This bylaw shall be administered by the Building
Inspector except as otherwise stipulated in this bylaw or in Chapter
40A of the Massachusetts General Laws. Duties of the Building Inspector
under this bylaw shall include the receiving of applications, issuing
building and use permits, inspection of premises, issuing certificates
of occupancy, action on violations, and any other lawful actions necessary
to assure conformance with this bylaw.
A.
It shall be unlawful for any person to erect, construct,
reconstruct, or alter a structure without applying for and receiving
from the Building Inspector a building permit.
B.
Such permits shall be applied for in writing to the
Building Inspector.
(1)
The Building Inspector shall not issue any such permits
unless the plans for the buildings, and the intended use thereof in
all respects fulfill the provisions of this bylaw, except as may have
been specifically permitted otherwise by action of the Board of Appeals,
provided a written copy of the terms governing any such permission
be attached to the application and to the resulting permit issued.
(2)
No building permit shall be issued without the approval
and endorsement of the Water Dept. Sewer Department and/or the Board
of Health, except those permits for which the Water Dept. Sewer Department
and/or the Board of Health have previously notified the Building Inspector
that their approval is not necessary.
(3)
One copy of each such permit issued, including any
conditions or exceptions attached thereto, shall be kept on file in
the office of the Building Inspector; one copy sent to the applicant.
C.
Each application for a permit to build, alter, or
move a building shall be accompanied by three copies of a plot plan
of the proposed development. This plot plan shall be drawn to a usable
scale, normally not smaller than one inch equals 10 feet for small
proposals, or one inch equals 40 feet for large proposals.
(1)
Such plan shall include:
(a)
Location map;
(b)
Actual size and shape of lot and structures,
including foundation elevations;
(c)
Dimensions, areas and location of sewage disposal
systems;
(d)
Abutting streets and ways, including approved
street grades;
(e)
Existing sanitary sewers, storm drains and water
pipes in any street shown;
(f)
Location of existing buildings on adjacent lots;
(g)
Existing conditions and features of the proposed
lot including contours at two-foot intervals;
(h)
Parking, screening, landscaping and other site
elements required under this bylaw;
(i)
Proposed finish grading at two-foot contour
intervals, and all provisions for drainage affecting the site or adjacent
properties; Such other information as the Building Inspector may reasonably
require, including a plan of the entire subdivision in the case of
single-family homes.
(2)
For additions to existing single-family homes, or
for additions to other uses which would be less than 750 square feet
in area, which would not be in any required yard, the Building Inspector
may require only the size and shape of the lot, the existing structure,
and the proposed addition be shown on the plan submitted.
A.
General provisions.
(1)
Except as provided herein, no building construction,
renovation or alteration; excavation or foundation activities; or
change in use shall be initiated unless a site plan is first submitted
and approved by the Planning Board acting as the reviewing authority
and a building permit is issued by the Building Inspector; and no
certificate of occupancy shall be given unless all construction and
conditions conform to the approved site plan.
(2)
The following activities shall not require a site
plan review or approval:
(a)
The construction of or addition to single- and
two-family detached residences and accessory uses to single- and two-family
detached residences, such as: private garage, tool house, garden greenhouse,
swimming pool or other similar use;
(b)
Repairs or improvements to the interior of a
building that do not involve a structural change or enlargement of
the building as determined by the Building Inspector;
(c)
Renovations or alterations to a building exterior which may
include a vertical structural change and/or an extension or enlargement
of the building of not more than 20% of the existing footprint's gross
square area, so long as said change, extension or enlargement does
not violate any height or setback requirements or encroach into any
wetland areas.
[Amended 6-8-2015 ATM
by Art. 25]
(3)
Notwithstanding the provisions of Subsection A(2) above, the Building Inspector shall require a site plan review and approval by the Planning Board if, in his/her judgment, the proposed construction, alteration or change of use will negatively and substantially affect existing traffic circulation, drainage, landscaping, lighting, off-street parking or other elements of the environment.
[Amended 6-8-2015 ATM
by Art. 25]
(4)
Where a small addition (an addition to a principal
building less than 2,000 square feet) to an existing structure is
proposed, the standards established by the bylaw shall be applicable
only to the new addition.
