A.
Building Permit. It shall be unlawful for any person to erect, construct,
reconstruct, or alter a structure without applying for and receiving
from the Building Commissioner a building permit.
B.
Issuance. Such permits shall be applied for in writing to the Building
Commissioner. The Building Commissioner shall not issue any such permit
unless the plans for the building, and the intended use thereof in
all respects fulfills the provisions of this chapter, except as may
have been specifically permitted otherwise by action of the Board
of Appeals, provided a written copy of the terms governing any such
permission be attached to the application and to the resulting building
permit issued. One copy of each such permit issued, including any
conditions or exceptions attached thereto, shall be kept on file in
the office of the Building Commissioner.
C.
Plot Plan. Each application for a permit to build, alter, or move
a building shall be accompanied by a plot plan in such numbers of
copies and drawn to such a scale as is required by the Building Commissioner.
Each such plot plan shall show dimensions and area of lots and of
structures and sewage disposal systems, to be erected, altered or
moved, and adjacent streets or ways. Such plot plans shall accurately
indicate dimensions of all lot lines.
A.
Building Commissioner. This chapter shall be enforced by the Building
Commissioner. The Building Commissioner, upon being informed in writing
of a possible violation of this chapter or on his own initiative,
shall make or cause to be made an investigation of facts and an inspection
of the premises where such violation may exist. The Building Commissioner,
on evidence of any violation, after investigation and inspection shall
give written notice of such violation to the owner and to the occupant
of such premises. The Building Commissioner shall demand in such notice
that such violation be abated and within a reasonable time, designated
therein by the Building Commissioner. Such notice and demand may be
given by mail addressed to the owner at the address appearing for
him on the most recent real estate tax records of the Town of Easton
and to the occupant at the address of the premises of such seeming
violation.
B.
Duties. The Building Commissioner shall withhold a permit for construction,
alteration or moving of any building or structure if the building
or structure as constructed, altered or moved would be in violation
of this chapter; and no permit or license shall be granted for a new
use of a building, structure or land which use would be in violation
of this chapter. If the Building Commissioner is requested in writing
to enforce this chapter against any person allegedly in violation
of the same and the Building Commissioner declines to act, he shall
notify, in writing, the party requesting such enforcement of any action
or refusal to act, and the reasons therefore, within 14 days of receipt
of such request.
C.
Penalties. Penalties for violations of any provision of this chapter
may, upon conviction, be affixed in any amount not to exceed $300
for each offense. Each day, or portion of a day, that any violation
is continued shall constitute a separate offense.
D.
Noncriminal Disposition. In addition to the procedures for enforcement
as described in the previous paragraph, the provisions of this chapter
may be enforced by the Building Commissioner by noncriminal complaint
pursuant to the provisions of MGL c. 40, § 21D. The penalty
for violation of any provision of this chapter 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.
A.
Membership. There shall be a Board of Appeals of five members and
two associate members who shall be residents of the Town of Easton.
As terms expire or vacancies occur, the Select Board shall make appointments
pursuant to MGL c. 40A, § 12 and the Town Charter. Members
shall serve without remuneration and shall be subject always to the
rule that they shall give due consideration to the pertinent provisions
of this chapter.
[Amended 11-12-2019 STM by Art. 13]
B.
Powers of the Board of Appeals. The Board of Appeals shall have the
following powers:
(1)
Appeals. To hear and decide an appeal taken by any person aggrieved
by reason of his inability to obtain a permit from any administrative
official, or any person aggrieved by any order or decision of the
Commissioner of Buildings or any other administrative official in
violation of any provision of Chapter 40A, General Laws, or of this
chapter.
(2)
Special Permits. To grant a special permit when designated as the
Special Permit Granting Authority by this chapter.
(3)
Variances. To authorize a variance for a particular use of a parcel
of land or to an existing building thereon from the terms of this
chapter as set forth in MGL c. 40A, § 10.
(4)
Comprehensive Permits. To grant a comprehensive permit pursuant to
MGL c. 40B.
C.
Rules and Regulations; Fees. The Zoning Board of Appeals shall adopt
rules and regulations, including fees, for the conduct of business
and for the purpose of this chapter and Chapter 40A of the General
Laws, and shall file a copy of such rules and fees with the Town Clerk.
A.
Establishment. The Planning & Zoning Board shall consist of five
members and one alternate member appointed by the Select Board.
[Amended 11-12-2019 STM by Art. 13]
C.
Rules and Regulations; Fees. The Planning & Zoning Board shall
adopt rules and regulations, including fees, for the conduct of business
and for the purpose of this chapter and Chapter 40A of the General
Laws, and shall file a copy of such rules and fees with the Town Clerk.
