the same extent.
10. 
Emergency Requests
If an applicant requires a reasonable accommodation on an emergency basis, they may request expedited processing. The Building Commissioner shall evaluate the urgency of the request and, if the Building Commissioner agrees an emergency exists, he or she shall render a determination on the reasonable accommodation request within seven (7) days. If the Building Commissioner intends to decide a reasonable accommodation request on an emergency basis, they shall inform any department that received the application pursuant to Section 5(d) above of that decision and the date on which they intend to decide the request.