(5)
A public hearing with notification to abutters per
Chapter 40A Section 11 shall be required for all commercial or industrial
site plans that meet or exceed one or more of the following thresholds:
[Amended 4-2-2007 ATM by Art. 11]
B.
Site plan submission requirements are set forth as
follows:
(1)
The plan submitted shall be drawn to a scale of at
least one inch equals 40 feet, and shall be prepared by a registered
professional engineer and/or registered professional land surveyor
as appropriate.
(2)
There shall be submitted at the same scale as the
site plan a professionally surveyed plan of existing site features
including the size of the property; the existing and proposed topography
at two foot contour intervals; general soil types as indicated on
soil maps available from the U.S. Soil Conservation Service; vegetation
cover including accurate locations of wooded areas and major trees,
as well as roads, structures, or other significant features.
(3)
A locus map shall be included to indicate the location
of the property within the Town. This map shall include the zoning
district(s) for the area.
(4)
In order to allow adequate consideration of the surroundings,
a plan of adjacent properties shall be presented at a scale of not
less than one inch equals 100 feet or at the same scale as the site
plan if practical. This plan shall show the general characteristics
of all lands within 300 feet of the proposed site, including structures,
parking areas, driveways, pedestrian ways, and significant natural
features.
(5)
The site plan and any other drawings necessary shall
precisely indicate at least, but not necessarily be limited to, the
following:
(a)
Area of the site.
(b)
Proposed uses of the land.
(c)
Vehicular and pedestrian circulation system,
including pavement widths and rights of way.
(d)
Parking.
(e)
Buffers and all landscaping.
(f)
All proposed structures, including their exact
location, relation to topography, height and bulk.
(g)
Number and type of dwelling units, if any.
(h)
Service access and facilities for all structures
or uses including garbage and trash disposal facilities.
(i)
Location of all existing and proposed utilities
for water supply and sewerage.
(j)
All site drainage including natural courses
and storm drains including drainage calculations.
(k)
The location of all open space including its
intended use, natural trees and foliage to be maintained, specific
new planting by size and location, and the organization or owner intended
to own and maintain same.
(l)
Finish contours of the topography, measures
and structures to minimize soil erosion during construction.
(m)
Significant site appurtenances such as walls,
light poles, and recreation areas.
(n)
Date, true North point, and the name of the
owner and applicant.
(o)
Complete property dimensions, area, setbacks,
zoning, including overlay zoning, and assessors reference.
(p)
Location of property on flood plain maps as
well as the location of all waterbodies, or wetlands on or within
100 feet of the property, if applicable.
(q)
A design for the storm drainage systems prepared
by a registered professional engineer demonstrating that post development
rates do not exceed that pre-development rates.
(r)
Location of all existing and proposed easements.
(s)
Location of all outdoor refuse disposal areas,
which shall be screened.
(t)
Lighting plan showing location, direction, and
intensity of all existing and proposed lighting.
(u)
Location, size, and type of signs.
(v)
Elevation sketches or photographs indicating the proposed exterior
architectural appearance of the building(s).
[Added 5-22-2017 ATM
by Art. 18]
C.
Site plan review and approval.
(1)
The Planning Board, acting as reviewing authority
shall adopt and from time to time amend rules relative to the form,
content, style, number of copies of plans and specifications, and
the procedure for submissions and approval of such application. A
copy of said rules shall be filed in the office of the Town Clerk.
(2)
The reviewing authority shall evaluate each application
on the basis of protecting the health, safety, and welfare of the
prospective occupants, the occupants of neighboring properties, the
provision of adequate services, and to preserve and enhance amenities
of the Town. In addition to compliance with land space and building
space requirements, each application shall provide for:
(a)
Traffic safety and ease of access at street
and highway entrances and exits of driveways, including proper grades,
sight distances, and distances between driveway entrances, exits and
the nearest existing street or highway intersections;
(b)
Safety and adequacy of driveway layout, off-street
loading areas for materials and products, off-street loading sites
for customers, and sufficiency of access for service vehicles and
emergency vehicles;
(c)
Adequacy of pedestrian walks to include maximum
safety and separation from vehicular traffic and to provide access
to nearby open spaces or other pedestrian destinations when possible;
(d)
Safe and adequate means of disposal of sewerage,
garbage and rubbish with visual screening of these facilities when
needed, and safety and adequacy of water supply and distribution;
(e)
Assurance of proper means to handle storm-water
drainage and snow melt runoff from all areas on the site;
(f)
Adequacy of night lighting as appropriate for
safe use of streets, parking areas, and walks.
