[Amended 4-16-1996 ATM by Art. 11, approved
7-29-1996; 12-19-2011 by Ord. No. 2011-009]
A.
The Building Commissioner shall enforce the provisions of this chapter
and exercise the powers and duties as provided in MGL c. 40A, § 7.
The Building Commissioner, when refusing to act on a written complaint
of a zoning violation, must give the reason, in writing, to the complainant
within fourteen (14) days of receipt of the complaint.
B.
All applications for permits shall be in writing and shall be accompanied
by a plan, drawn to scale, showing the size and dimensions of the
lot or lots to be built upon, the streets and other premises upon
which it abuts and the size and location of the building to be erected
or altered. The application shall set forth the use or uses proposed
or intended and such other information as requested by the Building
Commissioner.
C.
No building or structure shall be erected or altered and no land,
building or structure shall be used for a new, different, changed
or enlarged use without a building permit therefor first having been
obtained from the Building Commissioner, or, in case no building permit
is required, unless a certificate of occupancy is issued by said Building
Commissioner certifying that the use proposed is in conformity with
the provisions of this chapter.
D.
The Building Commissioner, in conjunction with the Planning Board
or its designee(s), shall enforce the site plan and design review
process as outlined in this chapter. No building permit shall be issued
without prior approval of the site plan and architectural design by
both the Building Commissioner and the Planning Board or its designee(s).
A foundation permit may be issued at the discretion of the Building
Commissioner.
[Amended 4-16-1996 ATM by Art. 11, approved
7-29-1996; 5-22-2006 ATM by Arts. 45 and 50, approved 10-17-2006]
An application for a permit for construction of multifamily apartment houses shall be accompanied by an additional copy of the plot plan required by § 200-38C and the floor plans and elevations and site plan as required by the State Building Code and two (2) copies of a site plan showing also off-street automobile parking spaces, loading and unloading areas, driveways, yards and landscaped areas and other lot use sufficient to determine compliance with all requirements of this chapter applicable to multifamily dwellings and the lot upon which they are to be constructed. The Building Commissioner shall promptly submit such additional copies and one (1) copy of such site plan to the Planning Board for review and the Planning Board's report. Site plan review and the amount of performance guarantee, which performance guarantee shall be one (1) of the methods stated in MGL c. 41, § 81U, shall be done by the Planning Board and transmitted to the Building Commissioner within sixty (60) days of application for a building permit.
A.
The Town Council, forthwith upon the adoption of this
chapter, shall appoint a Board of Appeals as provided in MGL c. 40A,
§ 12.
B.
The Board of Appeals shall exercise all the powers and duties set forth in MGL c. 40A, § 14, and may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this chapter in harmony with its general intent and purpose, particularly with reference to the provisions of § 200-16, Article IV, § 200-24, and Article VI of this chapter, and with reference to the use of lots located in two (2) or more districts.
C.
At the time of filing an appeal, application or petition
with the Board of Appeals, the applicant shall deposit with the Board
of Appeals a permit fee as may be determined from time to time by
the Board of Appeals under its rules and regulations as provided in
MGL c. 40A, as amended.
D.
Appeals, applications, and petitions to the Board
of Appeals shall be in writing and shall present the facts, reasons,
and arguments supporting the request for relief sought and shall be
filed with the Town Clerk, who, upon receipt, shall notify said Board.
For all actions brought before the Board, as part of the facts, the
applicant shall identify the owner of the property and the applicant,
and their interests in the property. A purchase and sale agreement,
lease agreement, or letter of intent may be submitted to satisfy this
requirement. No application shall be considered complete until this
requirement is met.
[Amended 5-9-2011 by Ord. No. 2010-047]
E.
The Board of Appeals shall consist of five (5) members
as well as five (5) alternate members, and said Board of Appeals shall
be known as the Board of Appeals for building appeals, planning appeals
and zoning appeals as of May 1, 1969, as petitioned for by the Town
Manager at the direction of the June 1968 Special Town Meeting.
[Amended 4-24-2001 ATM by Art. 22, approved
12-21-2001]
F.
No use variance shall be permitted in any zone except
where specifically authorized by this chapter.
A.
Reconsideration of proposed changes in zoning. As
provided in MGL c. 40A, no proposed bylaw making a change in any existing
zoning bylaw, which has been unfavorably acted upon by the Town Council,
shall be considered on its merits by the Town Council within two (2)
years after the date of such unfavorable action, unless the adoption
of such proposed bylaws is recommended in the final report of the
Planning Board as required by MGL c. 40A, § 5.
B.
