Ashburnham City Zoning Code
PART 6
Administration
6.1 Enforcement.
This bylaw shall be enforced by the Board of Selectmen or by a Building Inspector appointed by them.
6.2 Building or use permit.
No building permit for any lot shall be issued except to the owner of record thereof, or an authorized agent, until the construction or alteration of a building or structure, as proposed, shall comply in all respects with the provisions of this bylaw or with a decision rendered by the Board of Appeals. Any application for such a permit shall be accompanied by a plan, accurately drawn, showing the actual shape and dimensions of the lot to be built upon, the exact location and size of all buildings or structures already on the lot, the location of new buildings to be constructed, together with the lines within which all buildings or structures are to be erected, the existing and intended use of each building or structure and such other information as may be necessary to provide for the execution and enforcement of this bylaw. Applications for permits with their accompanying plans and building permits shall be maintained as a permanent record by the Board of Selectmen or a Building Inspector appointed by them.
6.3 Certificates of occupancy.
A.
No land shall be occupied or used, and no building or structure hereinafter erected or structurally altered shall be occupied or used unless a certificate of occupancy has been issued by the Building Inspector or Board of Selectmen. Such certificate shall state that the structure and the use of the structure and land comply in every respect with the provisions of this bylaw in effect at the time of issuance or with a decision of the Board of Appeals.
B.
A certificate of occupancy shall be conditional on the maintenance of full compliance with the provisions of this bylaw in effect at the time of issuance or with restrictions imposed in a decision of the Board of Appeals, and shall lapse if such compliance fails. A copy of each certificate of occupancy shall be maintained as a permanent record by the Board of Selectmen or a Building Inspector appointed by them.
6.4 Board of Appeals.
There is hereby established a Board of Appeals which shall be the special permit granting authority under this bylaw, and which shall consist of five members and two associate members to be appointed by the Board of Selectmen as provided in Chapter 40A, General Laws. The Board shall annually elect a Chairman and a Clerk from its own membership. A member can only be removed for cause by the appointing authority and only after written charges have been filed and a public hearing has been held. Vacancies shall be filled in the same manner as appointments. The Board of Appeals shall establish written procedures consistent with the provisions of this bylaw and with the provisions of Chapter 40A or other applicable provisions of the General Laws, and shall file a copy thereof with the Town Clerk. The issuance of special permits and the granting of variances shall require a public hearing with due notice given in accordance with the General Laws. The Board of Appeals shall have the following powers and duties.
A.
Appeals. To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit from the Building Inspector or Board of Selectmen under the provisions of Chapter 40A, General Laws, or by any officer or board of the Town of Ashburnham or by any person aggrieved by any order or decision of the Building Inspector or Board of Selectmen in violation of any provision of Chapter 40A, General Laws, or of this bylaw.
B.
Special permits. To hear and decide applications for special permits for exceptions as provided in this bylaw, subject to any general or specific rules therein contained and subject to any appropriate conditions and safeguards imposed by the Board.
(1)
A special permit shall be issued only after a public hearing, which must be held within 65 days after the effective date of filing of a special permit application. The effective date of filing is the date the application is filed with the Town Clerk. Upon receipt of such application, the Town Clerk shall forthwith transmit the same to the Board of Appeals.
(2)
A special permit shall lapse at the end of two years from the date of issue, unless substantial use thereof has been commenced, except for good cause, or if the permit is for construction, if construction has not begun by such date, except for good cause.
(3)
Construction or operations under a building or special permit shall conform to any subsequent amendment to these bylaws unless the use or construction is commenced within a period of one year after the issuance of the permit, and in cases involving construction, unless such construction is carried through to completion as continuously and expeditiously as possible.
C.
Variances. To authorize upon appeal, or upon petition in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon, a variance from the terms of this bylaw where, owing to conditions especially affecting such parcel or such building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this bylaw would involve substantial hardship, financial or otherwise, to the appellant and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this bylaw, but not otherwise.
(1)
The Board of Appeals is authorized to grant a variance for use not otherwise permitted in the district in which the land or structure is located.
(2)
If the rights authorized by a variance are not exercised within one year from the date of grant of such variance, they shall lapse and may be re-established only after notice and a new hearing.
6.5 Repetitive petitions.
No proposed changes in this bylaw which has been unfavorably acted upon by the Town Meeting shall be considered on its merits by the Town Meeting within two years after the date of such unfavorable action unless adoption of the proposed change is recommended in the final report of the Planning Board. No appeal, application or petition which has been unfavorably and finally acted upon by the Board of Appeals shall be acted favorably upon within two years after the date of final unfavorable action unless the Board of Appeals finds, by a vote of not less than four members, specific and material changes in the conditions upon which the previous unfavorable action was based, and described such changes in the record of its proceedings, and unless all but one of the members of the Planning Board consents thereto and after notice is given to the parties in interest of the time and place of the proceedings when the question of such consent will be considered.
6.6 Amendments.
A.
This bylaw may be amended from time to time in accordance with the provision of MGL c. 40A, § 5. A proposal to amend this bylaw may be made by the Board of Selectmen or by one of the following by submitting the proposed amendment to the Board of Selectmen.
B.
The Board of Selectmen shall submit a proposed amendment within 14 days of its receipt to the Planning Board for review, public hearing, and report with recommendations to the Town Meeting.
6.7 Penalty.
Any person, firm or corporation violating any section or provisions of this bylaw shall be fined not more than $50 for each offense. Each day that willful violation continues shall constitute a separate offense.
6.8 Validity.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.
6.9 Planning Board associate member.
The Planning Board and the Board of Selectmen jointly may appoint an associate member as provided for under MGL c. 40A, § 9. The Planning Board Chairperson may designate an associate member to sit on the Board for the purposes of acting on special permit applications in the case of absence on the part of any Planning Board member, or in the event of vacancy on the Board. The term of an associate member shall be three years. Associate members may be removed for cause by the Planning Board upon written charges and after a public hearing. Vacancies shall be filled for unexpired terms in the same manner as in the case of original appointments.
6.10 Effective date.
The effective date of these bylaws and amendments thereto shall be the date of their adoption or amendment by a Town Meeting, subject to the requirement of publication set forth in MGL c. 40, § 32.
Chapter 808 Zoning Amendments added in August 1, 1979