[Amended by 6-5-1972 STM, Art. 6; 6-26-1973 STM, Art. 14; 9-25-1975 STM, Art. 10; 1-9-1978 STM, Art. 5]
This Zoning Chapter is enacted pursuant to,
and under the authority of, Chapter 40A of the General Laws, and amendments
thereto, and of Article 89 of the Amendments to the Constitution,
for the purpose of guiding the sound development of the Town of Blackstone.
A.ย
Responsibility. This chapter shall be enforced by
a Zoning Agent appointed annually by the Selectmen. The Zoning Agent
shall institute and take any and all 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 Board of Selectmen
to the Town Counsel.
B.ย
Compliance certification.
(1)ย
Buildings, structures or signs may not be erected,
substantially altered or moved, nor shall land or structures be changed
in use, without certification by the Zoning Agent 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 governmental agencies from which approval is required by federal,
state or local law. No building permit or certificate of use and occupancy,
where required under the Commonwealth of Massachusetts State Building
Code, shall be issued without such certification.[1]
(2)ย
In addition to any information which may be required under the Massachusetts State Building Code, the Zoning Agent shall require of applicants such information as he deems necessary to determine compliance with this Zoning Chapter. This may include such things as a site plan indicating land and building uses and provisions for vehicular parking and egress, location of floodplain control elevations and evidence of performance compliance under ยงย 123-16.
(3)ย
Applicants for permits within the Special Resource Overlay District comprising the area described in Subsection B(3)(a), (b) and (c) below must inform the Zoning Agent of the date at which they provided or will provide notification of that application as required by the following. The Zoning Agent's determination of compliance with this Zoning Bylaw shall be made no earlier than seven days following that notification.
[Added by ATM 5-27-2003, Art. 17[2][
(a)ย
For proposal on land abutting the route of the
Blackstone Canal, notification of intent to the Blackstone River and
Canal Commission, as required by Chapter 155 of the Acts of 1988,
as amended (see map titled โBlack Canal Area: Canal Route: Apparent
Abutters,โ August 1, 2002[3]).
[3]
Editor's Note: Said map(s) are on file in
the Town offices.
(b)ย
For proposals within premises or a district
listed in the National Register of Historic Places and proposing change
visible from a public way, notification of intent to the Blackstone
Historical Commission (see maps titled โBlackstone National
Register Places,โ August 1, 2002[4]).
[4]
Editor's Note: Said map(s) are on file in
the Town offices.
(c)ย
For proposals on premises within the Village
Overlay District, notification of intent to the Blackstone Revitalization
Committee.
(d)ย
Notification as required under Subsection B(3)(a), (b) or (c) must also be provided to those nonprofit organizations that, following their request, have been determined by the Planning Board to have reasons serving the public interest to be notified of proposals under one or more of those paragraphs. The Planning Board shall document and from time to time update a listing of such determinations to the Zoning Agent and the Town Clerk.
[2]
Editor's Note: This article also provided
for the renumbering of former Subsection B(3) and (4) as (4) and (5),
respectively.
(4)ย
Responsibility for obtaining permits and certification
shall be that of the owner of the premises.
(5)ย
A copy of all approved permits or certificates shall
be forwarded by the Building Inspector to the Conservation Commission
forthwith upon their issuance.
C.ย
Site plan review.
(1)ย
Applicability.
[Amended by 4-28-1986 ATM, Art. 38; 4-26-1993 ATM, Art. 19]
(a)ย
Unless proposed for single-family or two-family
use outside the Village Overlay District, all development proposals
are subject to site plan review by the Planning Board if proposing
any of the following:
[Amended by 5-30-2017 ATM, Art. 20]
[1]ย
A new building containing 1,000 or more square
feet gross floor area;
[2]ย
An addition increasing ground coverage of any
building by more than 1,000 square feet or, for buildings having ground
coverage exceeding 10,000 square feet, an addition increasing that
coverage by more than 10%;
[3]ย
Development located in the Village Overlay District
for which determination of being village-compatible is sought; or
[Amended by 4-25-1994 ATM, Art. 22]
[4]ย
Removal of existing vegetative ground cover from more than 20,000 square feet of site area, unless done incidental to earth removal authorized by a permit granted under Chapter 109, Soil Removal.[5]
[5]
Editor's Note: Former Subsection C(1)(a)[5], Creation of a
major residential development, added by 5-28-1996 ATM, Art. 22, and
which immediately followed this subsection, was repealed 5-27-2008
ATM, Art. 20.
