No building shall be built, erected, reconstructed, moved, placed, externally altered or changed in use without a permit from the Building Commissioner. With each application for such a permit, there shall be filed a plan as described in § 250-6.3. Construction or operations covered by the permit which are not begun within six months of the issuance of the permit or construction not continued through to completion as continuously and expeditiously as is reasonable shall conform to any subsequent applicable amendment to this bylaw.
A.
The Building Commissioner shall issue no permit for a building, structure
or use which would be in violation of this bylaw. Where authorization
by the Board of Appeals or the Planning Board is also required, no
permit shall be issued until such authorization is granted and any
conditions imposed by said Board shall be made a part of the permit.
B.
The Building Commissioner shall take appropriate action in the name
of the Town of Lunenburg to prevent, correct, restrain or abate violations
of this bylaw. Any person violating any of the provisions of this
bylaw shall be subject to a fine not exceeding $300 for each offense.
Each day that such violation continues shall constitute a separate
offense.
C.
Noncriminal disposition. In addition to the procedures for enforcement
described above, the provisions of this Zoning Bylaw may also be enforced
by the Building Commissioner, by noncriminal disposition pursuant
to the provisions of MGL c. 40, § 21D. Each day on which
a violation exists shall be deemed to be a separate offense. The penalty
for violation of any provisions of this bylaw shall be $25 for the
first offense; $50 for the second offense; $100 for the third offense;
and $200 for the fourth and each subsequent offense.
D.
Special permit granting authority.
(1)
Unless otherwise designated in this bylaw, the Board of Appeals
is the special permit granting authority.
(2)
When the Planning Board or Selectmen are designated the special
permit granting authority, they shall act as provided by Chapter 40A
of the General Laws, the rules and regulations they have adopted in
accordance with Chapter 40A and the provisions established in this
section for the Board of Appeals acting as the special permit granting
authority.
A.
Establishment. There is hereby established a Board of Appeals of
five members and three associate members, who shall be appointed by
the Board of Selectmen in accordance with the provisions of MGL c.
40A, § 12, as amended.
B.
Powers. The Board of Appeals shall have the following powers:
(1)
To hear and decide appeals in accordance with MGL c. 40A, § 8,
as amended, from any person aggrieved by reason of his inability to
obtain a permit or enforcement action from the administrative officer
or board in the Town or from the regional planning agency, abutting
city or town or other administrative official.
(2)
To hear and decide in accordance with the provisions of MGL
c. 40A, § 9, as amended, application for special permits.
including:
(a)
Permits for uses requiring authorization of the Board of Appeals
as specified in §§ 250-4.2B, 250-4.3D, 250-4.5C, and
250-4.6C.
(b)
Permits for lots with lot areas, setbacks or yard areas less than those otherwise required or provided in §§ 250-5.1E, 250-5.2B(1) and 250-5.2G.
(d)
The Board of Appeals may grant a special permit to vary dimensional
requirements upon its determination that the exception will not create
undesirable conditions caused by overshadowing or loss of privacy,
that access to utility and public services will be adequate, and within
the standards listed below. Dimensional requirements may be exceeded
by special permit so as to conform to the average height, setbacks
or other relevant dimensions of existing principal buildings fronting
on the same street or within 500 feet of the premises.
[1]
Standards. In granting the special permit, the Board shall find that the permit may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of this bylaw (see §§ 250-4.2B, 250-4.5C, 250-4.6C and Subsection B of this section), and shall find that:
[a]
The specific site is an appropriate location for such building
or alteration;
[b]
The proposed building or alteration is compatible with the existing
neighborhood with regard to size, location and architecture;
[c]
The granting of the special permit will not adversely affect
the neighborhood;
[d]
The granting of the special permit will not unreasonably diminish
the available light, air, sunlight, and other amenities; and
[e]
There will be no nuisance or serious hazard to vehicles or pedestrians.
[2]
Conditions. The Board of Appeals may impose any conditions deemed
necessary to achieve the purpose of this bylaw, such as, but not limited
to, the following:
[a]
Greater than minimum yard requirements;
[b]
Modification of exterior appearance;
[c]
Limitation of size, occupancy, or extent of facilities;
[d]
Regulation of traffic and site plan features, including additional
off-street parking;
[e]
Screening of parking areas or other premises from view by use
of appropriate wall, fence, or planting;
[f]
Control of the number, location, size, and lighting of signs;
[g]
Additional design and siting modifications where appropriate.
