Carver City Zoning Code

This By-Law shall be administered by the Building Inspector. Pursuant to the State Building Code, the Building Inspector may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the Commonwealth. Buildings, structures or signs may not be erected, substantially altered, moved, or changed in use and land may not be substantially altered or changed in principal use without written certification by the Building Inspector that such action is in compliance with then-applicable zoning, and that all necessary permits have been received under federal, state, or local law. Issuance of a Building Permit or Certificate of Use and Occupancy, where required under the Commonwealth's State Building Code, may serve as such certification.

The Building Inspector shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this By-Law and of permits and variances issued thereunder, including notification of noncompliance and request for legal action through the Select Board to Town Counsel.

The penalty for violation of any provision of this By-Law, of any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals shall be up to three hundred dollars ($300.00) for each offense. Each day that each violation continues shall constitute a separate offense.

There is hereby established a Board of Appeals which shall consist of five (5) members and two (2) associate members, who shall be appointed and act in all matters under this By-Law in the manner prescribed in G.L. c. 40A.

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 By-Law. The Board's powers are as follows:

The Board of Appeals shall hold public hearings in accordance with the provisions of the General Laws, with regard to all appeals and petitions brought before it.

Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.

Special permit applications and decisions shall be governed by the filing and public hearing requirements set forth in G.L.c. 40A, s.9. The S.P.G.A. shall have the ability to adopt rules and regulations governing the granting of special permits following the procedures set forth in G.L.c.40A.

Special permits may be granted by the S.P.G.A. upon its written determination that benefits of the proposed use outweigh its detrimental impacts on the town and the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any criteria set forth in specific provisions of this by-law, the determination shall include consideration of each of the following:

Whenever an application for a special permit is filed with a S.P.G.A., the applicant shall also file, within three (3) working days of the filing of the completed application with said authority, copies of the application, accompanying site plan, and other documentation, to the Board of Health, Conservation Commission, Building Inspector, Director of Public Works, Police Chief, Fire Chief, and the Town Planner for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copies of required information and documentation have been filed with the S.P.G.A. Said authority shall notify applicants by registered mail, within 14 days of submittal, of incomplete application status, and the applicant shall have 14 days from the mailing of such notice to complete an application. Failure to either complete an application within such time or to request permission to withdraw the incomplete application without prejudice prior to the publication of the notice of the public hearing thereon, shall result in a denial of the application on the ground that it is incomplete. Reports from other boards and officials shall be submitted to the S.P.G.A. by the date of the public hearing, but in any case within thirty-five (35) days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the S.P.G.A. is held prior to the expiration of the 35 day period, said authority shall continue the public hearing to permit the formal submission of reports and recommendations within that 35 day period. The Decision/Findings of the S.P.G.A. shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.

Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the S.P.G.A. may deem necessary to serve the purposes of this By-Law.

An applicant for a special permit shall submit a plan in substantial conformance with the requirements of §§ 290-3-1.2 and 290-3-1.3, herein.

Unless otherwise noted herein, special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof) with the Town Clerk.

The Planning Board shall have one Associate Member, who shall be eligible to participate in matters in which the Planning Board is acting as the Special Permit Granting Authority, in accordance with G.L. c. 40A, § 9. The Associate Member shall be appointed for a three-year term by majority vote of the Select Board and the Planning Board, each person having one vote. 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 application in the case of absence, inability to act, or conflict of interest, on the part of any member of the Planning Board or in the event of a vacancy on the Planning Board.

This by-law may from time to time be changed by amendment, addition, or repeal by the Town Meeting in the manner provided in G.L. c. 40A, s.5, and any amendments thereto.

The provisions of this by-law shall not be abrogated by any private restriction, easement, covenant or agreement relative to the use of land governed hereunder. This by-law shall not interfere with any other town by-law, rule or regulation which is more restrictive; where this by-law is more restrictive, it shall control.

Construction or operations under a Building Permit shall conform to any subsequent amendment of this by-law unless the use or construction is commenced within a period of six (6) 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.

The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision herein.