Ayer City Zoning Code
ARTICLE 3
Administration and Enforcement
§ 320-3.1 Enforcement; compliance; permits and certificates; violations and penalties.
A.
Enforcement by Building Commissioner. This bylaw shall be enforced by the Building Commissioner.
B.
Compliance required. No permit shall be issued by the Building Commissioner unless the application for such permit demonstrates compliance with this bylaw and any other applicable Town bylaws and regulations, Title V of the Massachusetts Environmental Code and regulations of the Board of Health, the Planning Board's Rules and Regulations for Subdivision Control,[1] the Massachusetts Wetlands Protection Act, and all other applicable state and federal regulations. The applicant shall be responsible for identifying and obtaining all required local, state, and federal permits and approvals for the project and for informing the Building Commissioner and other permit granting authorities of the status of each approval.
C.
Permit required. No building or structure shall be erected, moved, added to, or structurally altered without a permit issued therefor by the Building Commissioner. Failure to obtain a building permit shall be a violation of this bylaw and shall be punishable as provided herein.
D.
Certificate of occupancy or compliance. It shall be unlawful to use or permit the use of any building or structure or part thereof created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure under the terms of a building permit issued by the Building Commissioner until a certificate of occupancy is issued therefor by the Building Commissioner, stating that such building or structure or part thereof and the proposed use thereof conform to the terms of the building permit, all provisions of this bylaw or an order of the Board of Appeals. Failure to obtain a certificate of occupancy shall be a violation of this bylaw and shall be punishable as provided herein.
E.
Violations. If the Building Commissioner shall find or shall have reasonable grounds to believe that any of the provisions of this bylaw are being violated, he shall notify in writing the person responsible for such violations or the record owner of the premises, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures, removal of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other authorized action to ensure compliance with or to prevent violation of the provisions of this bylaw.
F.
Aggrieved persons. Whenever a violation of this bylaw occurs or is alleged to have occurred, any aggrieved person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Building Commissioner. He shall record such complaint, immediately investigate, and take action thereon as provided by this bylaw, and notify the complainant in writing of any action or refusal to act, and the reasons therefor, within 14 days of receipt of such complaint. A copy of such letter, together with a copy of the written complaint, shall be forwarded to the Select Board. The decision of the Building Commissioner may be appealed to the Board of Appeals within 30 days in accordance with MGL c. 40A, §§ 8 and 15.
G.
Penalties. Whoever violates any provisions of this bylaw or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $300 for each offense. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town from taking other lawful action as it deems necessary to prevent or remedy any violation.
H.
Noncriminal disposition. In addition to the procedures as described above, the provisions of this bylaw may also be enforced by the Building Commissioner by noncriminal disposition pursuant to the provisions of MGL c. 40, § 21D. Each day on which a violation continues shall be deemed to be a separate offense. The penalty for violation of any provision of this bylaw shall be as set forth in Chapter 1, § 1-7, of the Town Code.
§ 320-3.2 Board of Appeals.
[Amended 4-22-2024 ATM by Art. 26]
A.
Establishment. There is hereby established a Board of Appeals. Membership, appointments, and terms of regular and associate members shall be made in accordance with Chapter 40A of the Massachusetts General Laws. The Board of Appeals, consisting of five members and two alternate members who shall be residents of the Town of Ayer, shall be appointed as provided by MGL c. 40A, § 12.
B.
Powers. The Board of Appeals shall have and exercise all the powers granted to it by MGL c. 40A, c. 40B, and c. 41 and by this bylaw. The Board's powers are as follows:
(1)
Unless otherwise specified herein, the Board of Appeals shall serve as special permit granting authority and will hear and decide applications for special permits.
(2)
To hear and decide appeals or petitions for variances from the use, dimensional, or density requirements of this bylaw, with respect to particular land or structures, as set forth in MGL c. 40A, § 10.
(3)
To hear and decide appeals taken by 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, §§ 8 and 15.
