The purpose of this chapter is to promote the
health, safety, convenience, morals and welfare of the Town of Adams
as authorized by MGL c. 40A and any amendments thereof.
A.
This chapter shall be enforced by the Building Inspector,
who shall take such action as may be necessary to enforce full compliance
with the provisions of this chapter and of permits and variances issued
hereunder, including notification of noncompliance and request for
legal action through the Selectmen to the Town Counsel.
B.
Buildings, structures or signs may not be erected,
substantially altered or moved and land or structures may not be changed
in use without certification by the Building Inspector that such action
is in compliance with then applicable zoning or without review by
him regarding whether all necessary permits have been received from
those government agencies from which approval is required by federal,
state or local law. Issuance of a building permit or certificate of
use and occupancy, where required under the Commonwealth of Massachusetts
State Building Code, may serve as such certification.
C.
Submissions. All applications for activities referenced
in this chapter shall be submitted to the Community Development Department
for review by the Building Inspector. The Building Inspector will
review applications for completeness and conformance with this chapter.
Submission requirements are referenced below:
(1)
Building permits. Applications shall be accompanied
by three prints of a plan of the lot, drawn to scale, showing the
actual dimensions of the lot, the exact location and size of any existing
or proposed buildings, and the distance of each to all lot lines and
showing streets and ways adjacent to the lot. Also required are three
sets of construction plans showing sufficient detail to determine
compliance with the Building Code.
(2)
Fill and grading permits. All proposed grading, filling and soil removal activity must be reviewed with the Building Inspector. Plan submission requirements to accompany applications are provided in § 125-16B(2)(b).
(3)
Planned development. Plan submission requirements to accompany applications are provided in § 125-24C.
D.
Following 30 days' notice of such violation, any person
violating any of the provisions of this chapter, any conditions under
which a permit is issued, or any decision rendered by the Zoning Board
of Appeals may be fined not more than $50 for each offense. Each day
that such violation continues shall constitute a separate offense.
A.
The Zoning Board of Appeals shall consist of five
members and three associate members, who shall be appointed in the
manner prescribed by MGL c. 40A, as amended.
B.
The Zoning Board of Appeals shall have and exercise
all the powers granted to it by MGL c. 40A, 40B and 41 and by this
chapter. The Board's powers are as follows:
(1)
To hear and decide applications for special permits upon which the Board is empowered to act under this chapter, in accordance with § 125-4.
(2)
To hear and decide appeals or petitions for variances
from the terms of this chapter, including variances for use with respect
to particular land or structures. Such variance shall be granted only
in cases where the Zoning Board of Appeals finds all of the following:
(a)
A literal enforcement of the provisions of this
chapter would involve a substantial hardship, financial or otherwise,
to the petitioner or appellant.
(b)
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)
To hear and decide other appeals. Other appeals will
also be heard and decided by the Zoning Board of Appeals when filed
by:
(a)
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;
(b)
The Berkshire County Regional Planning Commission;
or
(c)
Any person, including any officer or board of
the Town of Adams or of any abutting town, if aggrieved by any order
or decision of the Building Inspector or other administrative official,
in violation of any provision MGL c. 40A or this chapter.
(4)
To issue comprehensive permits. Comprehensive permits
for construction may be issued by the Zoning Board of Appeals for
construction of low- or moderate-income housing by a public agency
or limited dividend or nonprofit corporation, upon the Board's determination
that such construction would be consistent with local needs, whether
or not consistent with local zoning, building, health, or subdivision
requirements, as authorized by MGL c. 40B, §§ 20 to
23.
(5)
To issue withheld building permits. Building permits
withheld by the Building Inspector acting under MGL c. 41, § 8lY
as a means of enforcing the Subdivision Control Law may be issued
by the Zoning 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.
(6)
To serve as the Zoning Board of Appeals as established
under the provisions of the State Building Code.
C.
Repetitive petitions for special permits, appeals
and petitions for variances and applications to the Zoning Board of
Appeals shall be limited as provided in MGL c. 40A, § 16.
A.
Special permit granting authority. Unless specifically
designated otherwise, the Zoning Board of Appeals shall act as the
special permit granting authority.
B.
Submission requirements. Plan submission content requirements
vary according to type of activity proposed. Submissions required
by this chapter will be determined after review of the proposed activity
by the applicant and the Building Inspector.
C.
Public hearing. Special permits shall only be issued
following public hearings held within 65 days after filing with the
special permit granting authority of an application, a copy of which
shall forthwith be given to the Town Clerk by the applicant.
D.