(2)ย
Procedure. Prior to filing an application with the
Building Inspector, the applicant shall file two prints of the required
plans with the Planning Board for its approval, and one print of the
plans with each of the following for their review and written advisory
reports: Superintendent of Public Works, Fire Chief, Conservation
Commission, Board of Health, Zoning Agent and, if in the Village Overlay
District, the Main Street Revitalization Commission. No site plan
shall be approved by the Planning Board prior to the Board's receipt
of advisory reports from each of the above unless 25 days elapse from
the date of submittal to the Board. No building permit shall be issued
without written site plan approval by the Planning Board, unless 45
days elapse from the date of application without receipt of notice
of the Planning Board's action.
[6]
Editor's Note: This article also redesignated
former Subsection C(2) and (3) as Subsection C(3) and (4), respectively.
(3)ย
Drawing requirements. Plans subject to site plan review
shall be prepared by a registered architect, landscape architect or
professional engineer unless involving no more than 3,000 square feet
of building floor area and no more than 10 parking spaces. Plans shall
he submitted at a scale designated by the Planning Board and shall
show (or note absence of):
[Amended by 4-28-1986 ATM, Art. 38; 4-26-1993 ATM, Art. 19; 11-8-1999 STM, Art. 15]
(a)ย
Location and boundaries of the site (dimensioned)
and stress and ways showing existing and/or proposed access to the
site.
(b)ย
Zoning district boundaries, including overlay
districts.
(c)ย
Use and ownership of adjacent premises, and
approximate location of any existing structures within 50 feet of
the site.
(d)ย
Existing and proposed land and building uses.
(e)ย
Existing topography and proposed grading.
(f)ย
Indication of wetlands, wetlands buffer and
other areas potentially subject to the Wetlands Protection Act, with
notation that boundary determinations have been accepted by the Conservation
Commission.
(g)ย
Boundaries of any floodplain district or floodway.
(h)ย
Location of any proposed structures, streets,
ways, walls, water supply and sewage disposal facilities, hydrants,
stormwater management provisions, cable utilities, principal drives,
pedestrian access (noting handicapped accommodation), fences (noting
height and materials), outdoor lighting, open space areas, recreation
areas, egresses, loading facilities, facilities for solid waste disposal
or storage, and parking with individual spaces identified, typical
spaces dimensioned and setback from street dimensioned.
(i)ย
Landscaping and screening, indicating distinctions
between proposed and retained vegetation, individually identifying
trees of eight-inch trunk diameter or greater if proposed to be removed,
and identifying size and species of plantings.
(j)ย
Erosion control measures, both permanent and
construction.
(k)ย
True North and scale.
(l)ย
Location, size and design of all proposed signs.
(m)ย
Architectural floor plans noting floor area
and floor grade and architectural elevations.
(4)ย
Design requirements. The Planning Board shall approve
a site plan only upon its determination that:
(b)ย
For the given location and type and extent of
land use, the design of building form, building location, egress points,
grading and other elements of the development could not reasonably
be altered to:
[1]ย
Improve pedestrian or vehicular safety within
the site and egressing from it.
[2]ย
Reduce the visual intrusion of parking areas
viewed from public ways or abutting premises.
[3]ย
Reduce the volume of cut and fill.
[4]ย
Reduce the number of removed trees four inches
in trunk diameter and larger.
[5]ย
Reduce the extent of stormwater flow increase
from the site.
[6]ย
Reduce soil erosion.
[7]ย
Reduce hazard or inconvenience to pedestrians
from stormwater flow and ponding.
(c)ย
Adequate access is provided to each structure
for fire and service equipment.
(e)ย
No zoning violations are observed.
