A.
Zoning Board of Appeals, Select Board and Community Planning Commission. Appeals, applications for variances and applications for special permits shall be heard and decided by the Zoning Board of Appeals, Select Board or the Community Planning Commission, as applicable, pursuant to the powers enumerated in §§ 200-24B, 200-25B, and 200-25.1 of this Zoning Bylaw.
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979; 10-6-2014 OTM by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
B.
Adoption of rules. The Zoning Board of Appeals, Select
Board and the Community Planning Commission shall adopt and from time
to time may amend rules for conducting business and otherwise carrying
out the purposes of this Zoning Bylaw. A copy of such rules shall
be filed in the office of the Town Clerk.
[Amended 10-6-2014 OTM
by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
C.
Public hearings.
[Amended 10-6-2014 OTM
by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
(1)
The Zoning Board of Appeals, Select Board and the
Community Planning Commission shall hold hearings under this article
within sixty-five (65) days of receipt of any appeal, application
for variance or application for special permit.
(2)
Hearings under this article shall be advertised and
conducted in accordance with Sections 9, 11 and 15 of the Zoning Act
and shall be open to the public. Hearings shall be held at the call
of the Chairman or when called in such other manner as the Zoning
Board of Appeals, Select Board or the Community Planning Commission
shall determine in their rules.
D.
Notice of public hearing.
(1)
The Zoning Board of Appeals, Select Board or the Community
Planning Commission shall cause notice of hearings under this article
to be sent to parties in interest as provided for in Section 11 of
the Zoning Act; shall cause notice to be published in a newspaper
of general circulation in the Town once in each of two (2) successive
weeks, the first publication to be not less than fourteen (14) days
before the day of the hearing; and shall cause such notice to be posted
in a conspicuous place in Town Hall for a period of not less than
fourteen (14) days before the day of such hearing.
[Amended 10-6-2014 OTM
by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
(2)
"Parties in interest" as used in this article shall
mean the petitioner, abutters, owners of land directly opposite on
any public or private street or way and owners of land within three
hundred (300) feet of the property line, all as they appear on the
most recent applicable tax list, notwithstanding that the land of
any such owner is located in another town, the Planning Board of every
abutting town and the Community Planning Commission of the Town of
North Reading.
E.
Record of proceedings. There shall be kept a detailed
record of all proceedings under this article indicating the vote of
each member upon each question, or if absent or failing to vote indicating
such fact. Such record shall set forth clearly the reason or reasons
for the decision reached or action taken. Copies of such record shall,
within fourteen (14) days, be filed in the office of the Town Clerk
and shall be a public record.
F.
Notice of decision. Copies of the decision or finding shall be mailed to parties in interest as defined in Subsection D(2) above and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each notice shall specify that appeals, if any, shall be made pursuant to Section 17 of the Zoning Act and shall be filed within twenty (20) days after the date of filing of such notice in the office of the Town Clerk.
G.
Repetitive application. Except as provided in Section
16 of the Zoning Act, no appeal or application which has been denied
by the Zoning Board of Appeals, Select Board or the Community Planning
Commission shall be acted favorably upon within two (2) years after
the date of final unfavorable action.
[Amended 10-6-2014 OTM
by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
H.
Withdrawal of application or appeal. Any appeal, application
for a variance or application for a special permit which has been
transmitted to the Zoning Board of Appeals, Select Board or the Community
Planning Commission may be withdrawn, without prejudice, by the petitioner
prior to the publication of the notice of the public hearing thereon
but thereafter may be withdrawn without prejudice only with the approval
of the Board or Commission to which application was made.
[Amended 10-6-2014 OTM
by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
I.
Other requirements.
