Town of Chelmsford, MA Article XIX Administration and Enforcement

§ 195-99 Inspector of Buildings.

This chapter shall be administered by the Inspector of Buildings. Pursuant to the State Building Code, the Inspector of Buildings may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the commonwealth. Buildings, structures or signs may not be erected, substantially altered, moved or changed in use and land may not be substantially altered or changed in principal use without written certification by the Inspector of Buildings that such action is in compliance with then-applicable zoning and that all necessary permits have been received under federal, state or local law. Issuance of a building permit or certificate of use and occupancy, where required under the commonwealth's State Building Code, may serve as such certification.

§ 195-100 Enforcement.

[Amended 6-17-2021 ATM by Art. 30]

The Inspector of Buildings shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this chapter and of permits and variances issued thereunder, including notification of noncompliance and request for legal action through the Select Board or Town Manager to Town Counsel or action pursuant to Chapter 1, General Provisions, § 1-2, allowing noncriminal disposition of violations.

§ 195-101 Violations and penalties.

A. The penalty for violation of any provision of this chapter, of any of the conditions under which a permit is issued or of any decision rendered by the Board of Appeals shall be $300 for each offense. Each day that each violation continues shall constitute a separate offense.

B. Noncriminal disposition. In addition to the procedure for enforcement as described in Subsection A above, the provisions of this chapter may also be enforced by the Inspector of Buildings by noncriminal disposition as provided in MGL c. 40, § 21D. The penalty for such violation shall be $25 for the first offense, $50 for the second offense, $100 for the third offense and $200 for the fourth and each subsequent offense.

[Added 10-21-1999 ATM by Art. 29]

§ 195-102 Board of Appeals.

A. Establishment. The Board of Appeals shall consist of five members and three associate members who shall be appointed by the Town Manager.

B. Powers. The Board of Appeals shall have and exercise all the powers granted to it by MGL c. 40A, 40B and 41 and by this chapter. 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 § 195-103, or as otherwise specified.

(2) To hear and decide appeals or petitions for variances from the terms of this chapter, with respect to particular land or structures, as set forth in MGL c. 40A, § 10. The Board of Appeals shall not grant use variances. Procedural requirements for variances shall follow § 195-103C.

[Amended 10-21-1999 ATM by Art. 29]

(3) To hear and decide appeals taken by any person aggrieved by reason of his or her inability to obtain a permit or enforcement action from any administrative officer under the provisions of MGL c. 40A, §§ 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 MGL c. 40B, §§ 20 to 23.

§ 195-103 Special permits.

[Amended 10-21-1999 ATM by Art. 29]

A. Special permit granting authority. Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.

B. Criteria. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to 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 chapter, the determination shall include consideration of each of the following:

(1) Social, economic or 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) Neighborhood character and social structures;

(5) Impacts on the natural environment; and

(6) Potential fiscal impact, including impact on Town services, tax base and employment.

C. Procedures. Whenever an application for a special permit is filed with a special permit granting authority, said authority shall distribute copies of the application, accompanying site plan and other documentation to the Board of Health, Conservation Commission, Inspector of Buildings, Director of Public Works, Police Chief, Fire Chief, Sewer Commission, Planning Board/Board of Appeals (whichever is not the special permit granting authority) and applicable water district for their consideration, review and report. The copies necessary to fulfill this requirement shall be furnished by the applicant.

(1) An application shall not be deemed complete until all copies of required information and documentation have been filed with the special permit granting authority.

(2) The special permit granting authority shall notify applicants by registered mail, within 14 days of submittal, of incomplete application status, and the applicant shall have 14 days from the mailing of such notice to complete an application. Failure to complete an application within such time shall be deemed nonsubmittal of the application, without prejudice.

(3) Reports from other boards and officials shall be submitted to the special permit granting authority by the date of the public hearing. Failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto.

(4) The decision/findings of the special permit granting authority shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.

D. Conditions. Special permits may be granted with such reasonable conditions, safeguards or limitations on time or use, including performance guaranties, as the special permit granting authority may deem necessary to serve the purposes of this chapter.

E. Plans. An applicant for a special permit shall submit a plan in substantial conformance with the requirements of § 195-104 herein. The provisions of this Subsection E shall not apply to applications for special permits to reconstruct, extend, alter or structurally change a nonconforming single- or two-family structure. The Board of Appeals may establish procedures governing such applications by regulation.

F. Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within two years following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17 from the grant thereof) with the Town Clerk.

§ 195-104 Site plan review.

A. Applicability. The following types of activities and uses require site plan review by the Planning Board:

(1) Construction, exterior alteration or exterior expansion of, or change of use within, a municipal, institutional, commercial, industrial or multifamily structure involving more than 500 square feet. For the purposes of this section, "change of use" shall mean a change from one principal use listed in the Use Regulation Schedule[1] to another listed use which results in an increase in required parking or invokes the Aquifer Protection District, Article XIV.

[1] Editor's Note: The Use Regulation Schedule is included at the end of this chapter.