Criteria. Special permits shall normally be granted
where specific provisions of this chapter are met, except when particulars
of the location or use, not generally true of the district or of the
uses permitted in it, would cause granting of such permit to be to
the detriment of the public interest because:
(1)
Traffic generated or patterns of access or egress
would cause congestion, hazard, or substantial change in established
neighborhood character;
(2)
The continued operation of or the development of adjacent
uses as permitted in this chapter would be adversely affected by the
nature of the proposed use;
(3)
Nuisance or hazard would be created to the detriment
of the health, safety and/or welfare of the occupants of the proposed
use or the citizens of the Town;
(4)
For other reasons, the proposed use would impair the
integrity of the district or adjoining districts or otherwise derogate
from the intent and purpose of this chapter;
(5)
The basic design of the proposed use(s) or buildings,
the relationship between the buildings and the land, and/or the overall
physical appearance of the proposed use(s) or buildings would not
be in general harmony with the character of the surrounding neighborhood
and would serve to blight or detract from abutting residences or other
property;
(6)
Adequate safeguards have not been taken to protect
the natural environment;
(7)
All required public services (i.e., water, sewer,
schools, fire protection, etc.) are not reasonably available to serve
the proposed development; or
(8)
The economic effect of the proposed development would
result in economic conditions leading to deterioration of properties
due to excessive concentration of commercial activity unsustainable
in the projected market.
E.
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 this chapter.
F.
Expiration. Special permits shall lapse if a substantial
use thereof or construction has not begun, except for good cause,
within 24 months of special permit approval (excepting such time required
to pursue or await the determination of an appeal referred to in MGL
c. 40A, § 17, from the grant thereof).
This chapter may from time to time be changed
by amendment, addition, or repeal by Town Meeting in the manner provided
in MGL c. 40A, § 5.
The invalidity of any section or provision of
this chapter shall not invalidate any other section or provision thereof.
A.
Other laws. Where the application of this chapter
imposes greater restrictions than those imposed by any other regulations,
permits, easements, covenants or agreements, the provisions of this
chapter shall control.
B.
Conformance. Construction or operations under a building
or special permit shall conform to any subsequent amendment of this
chapter unless the use or construction is commenced within a period
of six months after the issuance of the permit and, in cases involving
construction, unless such construction is continued through to completion
as continuously and expeditiously as is reasonable.
C.
Nonconformancy. The lawful use or maintenance of any
structure or land existing at the time of enactment or subsequent
amendment of this chapter may be continued, although such structure
or use does not conform to provisions of this chapter, subject to
the following conditions and exceptions:
(1)
Abandonment. A nonconforming use which has been abandoned
or discontinued for a period of two years or more shall not be reestablished
and any future use shall conform to this chapter.
(2)
Change, extension or alteration. As provided in MGL
c. 40A, § 6, a nonconforming single- or two-family dwelling
may be altered or extended, provided that doing so does not increase
the nonconforming nature of said structure, and other preexisting
nonconforming structures or uses may be extended or altered on special
permit from the Zoning Board of Appeals if the Zoning Board of Appeals
finds that such extension or alteration will not substantially be
more detrimental to the neighborhood than the existing nonconforming
use. Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. Such findings relative
to the nonconforming nature and whether or not a structure will be
substantially more detrimental shall be addressed as follows:
(a)
In the case of dimensional nonconformancy, any
dimension or measurement, including side, front and rear yards, height
and open space, may be altered, whether increased or decreased, to
the limitations permitted by zoning. Such dimensions or measurements
already not in conformance with those permitted by this chapter may
only be adjusted so as to reduce their difference from the chapter
requirements.
(b)
In the case of a use nonconformancy, no change
or adjustment in size, intensity of use, or nature of use shall be
granted which shall be deemed to increase the objectionable quality
of the original nonconforming use, including but not limited to traffic,
parking, noise, light and glare, hours of operation, unsightly storage
or conditions, objectionable odors, neighborhood character, safety,
overcrowding and pollution.
(3)
One or two-family dwelling change. For the purposes of this Subsection C, the following activities are deemed not to increase the nonconforming nature of a lawfully preexisting nonconforming one- or two-family dwelling. Such changes are permitted by right, subject to the issuance of a building permit:
(4)
Restoration. Necessary repairs and rebuilding of nonconforming
structures or signs after damage by fire, storm or similar disaster
are permitted, provided that they are started within 12 months and
completed within 24 months of the catastrophe and do not substantially
change the character or size of the buildings or the use to which
they were put prior to such damage.
(5)
Replacement. Replacement of mobile homes or commercial
vehicles parked in nonconformity with the Use Regulation Schedule[1] is not permitted, even where such replacement does not
increase the extent of nonconformity.
[1]
Editor's Note: The Use Regulation Schedule
is included at the end of the chapter.
(6)
Isolated lots.
(a)
Any increase in lot area, width, frontage, yard,
open space, or coverage requirements of this chapter shall not apply
to erection, extension, alteration, or moving of a one- or two-family
home on a legally created lot not meeting current requirements, provided
that the applicant documents that at the time such increased requirements
became applicable to it, the lot:
(b)
Such nonconforming lot may be changed in size
or shape or its land area recombined without losing this exemption,
so long as the change does not increase the actual or potential number
of buildable lots.
Any person aggrieved by a decision of the Zoning
Board of Appeals or of any special permit granting authority, whether
or not previously a party to the proceeding, or any municipal officer
or board may, as provided in MGL c. 40A, § 17, appeal to
the Superior Court or to the Land Court by bringing an action within
20 days after the decision has been filed in the office of the Town
Clerk.