(4)
To hear and decide comprehensive permits for construction of low- or moderate-income housing, as set forth in MGL c. 40B, §§ 20 to 23.
C.
Rules and regulations. The Board by vote shall establish rules and regulations for its own procedures consistent with the General Laws of the Commonwealth pertinent thereto, and shall file a copy of such rules with the Town Clerk.
D.
Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for special permit applications, petitions for variances, administrative appeals, and applications for comprehensive permits. Such regulations shall include procedures for hiring peer review consultants.
§ 320-3.3 Planning Board.
A.
Establishment. The Town has established the Planning Board under MGL c. 41, § 81A, and the Planning Board shall have all the powers and duties set forth in MGL c. 41, §§ 81A through 81GG, inclusive.
B.
Powers. The Planning Board shall have the following powers and those established by the General Laws:
(1)
To hear and decide applications for special permits 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.
(2)
To review and decide applications for site plan approval.
(3)
To review and decide applications for subdivision approval.
C.
Associate member. The Planning Board is authorized to have one associate member. The associate member shall be appointed for a three-year term by a majority vote of the members of the Planning Board and the Select Board. The Chairman of the Planning Board may designate the associate member to sit on the Planning Board for the purposes of acting on a special permit or site plan application, or any other matter for which a quorum is required, in case of an 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.
D.
Rules and regulations. The Planning Board shall adopt rules and regulations not inconsistent with the provisions of the Zoning Bylaw for conduct of its business and otherwise carrying out the purposes of MGL c. 40A, and shall file a copy of such rules in the office of the Town Clerk. Such regulations shall include procedures for hiring peer review consultants.
E.
Fees. The Planning Board may adopt reasonable administrative fees and technical review fees for special permit applications and site plan review applications.
§ 320-3.4 Special permits.
A.
Special permit granting authority. Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.
B.
Criteria. Special permits shall be granted by the special permit granting authority only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth elsewhere in this bylaw, the determination shall include consideration of each of the following:
(1)
Social, economic, or community needs which are served by the proposal;
(2)
Traffic flow and safety, including parking and loading;
(3)
Adequacy of utilities and other public services;
(4)
Neighborhood character and social structures;
(5)
Impacts on the natural environment; and
(6)
Potential fiscal impact, including impact on Town services, tax base, and employment.
C.
Procedures. Application for a special permit shall be filed in accordance with the rules and regulations of the applicable special permit granting authority and MGL c. 40A.
D.
Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this bylaw. Such conditions, safeguards or limitations shall be in writing and shall be made a part of the special and building permit, and may include but are not limited to the following:
(1)
Front, side and rear yards greater than the minimum required by this bylaw.
(2)
Screening buffers or planted strips and/or fences or walls as specified by the Planning Board.
(3)
Design and installation of lighting to minimize glare into the night sky and spill into adjacent properties.
(4)
Limitations on the size, number of occupants, method and/or time of operation, time duration of the permit and/or extent of facilities.
(5)
Requirements as to number and/or location of driveways and/or other traffic features, off-street parking and/or loading and/or other specific features beyond the minimums required by this bylaw.
E.
Regulations. The special permit granting authority shall adopt rules and regulations for the administration of this § 320-3.4 and shall file a copy of such rules in the office of the Town Clerk.
F.
Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits.
G.
Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within three years following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof) with the Town Clerk.
§ 320-3.5 Site plan review.
3.5.1
Applicability.
A.
Site plan review by the Planning Board shall be required for the following uses or activities in all districts:
(1)
Construction, alteration or expansion of or change of use within a municipal, institutional, commercial, industrial, or multifamily structure;
(2)
Construction or expansion of any parking lot for a municipal, institutional, commercial, industrial, or multifamily structure or purpose involving five or more new or additional parking spaces;
(3)
Clearing or grading more than 10,000 square feet of land, unless specifically exempt under § 320-9.6 of this bylaw;
(4)
Any use requiring a special permit, except that where a single-family or a two-family dwelling require a special permit, site plan review shall not apply;
[Amended 10-22-2018 STM by Art. 3]
(5)
All new commercial or industrial construction.
