Blackstone City Zoning Code
ARTICLE I
General and Administrative Provisions
§ 123-1 Statutory authority; purpose.
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.
§ 123-2 Administration and enforcement; site plan review; violations and penalties.
A.
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.
Compliance certification.
(1)
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)
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 § 123-16.
(3)
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)
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 “Black Canal Area: Canal Route: Apparent Abutters,” August 1, 2002[3]).
[3]
Editor's Note: Said map(s) are on file in the Town offices.
(b)
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 “Blackstone National Register Places,” August 1, 2002[4]).
[4]
Editor's Note: Said map(s) are on file in the Town offices.
(c)
For proposals on premises within the Village Overlay District, notification of intent to the Blackstone Revitalization Committee.
(d)
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)
Responsibility for obtaining permits and certification shall be that of the owner of the premises.
(5)
A copy of all approved permits or certificates shall be forwarded by the Building Inspector to the Conservation Commission forthwith upon their issuance.
C.
Site plan review.
(1)
Applicability.
[Amended by 4-28-1986 ATM, Art. 38; 4-26-1993 ATM, Art. 19]
(a)
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]
A new building containing 1,000 or more square feet gross floor area;
[2]
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]
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]
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)
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)
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)
Location and boundaries of the site (dimensioned) and stress and ways showing existing and/or proposed access to the site.
(b)
Zoning district boundaries, including overlay districts.
(c)
Use and ownership of adjacent premises, and approximate location of any existing structures within 50 feet of the site.
(d)
Existing and proposed land and building uses.
(e)
Existing topography and proposed grading.
(f)
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)
Boundaries of any floodplain district or floodway.
(h)
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)
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)
Erosion control measures, both permanent and construction.
(k)
True North and scale.
(l)
Location, size and design of all proposed signs.
(m)
Architectural floor plans noting floor area and floor grade and architectural elevations.
(4)
Design requirements. The Planning Board shall approve a site plan only upon its determination that:
(b)
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]
Improve pedestrian or vehicular safety within the site and egressing from it.
[2]
Reduce the visual intrusion of parking areas viewed from public ways or abutting premises.
[3]
Reduce the volume of cut and fill.
[4]
Reduce the number of removed trees four inches in trunk diameter and larger.
[5]
Reduce the extent of stormwater flow increase from the site.
[6]
Reduce soil erosion.
[7]
Reduce hazard or inconvenience to pedestrians from stormwater flow and ponding.
(c)
Adequate access is provided to each structure for fire and service equipment.
(e)
No zoning violations are observed.
(5)
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 § 123-2D.
[Added by 5-29-2007 ATM, Art. 16]
D.
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.
§ 123-3 Board of Appeals.
A.
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.
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)
Special permits: To hear and decide applications for special permits upon which the Board is empowered to act under this chapter, in accordance with § 123-4.
(2)
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)
A literal enforcement of the provision 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)
Appeals: Other appeals will also be heard and decided by the Board of Appeals when taken 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 Central Massachusetts Regional Planning Council; or
(c)
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)
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, §§ 20 through 23.
(5)
Withheld building permits: Building permits withheld by the Building Inspector acting under MGL c. 41, § 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.
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, § 16.
§ 123-4 Special permits.
A.
Special permit granting authority. Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.
B.
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.
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.
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.
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, § 17, for the grant thereof).
F.
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, § 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]
§ 123-5 Greater restrictions to control; conformance required.
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.
§ 123-6 Amendments to provisions.
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, § 5, and any amendments therein.
§ 123-7 Court appeals.
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, § 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.