Town of Norwell, MA Article 3 Board of Appeals

§ 201-3.1 Establishment.

[5-6-1989 ATM, Art. 46; 5-9-2022 ATM, Art. 16]

The Board of Appeals shall consist of three members and not more than five associate members who shall be appointed by the Select Board and shall act in all matters under this bylaw in the manner prescribed by MGL c. 40A and c. 41.

§ 201-3.2 Powers.

The Board of Appeals shall have and exercise all the powers granted to it by MGL c. 40A and c. 41 and by this bylaw. The Board's powers are as follows:

A. Special permits. To hear and decide applications for special permits upon which the Board is empowered to act under this bylaw, in accordance with § 201-3.3.

B. Variances. To hear and decide appeals or petitions for variances from the terms of this bylaw with respect to particular land or structures but not uses. Such variance shall be granted only in cases where the Board of Appeals finds all of the following:

[5-10-2004 ATM, Art. 26]

(1) A literal enforcement of the provisions of this bylaw would involve a substantial hardship, financial or otherwise, to the petitioner or appellant.

(2) The hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located.

(3) Desirable relief may be granted without either:

(a) Substantial detriment to the public good; or

(b) Nullifying or substantially derogating from the intent or purpose of this bylaw.

C. Other appeals. To hear and decide other appeals. Other appeals will also be heard and decided by the Board of Appeals when taken by:

(1) Any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of MGL c. 40A; or by

(2) The Metropolitan Area Planning Council; or by

(3) Any person including any officer or board of the Town of Norwell or of any abutting town, if aggrieved by any order or decision of the Building Inspector/Zoning Enforcement Officer, in violation of any provision of MGL c. 40A or this bylaw.

D. To issue withheld building permits. Building permits withheld by the Building Inspector/Zoning Enforcement Officer acting under MGL c. 41, § 81Y, as a means of enforcing the Subdivision Control Law may be issued by the Board of Appeals where the Board finds practical difficulty or unnecessary hardship, and if the circumstances of the case do not require that the building be related to a way shown on the subdivision plan in question.

§ 201-3.3 Special permits.

A. Special permit granting authority. Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.

B. Criteria for approval. In considering whether or not to grant a special permit under this section of the Zoning Bylaw, the Board of Appeals shall not grant a special permit unless all of the following conditions are satisfied:

(1) The conduct of the proposed use will not be detrimental to the neighborhood and zoning district;

(2) The conduct of the proposed use will not significantly alter the character of the zoning district; and

(3) The conduct of the proposed use will not be injurious, noxious, or offensive to the neighborhood by reason of the emission of odors, fumes, dust, smoke, noise or other cause, nor hazardous to the community on account of fire, explosion or other cause.

(4) If the proposed use will be located within the Aquifer Protection District, the conduct of such use will not cause any significant degradation of the quantity or quality of groundwater supplies and further that groundwater quality resulting from on-site waste disposal and other on-site operations will not fall below federal or state standards for drinking water at the downgradient property boundary. In making such determination the Board of Appeals may utilize the information/standards enumerated in § 201-19.6B(4) of this bylaw.

C. Public hearing. Special permits shall only be issued following public hearings held within 65 days after filing with the special permit granting authority an application, a copy of which shall forthwith be given to the Town Clerk by applicant.

D. Conditions. Special permits may be granted with such reasonable conditions, regulations, or limitations as the special permit granting authority may deem necessary to serve the purposes of the bylaw.

E. Expiration. Special permits shall lapse within a specified period of time, not to exceed three years from the date of approval (exclusive of time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof), if a substantial use thereof or construction has not begun, except for good cause.

[Amended 5-9-2022 ATM, Art. 17]

§ 201-3.4 Site plan review.

[Amended 5-10-2004 ATM, Art. 28]

A. When required. No structure shall hereafter be erected or externally enlarged by more than 200 square feet on any lot in any nonresidential district (meaning thereby all districts under the Zoning Bylaw except Residential Districts A and B) and no use hereafter be established or expanded in ground area on any lot in any such district except in conformity with a site plan of such lot and structures proposed to be constructed on such lot bearing endorsement of approval by the Board of Appeals.

B. Contents of site plan.

(1) Said site plan shall show among other things:

(a) All existing and proposed buildings and structures (showing front, side and rear elevation and layouts).

(b) Signs.

(c) Parking spaces.

(d) Driveway openings.