(g)
Appropriateness of the proposed exterior architectural appearance,
specifically that it generally conforms to the Historical New England
character of the Town or the general character of existing surrounding
structures.
[Added 5-22-2017 ATM
by Art. 18]
(h)
Structures facing streets. Structures with main entrances/fronts
facing away from the street shall incorporate additional architectural
and landscaping details along the street front to improve the streetscape.
If the structure is not visible from the street the applicant may
request a waiver.
[Added 5-24-2021 ATM by Art. 30]
D.
Design/field changes. During the course of construction, if conditions necessitate the material alteration of the approved site plan, the applicant must notify the Planning Board in writing and must have the design changes approved and incorporated into an amended plan, which will require approval by the Board. Failure to do so will result in penalties as outlined in Subsection E.
[Added 5-24-2021 ATM by Art. 26]
E.
Penalties. Any failure to build in accordance with the approved site plan shall be subject to a penalty determined by the Board commensurate with the need to mitigate the extent of the failure of the applicant to build the project according to the approved plan or to have the applicant completely remove the unapproved work. See § 175-80, Enforcement, and § 175-81, Violations and penalties.
[Added 5-24-2021 ATM by Art. 26]
A.
It shall be unlawful to occupy any structure or lot
for which a building or use permit is required herein without the
owner applying for and receiving from the Building Inspector a certificate
of occupancy.
B.
The certificate of occupancy shall state that the
building and use comply with the provisions of the Zoning Bylaw and
of the Building Code in effect at the time of issuance. The Building
Inspector shall consult with the Board of Health or its designated
agent prior to issuing said certificate and, in the case of structures
in a subdivision undergoing development, with the Planning Board.
C.
A certificate of occupancy shall be required for any
of the following in conformity with the Building Code and this bylaw:
Fees shall be as established by the Board of
Selectmen.
The Board of Selectmen shall enforce the provisions
of this bylaw through the Building Inspector, as provided in this
section, but nothing in the bylaw shall authorize the Board of Selectmen
to issue a permit to any person for the constructing, reconstructing,
extending or repairing a building or structure or for using a building,
structure or lot.
A.
If a written complaint is made to the Selectmen or
the Selectmen have reason to believe that any provision of this bylaw
is being or is about to be violated, they shall make or cause an investigation
to be made of the facts. Where complaint is made to the Selectmen,
they shall take action upon such complaint within 14 days of receipt
thereof and shall report such action in writing to the complainant.
B.
If the Selectmen find no violation or prospective
violation, any person aggrieved by their decision, or any officer
or Board of the Town, may within 10 days appeal to the Board of Appeals.
C.
If the Selectmen find a violation or prospective violation
they shall give immediate notice in writing to the owner and to the
occupant of the premises and shall order him to cease and desist and
refrain from such violation. Any person aggrieved by their decision,
or any officer or Board of the Town, may within 10 days appeal to
the Board of Appeals.
D.
If, after such order, such violation continues and
no appeal to the Board of Appeals is taken within 10 days, the Selectmen
shall forthwith make application to the Superior Court for an injunction
order restraining the violation and shall take such other action as
is necessary to enforce the provisions of the bylaw.
E.
If after action by the Selectmen, appeal is taken to the Board of Appeals, and after a public hearing, the Board of Appeals find that there has been a violation or prospective violation, the Selectmen shall issue an order to cease and desist and refrain from such violation unless such order has been previously issued under § 175-80C.
F.
If such violation then continues, the Selectmen shall
forthwith make application to Superior Court for an injunction or
order restraining the violation and shall take such other action as
may be necessary to enforce this bylaw.
Penalties for violations of any provision of
this bylaw may upon conviction be affixed in an amount not to exceed
$300 for each offense. Each day, or portion of a day, that any violation
is continued shall constitute a separate offense.
A.
Membership. There shall be a Board of Appeals of three
members and two associate members.
B.
