East Longmeadow City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 450-7.0 Zoning Board of Appeals.
A.
Membership.
(1)
The Board of Appeals shall consist of five members. The Town Manager shall appoint members of the Board of Appeals pursuant to MGL c. 40A, § 12. The Town Manager shall also appoint two or more associate members of the Board of Appeals as provided in MGL c. 40A, § 12.
[Amended 4-12-2022]
(2)
The Board of Appeals shall have the powers provided by MGL c. 40A, § 14.
B.
Appeals.
(1)
Appeals to the Board of Appeals may be taken by any person aggrieved by reason of their inability to obtain a permit or enforcement action from any administrative office under the provisions of said Chapter 40A, or by any person, including an officer or board of the Town or of an abutting town, aggrieved by an order or decision of the Building Commissioner, or other administrative official, in violation of any provision of said Chapter 40A or the Zoning Bylaw of the Town of East Longmeadow.
[Amended 4-12-2022]
(2)
Such appeal shall be taken by the Board within 30 days from the date of the order or decision which is being appealed, by filing a notice of appeal with the Town Clerk in accordance with the provisions of Chapter 40A.
C.
Variances. Petitions for variances from the terms of the applicable zoning provisions shall be dealt with by the Board of Appeals in accordance with Chapter 40A of the General Laws, as amended. The Board shall grant no variances which would amount to an amendment of this bylaw. A variance may be granted only if the Board finds that owing to circumstances relating to the soil conditions, shape or topography of land or structures and especially affecting such land or structures but not generally affecting the zoning district in which they are located, a literal enforcement of the provisions of the bylaw would involve substantial hardship, financial or otherwise, to the petitioner and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the bylaw. A variance is permission to depart from the literal enforcement of the Zoning Bylaw with respect to setback, side yard, frontage and lot size, but not involving use or structures.
[Amended 4-12-2022]
D.
Quorum requirement. Four members of the Zoning Board of Appeals must be present in order to hold a public hearing. Only members who attend the public hearing may vote on a variance decision.
E.
Restrictions. In carrying out the provisions above, the Board may impose, as a condition of its decision, such restriction as to manner and duration of use as will in its opinion safeguard the legitimate use of the property in the neighborhood and the health and safety of the public, and conform to the intent and purpose of this bylaw. Such restrictions shall be stated in writing by the Board and made a part of the permit or variance. No variance shall be conditioned on the continued ownership of the land or structures by the petitioner to whom the variance was issued.
F.
Two years before next appeal. No petition considered under the bylaw that has been unfavorably acted upon by the Board of Appeals shall be again considered on its merits by said Board within two years after the date of such unfavorable action unless the Board of Appeals and Planning Board consent thereto under the provisions of MGL c. 40A, § 16, as amended.
G.
Procedures. Appeals, applications and petitions authorized by this bylaw and/or by Chapter 40A of the Massachusetts General Laws shall be taken and/or filed as provided in MGL c. 40A, §§ 15 through 17. All hearings, meetings and other proceedings conducted by the Board of Appeals shall comply with Chapter 40A of the Massachusetts General Laws.
[Amended 4-12-2022]
§ 450-7.1 Enforcement.
A.
Building Commissioner duties.
(1)
The Building Commissioner shall enforce the provisions of the bylaw and amendments as hereinafter provided. No building shall be constructed, altered, moved or changed in use in the Town without a permit from the Building Commissioner. Such permit shall be withheld unless such construction, alteration or proposed use is in conformity with all the provisions of this bylaw. Where a special permit is required pursuant to the provisions of the bylaw, or where an appeal or petition involving a variance is pending, the Building Commissioner shall issue no such permit except in accordance with written decision of the Planning Board (as special permit granting authority) and/or the Zoning Board of Appeals.
[Amended 4-12-2022]
(2)
The general duties and responsibilities of the Building Commissioner shall be in accordance with any or all action necessary to enforce full compliance with any or all provisions of this bylaw and the conditions and stipulations of permits and variances issued hereunder, including notification of noncompliance, together with requests for legal action through the Town Manager to the Town Counsel.
