Building Permit. It shall be unlawful for any person to erect, construct, reconstruct, or alter a structure without applying for and receiving from the Building Commissioner a building permit.

Issuance. Such permits shall be applied for in writing to the Building Commissioner. The Building Commissioner shall not issue any such permit unless the plans for the building, and the intended use thereof in all respects fulfills the provisions of this chapter, except as may have been specifically permitted otherwise by action of the Board of Appeals, provided a written copy of the terms governing any such permission be attached to the application and to the resulting building permit issued. One copy of each such permit issued, including any conditions or exceptions attached thereto, shall be kept on file in the office of the Building Commissioner.

Plot Plan. Each application for a permit to build, alter, or move a building shall be accompanied by a plot plan in such numbers of copies and drawn to such a scale as is required by the Building Commissioner. Each such plot plan shall show dimensions and area of lots and of structures and sewage disposal systems, to be erected, altered or moved, and adjacent streets or ways. Such plot plans shall accurately indicate dimensions of all lot lines.

Building Commissioner. This chapter shall be enforced by the Building Commissioner. The Building Commissioner, upon being informed in writing of a possible violation of this chapter or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. The Building Commissioner, on evidence of any violation, after investigation and inspection shall give written notice of such violation to the owner and to the occupant of such premises. The Building Commissioner shall demand in such notice that such violation be abated and within a reasonable time, designated therein by the Building Commissioner. Such notice and demand may be given by mail addressed to the owner at the address appearing for him on the most recent real estate tax records of the Town of Easton and to the occupant at the address of the premises of such seeming violation.

Duties. The Building Commissioner shall withhold a permit for 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 chapter; and no permit or license shall be granted for a new use of a building, structure or land which use would be in violation of this chapter. If the Building Commissioner is requested in writing to enforce this chapter against any person allegedly in violation of the same and the Building Commissioner declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefore, within 14 days of receipt of such request.

Penalties. Penalties for violations of any provision of this chapter may, upon conviction, be affixed in any amount not to exceed $300 for each offense. Each day, or portion of a day, that any violation is continued shall constitute a separate offense.

Noncriminal Disposition. In addition to the procedures for enforcement as described in the previous paragraph, the provisions of this chapter may be enforced by the Building Commissioner by noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D. The penalty for violation of any provision of this chapter shall be $25 for the first offense; $50 for the second offense; $100 for the third offense and $200 for the fourth and each subsequent offense.

Membership. There shall be a Board of Appeals of five members and two associate members who shall be residents of the Town of Easton. As terms expire or vacancies occur, the Select Board shall make appointments pursuant to MGL c. 40A, § 12 and the Town Charter. Members shall serve without remuneration and shall be subject always to the rule that they shall give due consideration to the pertinent provisions of this chapter.

Powers of the Board of Appeals. The Board of Appeals shall have the following powers:

Rules and Regulations; Fees. The Zoning Board of Appeals shall adopt rules and regulations, including fees, for the conduct of business and for the purpose of this chapter and Chapter 40A of the General Laws, and shall file a copy of such rules and fees with the Town Clerk.

Establishment. The Planning & Zoning Board shall consist of five members and one alternate member appointed by the Select Board.

Powers. The Planning & Zoning Board shall have the following powers:

Rules and Regulations; Fees. The Planning & Zoning Board shall adopt rules and regulations, including fees, for the conduct of business and for the purpose of this chapter and Chapter 40A of the General Laws, and shall file a copy of such rules and fees with the Town Clerk.

Special Permit Granting Authority. The Board of Appeals, Planning & Zoning Board, and the Select Board shall be the Special Permit Granting Authority (SPGA) as specified in the various sections of this chapter and, when designated herein, shall hear and decide applications for special permits.

Criteria. Special permits shall be granted by the SPGA, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not out weigh 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 in this chapter, the determination shall include consideration of each of the following:

Application. The SPGA may adopt additional rules relative to the issuance of special permits and shall file a copy with the Town Clerk. The rules shall prescribe a size, form, contents, style, and number of copies of plans and specifications and the procedure for submission and approval of such permits.