(3)
To hear and decide petitions for variances in accordance with
MGL c. 40A, § 10, as amended, from the terms of this bylaw
where the Board specifically finds that owing to circumstances relating
to the soil conditions, shape or topography of such land or structures,
but not affecting generally the zoning district in which it is located,
a literal enforcement of the provisions of the bylaw would involve
substantial hardship, financial or otherwise, to the petitioner or
appellant and 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 the bylaw, provided that:
(a)
No variance within the Water Supply Protection District will
be allowed through the Zoning Board of Appeals without a written advisory
report from the Board of Health. Review and recommendation of the
Planning Board and the Conservation Commission shall also be considered
in the granting of the variance.
(4)
To hear and decide appeals as provided in Chapter 40B of the
General Laws.
C.
Procedure.
(1)
In exercising the powers granted by Subsection B above, the Board of Appeals shall act in accordance with the provisions of M.G.L. c. 40A, §§ 9, 11, 14, 15 and 16.
[Amended 11-13-2018 STM
by Art. 12]
(2)
In granting any special permit, the Board of Appeals shall assure
that the proposed use:
(a)
Will not be injurious or dangerous to the public health or unduly
hazardous because of traffic congestion, danger of fire or explosion
or other reasons.
(b)
Will not have a material adverse effect on the value of land
and buildings in the neighborhood or on the amenities of the neighborhood.
(c)
Will be operated with reasonable regard for order and sightliness,
if an open use.
(d)
Will not produce noise, vibration, smoke, dust, odor, heat or
glare observable at the lot lines in amounts clearly detrimental to
the normal use of adjacent property.
(3)
[1]Any approval granted by the Board of Appeals for a special permit shall lapse within two years from the grant thereof and time for an appeal as provided in MGL c. 40A, § 17, if a substantial use thereof has not sooner commenced or, in the case of a permit for construction, if construction has not begun by that date. A special permit is further limited by the six-month period provided in § 250-8.1.
[1]
Editor’s Note: Former Subsections (3) and (4) were repealed
11-13-2018 STM by Art. 12. The article also renumbered former Subsection
(5) as Subsection (3).
[Amended 5-7-2016 ATM
by Arts. 37 and 40]
A.
Purpose. The purpose of the Site Plan Review Bylaw hereby established
is to protect the safety, public health, convenience and general welfare
of the inhabitants of the Town by ensuring that the design and layout
of certain developments permitted by right or by special permit will
constitute suitable developments and will not result in a detriment
to the neighborhood or the environment.
B.
Applicability. Projects requiring site plan review:
[Amended 8-22-2016 STM
by Art. 9]
(1)
New construction or exterior expansion of any nonresidential
building or multifamily dwelling containing more than four units.
"Expansion" shall include a floor space increase of 5,000 square feet
or 25% or more within any ten-year period, whichever is less.
(2)
The construction or enlargement of any multifamily dwelling
containing more than four units, or buildings accessory to such dwellings,
including such dwellings on contiguous lots under the same ownership.
(3)
The construction or rehabilitation of a building involving 10
or more parking spaces.
(4)
The construction, reconfiguration or renovation of parking facilities,
with the exception of normal maintenance.
(5)
Any use designated that is granted a special permit or variance
by the Zoning Board of Appeals.
(6)
Any change of use within an existing building or site.
(7)
Any child-care facility.
C.
Procedure.
(1)
Applications
are to be prepared in accordance with the Planning Board Rules and
Regulations for Site Plan Approval and Special Permit. These plans
are to be submitted to the Planning Office in the number outlined
in the aforementioned document.
(2)
Public
hearing on site plans.
(a)
The Planning Board shall hold a public hearing within 65 days of
the receipt of a complete application and shall take final action
within 90 days from the time of the hearing, as provided for in MGL
c. 40A, §§ 9 and 11.
(b)
The Planning Board's final action, rendered in writing, shall consist
of either:
[1]
Approval of the site plan based upon determination that the proposed
plan will constitute a suitable development and is in compliance with
the standards set forth in this bylaw; or
[2]
Disapproval of the site plan based upon a determination that the
proposed plan does not meet the standards set forth in this bylaw;
or
[3]
Approval of the site plan subject to any condition, modification
or restriction required by the Planning Board which will ensure that
the project meets the standards set forth in this bylaw.
(3)
Failure
of the Board to take final action upon an application for site plan
review within the time specified above shall be deemed to be approval
of said application. Upon issuance by the Town Clerk of an appropriate
certification that the allowed time has passed without Planning Board
action, the required building permits may be issued.
D.
Site design principles. All site plan review applicants shall adhere
to the following general principles when designing a site plan for
land within the Town of Lunenburg.