(1)
The granting of any appeal, variance or special permit
by the Zoning Board of Appeals, Select Board or the Community Planning
Commission shall not exempt the applicant or the subject property
from any provision of this Zoning Bylaw not specifically ruled upon
by the Zoning Board of Appeals, Select Board or the Community Planning
Commission and specifically set forth in its findings. Construction,
reconstruction, alteration, change and use of structures and premises
which are the subject of an appeal, variance or special permit shall
be in conformity with the provisions of this Zoning Bylaw except where
specifically exempted in said findings and shall be in conformity
with any restrictions, limitations, or special conditions imposed
therein unless the applicant shall file a subsequent application seeking
to modify the initial findings.
[Amended 10-6-2014 OTM
by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
(2)
Where authorization of a use of land or of a structure
is required by the Zoning Board of Appeals, a copy of such authorization
shall be sent by the Clerk of the Board to the Building Inspector,
within ten (10) days of granting of approval and shall be received
by the Building Inspector prior to the issuance of a permit.
J.
Appeal to Superior Court.
[Amended 10-6-2014 OTM
by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
(1)
Any person aggrieved by a decision or finding of the
Zoning Board of Appeals or the Community Planning Commission, or any
municipal officer or board, or by a special permit decision for registered
marijuana dispensaries issued by the Select Board, may appeal to the
Superior Court for Middlesex County or the Land Court by bringing
an action within twenty (20) days after the decision or finding has
been filed in the office of the Town Clerk.
(2)
The Town may provide any officer or board of the Town
with independent legal counsel for appealing a decision or finding
of the Zoning Board of Appeals, Select Board or the Community Planning
Commission and for taking such other subsequent action as parties
are authorized to take, all as provided in Section 17 of the Zoning
Act.
A.
Membership.
[Amended 6-4-2018 ATM
by Art. 29, approved 9-21-2018]
(1)
The Zoning Board of Appeals shall consist of three
(3) members appointed by the Select Board. Appointment shall be for
three-year terms, so arranged that the term of one (1) member shall
expire each year. The Zoning Board of Appeals shall annually elect
a Chairman and a Clerk.
(2)
The Select Board shall also appoint, in like manner
and for like terms, three (3) associate members who may be designated
by the Chairman of the Zoning Board of Appeals to sit on the Board
in case of absence, inability to act or conflict of interest on the
part of any member thereof or in the event of a vacancy on the Board
until said vacancy is filled by the Select Board.
(3)
Any member or associate member may be removed for
cause by the Select Board upon written charges and after a public
hearing.
B.
C.
Unanimous vote required. All of the powers vested
in the Zoning Board of Appeals must be exercised pursuant to a unanimous
vote of that Board.
A.
Membership.
(1)
The Community Planning Commission shall consist of
five (5) members elected for three-year overlapping terms. The Community
Planning Commission shall annually elect a Chairman, Vice Chairman
and a Clerk.
[Amended 4-4-1994 ATM by Art. 19, approved 7-26-1994]
(2)
The Community Planning Commission may appoint associate
members who shall serve only in an advisory capacity.
B.
Powers and duties. The Community Planning Commission
shall have the following powers and duties:
(1)
Those powers and duties specified in Chapter 3, Section
8 of the North Reading Town Charter;
(2)
Those powers and duties specified in Massachusetts General Laws Chapter 41 concerning municipal planning and subdivision control; and
(3)
Those powers and duties specified in the Zoning Act
including, but not limited to, the following:
(a)
To hear and decide upon applications for special permits pursuant to § 200-28 of this Zoning Bylaw pertaining to planned unit and cluster developments;
(b)
To review and hold a public hearing on the adoption
or amendment of a Zoning Bylaw and to submit a report to Town Meeting
with recommendation thereon;
(c)
To issue a report to the Town Meeting containing
recommendations relating to repetitive petitions for changes in the
Zoning Bylaw;
(d)
To consent or withhold consent to a repetitive
application as provided in Section 16 of the Zoning Act; and
[Added 10-6-2014 OTM by Art. 13, approved 1-20-2015; amended 6-4-2018 ATM by Art. 29, approved 9-21-2018]
In addition to the powers enumerated in § 5 of the
Code of the Town of North Reading, the Select Board shall also be
the special permit granting authority for registered marijuana dispensaries.