(5)ย
Upon request by an applicant seeking an occupancy permit prior to completion of all requirements of the approved site plan, the Planning Board may authorize the Building Inspector to rely upon security received by the Town from the applicant for completion within a specified time of specific incomplete elements, such as landscaping or roadway finish course, whose completion has been determined by the Board not to impair the safety or convenience of users of the site. Such security shall be irrevocable and in an amount found by the Board to exceed the cost of the remaining improvements by no less than 20% cash security. Failure by the applicant to fully complete the specified improvements by the specified time shall result in forfeiture of the full amount of the security to the Town and shall constitute a zoning violation, subject to the penalty provisions of ยงย 123-2D.
[Added by 5-29-2007 ATM, Art. 16]
D.ย
Penalty. Anyone violating any provision of this chapter,
any of the conditions under which a permit is issued or any decision
rendered by the Zoning Board of Appeals may be fined not more than
$100 for each offense. Each day that each violation continues shall
constitute a separate offense.
A.ย
Establishment. There is hereby established a Board
of Appeals which shall consist of five members and two alternate members,
who shall be appointed by the Selectmen and shall act in all matters
under this chapter in the manner prescribed by Chapters 40A, 40B and
41 of the General Laws.
B.ย
Powers. The Board of Appeals shall have and exercise
all the powers granted to it by Chapters 40A, 40B and 41 of the General
Laws and by this chapter. The Board's powers are as follows:
(1)ย
Special permits: To hear and decide applications for special permits upon which the Board is empowered to act under this chapter, in accordance with ยงย 123-4.
(2)ย
Variances: 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 variances
shall be granted only in cases where the Board of Appeals finds all
of the following:
(a)ย
A literal enforcement of the provision of this
chapter would involve a substantial hardship, financial or otherwise,
to the petitioner or appellant.
(b)ย
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)ย
Appeals: Other appeals will also be heard and decided
by the Board of Appeals when taken by:
(a)ย
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)ย
The Central Massachusetts Regional Planning
Council; or
(c)ย
Any person, including any officer or Board of
the Town of Blackstone 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 of MGL c. 40A or this chapter.
(4)ย
Comprehensive permits: Comprehensive permits for construction
may be issued by the Board of Appeals for construction of low- or
moderate-income housing by a public agency or limited dividend on
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, ยงยงย 20 through 23.
(5)ย
Withheld building permits: Building permits withheld
by the Building Inspector acting under MGL c. 41, ยงย 81Y,
as a means of enforcing the Subdivision Control Law may be issued
by the Board of Appeals where the Board finds practical difficulty
of 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.
C.ย
Repetitive petitions. Repetitive petitions for special
permits, appeals and petitions for variances and applications to the
Board of Appeals shall be limited as provided in MGL c. 40A, ยงย 16.
A.ย
Special permit granting authority. Unless specifically
designated otherwise, the Board of Appeals shall act as the special
permit granting authority.
B.ย
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 the applicant.
C.ย
Criteria. Special permits shall be granted in those
cases where the special permit granting authority determines that
the proposed use will not have adverse effects on either the neighborhood
or the Town, in view of the particular characteristics of the site
and of the proposal in relation to that site. The determination shall
indicate consideration of each of the following:
D.ย
Conditions. Special permits may be granted with such
reasonable conditions, safeguards or limitations on time or use as
the special permit granting authority may deem necessary to serve
the purposes of this chapter.
E.ย
Expiration. Special permits shall lapse if a substantial
use thereof or construction has not begun within 24 months of special
permit approval or such shorter time as a special permit granting
authority may stipulate (excluding such time required to pursue or
await the determination of an appeal referred to in MGL c. 40A, ยงย 17,
for the grant thereof).
F.ย
Planning Board as special permit granting authority.
In certain cases in this chapter, the Planning Board is designated
as the special permit granting authority (SPGA). As authorized in
MGL c. 40A, ยงย 9, there shall be one associate member of
the Planning Board. Such associate shall act on special permit decisions
when designated to do so by the Planning Board Chairman in case of
absence, inability to act or conflict of interest on the part of any
member of the Board or in the event of a vacancy on the Board. The
Associate Member shall be appointed for a three-year term by majority
vote of the Planning Board.
[Added by 11-8-1999 STM, Art. 17]
A.ย
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.ย
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.
This chapter may from time to time be changed
by amendment, addition or repeal by the Town Meeting in the manner
provided in MGL c. 40A, ยงย 5, and any amendments therein.
Any person aggrieved by a decision of the Board
of Appeals or 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, ยงย 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.