(2) Construction or expansion of a parking lot/area for a municipal, institutional, commercial, industrial or multi-family structure or purpose. Any construction or expansion from 500 to 2,500 square feet shall be a minor site plan, per § 195-104G of this chapter. Any construction or expansion under 500 square feet shall be an administrative approval from the Community Development Director or the Board's authorized designee.

[Amended 4-25-2005 ATM by Art. 25; 4-28-2008 ATM by Art. 21]

(3) Grading or clearing more than 10% of a lot, except for the following: landscaping on a lot with an existing structure or a proposed single- or two-family dwelling; clearing necessary for percolation and other site tests; work incidental to agricultural activity; work in conjunction with an approved subdivision plan; or work pursuant to an earth removal permit.

(4) Construction or exterior expansion of a single- or two-family structure that will result in habitable space of more than 4,000 square feet on a lot which held a single- or two-family structure within the past two years. Construction which does not increase the floor area shall not be subject to the provisions of this section.

(5) Establishment of any commercial or industrial use that is not located principally within a permanent structure, regardless of size, and which is operated for a duration greater than eight consecutive weeks. This provision shall not be applicable to temporary on-site structures, such as a trailer, that are incidental to the construction of an approved development and /or public works project

[Added 10-17-2011 ATM by Art. 21]

B. Exemptions. A building wholly or partially destroyed may be rebuilt without recourse to this section if rebuilt without change to the building footprint or the square footage of usable space.

C. Procedures.

(1) Use, structure or activity available as of right.

(a) An application for a building permit to perform work as set forth in Subsection A available as of right shall be accompanied by an approved site plan. Prior to the commencement of any activity set forth in Subsection A available as of right, the project proponent shall obtain site plan approval from the Planning Board. Applicants for site plan approval shall submit 12 full-size sets and eight reduced-size sets of the site plan to the Planning Board for review. The Planning Board shall publish a legal notice no less than five days before the public hearing and shall notify all abutters and abutters to abutters within 300 feet.

[Amended 10-21-1999 ATM by Art. 29]

(b) The Planning Board shall review and act upon the site plan, with such conditions as may be deemed appropriate, within 60 days of its receipt and notify the applicant of its decision. The decision of the Planning Board shall be upon a majority of those present and shall be in writing. No building permit shall be issued by the Inspector of Buildings without the written approval of the site plan by the Planning Board or unless 60 days lapse from the date of the submittal of the site plan without action by the Planning Board.

(2) Use or structure available by special permit or variance.

(a) An application for a special permit or a variance to perform work as set forth in Subsection A shall be accompanied by an approved site plan. Applicants for site plan approval shall submit 12 full-size sets and eight reduced-size sets of the site plan to the Planning Board for review. The Planning Board shall publish a legal notice no less than five days before the public hearing and shall notify all abutters and abutters to abutters within 300 feet.

(b) The Planning Board shall review and act upon the site plan, with such conditions as may be deemed appropriate, within 60 days of its receipt and notify the applicant of its decision. The decision of the Planning Board shall be upon a majority of those present and shall be in writing. No application for special permit or variance shall be filed with the Board of Appeals until the Planning Board's site plan public hearing has been opened or unless 60 days lapse from the date of the submittal of the site plan without action by the Planning Board, unless the Planning Board extends the sixty-day review period. Where the Planning Board approves a site plan with conditions and said site plan accompanies a special permit or variance application to the Board of Appeals, the conditions imposed by the Planning Board shall be incorporated into the issuance, if any, of a special permit or variance by the Board of Appeals.

[Amended 10-21-1999 ATM by Art. 29]

(3) Where the Planning Board serves as the special permit granting authority, it shall consolidate its site plan review and special permit procedures. Applicants must meet the submission requirements of Subsection C(2)(a).

(4) An application for site plan approval shall be accompanied by a fee, as set forth in the Planning Board's rules and regulations.

(5) The applicant may request, and the Planning Board may grant by majority vote, an extension of the time limits set forth herein. A copy of the extension shall be provided to the Board of Appeals.

(6) No deviation from an approved site plan shall be permitted without modification thereof.

D. Preparation of plans. Site plans shall be submitted on twenty-four-inch by thirty-six-inch sheets. Plans shall be prepared by a registered professional engineer, registered land surveyor, architect or landscape architect, as appropriate. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. All plans shall have a minimum scale of one inch equals 20 feet.

E. Contents of plan. The contents of the site plan are as follows:

(1) Five separate plans prepared at a scale of one inch equals 20 feet or such other scale as may be approved by the Planning Board. The plans are as follows:

(a) Site layout, which shall contain the boundaries of the lot(s) in the proposed development, proposed structures, drives, parking, fences, walls, walks, outdoor lighting, loading facilities and areas for snow storage after plowing. The first sheet in this plan shall be a locus plan, at a scale of one inch equals 100 feet, showing the entire project and its relation to existing areas, buildings and roads for a distance of 1,000 feet from the project boundaries or such other distance as may be approved or required by the Planning Board.

(b) Topography and drainage plan, which shall contain the existing and proposed final topography at two-foot intervals and plans for handling stormwater drainage.

