Abington City Zoning Code

The Building Inspector shall not issue any such permits unless the plans for the buildings, and the intended use thereof in all respects fulfill the provisions of this bylaw, 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 permit issued.

No building permit shall be issued without the approval and endorsement of the Water Dept. Sewer Department and/or the Board of Health, except those permits for which the Water Dept. Sewer Department and/or the Board of Health have previously notified the Building Inspector that their approval is not necessary.

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 Inspector; one copy sent to the applicant.

Such plan shall include:

For additions to existing single-family homes, or for additions to other uses which would be less than 750 square feet in area, which would not be in any required yard, the Building Inspector may require only the size and shape of the lot, the existing structure, and the proposed addition be shown on the plan submitted.

Except as provided herein, no building construction, renovation or alteration; excavation or foundation activities; or change in use shall be initiated unless a site plan is first submitted and approved by the Planning Board acting as the reviewing authority and a building permit is issued by the Building Inspector; and no certificate of occupancy shall be given unless all construction and conditions conform to the approved site plan.

The following activities shall not require a site plan review or approval:

Notwithstanding the provisions of Subsection A(2) above, the Building Inspector shall require a site plan review and approval by the Planning Board if, in his/her judgment, the proposed construction, alteration or change of use will negatively and substantially affect existing traffic circulation, drainage, landscaping, lighting, off-street parking or other elements of the environment.

Where a small addition (an addition to a principal building less than 2,000 square feet) to an existing structure is proposed, the standards established by the bylaw shall be applicable only to the new addition.

A public hearing with notification to abutters per Chapter 40A Section 11 shall be required for all commercial or industrial site plans that meet or exceed one or more of the following thresholds:

The plan submitted shall be drawn to a scale of at least one inch equals 40 feet, and shall be prepared by a registered professional engineer and/or registered professional land surveyor as appropriate.

There shall be submitted at the same scale as the site plan a professionally surveyed plan of existing site features including the size of the property; the existing and proposed topography at two foot contour intervals; general soil types as indicated on soil maps available from the U.S. Soil Conservation Service; vegetation cover including accurate locations of wooded areas and major trees, as well as roads, structures, or other significant features.

A locus map shall be included to indicate the location of the property within the Town. This map shall include the zoning district(s) for the area.

In order to allow adequate consideration of the surroundings, a plan of adjacent properties shall be presented at a scale of not less than one inch equals 100 feet or at the same scale as the site plan if practical. This plan shall show the general characteristics of all lands within 300 feet of the proposed site, including structures, parking areas, driveways, pedestrian ways, and significant natural features.

The site plan and any other drawings necessary shall precisely indicate at least, but not necessarily be limited to, the following:

The Planning Board, acting as reviewing authority shall adopt and from time to time amend rules relative to the form, content, style, number of copies of plans and specifications, and the procedure for submissions and approval of such application. A copy of said rules shall be filed in the office of the Town Clerk.

The reviewing authority shall evaluate each application on the basis of protecting the health, safety, and welfare of the prospective occupants, the occupants of neighboring properties, the provision of adequate services, and to preserve and enhance amenities of the Town. In addition to compliance with land space and building space requirements, each application shall provide for:

Occupancy and use of a building hereafter erected or structurally altered.

Change in use of an existing building or the use of land to a use of a different classification.

Any change in use of a nonconformation structure or use.

To hear and decide upon an appeal by any officer or Board of the Town, or by any person aggrieved by any order or decision of the Building Inspector, or Selectmen, in violation of any of the provisions of Chapter 40A of the General Laws of the Commonwealth of Massachusetts or any amendments thereto, or any provisions of this bylaw.

To hear and decide applications for special permits as provided by sections of this bylaw.

To authorize a variance for a particular use of a parcel of land or for an existing building thereon after public hearing for which notice has been given by publication and posting as provided in Article XII, § 175-82E of this bylaw and by mailing to all interested parties. To grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of this bylaw where the Board specifically finds that owing to circumstances relating to 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, a literal enforcement of the provisions of the bylaw would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially deviating from the intent of this bylaw. The Board may impose conditions, safeguards, and limitations both of time and for use, including the continued existence of any particular structures but excluding any condition, safeguards or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner. If rights authorized by a variance are not exercised within one year of the date of grant of such variance, they shall lapse and may be reestablished only after new notice and public hearing.