Cummington City Zoning Code

The Building Inspector shall be responsible for enforcing this Zoning By-Law and shall withhold a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of this By-Law or any amendments thereto; and no permit or license shall be granted for a new use of a building, structure or land if such use would be in violation of this By-Law or any amendment thereto.

The Board of Appeals shall consist of five (5) members and two (2) associate members to be appointed by the Selectmen as provided in M.G.L. Chapter 40A. Members shall act on all matters within its jurisdiction under this By-Law in a manner prescribed in M.G.L. Chapter 40A.

1. A Special Permit shall only be issued following a public hearing held within sixty-five (65) days after the filing of an application with the Special Permit granting authority, a copy of such application shall also be given to the Town Clerk forthwith by the applicant.

2. Certain classes of Special Permits shall be issued by the Board of Appeals when acting as the Special Permit Granting Authority (SPGA), other classes of Special Permits shall be issued by the Planning Board when acting as the SPGA, and other classes of Special Permits shall be issued by the Board of Selectmen when acting as the SPGA as specified in the Use Regulation Schedule, Section 5 of this Zoning By-Law or elsewhere in this Zoning By-Law.

3. A Special Permit shall only be issued if the Special Permit granting authority finds that such use meets the following conditions:

a. That the use is in harmony with the general purpose and intent of this Zoning By-Law;

b. That the use meets the use and dimensional requirements as specified in Sections 5 and 6 of this Zoning By-Law;

c. The Special Permit granting authority may also impose conditions, safeguards and limitations on time and use;

d. Additional Special Permit criteria are contained in Section 4-30.

4. Uses, which are accessory to scientific research, scientific development or related production activities permitted as a matter of right, whether or not such accessory uses are on the same parcel as the activities permitted as a matter of right, may be permitted upon the issuance of a Special Permit provided the Special Permit granting authority makes a finding that the proposed accessory use does not substantially derogate from the public good.

5. Special Permit applications shall be submitted to and reviewed by the Planning Board, Conservation Commission, Board of Health, Board of Appeals and Board of Selectmen. Any such board or agency to whom applications are referred for review shall make such recommendations as they deem appropriate and shall send copies thereof to the Special Permit granting authority and the applicant. Failure of any such board or agency to make recommendations within thirty-five (35) days of receipt by such board or agency of the application shall be deemed lack of opposition thereto.

6. Any Special Permit issued under this section shall lapse within one (1) year after its issuance if a substantial use thereof has not commenced sooner except for good cause, or in the case of construction, if construction thereof has not commenced sooner except for good cause. The time required to pursue or await determination of a judicial appeal pursuant to Chapter 40A of the General Laws, if any, shall be included within the one (1) year time limit.

The Town of Cummington shall not issue permits for the sighting or construction of personal wireless service facilities for a period of six (6) months from the effective date of this By-Law amendment, June 16^th, 2000 until December 16^th, 2000. This moratorium has been placed in effect for the period of six (6) months to allow for the examination of impacts and affects of personal wireless service facilities in the Town of Cummington.

1. The permit granting authority shall have the power after public hearing to grant upon petition or appeal with respect to particular land or structures, a dimensional or use variance from the terms of this Zoning By-Law.

2. A variance may only be issued pursuant to the required findings and other procedures as specified in Chapter 40A, Section 10 of the General Laws.

Whoever violates after ten (10) days written notice any of the provisions of these By-Laws whereby any act or thing is enjoined or prohibited, shall, unless other provisions are expressly made, forfeit and pay a fine not exceeding the maximum permissible by law for each offense, and each continuing day of such violation may be considered a separate offense.