A.
The Building Inspector/Zoning Enforcement Officer
(ZEO) shall be responsible for the interpretation of this chapter.
B.
The Building Inspector/ZEO shall be the officer responsible
for enforcing the provisions of this chapter. The Select Board, the
Police Department and the Fire Department shall assist the Building
Inspector/ZEO in such enforcement where necessary and appropriate.
[Amended 6-12-2021 ATM by Art. 14]
C.
No structure shall be constructed or changed, or changed
in use, until a permit has been issued by the Building Inspector.
No structure shall be occupied until a certificate of occupancy has
been issued by the Building Inspector where required.
D.
The Building Inspector/ZEO shall refuse to issue any
permit which would result in a violation of any provision of this
chapter or a violation of the conditions or terms of any special permit
or variance granted by the special permit granting authority.
E.
The Building Inspector/ZEO shall issue a cease and
desist order on any work in progress or on the use of any premises,
either of which is in violation of this chapter.
F.
Construction or operations under a building or special
permit or zoning permit shall conform to any subsequent amendment
of this chapter unless the use or construction is commenced within
a period of not more than six months after the issuance of the permit.
G.
Any person or party who believes a violation of the
provisions of this chapter is occurring may notify the Building Inspector/ZEO
with a written signed complaint. The correspondence must specify the
location and nature of the alleged violation.
H.
Any person aggrieved by a decision of the Building Inspector/ZEO may appeal to the Board of Appeals as explained in § 145-68 of this chapter.
I.
Any violation of the provisions of this chapter, the
conditions of a permit granted under this chapter or any decisions
rendered by the Zoning Board of Appeals or the Planning Board under
this chapter shall be liable to a fine of not more than $100 for each
violation. Each day that such a violation continues shall constitute
a separate offense. Any such fines shall be enforceable through the
Hampshire County Superior Court.
J.
In addition to the procedure for enforcement described
above, the provisions of this chapter, the conditions of a permit
granted under this chapter or any decisions recorded by the Zoning
Board of Appeals or the Planning Board under this chapter may be enforced
by the Building Inspector/ZEO by noncriminal complaint pursuant to
the provisions of MGL c. 40, § 21D, as amended. The fine
for any violation disposed of through this procedure shall be $100
for each offense. Each day such violation continues without evidence
of compliance or appeal shall be a separate offense.[1]
[Amended 6-12-2021 ATM by Art. 14]
There is hereby established a Board of Appeals
of three members and three associate members to be appointed by the
Select Board, as provided by MGL c. 40A. The Board of Appeals shall
have the following powers:
A.
Appeals. To hear and decide on an appeal taken by:
(1)
Any person aggrieved by reason of his inability to
obtain a permit or enforcement action from any administrative officer
under the provisions of MGL c. 40A;
(2)
The Pioneer Valley Planning Commission; or
(3)
Any person, including an officer of the Board of the
Town or abutting city or town, aggrieved by an order or decision of
the Building Inspector/ZEO or other administrative official in violation
of any provisions of this chapter or MGL c. 40A.
B.
Variances. To authorize upon appeal, upon petition
with respect to particular land or structures, a variance from the
terms of this chapter.
(1)
Such a variance shall be granted only if all of the
following conditions have been met:
(a)
Circumstances exist which relate to the soil
conditions, shape or topography of the land or structures and especially
affect such land or structures but do not generally affect the zoning
district in which they are located;
(b)
Literal enforcement of this chapter will result
in a substantial hardship, financial or otherwise; and
(c)
Desirable relief may be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent or purpose of this chapter.
(2)
All applications for variances shall be made in writing
on forms furnished by the Board of Appeals and located in the Town
Clerk's office and shall be accompanied by a plan indicating the following:
(3)
If the rights authorized by the variance are not exercised
within one year from the date such variance was granted, they shall
lapse and shall be reestablished in accordance with MGL c. 40A.
(4)
Variances shall only be issued following a public
hearing held in accordance with MGL c. 40A, §§ 10 and
11.
[Amended 6-12-2021 ATM by Art. 14]
The Planning Board, the Board of Appeals or
the Select Board, whichever this chapter designates as the special
permit granting authority (SPGA) for a particular class of special
permits, shall hear and decide applications thereof. If there is no
designation as to the SPGA, then the Board of Appeals shall be the
SPGA. Any application for a special permit shall be addressed to the
designated authorizing board and shall be filed by the applicant with
the Town Clerk, who shall record the date thereon and at once transmit
a copy to the authorizing board.