A.
An appeal to the Zoning Board of Appeals may be taken
by the person aggrieved by reason of his inability to obtain a permit
or enforcement action from the Building Inspector. An appeal to the
Zoning Board of Appeals may be taken by the Metropolitan Area Planning
Council, or by any person including an officer or board of the Town,
or of an abutting town aggrieved by an order or decision of the Building
Inspector in violation of any provision of this Zoning Bylaw or of
the Zoning Act.
B.
Any appeal shall be taken within thirty (30) days
from the date of the order or decision which is being appealed by
filing a notice of appeal, specifying the grounds thereof, with the
Town Clerk who shall, within two (2) business days, transmit copies
of the notice of appeal to such officer or board whose order or decision
is being appealed, and to the Zoning Board of Appeals. Such officer
or board shall, within seven (7) days, transmit to the Zoning Board
of Appeals copies of all documents and papers constituting the record
of the case in which the appeal is taken.
C.
The Zoning Board of Appeals, in exercising the powers
granted under this section, may make orders or decisions, reverse,
affirm or modify, in whole or in part, any order or decision, may
issue or direct the issuance of a permit and shall have all the powers
of the Building Inspector.
D.
The decision of the Zoning Board of Appeals shall
be rendered within one hundred (100) days of the filing of an appeal
with the Town Clerk. Failure of the Zoning Board of Appeals to act
within said one hundred (100) days shall be deemed to be the grant
of the relief sought subject to an applicable judicial appeal as provided
for in the Zoning Act.
[Amended 10-2-2000 ATM by Art. 16, approved 3-29-2001]
A.
After a public hearing upon an appeal pursuant to § 200-26 of this Zoning Bylaw or upon an application for a variance the Zoning Board of Appeals may grant a variance from the terms of any applicable section of this Zoning Bylaw. However, the Zoning Board of Appeals shall not grant a variance relating to the use of land or structures.
B.
An application for a variance shall be filed with
the Town Clerk, who shall, within two (2) business days, transmit
a copy of such application to the Zoning Board of Appeals.
C.
The decision of the Zoning Board of Appeals shall
be rendered within seventy-five (75) days of the filing of the application
with the Town Clerk. Failure of the Zoning Board of Appeals to act
within said seventy-five (75) days shall be deemed to be the grant
of the relief sought in the application, subject to an applicable
judicial appeal as provided for in the Zoning Act.
D.
The Zoning Board of Appeals shall not grant a variance
unless it specifically finds that each of the following conditions
are fulfilled:
(1)
That owing to the circumstances relating to the soil
conditions, shape or topography of the land or structure involved
and especially affecting such land or structure but not affecting
generally the zoning district in which it is located, a literal enforcement
of the provisions of this Zoning Bylaw would involve substantial hardship,
financial or otherwise, to the applicant; and
(2)
That desirable relief may be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent or purpose of this Zoning Bylaw.
E.
The Zoning Board of Appeals may impose conditions,
safeguards and limitations, both of time and of use, including the
continued existence of any particular structure, but excluding any
condition, safeguard or limitation based upon continued ownership.
F.
Upon the granting of a variance, extension, modification
or renewal thereof, the Zoning Board of Appeals shall issue to the
owner and to the applicant, if other than the owner, a copy of its
decision, certified by the Zoning Board of Appeals, containing the
name and address of the owner, identifying the land affected, setting
forth compliance with the statutory requirements for the issuance
of such variance and certifying that copies of the decision and all
plans referred to in the decision have been filed with the Community
Planning Commission and the Town Clerk.
G.