A.
Special Permit Granting Authority. The Board of Appeals, Planning
& Zoning Board, and the Select Board shall be the Special Permit
Granting Authority (SPGA) as specified in the various sections of
this chapter and, when designated herein, shall hear and decide applications
for special permits.
[Amended 11-12-2019 STM by Art. 13]
B.
Criteria. Special permits shall be granted by the SPGA, unless otherwise
specified herein, only upon its written determination that the adverse
effects of the proposed use will not out weigh its beneficial impacts
to the town or the neighborhood, in view of the particular characteristics
of the site, and of the proposal in relation to that site. In addition
to any specific factors that may be set forth in this chapter, the
determination shall include consideration of each of the following:
(1)
Social, economic, or community needs which are served by the proposal;
(2)
Traffic flow and safety, including parking and loading;
(3)
Adequacy of utilities and other public services;
(4)
Neighborhood character and social structures;
(5)
Impacts on the natural environment; and
(6)
Potential fiscal impact, including impact on town services, tax base,
and employment taking into account any proposed mitigation.
C.
Application. The SPGA may adopt additional rules relative to the
issuance of special permits and shall file a copy with the Town Clerk.
The rules shall prescribe a size, form, contents, style, and number
of copies of plans and specifications and the procedure for submission
and approval of such permits.
D.
Conditions. The SPGA may impose additional conditions and limitations
as it may deem necessary.
E.
Regulations. The SPGA may adopt rules and regulations for the administration
of this Section.
F.
Fees. The SPGA may adopt reasonable administrative fees and technical
review fees for applications for special permits.
G.
Lapse. Special permits shall lapse if a substantial use thereof or
construction thereunder has not begun, except for good cause, within
24 months following the filing of the special permit approval (plus
such time required to pursue or await the determination of an appeal
referred to in MGL c. 40A, § 17, from the grant thereof)
with the Town Clerk.
A.
Applicability; Non-Residential Districts. No commercial, industrial,
business, institutional, recreational, or educational use and no apartment,
multiple or attached dwellings, municipal or school building, public
utility structure, or parking lot, shall be constructed or externally
enlarged, and no such use or structure shall be expanded or established
in an building not theretofore used for such purposes, except in conformity
with a site plan bearing an endorsement of approval by the Planning
& Zoning Board.
B.
Applicability; Residential Districts. No multiple or attached dwellings,
school building, parking lot, or public utility structure and no institutional,
recreational, or educational use shall be constructed or externally
enlarged, and no such use or structure shall be expanded or established
in an building not theretofore used for such purposes, except in conformity
with a site plan bearing an endorsement of approval by the Planning
& Zoning Board.
C.
Site Plan Requirements. The site plan shall show or the accompanying
materials shall detail:
(1)
the record owner;
(2)
location;
(3)
zone boundary lines;
(4)
easements, or other legal restrictions;
(5)
exact location of building(s) on the lot with side, front and rear
dimensions;
(6)
lot dimensions; topography;
(7)
adjacent public ways;
(8)
location of off-street parking, lighting, and utility systems;
(9)
surface drainage;
(11)
location and nature of open spaces with specific notations as
to landscaping;
(12)
locus plan; and
(13)
other details as applicable and deemed necessary by the Planning
& Zoning Board.
D.
Procedure. Any person desiring approval of a site plan under this
Section application packages to the Planning & Zoning Board, the
contents, number, and format of which may be required in its rules
and regulations. The Planning & Zoning Board will review the application
and plans and circulate the application to the Fire and Police Departments,
the Building Commissioner, the Land Use Agent, Handicap Advisory Committee,
and other Boards and Committees and Town Departments, as requested.
The Planning & Zoning Board may also require the employment of
outside consultants such as may reasonably be required to perform
design and engineering review, and may impose fees to charge for such
pursuant to MGL c. 44, § 53G.
E.
Criteria for Evaluation. The Planning & Zoning Board will review
the application and plans and determine whether the application conforms
to this chapter, and, in considering a site plan under this section,
shall assure, to a degree consistent with Site Plan Guidelines established
hereunder and a reasonable use of the site for the purposes permitted
or permissible by the regulations of the district in which located:
(1)
Protection of adjoining premises against seriously detrimental uses
on the site;
(2)
Convenience and safety of vehicular and pedestrian movement within
the site, and in relation to adjacent streets, property, or improvements;
(3)
Adequacy of the methods of drainage for surface water;
(4)
Provisions for off-street loading operation of vehicles incidental
to the normal operation of the establishment;
(5)
Traffic and safety provisions to protect the convenience and welfare
of the public;
(6)
Aesthetic and functional design;
F.