A.
Special permits. The SPGA shall issue a special permit
for an exception under the following conditions:
(1)
The SPGA shall grant special permits which:
(a)
Are found not to be detrimental to the established
or future character of the Town and the neighborhood;
(b)
Will not nullify or substantially derogate from
the intent or purpose of the zoning district in which they are located;
and
(c)
Are in harmony with the general intent and purpose
of this chapter. Conditions, safeguards and limitations on time or
use may be imposed when deemed appropriate.
(2)
All applications for a special permit shall be made
in writing on forms furnished by the SPGA and located in the Town
Clerk's office and shall be accompanied by the following and any other
information as required elsewhere in this chapter:
(a)
Location of premises, showing dimensions; abutting
properties, with name and address of owners; abutting and nearby streets
and ways; and the zoning of all properties shown.
(b)
Location and dimensions of all proposed structures,
including signs and other proposed advertising devices.
(c)
Location and number of parking spaces and loading
accommodations.
(d)
Location of all wetlands, streams and water
bodies.
(e)
Pedestrian and vehicular circulation, with particular
attention given to their safety, convenience, ingress and egress.
(f)
Potentially hazardous situations involving the
effects of noise, odor, glare or vibrations on properties in the area.
(g)
Type and location of all proposed outdoor lighting.
(h)
Where appropriate, the location and type of
material proposed for buffers and screening.
(i)
Topography.
(3)
Misrepresentation of any of the required plan items
shall be cause to revoke a special permit.
(4)
In accord with MGL c. 40A, special permits issued
by the SPGA shall require a two-thirds vote of boards with more than
five members, a vote of at least four members of a five-member board
and a unanimous vote of a three-member board.
(5)
All special permits shall lapse within two years from
the date the permit was granted, unless noted otherwise within this
chapter and unless substantial use or construction has commenced in
accord with MGL c. 40A, § 9, as amended.
(6)
In the case of a lawful nonconforming use which exists
on the effective date of this chapter in a district where such uses
require a special permit, such use shall be deemed to have received
its special permit. Such permit shall be without limitations, except
for those requirements which may have been imposed on said use on
the effective date hereafter.
(7)
The SPGA shall submit one copy of said application
and plan to all appropriate boards (Planning Board, Select Board,
Board of Health and Conservation Commission) for their review. Said
boards shall make recommendations as they deem appropriate and shall
send copies thereof to the SPGA in accordance with MGL c. 40A.
(8)
If the requested use is within the Wetlands Protection
District or the Floodplain District, the applicant shall submit a
determination of applicability of the Wetlands Act (MGL c. 131, § 40).
If the determination has been made by the Conservation Commission
that the terms of the Massachusetts Wetlands Protection Act are applicable,
the SPGA shall condition any special permit on the submission of the
order of conditions, as described in that Act (MGL c. 131, § 40).
(9)
Special permits shall only be issued following a public
hearing held in accordance with MGL c. 40A, §§ 9 and
11.
(10)
No special permits may be authorized for a use
or activity not generally permitted in the district in which the land
or structure is located.
B.
Alternate voting member on special permit applications.
(1)
Where the Belchertown Planning Board has been designated
as the special permit granting authority, in accord with MGL c. 40A,
§ 9, one associate member may be appointed as an alternate
voting member authorized to hear and vote upon decisions on special
permit applications.
(2)
The Planning Board Chairman shall designate the alternate
to sit on the Planning Board only for purposes of acting on a special
permit application in the case of absence, inability to act or conflict
of interest of a regular member or a vacancy on the Board.
(3)
The alternate voting member authorized to act on special
permit applications to the Planning Board shall be selected in accord
with the provisions of MGL c. 41, § 81A for filling a vacancy
occurring in the Board by other than the expiration of a term by appointment
of the Select Board and the members of the Planning Board.
This chapter may be amended at an Annual or
Special Town Meeting in accordance with the provisions of MGL c. 40A,
§ 5.
The invalidity of any section of this chapter
shall not invalidate any other section or provision thereof.