[Amended 4-12-2022]
(3)
If the Building Commissioner shall be informed or have any reason to believe that any provision of this bylaw or any permit or decision hereunder has been, is being or is about to be violated, the Building Commissioner shall make an investigation of the facts, including the inspection of the premises where the violations may exist.
(a)
If, in the opinion of the Building Commissioner, a violation exists, the Building Commissioner shall issue an order to cease and desist or to correct the violation.
(b)
If, after such order, such violation continues and no appeal to the Board of Appeals is taken within 30 days, the Town Manager shall, upon notice from the Building Commissioner, forthwith make applications to the Superior Court for an injunction or order restraining the violation and shall take such other action as is necessary to enforce the provisions of the bylaw.
[Amended 4-12-2022]
(c)
If, after action by the Building Commissioner, appeal is taken to the Board of Appeals, and after a public hearing the Board of Appeals finds that there has been a violation or prospective violation, the Building Commissioner shall issue an order to cease and desist and refrain from such violation unless such order has been previously issued. If such then continues, the Town Manager shall, upon written notice from the Building Commissioner, forthwith make application to the Superior Court or Land Court for an injunction or order restraining the violation and shall take such other action as may be necessary to enforce this bylaw.
[Amended 4-12-2022]
(d)
Where written complaint is made to the Building Commissioner, the Building Commissioner shall take action upon such complaint within 14 days of receipt thereof and shall report such action in writing to the complainant and Planning Board.
(e)
If the Zoning Enforcement Officer finds no violation or prospective violation, any person aggrieved by the Zoning Enforcement Officer's decision, or any officer or board of the Town, may within 30 days appeal to the Board of Appeals.
B.
Penalties.
(1)
Whoever violates any provision of this bylaw, or any of the conditions of a permit or special permit, may be penalized by a complaint brought in the District Court Trial Department, by a fine of not more than $300 for each violation or offense, and each day on which a violation occurs shall constitute a separate offense.
(2)
In addition to the procedures described above, the provisions of this bylaw may also be enforced by the Building Commissioner by noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D. Each day on which a violation exists shall be deemed to be a separate offense. The penalty for violation of any provision of this bylaw shall be $100 for the first offense; $200 for the second offense; and $300 for the third and each subsequent offense.
C.
Filing plot plan. Unless otherwise ordered by the Building Commissioner, all applications for building permits under the provisions of the Building Code of the Town of East Longmeadow shall be accompanied by the plans in duplicate. Such plans shall be drawn to scale, shall show the actual dimensions, radii and angles of the lot to be built on, the exact size and location on the lot of the main building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this bylaw, and amendments thereto. One copy of the plans filed by the applicant shall be returned to the applicant when approved by the Building Commissioner.
D.
Certificate of occupancy.
(1)
No land shall be occupied or used, and no building or structure hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose until a certificate of occupancy is issued by the Building Commissioner stating that the building, structure or use complies with the provisions of this bylaw.
(2)
No such certificate shall be issued unless the building or structure and its uses, as well as the uses of all the premises, are in conformity with the provisions of this bylaw.
(4)
Upon completion of any building or structure, and prior to the use of any such building, structure or premises, a certificate of occupancy shall be applied for on a form furnished by the Building Commissioner. Such application shall be acted upon within 10 days after the filing thereof.
§ 450-7.2 Amendments.
This bylaw, and all the maps incorporated in it, may be amended as provided in Chapter 40A of the Massachusetts General Laws.
§ 450-7.3 Severability.
The invalidity or deletion of any section or provision of this bylaw shall not invalidate any other section or provision thereof.
§ 450-7.4 Repeal of previous bylaws.
Any existing bylaws or any parts thereof inconsistent with this bylaw are hereby repealed.
§ 450-7.5 Previous permits.
Nothing in this bylaw shall require a change in the plans, construction or designated use of any structure on land for which a special permit is in effect at the time of adoption of this bylaw, or on which a building permit has been issued; subject, however, to any expiration term of such a special permit or to MGL c. 40A, § 5. The special permit granting authority may require any such special permit to conform with some or all requirements of this bylaw, if it is reviewed, amended, modified or transferred.