Appointment. Members of the Board in office at the
effective date of this bylaw shall continue in office. Hereafter,
as terms expire or vacancies occur, the Board of Selectmen shall make
appointments pursuant to the Zoning Enabling Act. All members of said
Board shall be residents of the Town.
C.
Rules. The Board shall adopt rules to govern its proceedings
pursuant to Chapter 40A and 40B. Such rules shall be public and a
copy of same shall be filed with the Town Clerk.
D.
Powers. The Board of Appeals shall have the following
powers:
(1)
To hear and decide upon an appeal by any officer or
Board of the Town, or by any person aggrieved by any order or decision
of the Building Inspector, or Selectmen, in violation of any of the
provisions of Chapter 40A of the General Laws of the Commonwealth
of Massachusetts or any amendments thereto, or any provisions of this
bylaw.
(2)
To hear and decide applications for special permits
as provided by sections of this bylaw.
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Any special permit granted by the Board of Appeals
shall lapse if substantial use or construction has not commenced within
two years of the expiration date of the appeal period, or such time
required to pursue or await the determination of an appeal whichever
is later unless otherwise stated elsewhere in this Zoning Bylaw.
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In case of conflict Chapter 808 of the Acts
of 1975 as amended of the Commonwealth of Massachusetts shall govern.
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(3)
To authorize a variance for a particular use of a parcel of land or for an existing building thereon after public hearing for which notice has been given by publication and posting as provided in Article XII, § 175-82E of this bylaw and by mailing to all interested parties. To grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of this bylaw where the Board specifically finds that owing to circumstances relating to soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the bylaw would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially deviating from the intent of this bylaw. The Board may impose conditions, safeguards, and limitations both of time and for use, including the continued existence of any particular structures but excluding any condition, safeguards or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner. If rights authorized by a variance are not exercised within one year of the date of grant of such variance, they shall lapse and may be reestablished only after new notice and public hearing.
E.
Public hearings. The Board of Appeals or the special
permit granting authority as the case may be shall hold a public hearing
within 65 days from the receipt of an appeal or a petition, or a request
for a special permit, give notice thereof in a newspaper of general
circulation in the Town once in each of two successive weeks, the
first publication being not less than 14 days before the hearing,
and by mailing postage prepaid a copy of such advertisement to the
applicant and to each owner as appearing on the most recent tax list
of land abutting and to the abutter of the abutters of within 300
feet of the lot of land in question, whichever distance is greater.
All fees for required advertising shall be assumed and paid by the
applicant directly to the newspaper in which the advertisement is
carried. Legal notice is to be composed according to the requirements
of Chapter 40A, and shall be constructed by the Zoning Board of Appeals
or the special permit granting authority. All postage for required
abutter notification will be provided by the applicant to the secretary
of the Zoning Board of Appeals or SPGA , as the case may be.
F.
Decision. The Board of Appeals shall make a decision
on the appeal, application or petition within 100 days after the date
of filing except in regard to special permits. For a special permit,
the Board or the special permit granting authority shall act within
90 days following the date of the public hearing. The decision of
the Board of Appeals shall be filed with the Town Clerk along with
detailed reasons therefore and all plans as finally approved. Copies
shall be sent to the Building Inspector, the Planning Board, and to
the applicant.
G.
Other requirements. The granting of any appeal by
the Board of Appeals shall not exempt the applicant from any provision
of this bylaw which has not specifically been ruled upon by the Board
of Appeals or specifically set forth as expected in this particular
case from a provision of this bylaw. It shall be unlawful for any
owner or person to reconstruct, convert or alter a structure or change
the use, or extend or displace the use of any building, other structure
or lot, or change any required limitations or special conditions imposed
by the Board in authorizing a special permit or variance without appealing
to the Board as a new case over which the Board shall have complete
administrative power to deny, approve or modify.
H.
Appeal to District or Superior Courts. All appeals
are to conform to the provisions stated in the Zoning Enabling Act,
Chapter 40A, General Laws of the Commonwealth. A copy of the Zoning
Enabling Act is on file with the Board of Appeals.
I.
In case of conflict, Chapter 808 of the Acts of 1975,
as amended, of the Commonwealth of Massachusetts, shall govern.