No variance or extension, modification or renewal
thereof shall take effect until a copy of the decision bearing the
certification of the Town Clerk that twenty (20) days have elapsed
after the decision has been filed in the office of the Town Clerk
and no appeal has been filed, or that if an appeal has been filed,
it has been dismissed or denied, is recorded in the Middlesex South
District Registry of Deeds and indexed in the grantor index under
the name of the owner of record, or is recorded and noted on the owner's
certificate of title. The recording or registration shall be the responsibility
of the owner or applicant who shall, thereafter, provide the Zoning
Board of Appeals with a copy of the decision bearing the stamp of
the Registry of Deeds or Land Court indicating the date and time of
recording or registration and the book and page number assigned the
document.
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979]
H.
The rights authorized by a variance shall lapse unless
construction is commenced within one (1) year of the grant of the
variance and is continued through to completion as continuously and
expeditiously as is reasonable. In the event of such a lapse, the
variance may be re-established only after notice and a new hearing.
I.
It shall be unlawful for any owner or person to reconstruct,
convert or alter a structure or change the use, increase the intensity
of 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 Zoning Board of Appeals in authorizing a variance without making
new application to the Zoning Board of Appeals for approval of such
action.
A.
Zoning Board of Appeals as special permit granting
authority. The Zoning Board of Appeals shall have the power, upon
written application, to grant special permits for the following exceptions,
activities and uses:
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979; 10-4-1984 ATM by Art.
14, approved 1-8-1985; 10-17-1991 ATM by Art. 21, approved 2-4-1992]
(3)
Reconstruction, alteration, increase or change in a nonconforming use or structure pursuant to § 200-10A of this Zoning Bylaw;
(5)
Special permits for other activities and uses requiring
a special permit pursuant to the terms of this Zoning Bylaw except
in connection with cluster residential developments, multi-family
residential developments and planned unit developments, and personal
wireless service facilities.
[Amended 10-12-2000 ATM by Art. 32, approved 3-29-2001]
B.
Community Planning Commission as special permit granting
authority. The Community Planning Commission shall have the power,
upon written application, to grant special permits for the following
uses:
(1)
Open space residential developments pursuant to Article X of this Zoning Bylaw;
[Amended 4-7-2008ATM by Art. 27, approved 6-27-2008]
(3)
Multi-family residential developments pursuant to § 200-90 of this Zoning Bylaw;
[Added 10-4-1984 ATM by Art. 14, approved 1-8-1985]
(4)
Special permits relating to signs issued pursuant to § 200-84; and
[Added 10-17-1991 ATM by Art. 21, approved 2-4-1992]
(6)
Special permits relating to personal wireless service facilities pursuant to § 200-46 of this Zoning Bylaw.
[Added 10-12-2000 ATM by Art. 32, approved 3-29-2001]
(7)
In any zoning district, the Community Planning Commission
shall be the Special Permit Granting Authority for all special permits
in a Priority Development Site designated by Town Meeting pursuant
to M.G.L. c. 43D.
[Added 4-7-2008 ATM by Art. 23, approved 6-27-2008]
(8)
Special permits relating to the Affordable Housing
Overlay District.
[Added 4-7-2008 ATM by Art. 26, approved 6-27-2008]
(9)
Special
permits relating to the Senior Housing Overlay District.
[Added 6-5-2021 ATM by Art. 30, approved 9-29-2021]
B.1.
Select Board as special permit granting authority. The Select
Board shall have the power, upon written application, to grant special
permits for the following use: registered marijuana dispensaries.
[Added 10-6-2014 OTM
by Art. 13, approved 1-20-2015; amended 6-4-2018 ATM by Art. 29, approved 9-21-2018]
C.
Procedural requirements for the grant of a special permit. The grant of a special permit shall be accomplished pursuant to the general provisions contained in § 200-23 of this Zoning Bylaw and pursuant to the following procedural requirements:
(1)
An application for a special permit shall be filed with the special permit granting authority and a copy of such application shall forthwith be given to the Town Clerk by the applicant. The application shall be accompanied by a site plan prepared in accordance with the requirements of Subsection D of this section unless the special permit granting authority waives or modifies said requirements.
