This bylaw shall be enforced by the Board of Selectmen or through
its agent, the Building Inspector.
No permit shall be issued until the construction or alteration
of a building or structure, as proposed, shall comply in all respects
with the provisions of this bylaw or with a decision rendered by the
Board of Appeals. No alteration of a parcel of land shall proceed
without obtaining a building permit.
A.
Any application for a building, wiring, plumbing, gas, smoke detector
or other similar permit related to building construction or maintenance
shall be issued to a natural person. If an application is submitted
by a corporation, limited liability corporation, realty trust or other
business entity, such application shall include the name, address
and date of birth for all principals, owners or trustees, as applicable,
of such entity.
[Added 5-14-2018 ATM
by Art. 15]
A.
No land shall be occupied or used, and no building or structure hereinafter
erected or structurally altered shall be occupied or used, unless
a certificate of occupancy has been issued by the Board of Selectmen
or its designated agent. Such certificate shall state that the structure
and use of structure and land comply in every respect with the provisions
of this bylaw in effect at the time of issuance or with a decision
of the Board of Appeals.
B.
Conditional. A certificate of occupancy shall be conditional on the
maintenance of full compliance with the provisions of this bylaw in
effect at the time of issuance or with restrictions imposed in a decision
of the Board of Appeals, and shall lapse if such compliance fails.
A.
Appointments. The Board of Selectmen shall make appointments to a
Board of Appeals, established pursuant in Chapter 40A of the Massachusetts
General Laws and all amendments thereto, which shall consist of three
members and two associate members, one associate to be designated
by the Chairman of the Board to act in the place of any member incapacitated
by personal interest or absence. The first appointments shall be made
for one-, two-, and three-year terms respectively, and thereafter
one appointment for a three-year term shall be made on or before the
first day of March in each year. Associate members shall be appointed
for two-year terms, the first appointments being for a one-year and
a two-year term.
B.
Appeals.
(1)
Any
person aggrieved by the refusal of the Board of Selectmen or its designated
agent to issue a permit or license on the grounds of noncompliance
with these bylaws may appeal to the Board of Appeals as provided in
Chapter 40A of the Massachusetts General Laws and any amendments thereto.
(2)
Public hearing. Within 65 days from the date of the filing of
a claim of appeal as provided herein, the Board of Appeals shall hold
a public hearing thereon. The appellant shall file in advance of the
hearing such plans and information as the Board of Appeals shall deem
necessary, and give notice of the hearing by causing a notice thereof
to be posted in a conspicuous location upon the property in respect
to which the appeal is claimed.
[Amended 5-8-2023 ATM by Art. 20]
C.
Variances. Petitions for variances from the terms of the applicable
zoning provision shall be dealt with by the Board of Appeals in accordance
with Chapter 40A of the Massachusetts General Laws, as amended. The
Board shall grant no variance which would amount to an amendment of
this bylaw.
[Amended 5-14-2018 ATM
by Art. 16]
A.
There shall be one associate member of the Planning Board who shall
be appointed by the Board of Selectmen to serve a term of one year.
B.
In the event of a vacancy in the position of associate member, the
position shall be filled by appointment of the Board of Selectmen
to fill the remainder of the one-year term.
C.
The Chairman of the Planning Board may require such associate member
to be in attendance at special permit proceedings and hearings and
may designate such associate member to sit on the Planning Board for
the purpose of acting on a special permit application in the case
of absence, inability to act or conflict of interest on the part of
any member of the Planning Board or in the event of a vacancy on the
Planning Board during special permit application proceedings and hearings.
In no case, however, shall more than five members in total, including
the associate member, acting as the Planning Board, take any action
on any special permit.
A.
Written application. Where a special permit may be authorized by
the Planning Board under this bylaw, such Board may grant, upon written
application, such special permit if it finds, among other things:
(1)
Proposed use: that the premises in question is appropriately
located and reasonably adaptable to the proposed use.
(2)
Residence districts: that in residence districts, the use will
be reasonably compatible with other uses permitted as of right in
the same district.
(3)
Nuisance/Serious hazard: that the use will not be a nuisance,
or a serious hazard to vehicles or pedestrians.
(4)
Facilities: that adequate and appropriate facilities will be
provided for the proper operation of the proposed use.
B.
Review. The Planning Board may request a review of the special permit
application by other Town departments and agencies and their recommendations
thereon.
C.
Adoption of rules. The Planning Board may adopt and amend from time
to time rules governing the application procedure for special permits.
Copies of said rules shall be filed with the Town Clerk.
Any person, firm or corporation violating any section or provision
of this bylaw shall be fined not more than $300 for each offense.
Each day that said violation continues shall constitute a separate
offense.
This bylaw may be amended from time to time in accordance with
the provision of MGL c. 40A, § 5.
No proposed change in this bylaw which has been unfavorably acted upon by the Town Meeting shall be considered on its merits by the Town Meeting within two years after the date of such unfavorable action unless adoption of the proposed change is recommended in the final report of the Planning Board. No application for a special permit under Article V, § 100-505, and no appeal or petition for a variance under Article V, § 100-504, which has been unfavorably acted upon by the Board of Appeals shall be considered on its merits by said Board within two years after the vote of unfavorable action except with unanimous consent of the Planning Board.
The invalidity of any section of provision of this bylaw shall
not invalidate any other section or provision thereof.
This bylaw shall not interfere with or annul any other Town
bylaw, rule, regulation, or permit, provided that, unless specifically
excepted, where this bylaw is more stringent, it shall control.
The effective date of this bylaw shall be the date upon which
the bylaw becomes in full force or effect in accordance with the provisions
of MGL c. 40, § 32; and MGL c. 40A, § 5.