(1)
Landscaping
within the setbacks. Applicants are expected to design setbacks with
landscaping, maintain the landscaping and replace any landscaping
that has not fully established itself. Front yard setback landscaping
shall consist of street trees, low-level plantings and other visually
unobtrusive flora. Landscaping shall be situated in a manner such
that vehicular and pedestrian sight lines are not restricted.
(2)
Driveways
and curb cuts. Entrance and exit location shall be designed to facilitate
safe traffic movement both on and off the site as well as internally.
Curb cuts are limited to as few as practicable for the length of street
frontage with adequate separation from adjacent parcels, other curb
cuts and intersections.
(3)
Service
roads/connection of parking lots. To minimize turning movements onto
adjacent public ways, developers are encouraged to provide internal
circulation systems (service roads) that connect to adjacent developments
(parking area to parking area). Site plans that propose service roads
and/or connection of parking areas shall show on the plan how the
connection of parking areas will be achieved and have a deeded agreement
and easement from the abutter.
(4)
Parking
and loading areas.
(a)
Access locations shall be designed to encourage unimpeded traffic
flow with controlled turning movements and minimum hazards to vehicular
and pedestrian traffic.
(b)
Facilities and access routes for deliveries, service and maintenance
shall be separated, where practical, from public access routes and
parking areas.
(c)
Parking facilities shall be designed to prevent parked cars from
damaging trees, shrubs and curbing, and shall not disrupt pedestrian
walkways.
(d)
Walkways shall be separated from areas of vehicular traffic and designed
to minimize stormwater runoff while maximizing access.
(e)
These facilities shall include appropriate landscaping, pedestrian
access and multi-modal parking accommodations.
(5)
Stormwater
management (grading and drainage). All site plans shall be designed
to comply with DEP (Department of Environmental Protection) Stormwater
Management Standards. Furthermore, the use of low-impact development,
infiltration of stormwater and reduction of impervious surface are
strongly encouraged.
(6)
Lighting.
Lighting designs shall be Dark Sky compliant. This includes all exterior
lights being designed and installed in such a manner as to prevent
objectionable light at (and glare across) the property lines. Developments
shall eliminate glare onto adjacent properties through the use of
lighting shields, earthen berms, addition of new landscaping and/or
retention of existing natural vegetation.
E.
Standards for site plan review. In reviewing a site plan application,
the Planning Board shall take the following items into consideration:
(2)
Traffic
safety and ease of access at street and highway entrances and exits,
to be determined by:
(a)
The adequacy of grades;
(b)
The presence of sight distances that are appropriate for the design
speed of the road, as determined by AASHTO;
(c)
Minimum safe distance between such exits and entrances; and
(d)
The existence of proper alignment or safe distance from proximal
existing street(s) and driveway entrances.
(3)
Safety
and adequacy of driveway layout and pedestrian walkways; off-street
parking areas; off-street loading areas for materials and products;
to be determined by:
(4)
Safe
and adequate means of disposal of sewage, garbage and rubbish.
(5)
Safe
and adequate water supply and distribution; including sufficient water
and facilities for firefighting on the site.
(6)
Safe
and adequate storm drainage consistent with:
(a)
Building and surface coverage;
(b)
Grade and slopes;
(c)
Soils; and
(d)
Water table.
All of which shall result in zero increase in the rate of runoff
from the site, as measured by the two-year (twenty-four-hour) and
ten-year (twenty-four-hour) storm event standards; and there will
be no negative impacts to downstream property owners in a one-hundred-year
(twenty-four-hour) storm event. The stormwater system shall meet all
the requirements and standards of the Massachusetts Stormwater Management
Standards, as amended.
(7)
Prevention
of soil erosion during and after construction; provisions for an increase
in the volume of runoff of surface water from the site and the protection
of adjacent areas against detrimental or offensive uses on the site
by the provision of adequate buffers against light, sight, sound,
dust and vibrations.
(8)
Open
space provisions and landscaping, including the maximum retention
of on-site natural features.
(9)
Placement
of underground utilities, night lighting and signs.
(10)
Compatibility of soil and subsoils to type and intensity of development.
(11)
No exterior lighting shall shine directly on adjacent properties,
or in such a manner as to create a nuisance on such properties or
a hazard on public ways. To ensure exterior lighting conforms to this
provision the following conditions shall be met:
(a)
For the proposed use, all lighting installed shall conform to the
standards outlined in The Illuminating Engineering Society of North
America Lighting Manual.
(b)
All lighting, with the exception of security lighting, shall be turned
on no earlier than one-half hour prior to the business opening and
turned off no later than one-half hour after the business closing.
(c)
The lighting plan shall meet the requirements outlined in the "Lighting
Plan Submissions" section of the Dark Sky Society's 2009 Guidelines
for Good Exterior Lighting Plans, as amended.