(2)
Whenever an application for a special permit is filed
with the Community Planning Commission, the Commission shall submit
a copy of such application to the Board of Health, the Building Inspector,
the Conservation Commission, the Town Engineer, the Police Department,
the Fire Department and the School Department for their review. The
application forwarded to each reviewing party shall be accompanied
by all supportive materials filed with the application which may be
necessary to an adequate review by that reviewing party. Each reviewing
party may make such recommendations as it deems appropriate and shall
send a report of such recommendations to the Community Planning Commission.
A copy of such report shall be forwarded to the applicant. Failure
of any reviewing party to make recommendations within thirty-five
(35) days of receipt by the reviewing party of a copy of the application
for special permit shall be deemed a lack of opposition to such application.
(3)
Whenever an application for a special permit is filed
with the Zoning Board of Appeals, the Zoning Board of Appeals shall
submit a copy of such application to the Community Planning Commission
and the Building Inspector for their review. The application shall
be accompanied by all supportive materials filed with the application
which may be necessary to an adequate review by each of the reviewing
parties. The Zoning Board of Appeals shall also submit copies of the
application and supportive materials to all other boards, departments
or officers of the Town whose area of responsibility relates to the
subject matter of the special permit for which application is being
made. Failure of any reviewing party to make recommendations within
thirty-five (35) days of receipt by the reviewing party of a copy
of the application for special permit shall be deemed a lack of opposition
to such application.
(4)
The special permit granting authority shall not render
a decision on the application for a special permit until such time
as the reviewing parties have all responded to the application or
until thirty-five (35) days have elapsed from the receipt by each
of the boards, departments or officers of the application and supportive
materials.
(5)
The special permit granting authority shall act within
ninety (90) days after the public hearing. Failure of the special
permit granting authority to take final action upon an application
for a special permit within the ninety-day period following the date
of the public hearing shall be deemed to be a grant of the permit
applied for.
(6)
Upon the grant of a special permit, or any extension,
modification or renewal thereof, the special permit granting authority
shall issue to the owner and to the applicant, if other than the owner,
a copy of its decision, certified by the special permit granting authority,
containing the name and address of the owner, identifying the land
affected, setting forth compliance with the statutory requirements
for the issuance of a special permit and certifying that copies of
the decision and all plans referred to in the decision have been filed
with the Community Planning Commission and the Town Clerk.
D.
Minimum site plan requirements. Site Plans shall be
submitted on twenty-four-inch by thirty-six-inch sheets. Plans shall
be prepared by a registered professional engineer and a registered
land surveyor. Dimensions and scales shall be adequate to determine
that all requirements are met and to make a complete analysis and
evaluation of the proposal. Except for plans relating to planned unit
developments, cluster developments, and floodplain districts, which
shall have a minimum scale of one (1) inch equals forty (40) feet,
all plans shall have a minimum scale of one (1) inch equals two hundred
(200) feet. Unless waived or modified by the special permit granting
authority, all plans shall indicate at least the following items:
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979; 10-8-1987 ATM by Art.
21, approved 11-30-1987; 4-30-1992 ATM by Art. 22, approved 8-26-1992]
(1)
A location plan at a scale of one (1) inch equals
one thousand (1,000) feet;
(2)
All property lines;
(3)
All adjacent public streets;
(4)
All existing and proposed buildings, structures, parking
areas and service areas;
(5)
All facilities for sewage, refuse and other waste
disposal;
(6)
Facilities for surface water drainage, both temporary
and permanent;
(7)
Landscaping, walls, screening, fencing, buffering
and walks;
(8)
Off-street parking spaces and loading areas;
(9)
Front, side and rear yards;
(10)
Lateral support for all adjacent properties
as required;
(11)
Water supply;
(12)
Lighting plan;
(13)
Proper provision for vehicular traffic, service
roads and control of entrances and exits to highways;
(14)
Future expansion areas;
(15)
Endorsement of approval by Board of Health on
all matters relative to facilities for sewage, refuse and other waste
disposal; and
(16)
All other features required by the section of
this Zoning Bylaw authorizing the grant of the special permit sought.