B.
Exceptions.
(1)
Any activity, construction or installation conducted solely for the purpose of environmental remediation, approved by the United States Environmental Protection Agency (EPA) or the Massachusetts Department of Environmental Protection (DEP), shall not be subject to this § 320-3.5.
(2)
New construction or alteration of a detached single-family dwelling or two-family dwelling shall not be subject to this § 320-3.5 except when such alteration is associated with any use other than a single-family dwelling or two-family dwelling.
(3)
Preexisting, nonconforming, multifamily structures adding four or fewer additional parking spaces.
[Added 10-22-2018 STM by Art. 3]
3.5.2
Other permits and approvals.
A.
No building permit shall be issued for any use or activity requiring site plan review unless the Planning Board has reviewed and approved a site plan therefor, or unless 90 days lapse from the date of submission of a complete site plan application without action by the Planning Board; and no building permit shall be issued for any use or activity requiring a special permit with site plan approval until a special permit has been granted therefor, or unless 90 days lapse from the date of the public hearing without action by the Planning Board; and no certificate of occupancy or certificate of zoning compliance shall be issued unless the site is constructed in accordance with the approved site plan.
B.
Any work done in deviation from an approved site plan shall be a violation of this bylaw unless such deviation is approved in writing by the Planning Board or determined by the Building Commissioner to be an insubstantial change.
3.5.3
Procedures.
A.
Any application for a building permit to perform work as set forth in Subsection 3.5.1 above shall be accompanied by a site plan approved by the Planning Board.
B.
Submittal requirements. Site plan submission requirements and procedures, including fees, shall be in accordance with the rules and regulations of the Planning Board.
C.
The Planning Board shall hold a site plan review meeting with the applicant no later than 45 days from the date of submission of the proposed site plan. Other Town boards, commissions, and departments shall forward their comments, in writing, to the Planning Board no later than the date of the public meeting.
D.
The Planning Board's decision to approve, approve with conditions, or deny the site plan shall be by a majority of those present, and shall be in writing.
E.
If no action is taken within 90 days from the date of submission, the application shall be deemed approved as submitted, except where the Planning Board and the applicant have agreed in writing to extend the review period.
F.
One copy of the approved site plan shall be provided each to the applicant, the Building Commissioner, the Department of Public Works, the Police Department, the Fire Department, the Conservation Commission, and the Board of Health. One copy of the approved site plan shall remain in the records of the Planning Board.
3.5.4
Decision.
A.
The Planning Board shall approve a site plan if it determines that:
(1)
The site plan meets all applicable requirements of this bylaw;
(2)
Given the location, type and extent of land use proposed by the applicant, the design of building form, building location, egress points, grading, and other elements of the site plan could not reasonably be altered to:
(a)
Reduce clearing and grading on the site, or reduce the volume of cut and fill, the number of removed trees, the length of removed or altered stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, or threat of air or water pollution;
(b)
Reduce the risk of groundwater contamination from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances;
(c)
Improve pedestrian, bicycle or vehicular safety, both on the site and egressing from it;
(d)
Improve access to each structure for fire and other emergency service equipment;
(e)
Reduce visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;
(f)
Improve building design or scale, or site design, to strengthen compatibility with surrounding properties;
(g)
Reduce glare from headlights, reduce light trespass from luminaires onto adjacent lots or the street, or light overspill into the night sky;
(h)
Avoid the removal or disruption of historic, traditional or significant structures or architectural elements;
(i)
Reduce obstruction of scenic views from publicly accessible locations; and
(3)
Any variances required from the Board of Appeals have been granted.
B.
