[Amended 9-29-2009 STM by Art. 5]
A.
This chapter
shall be enforced by the Building Inspector, as Zoning Enforcement
Officer, as provided for in MGL c. 40A, § 7. No structure shall
be erected, altered, demolished or moved and no land or structure
shall be changed in use until and unless a permit has been issued.
Any person violating any provisions of this bylaw, any conditions
under which a permit is issued, or any decision rendered by the Board
of Appeals or the Planning Board shall be punished by a fine not exceeding
$300 for each offense. Each day that such violation continues shall
constitute a separate offense.
B.
Any violation
which is subject to a specific penalty herein may be penalized by
a noncriminal disposition as provided in MGL c. 40, § 21D.
A noncriminal disposition under this provision shall not preclude
further judicial proceedings regarding continuing violation of the
Southborough Zoning Code beyond the date of said noncriminal disposition
or the use of any other remedy provided for violation pursuant to
MGL c. 40A. The Zoning Enforcement Officer may give to the person
violating this bylaw a written notice to appear before the Clerk of
the Westborough District Court at any time during normal business
hours not later than 21 days after the date of such notice. Such notice
shall be in triplicate and shall contain the name and address, if
known, of the violator, the specific offense charged, and the time
and place for his required appearance. Such notice shall be signed
by the Zoning Enforcement Officer, and shall be signed by the violator
whenever practicable in acknowledgement that such notice has been
received.
A.
The Select Board shall appoint a Board of Appeals
of five members, who shall serve five-year terms, such that the term
of one member shall end each year. The Select Board shall also appoint
two associate members of the Board of Appeals, who shall be designated
by the Chairman of the Board of Appeals to act when a member is absent
or unable to participate for any reason. The Board of Appeals shall
adopt and file with the Town Clerk rules consistent with the requirements
of the General Laws, Chapter 40A, and with this chapter. The Board
of Appeals shall act on the following classes of matters, and no zoning
or building permit shall be issued that is inconsistent with a decision
of the Board of Appeals or on any matter within the jurisdiction of
or before the Board of Appeals until it has filed its decision thereon:
[Amended 10-18-2016 STM
by Art. 6; 11-1-2021 STM by Art.
2]
(1)
Appeals. Any person aggrieved by any order, decision
or failure to act, believed to be in violation of the State Zoning
Act or this chapter, including the action of the Select Board relative
to a zoning permit or a site plan, may appeal such action or failure
to act to the Board of Appeals, as provided by MGL c. 40A, §§ 8,
14 and 15, and the Board of Appeals may reverse or affirm, wholly
or in part, any such action or decision. The Board of Appeals shall
to that end have all the powers of the officer from whom the appeal
is taken and may issue or direct the issuance of a permit.
(2)
Special permits. Unless otherwise designated by this chapter, the Board of Appeals shall be the special permit granting authority and shall hear and decide requests for special permits as provided in §§ 174-8B, 174-9 and other sections of this chapter and in accordance with MGL c. 40A, §§ 9, 11, 14, et al. Uses accessory to activities necessary for permitted scientific research and development may be authorized by special permit, whether or not on the same parcel as the principal use, provided that the Board of Appeals finds that such accessory use meets the general requirements of § 174-9.
(3)
Variances. The Board of Appeals shall have the power
to grant, upon appeal or upon petition, variances from the terms of
this chapter, not including use variances, where the Board finds that,
due to circumstances relating to soil conditions, topography or shape
of land or structures and especially affecting such land or structures
but not affecting generally the zoning district in which they are
located, literal enforcement of this chapter would involve substantial
hardship to the appellant or petitioner and that the desired relief
may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or
purpose of this chapter. The Board of Appeals may impose conditions,
limitations and safeguards not based on the continued ownership by
the applicant, petitioner or any owner. If the rights authorized by
a variance are not exercised within one year from the date of grant
thereof, they shall lapse, and a new petition, notice and hearing
will be required for their reestablishment.
(4)
Comprehensive permits. The Board of Appeals may issue
comprehensive permits for publicly subsidized housing, as provided
in MGL c. 40B, § 21.
B.
Zoning Board of Appeals:
Meetings; Hearings; Quorum.
[Amended 5-22-2018 STM
by Art. 1]
A.
[Subsection A was passed by the Special Town Meeting on 5/22/18; disapproved by the Office of the Attorney General on 12/21/18.]
B.
The Board will hold public hearings on all applications submitted
to it. A quorum shall consist of four members or their alternates.
No member shall appear or represent any person in any matter pending
before the Board. No member shall hear or decide an appeal in which
he or she is directly or indirectly interested in a personal or financial
sense.
C.
The hearings will proceed as follows:
(1)
The Chairman will call the meeting to order and read the notice
of hearing as it appeared in the paper.
(2)
The applicant or his representative shall present the case to
the Board.
(3)
The abutters to the property present at the hearing shall be
heard and duly recorded.
(4)
Any other interested parties present at the hearing shall be
heard.
(5)
Town representatives shall be heard (Planning Board, Select
Board, other boards, etc.).
[Amended 11-1-2021 STM
by Art. 2]
D.
Hearings before the Board:
(1)
All hearings of the Board shall be open to the public.
(2)
The transcript of each hearing shall state the members of the
Board present and other persons who speak at the hearing and shall
contain a summary of the evidence given.
(3)
The transcript shall be signed by the Secretary or Acting Secretary.
Zoning Board of Appeals: Conduct
| ||
A.
|
Zoning Board of Appeals (ZBA) members are municipal employees
covered by the conflict of interest law (Chapter 268A of the General
Laws).
| |
B.
|
In addition to complying with the requirements of Mass General
Law Chapter 268A, members and alternates are required to file any
necessary Conflict of Interest (COI) Forms with the Town Clerk and
Select Board before a case related to such a conflict is heard.
[Amended 11-1-2021 STM
by Art. 2] |
This chapter or any part thereof may be amended
or repealed at a Town Meeting duly called after an advertised public
hearing is held on the proposed amendment by the Planning Board and
it submits a report thereon or 20 days elapse without such report
being submitted.
This chapter and any amendments thereto shall
take effect as provided by law upon adoption by a Town Meeting, provided
that it is subsequently approved by the Attorney General and published
or 90 days elapse without action by the Attorney General.
If any provision of this chapter or in the administration
thereof is declared invalid or void by a court of competent jurisdiction,
this shall not invalidate or void any other section or provision hereof.