[Amended 10-1992 STM by Art. 11; 5-11-1994 ATM by Art. 56]
A.
Except as otherwise herein provided, this chapter shall be administered
and enforced by the Building Inspector. The Building Inspector shall
issue no permit unless the plans, specifications and intended use
of the premises comply in all respects with the provisions of the
Braintree Zoning Bylaw.
B.
Every application for a building permit shall be accompanied by a
plot plan showing:
(1)
The dimensions and area of the lot;
(2)
The structures to be erected; and
(3)
The location of all ways adjacent to the lot.
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Plot plans will show accurate distances from all lot lines and
ways; existing and proposed street grades; existing and proposed contours
at two-foot intervals; all wetlands; provisions for adequate drainage;
the location of existing sewers, gas, water and other utilities in
the street; the location of existing buildings on the lot; and the
location of all easements. Each such plan shall be certified by a
registered professional engineer or a registered land surveyor.
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C.
Upon completion of the foundation, a registered land surveyor or
registered professional engineer shall certify the location of the
foundation as constructed. This certification shall be submitted to
the Building Inspector for his approval before construction is resumed.
D.
No construction shall start prior to issuance of a building permit.
No building shall be occupied or used until an occupancy permit has
been issued by the Building Inspector. Said permits shall not be issued
until the building and its uses comply fully with this chapter and
the rules and regulations of other boards or agencies having jurisdiction.
E.
The Building Inspector shall review the progress of work from time
to time to ensure compliance. If he concludes that there has been
a violation of this chapter, he shall send to the offender a notice
ordering a cessation of improper activities. Said notice shall be
sent by registered or certified mail to the address stated on the
initial application. If the offender holds a permit issued under this
chapter, such permit may be revoked according to law. If a permit
holder or other offender persists in such violation, the Building
Inspector shall seek the imposition of the penalties authorized by
MGL c. 40A.
F.
The Building Inspector shall act upon all written requests to enforce
this chapter. Within 14 days of receipt of such request, the Building
Inspector shall provide to the party requesting enforcement written
notification of any action, or refusal to act, and the reasons for
the decision.
G.
Every application for a building permit for a new single-family or
new multifamily residential dwelling shall include the sill elevation
of the proposed structure(s) and sufficient information to delineate
the elevation of the sill and basement of the proposed structure(s)
in relation to the grade of all abutting ways. All elevations of the
proposed structure(s) as referenced above must be approved by the
Town Engineer prior to the issuance of a building permit.
A.
Based on the provisions of this chapter, a person aggrieved by the
refusal of the Building Inspector to issue a building or occupancy
permit or by the issuance of a building or occupancy permit to another
may appeal the Building Inspector's action by filing a written claim
of appeal to the Zoning Board of Appeal. Said appeal shall be filed
with Town Clerk within 30 days of the Building Inspector's action.
B.
The Zoning Board of Appeal shall hold a public hearing to review
the Building Inspector's action in accordance with the provisions
of MGL c. 40A, § 15. The Zoning Board of Appeal shall give
notice as required by the MGL.
C.
The Zoning Board of Appeal shall not take final action on an appeal
until the Planning Board has submitted to the Zoning Board of Appeal
a written report with recommendations on the matter or until the expiration
of 30 days from the date of notice to the Planning Board.
The Planning Board, in addition to its duties under the Municipal
Planning and Subdivision Control Law, MGL c. 41, shall also be responsible
for acting on special permits and site plan reviews as required under
the Braintree Zoning Bylaw.
The Zoning Board of Appeal shall consist of three members and
two associate members appointed as provided in MGL c. 40A, § 12.
The Zoning Board of Appeal shall be responsible for hearing appeals
of zoning decision(s) of the Building Inspector, acting on requests
to modify or alter preexisting nonconforming structures, acting on
requests for variances from the bulk and dimensional requirements
of this chapter, and the issuance of earth removal permits, as authorized
under this chapter.
A.
Any petition for a variance or application for a special permit may
be withdrawn, without prejudice, prior to the publication of the notice
of public hearing. After publication of the notice of public hearing,
a petition for variance or special permit may be withdrawn without
prejudice only with the approval of the special permit granting authority
(SPGA) or the permit granting authority (PGA).
B.
Any appeal, application or petition which has been denied by the
SPGA or PGA shall not be acted favorably upon within two years after
the date of denial unless:
(1)
A minimum of four members of the Planning Board consents; and
(2)
The PGA finds by unanimous vote or the SPGA finds by a vote
of at least four members that there are specific and material changes
in the conditions upon which the previous unfavorable action was based
and describes such changes in the recording of its proceedings.
C.
The actions of the boards identified above may occur only after notice
is given to parties of interest of the time and place of the meeting
at which the petition will be considered.
A.
Criminal complaint. Whosoever violates any provision of these bylaws
may be penalized by indictment or criminal complaint brought in the
District Court. The penalty shall be not less than $50 nor more than
$100 for each offense. Each day that willful violation continues shall
constitute a separate offense.
B.
Noncriminal disposition. Whosoever violates any provision of these
bylaws may be penalized by a noncriminal disposition as provided in
MGL c. 40, § 21D, as the same is now or may hereafter be
amended or supplemented. The specific penalties listed herein shall
apply in such cases and the Building Inspector and his assistants,
the local inspector and his assistants or persons serving the functions
of same shall be enforcing persons for such violations. Each day which
any violation or offense continues shall be deemed to be a separate
violation or offense. Nothing contained herein shall be deemed to
require the use of the noncriminal disposition method. At the option
of the enforcement officer, criminal and/or civil action may also
be utilized. The penalty shall be $50 for each violation or offense.
Whenever any applicant or petitioner before any board or commission
pursuant to these Zoning Bylaws is required to provide notice to parties
in interest, said parties in interest shall be limited to those defined
in MGL c. 40A, § 11 and to specific parties such as schools,
churches, and hospitals, where applicable.