Effective date of amendments. Zoning amendments become
effective when adopted by the Town Council as provided by MGL c. 40A,
§ 5.
C.
Procedure for zoning amendments. Adoption or change
of zoning bylaws may be initiated by the submission of the proposed
bylaw to the Town Council, by the Board of Appeals, the Planning Board,
the Town Council, by an individual owning land to be affected by the
change or adoption, by request of registered voters of the Town as
provided in MGL c. 39, § 10, or by a regional planning agency.
A proposal to amend this chapter which affects the Zoning Map shall
include a complete boundary description, together with a plan of the
area to be affected, showing existing zoning lines and proposed zoning
lines, stating all pertinent dimensions, in feet, at a scale of not
less than one hundred (100) feet to the inch. Within fourteen (14)
days following receipt of any proposal to amend this chapter, the
Town Council shall submit the same to the Planning Board for its review.
Within sixty-five (65) days following the receipt by the Planning
Board of a proposed amendment to this chapter, the Planning Board
will hold a public hearing concerning the proposed amendment. The
contents, posting and publication of the public hearing notice shall
be as required by MGL c. 40A, § 5. Whenever a proposed amendment
affects the Zoning Map, notice shall also be sent, by certified mail,
return receipt requested, to all owners of land within three hundred
(300) feet of the land affected, including land in adjoining towns
if any, all as they appear on the most recent applicable tax list.
D.
Town Council action on proposed amendments. No vote
to adopt any proposed amendment to this chapter shall be taken until
a report, with recommendations, from the Planning Board has been submitted
to the Town Council or twenty-one (21) days have elapsed following
the public hearing by the Planning Board without the submission of
such report. Upon the submission of a report by the Planning Board
or at the expiration of the twenty-one-day period following the public
hearing without submission of a report, the Town Council may adopt,
amend or reject any proposed amendment to this chapter. A vote of
two-thirds (2/3) of those present and voting shall be necessary for
the adoption of any proposed amendment to this chapter. If the Town
Council fails to act on any proposed amendment to this chapter within
six (6) months following the date of the public hearing by the Planning
Board, no action shall be taken unless another public hearing is held
with notice and report as provided for above.
A.
If written complaint is made to the Building Commissioner,
or if the Building Commissioner has reason to believe that any provision
of this chapter is being or is about to be violated, the Building
Commissioner shall make or cause an investigation to be made into
the facts. Where complaint is made to the Building Commissioner, the
Building Commissioner shall take action upon such complaint within
fourteen (14) days of receipt thereof and shall report such action
in writing to the complainant.
[Amended 4-16-1996 ATM by Art. 11, approved
7-29-1996]
B.
If the Building Commissioner finds no violation or
prospective violation, any person aggrieved by this decision or any
officer or board of the Town may, within thirty (30) days, appeal
to the Board of Appeals.
[Amended 4-16-1996 ATM by Art. 11, approved
7-29-1996]
C.
If the Building Commissioner finds a violation or
prospective violation, the Building Commissioner shall give immediate
notice, in writing, to the owner and to the occupant of the premises
and shall order him or her to cease and desist and refrain from such
violation. Any person aggrieved by the Building Commissioner's decision,
or any officer or board of the Town, may, within thirty (30) days,
appeal to the Board of Appeals.
[Amended 4-16-1996 ATM by Art. 11, approved
7-29-1996]
D.
If, after such order, such violation continues and
no appeal to the Board of Appeals is taken within thirty (30) days,
the Building Commissioner shall forthwith make application to the
Superior Court for an injunction or order restraining the violation
and shall take such other action as is necessary to enforce the provisions
of this chapter.
[Amended 4-16-1996 ATM by Art. 11, approved
7-29-1996]
E.
If, after action by the Building Commissioner, an appeal is taken to the Board of Appeals, and after a public hearing the Board of Appeals finds that there has been a violation or prospective violation, the Building Commissioner shall issue an order to cease and desist and refrain from such violation unless such order has been previously issued under Subsection C.
[Amended 4-16-1996 ATM by Art. 11, approved
7-29-1996]
F.
If such violation then continues, the Building Commissioner
shall forthwith make application to the Superior Court for an injunction
or order restraining the violation and shall take such other action
as may be necessary to enforce this chapter.
[Amended 4-16-1996 ATM by Art. 11, approved
7-29-1996]
G.
Penalties for violations of any provisions of this
chapter may, upon conviction, be affixed in an amount not less than
$20 nor more than $300 for each offense. Each day or portion of a
day that any violation is continued shall constitute a separate offense.