(17)
For a Chapter 43D Priority Development Site,
the site plan submission requirements shall be in accordance with
this section and the Community Planning Commission's rules and regulations.
[Added 4-7-2008 ATM by Art. 23, approved 6-27-2008]
E.
Conditions for approval of special permit.
(1)
The special permit granting authority shall not approve
any such application for a special permit unless it finds that all
the following conditions are met:
(a)
The subject land is located in a district where
the use requested is permitted by special permit as a special exception
pursuant to the provisions of this Zoning Bylaw;
(b)
The specific site is an appropriate location
for such a use, structure or condition;
(c)
The requested use will not create undue traffic
congestion or unduly impair pedestrian safety;
(d)
The requested use will not overload any public
water, drainage, or sewer system, or any other municipal system to
such an extent that the requested use or any developed use in the
immediate area or in any other area of the Town will be unduly subjected
to hazards affecting health, safety or the general welfare, directly
caused by the requested use, and non-preventable by any condition
of approving the special permit;
(f)
The requested use will not impair the integrity
or character of the district, neighborhood or adjoining districts
nor be detrimental to the public health, safety, convenience or welfare.
(2)
Special permits may be granted only for uses which
are in harmony with the general purpose and intent of this Zoning
Bylaw and shall be subject to general or specific provisions as set
forth therein. In order to further the objectives of this Zoning Bylaw,
such permits may impose conditions, safeguards and limitations on
time or use and may also impose such other conditions, safeguards
and limitations as the special permit granting authority shall deem
appropriate including but not limited to the following:
(a)
Requirements of front, side or rear yards greater
than the minimum required by this Zoning Bylaw;
(b)
Requirements of screening of parking areas or
other parts of the premises from adjoining premises or from the street
by walls, fences, plantings or other devices as specified by the special
permit granting authority;
(c)
Modification of the exterior features or appearances
of the structure;
(d)
Limitation of size, number of occupants, method
or time of operation, or extent of facilities;
(e)
Regulation of number, design and location of
access drives or other traffic features;
(f)
Requirement of off-street parking or other special
features beyond the minimum required by this or other applicable bylaw;
and
(g)
Provision for open and maintained fire and access
lanes.
F.
Recording of decision. No special permit, or any extension,
modification or renewal thereof, shall take effect until a copy of
the decision bearing the certification of the Town Clerk that twenty
(20) days have lapsed and no appeal has been filed or that, if an
appeal has been filed, it has been dismissed or denied, is recorded
in the Middlesex South District Registry of Deeds and indexed in the
grantor index under the name of the owner of record or is recorded
and noted on the owner's certificate of title. The recording or registration
shall be the responsibility of the owner or applicant who shall, thereafter,
provide the special permit granting authority with a copy of the decision
bearing the stamp of the Registry of Deeds or Land Court indicating
the date and time of recording or registration and the book and page
number assigned the document.
G.
Conformity with terms of special permit required.
It shall be unlawful for any owner or person to reconstruct, convert
or alter a structure or change the use, increase the intensity of
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 special permit granting authority in authorizing a special
permit without making new application to the special permit granting
authority for approval of such action.
H.
Application of amendments to Zoning Bylaw. Any amendment
to this Zoning Bylaw shall apply to any special permit issued after
the first notice of public hearing on such amendment.
I.
Special permit time limit. Except for good cause,
a special permit granted pursuant to this Zoning Bylaw shall lapse
at the expiration of one (1) year from the grant thereof unless a
substantial use has commenced or construction has begun.