(c) Utility and landscaping plan, which shall include all facilities for refuse and sewage disposal or storage of all wastes, the location of all hydrants, fire alarm and fire-fighting facilities on and adjacent to the site, all proposed recreational facilities and open space areas and all wetlands, including floodplain areas or resource protection areas subject to protection by the Wetlands Protection Act.[2]

[2] Editor's Note: See MGL c. 131, §§ 40 and 40A.

(d) Architectural plan, which shall include all floor plans and architectural elevations of all proposed buildings and a color rendering.

(e) Landscaping plan, showing the limits of work, existing tree lines and all proposed landscape features and improvements, including screening and planting areas with size and type of stock for each shrub or tree and including proposed erosion control measures.

(2) The site plan shall be accompanied by a written statement indicating the estimated time required to complete the proposed project and any and all phases thereof. There shall be submitted a written estimate showing in detail the costs of all site improvements planned.

(3) A written summary of the contemplated projects shall be submitted with the site plan indicating, where appropriate, the number of dwelling units to be built and the acreage in residential use, the evidence of compliance with parking and off-street loading requirements, the forms of ownership contemplated for the property and a summary of the provisions of any ownership or maintenance thereof, identification of all land that will become common or public land and any other evidence necessary to indicate compliance with this chapter.

(4) The site plan shall be accompanied by drainage calculations stamped by a registered professional engineer. The stormwater system design shall conform to the current Mass Department of Environmental Protection Stormwater Management Standards and Stormwater Handbook. See Section 2.6 of the Planning Board Site Plan and Special Permit Regulations for further criteria. For a full list of design requirements, refer to the Chelmsford DPW Stormwater Management Regulations.

[Amended 10-15-2012 ATM by Art. 19; 10-18-2021 ATM by Art. 27]

(5) The Planning Board may require narrative assessments of the on-site and off-site impacts of the proposed project, including traffic, drainage, noise and other environmental factors. The Planning Board may require that such narrative assessments be prepared by qualified experts.

(6) Certification that the proposal is in full compliance with the provisions, if applicable, of the Americans with Disabilities Act and the Massachusetts Architectural Barriers Board.

(7) Low impact development (LID) site planning and design strategies must be utilized to the maximum extent feasible. These may include but are not limited to reduction of impervious surfaces, disconnection of impervious surfaces, bioretention (rain gardens), and infiltration systems.

[Added 10-18-2021 ATM by Art. 28]

F. Waiver of technical compliance. The Planning Board may, upon written request of the applicant, waive any of the technical requirements of Subsection D where the project involves relatively simple development plans or constitutes a minor site plan.

G. Minor site plan. Applications for permits to build, alter or expand any nonresidential building, structure or use in any district where such construction will exceed a total gross floor area of 500 square feet but not exceed a total gross floor area of 3,000 square feet or will not generate the need for more than 10 parking spaces shall be deemed a minor site plan. For the purposes of computing the total gross floor area of a minor site plan, the Inspector of Buildings shall aggregate all such applications made within the five previous calendar years. Minor site plans shall set forth all of the information required by Subsection D; provided, however, that the scale and contents of the minor site plan may be reduced by the Planning Board. Minor site plans shall be referred to the applicable Town agencies at the discretion of the Planning Board.

[Amended 4-25-2005 ATM by Art. 25]

H. Approval. Site plan approval shall be granted upon determination by the Planning Board that the plan meets the following objectives. The Planning Board may impose reasonable conditions, at the expense of the applicant, including performance guaranties, to promote these objectives. 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 consistent with the functional requirements of the Planning Board's subdivision rules and regulations. New building construction or other site alteration shall be designed in the site plan, after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points and other aspects of the development, so as to:

(1) Minimize the volume of cut and fill, the number of removed trees six-inch caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, soil erosion and threat of air and water pollution.

(2) Maximize pedestrian and vehicular safety both on the site and egressing from it.

(3) Minimize obstruction of scenic views from publicly accessible locations.

(4) Minimize visual intrusion by controlling the visibility of parking, storage or other outdoor service areas viewed from public ways or premises residentially used or zoned.

(5) Minimize glare from headlights and lighting intrusion.

(6) Minimize unreasonable departure from the character, materials and scale of buildings in the vicinity, as viewed from public ways and places.

(7) 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.

(8) Ensure compliance with the provisions of this chapter, including parking and landscaping.

I. 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 Planning Board upon the written request of the applicant.

J. Regulations. The Planning Board may adopt and from time to time amend reasonable regulations for the administration of these site plan guidelines.

§ 195-105 Amendments.

This chapter may from time to time be changed by amendment, addition or repeal by the Town Meeting in the manner provided in MGL c. 40A, § 5 and any amendments thereto.

§ 195-106 Effect on other laws and building permits.

A. Other laws. Where the application of this chapter imposes greater restrictions that those imposed by any other regulations, permits, restrictions, easements, covenants or agreements, the provisions of this chapter shall control.

B. Conformance. Construction or operations under a building permit shall conform to any subsequent amendment of this chapter unless the use or construction is commenced within a period of six months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

§ 195-107 Severability.

The invalidity of any section or provision of this chapter shall not invalidate any other section or provision herein.