Conditions.
(1)
A time period for the completion of the site construction work required
to be done under this section may be established by the Planning &
Zoning Board to ensure compliance therewith.
(2)
Noncompliance with the provisions of the site plan shall result in
rescission of the site plan approval at the stipulated expiration
date; or at any other time by vote of the Planning & Zoning Board.
(3)
Substantial completion of the public safety provisions of the site
plan is a prerequisite for issuance of an occupancy permit.
G.
Decision. The Planning & Zoning Board shall file its decision
with the Town Clerk within 90 days of the receipt of the application.
Failure to file a decision within this time period shall be deemed
a constructive approval of the application. This deadline may be extended
by agreement of the applicant and the Planning & Zoning Board.
Any such extension shall be filed forthwith with the Town Clerk.
H.
Regulations. The Planning & Zoning Board may adopt rules and
regulations for the administration of this Section.
I.
Fees. The Planning & Zoning Board may adopt reasonable administrative
fees and technical review fees for applications for special permits.
J.
Lapse. Site plan approval shall lapse if a substantial use thereof
or construction thereunder has not begun, except for good cause, within
24 months following the filing of the decision (plus such time required
to pursue or await the determination of an appeal referred to in MGL
c. 40A, § 17, from the grant thereof) with the Town Clerk.
K.
Appeal. The decision of the Planning & Zoning Board may be appealed
in accordance with MGL c. 40A, § 17 to a court of competent
jurisdiction.
A.
Purpose. The purpose of this Section is to provide for site plan
review of religious, educational, and child care centers otherwise
"exempt" pursuant to MGL c. 40A, § 3.
B.
Site Plan Review Required. Prior to the issuance of any building
permit or certificate of occupancy, the establishment, alteration,
change, extension, or reconstruction of uses B.1, B.2, or B.3, as
set forth in the Table of Use Regulations, shall require site plan
approval from the Planning & Zoning Board pursuant to this Section.
C.
Scope of Site Plan Review. Under this Section, Site Plan Review shall
be limited to two inquiries:
D.
Required Information. All applications for Site Plan Review shall
be in writing and provide, at a minimum, the following information:
(1)
Name and address of applicant person or entity;
(2)
Name and address of property owner;
(3)
Description of the proposed use and any documents necessary to establish
threshold compliance with MGL c. 40A, § 3;
(4)
Reason that relief is requested from otherwise applicable zoning
requirements;
(5)
If necessary to reach a decision on the application, the Planning
& Zoning Board may request further information from the applicant
consistent with MGL c. 40A, § 3, specifying in detail the
information required.
E.
Site Plan; Contents. In addition, the applicant shall submit a site
plan with the following information:
(1)
Legend depicting all pertinent existing and proposed site features.
(2)
The date and north arrow shall be shown on the plans.
(3)
All site plans must be stamped by a Registered Professional Civil
Engineer and a Professional Land Surveyor. The land surveyor shall
perform an instrument boundary survey and shall certify the accuracy
of the locations of the buildings, setbacks, and all other required
dimensions to property lines.
(4)
Zoning Chart depicting "Required" vs. "Provided" for all applicable
Zoning Criteria including Lot Size, Frontage, Setbacks, Building Height,
Lot Coverage, Parking Spaces, Landscaping Requirements.
(5)
Locus map, at a scale of 1"=60' or suitable scale to accurately locate
the site in Town, oriented on the plan in the same way as the large
scale plan.
(6)
The location, width, status (public or private), and name of all
streets within 100 feet of the project.
(7)
On-site and abutting lot lines. On site lot lines shall be described
by bearings and distance. Abutting lot lines shall be shown in a general
way.
(8)
Zoning District lines, including overlay districts if applicable.
(9)
The location of existing or proposed building(s) on the lot shall
be shown with total square footage and dimensions of all buildings.
(10)
Any streams, brooks, or wetland resource area boundaries within
100 feet of the property lines.
(11)
Information on the location, size and type and number of existing
and proposed landscape features.
(12)
Information on the location, size and capacity of existing and
proposed on-site and abutting utilities, (water, sewer, drainage,
natural gas, electrical cable, etc.) including utilities in abutting
side streets, if applicable.
(13)
Detailed locations and dimensions of all existing and proposed
buildings and uses on site and on abutting properties, including exterior
details relating to the building footprint. All existing and proposed
setbacks from property lines. Any minimum, or below minimum, setback
distances shall be clearly noted as such on the plan.
(14)
Information and details for all site and directional on-site
signage shall be submitted.
(15)
Elevation and facade treatment plans of all proposed structures.
Color renderings are required for new construction.