The Planning Board may impose reasonable site plan approval conditions at the expense of the applicant, including performance guarantees as established under Subsection 3.5.5 below, to promote these objectives. The Planning Board's conditions shall become binding zoning requirements of the project. Noncompliance with the site plan or the conditions placed on said plan by the Planning Board shall be cause for action by the zoning enforcement officer of the Town of Ayer.
C.
The Planning Board may deny a site plan only if the applicant's submission does not include the specific information required to make the determinations under Subsection A above.
D.
Approval of a site plan shall not substitute for the requirement of obtaining a special permit or other permits or approvals required by this bylaw.
3.5.5
Performance guarantee. As a condition of site plan approval, the Planning Board may require a performance bond or cash security to be posted with the Town to guarantee completion of site improvements in compliance with the plans submitted and approved hereunder, or for land restoration not having to do with the construction of site improvements. The amount of security shall be determined by an estimate from the applicant's engineer, which may be confirmed or increased by the Planning Board. The Town may use the secured funds for their stated purpose in the event that the applicant does not complete all improvements in a manner satisfactory to the Planning Board, as provided in the approval.
3.5.6
General provisions.
A.
Regulations. The Planning Board shall adopt site plan review administrative rules and regulations and file a copy of such rules in the office of the Town Clerk.
B.
Lapse. Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not commenced, except for good cause. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant.
3.5.7
Special permit with site plan review.
A.
For any use requiring a special permit from the Planning Board, the special permit and site plan applications shall be combined as a single submission. The procedures for a special permit with site plan review from the Planning Board shall be the same as any other special permit and shall conform to the requirements of MGL c. 40A, § 9, as amended, and § 320-3.4 of this bylaw. The site plan submission requirements shall be in accordance with the rules and regulations of the Planning Board.
B.
For any use requiring a special permit from the Board of Appeals, the site plan application shall be submitted to the Planning Board in accordance with Subsection 3.5.3. Whenever possible, the Board of Appeals shall consider incorporating the Planning Board's conditions of site plan approval as conditions of the special permit.
3.5.8
Calculating the number of units in developments approved through site plan review.
[Added 10-22-2018 STM by Art. 4]
A.
Residential developments, whether single-family, duplex or multifamily, approved through site plan review and not requiring subdivision approval under MGL c. 41 §§ 81K through 81GG and the provisions of this bylaw, shall calculate the number of dwelling units allowed therein by the following process.
B.
The maximum number of residential units in a development requiring site plan review, but not subdivision approval, is calculated by a formula based on the net area of the property. This calculation involves two steps: calculating the net developable area and then dividing that number by the allowable density of the applicable zoning district. These units are to be located in either single-family dwellings, two-family dwellings or multifamily dwellings as the case may be.
(1)
To determine the net area, subtract the following from the total (gross) area of the site:
(a)
Half of the area of land with slopes of 20% or greater (2,000 square feet or more of contiguous sloped area at least 10 feet in width); and
(b)
The total acreage of lakes, ponds, land subject to easements or restrictions prohibiting development, FEMA 100-year floodplains, and all freshwater wetlands as defined in MGL c. 131, § 40, as delineated by an accredited wetlands specialist and approved by the Ayer Conservation Commission.
(2)
At the Planning Board’s discretion, any of the information described above may be taken from current geographic information systems data available from the Massachusetts Department of Environmental Protection, MassGIS, and other credible sources, including delineations registered by the use of global positioning systems.
C.
Unit count calculation. To determine the base maximum number of allowable residential dwelling units on the site, divide the net area calculated above by the minimum lot area for the applicable zoning district. Fractional units of less than 0.5 shall be rounded down and 0.5 or more shall be rounded up. The number of units thereby calculated may not necessarily be realized due to the distribution of wetlands, ledge outcroppings and other physical constraints of the land as well as applicable requirements of the Ayer Zoning Bylaw, site plan regulations, Board of Health regulations, the Massachusetts Building Code and other requirements.