(e) Service areas.

(f) Open uses.

(g) All facilities for sewage, refuse and other waste disposal and for surface water drainage.

(h) All landscape and screening features (such as fences, walls, planting areas and walks) on the lot.

(i) Proposed site lighting.

(j) Existing and proposed easements and/or rights-of-way.

(k) Existing conditions of the surrounding area to sufficiently determine the impact of the proposed project to the surrounding area, including, but not limited to, curb cuts, driveway openings, existing buildings, and surrounding topography.

(l) Drainage calculations stamped by a registered professional engineer licensed by the Commonwealth of Massachusetts.

(m) Parking and density calculations.

(n) Documentation of curb cut approval by the Massachusetts Department of Transportation on state highways.

[Amended 5-6-2019 ATM, Art. 30]

(o) Statement and certification on the plan by the engineers certifying the site plan submitted complies with the Zoning Bylaw.

(2) Failure to comply at the time of submission with the above requirements is grounds for denial of site plan approval for the lack of sufficient information.

C. Procedure.

(1) Any person desiring approval of a site plan under this section shall submit said site plan to the Board of Appeals for action and, either simultaneously or forthwith thereafter, shall submit said plan (together with seven copies) to the Planning Board. The Planning Board shall review the plan and, as appropriate, obtain technical review of the plan at the applicant's sole cost. The Planning Board shall prepare its report and recommendations regarding said plan and submit same to the Board of Appeals. The Board of Appeals shall not approve said plan unless and until it either has reviewed the Planning Board's report and recommendations or the applicant has provided evidence that 45 days have elapsed from the date that the plan first was submitted to the Planning Board without issuance of a report and recommendations. No building permit shall issue until the Board of Appeals has approved the plan. Furthermore, no building permit shall issue if the Planning Board has not provided the Board of Appeals with the Planning Board's report and recommendations and fewer than 45 days have elapsed after the plan was first submitted to the Planning Board.

(2) The Board of Appeals shall have the power to modify or amend its approval of a site plan on application of the person owning or leasing the premises shown on such site plan in the event of changes in the physical condition of the site sufficient to justify such action within the intent of this section.

(3) After receiving the report and recommendations of the Planning Board, the Board of Appeals shall have the power to modify or amend its approval of a site plan on application of the person owning or leasing the premises shown on such site plan in the event of changes in the physical condition of the site sufficient to justify such action within the intent of this section.

D. Criteria for approval. In considering a site plan under this section, the Board of Appeals shall assure, to a degree consistent with a reasonable use of the site for the purposes permitted by the regulations for the district in which it is located, such factors as the following:

(1) The protection of the district in which the site is located and adjoining district against detrimental, offensive, or incompatible uses or structures on the site;

(2) The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent streets and land; and

(3) The adequacy of the methods of disposal for sewage, refuse, and other wastes resulting from the uses permitted on the site, and the methods of drainage for surface water from its parking spaces and driveways.

E. Implementation and expiration. Within 15 days after approval of any site plan, the Board of Appeals shall file an endorsed copy of said plan in the office of the Town Clerk. Within one year of the date of site plan approval or such longer duration as set by the Board of Appeals to match the duration of any special permit relief issued for the same project, the applicant shall have completed the work described on the plans as approved and substantial use thereof shall have commenced unless the Board of Appeals grants an extension of the time as it shall deem necessary to carry the site plan into effect. In each such instance where an extension is granted, the Board of Appeals shall certify to the Town Clerk that it has granted an extension of time and the date on which the extension is to lapse.

[Amended 5-10-2004 ATM, Art. 29; 5-9-2022 ATM, Art. 17]

F. As-built plans. Prior to the issuance of a certificate of occupancy, the owner shall provide as-built plans to the Town. The plan shall be prepared and stamped by a registered land surveyor or a professional engineer of the Commonwealth of Massachusetts certifying that the site plan has been built according to the approved plan and submitted to the Building Inspector/Zoning Enforcement Officer. Such certification shall also include that the surface and subsurface drainage discharge has been installed according to the approved site plan. Field reports by the design engineer may be requested by the Building Inspector/Zoning Enforcement Officer during construction for prior approval of changes from the approved site plan.

G. Regulations; fees. The Board of Appeals may adopt and from time to time amend reasonable regulations, including reasonable administrative fees and technical review fees, for the administration of site plan review.

[Added 5-20-2004 ATM]