(16)
Information on the location, size and type of parking, loading,
storage and service areas. A parking calculation schedule noting existing,
required and proposed spaces for the entire site shall be provided.
(17)
Details and specifications (if applicable) for proposed site
amenities, including, but not limited to fences, recreation facilities,
walls or other barrier materials; and special paving materials.
F.
Decision. The Planning & Zoning Board may approve, approve with
conditions, or deny an application for site plan approval. In making
its decision, the Board shall be guided exclusively by MGL c. 40A,
§ 3. The Board shall file a written decision with the Town
Clerk within _____ days of receipt of the application. Failure to
file a decision within 90 days shall constitute approval of the site
plan.
G.
Appeal. Any appeal of the Planning & Zoning Board's decision
shall be made pursuant to MGL c. 40A, § 17, to a court of
competent jurisdiction.
A.
Purpose. Under the FHA, it is a discriminatory practice to refuse
to make "a reasonable accommodation in rules, policies, practices,
or services when such accommodation may be necessary to afford [a
handicapped] person equal opportunity to use and enjoy a dwelling."
42 U.S.C. § 3604(f)(3)(B). The same standard applies under
the ADA, which also addresses nonresidential facilities providing
services to persons with disabilities. 42 U.S.C. § 12112(b)(5).
The purpose of this Section is to facilitate housing and/or services
for persons with disabilities and to comply fully with the spirit
and the letter of the FHA and, where applicable, the ADA.
B.
Request. Any person eligible under the FHA or any provider of housing
to persons eligible under the FHA, or any person eligible to operate
a nonresidential facility providing services to persons eligible under
the ADA, may request a Reasonable Accommodation as provided by the
Fair Housing Act and/or the ADA. A Request for a Reasonable Accommodation
does not affect a person's or provider's obligations to act in compliance
with other applicable laws and regulations not at issue in the requested
accommodation.
C.
Zoning Board of Appeals. All requests for Reasonable Accommodation
under the FHA and/or the ADA shall be submitted to the Zoning Board
of Appeals (ZBA).
D.
Information. All requests for Reasonable Accommodation shall be in
writing and provide, at a minimum, the following information:
(1)
Name and address of person(s) or entity requesting accommodation;
(2)
Name and address of property owner;
(3)
Name and address of dwelling or facility at which accommodation is
requested;
(4)
Description of the requested accommodation and specific regulation
or regulations for which accommodation is sought;
(5)
Reason that the requested accommodation may be necessary for the
person or persons with disabilities to use and enjoy the premises;
and
(6)
If the requested accommodation relates to the number of persons allowed
to occupy a dwelling, the anticipated number of residents, including
facility staff (if any).
(7)
If necessary to reach a decision on the request for Reasonable Accommodation,
the ZBA may request further information from the applicant consistent
with the FHA and/or ADA, specifying in detail the information required.
E.
ZBA Procedures. The ZBA shall hold a public hearing using the procedures,
including notice, set forth in MGL c. 40A, §§ 11 and
15. The deadlines imposed in MGL c. 40A, § 11 or § 15
may be extended upon the request of the applicant and the approval
of the ZBA. The ZBA may seek information from other Town agencies
in assessing the impact of the requested accommodation on the rules,
policies, and procedures of the Town. Upon written notice to the ZBA,
an applicant for a Reasonable Accommodation may withdraw the request
without prejudice. The ZBA shall consider the following criteria when
deciding whether a request for accommodation is reasonable:
F.
Decision.
(2)
The ZBA shall issue a written final decision on the request in accordance
with MGL c. 40A, § 15. If the ZBA fails to render its decision
on a request for Reasonable Accommodation within the time allotted
by MGL c. 40A, § 15, the request shall be deemed granted.
The ZBA's decision shall be filed with the Town Clerk and sent to
the applicant by certified mail.
G.
Appeal. The ZBA's decision pursuant to this section may be appealed
to a court of competent jurisdiction in accordance with MGL c. 40A,
§ 17 or otherwise.
H.
File. The ZBA shall maintain a file of all requests for Reasonable
Accommodation under the FHA and/or the ADA and a file of all decisions
made on such requests. The file(s) may be reviewed in the Office of
the ZBA upon request during regular business hours.
I.
Other Laws. While a request for Reasonable Accommodation is pending,
all laws and regulations otherwise applicable to the premises that
is the subject of the request shall remain in full force and effect.
J.
Effective Date. The provisions of this Section shall apply only to
requests for Reasonable Accommodation made after May 16, 2016. Any
person who has previously submitted a request for Reasonable Accommodation
may resubmit the request for processing pursuant to the procedures
set forth in this Section.