(d)
All fixtures using LED lighting shall be in the range of "warm-white"
or shall be filtered LEDs that meet the standard of CCT < 3,000
K or have an S/P ratio of < 1.2.
(12)
Snow storage areas shall be shown on the site plan and shall not
interfere with sight distances at points of ingress/egress to a site
or pedestrian/vehicle circulation, nor shall they adversely impact
surrounding water bodies, streams, wetlands, or other resource areas
as defined in MGL c. 131, § 40, and the Lunenburg Wetlands
Bylaw, as amended.[2]
F.
Modifications to an approved site plan. Once a site plan has been
approved by the Planning Board, said plan shall not be changed, amended
or modified without approval of the Board. There shall be only one
final site plan in effect for a parcel of land at a time.
G.
Construction of an approved site plan.
(1)
Construction
on a site with an approved site plan must be started within one year
from the date of the Planning Board's approval of the site plan. Site
plan approval may be extended for one year at the discretion of the
Board after receipt of a written request from the landowner, showing
good cause. If one year has elapsed from the date of approval, and
no extensions have been granted, or if one year has elapsed since
the granting of said extension, the final site plan approval shall
become null and void without requiring any further action by the Planning
Board. This time period shall not include delays resulting from litigation.
(2)
No
permit to build, alter or expand any building or structure, or change
of use requiring site plan review under this bylaw, shall be issued
by the Building Commissioner; nor shall any construction commence
before a written statement of approval or approval with conditions
has been issued by the Planning Board.
(3)
The
Building Commissioner may inspect a site under construction for compliance
with the approved site plan.
H.
Enforcement.
(1)
It
shall be the duty of the Building Commissioner to administer and enforce
the provisions of this bylaw.
(2)
The
Planning Board shall provide a schedule of inspection fees to be paid
by the applicant prior to the start of construction.
(3)
The
Planning Board may use inspection fees paid by the applicant to offset
the cost of hiring any additional engineers or inspectors necessary
to monitor all phases of construction covered by an approved site
plan.
(4)
If
work is not performed per the approved plan, including all conditions,
the Building Commissioner has the authority to issue a cease-and-desist
order per the Planning Board Rules and Regulations for Site Plan Approval
and Special Permits, as amended.
(5)
"As
built" plans, certified by a registered professional and noting any
change from the approved plan, shall be filed with the Building Commissioner
and the Planning Board before a certificate of completion shall be
issued.
(6)
The
Building Commissioner shall issue a certificate of completion when
all construction has been performed and all other requirements have
been met in compliance with the approved site plan. A copy of the
certificate of completion will be filed with the Planning Board.
(7)
No
certificate of occupancy shall be issued for any structure or use
subject to site plan review unless a certificate of completion has
been issued.
(8)
The
Building Commissioner may issue a temporary certificate of occupancy
for a period of one year if the required construction has been substantially
completed and the permitted uses of the development can be carried
on in a safe and convenient manner.
I.
Rules and regulations.
(1)
The
Planning Board may adopt such rules and regulations for carrying out
its duties under this section. The Board may, where such action is
allowed by law, in the public interest and not inconsistent with the
purpose and intent of this bylaw, waive strict compliance with any
requirement of this Site Plan Review Bylaw or its rules and regulations.
(2)
The
Planning Board may periodically amend or add rules and regulations
relating to the procedures and administration of this Site Plan Review
Bylaw, by majority vote of the Board, after conducting a public hearing
to receive comments on any proposed revisions. Such hearing dates
shall be advertised in a newspaper of general local circulation, at
least seven days prior to the hearing date.
J.
Appeals procedure. Any person aggrieved by any decision of the Planning
Board or Building Commissioner regarding a site plan review application
may appeal that decision per MGL c. 40A, § 17, as amended.
A.
Effective date. The effective date of this bylaw or any amendment
thereof shall be the date such bylaw or amendment is adopted by vote
of Town Meeting.
B.
Other regulations. Nothing contained in this bylaw shall be construed
as repealing any existing bylaw or regulation of the Town, but shall
be in addition thereto; provided that whenever this bylaw imposes
greater restrictions upon the construction of buildings or structures,
or upon the use of buildings, structures or land than other bylaws
or regulations, such greater restrictions shall prevail.
C.
Invalidity. The invalidity of any section or provision of this bylaw
or of any district or part thereof as shown on the Protective Bylaw
Map shall not affect the validity of any other section or provision
of said bylaw or of another district or part thereof on said map.
This bylaw shall be adopted and may be from time to time changed
by amendment, in accordance with the provisions of MGL c. 40A, § 5.