Conditions. The SPGA may impose additional conditions and limitations as it may deem necessary.

Regulations. The SPGA may adopt rules and regulations for the administration of this Section.

Fees. The SPGA may adopt reasonable administrative fees and technical review fees for applications for special permits.

Lapse. 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 MGL c. 40A, § 17, from the grant thereof) with the Town Clerk.

Applicability; Non-Residential Districts. No commercial, industrial, business, institutional, recreational, or educational use and no apartment, multiple or attached dwellings, municipal or school building, public utility structure, or parking lot, shall be constructed or externally enlarged, and no such use or structure shall be expanded or established in an building not theretofore used for such purposes, except in conformity with a site plan bearing an endorsement of approval by the Planning & Zoning Board.

Applicability; Residential Districts. No multiple or attached dwellings, school building, parking lot, or public utility structure and no institutional, recreational, or educational use shall be constructed or externally enlarged, and no such use or structure shall be expanded or established in an building not theretofore used for such purposes, except in conformity with a site plan bearing an endorsement of approval by the Planning & Zoning Board.

Site Plan Requirements. The site plan shall show or the accompanying materials shall detail:

Procedure. Any person desiring approval of a site plan under this Section application packages to the Planning & Zoning Board, the contents, number, and format of which may be required in its rules and regulations. The Planning & Zoning Board will review the application and plans and circulate the application to the Fire and Police Departments, the Building Commissioner, the Land Use Agent, Handicap Advisory Committee, and other Boards and Committees and Town Departments, as requested. The Planning & Zoning Board may also require the employment of outside consultants such as may reasonably be required to perform design and engineering review, and may impose fees to charge for such pursuant to MGL c. 44, § 53G.

Criteria for Evaluation. The Planning & Zoning Board will review the application and plans and determine whether the application conforms to this chapter, and, in considering a site plan under this section, shall assure, to a degree consistent with Site Plan Guidelines established hereunder and a reasonable use of the site for the purposes permitted or permissible by the regulations of the district in which located:

Conditions.

Decision. The Planning & Zoning Board shall file its decision with the Town Clerk within 90 days of the receipt of the application. Failure to file a decision within this time period shall be deemed a constructive approval of the application. This deadline may be extended by agreement of the applicant and the Planning & Zoning Board. Any such extension shall be filed forthwith with the Town Clerk.

Regulations. The Planning & Zoning Board may adopt rules and regulations for the administration of this Section.

Fees. The Planning & Zoning Board may adopt reasonable administrative fees and technical review fees for applications for special permits.

Lapse. Site plan approval 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 decision (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.

Appeal. The decision of the Planning & Zoning Board may be appealed in accordance with MGL c. 40A, § 17 to a court of competent jurisdiction.

Purpose. The purpose of this Section is to provide for site plan review of religious, educational, and child care centers otherwise "exempt" pursuant to MGL c. 40A, § 3.

Site Plan Review Required. Prior to the issuance of any building permit or certificate of occupancy, the establishment, alteration, change, extension, or reconstruction of uses B.1, B.2, or B.3, as set forth in the Table of Use Regulations, shall require site plan approval from the Planning & Zoning Board pursuant to this Section.

Scope of Site Plan Review. Under this Section, Site Plan Review shall be limited to two inquiries:

Required Information. All applications for Site Plan Review shall be in writing and provide, at a minimum, the following information:

Site Plan; Contents. In addition, the applicant shall submit a site plan with the following information:

Decision. The Planning & Zoning Board may approve, approve with conditions, or deny an application for site plan approval. In making its decision, the Board shall be guided exclusively by MGL c. 40A, § 3. The Board shall file a written decision with the Town Clerk within _____ days of receipt of the application. Failure to file a decision within 90 days shall constitute approval of the site plan.

Appeal. Any appeal of the Planning & Zoning Board's decision shall be made pursuant to MGL c. 40A, § 17, to a court of competent jurisdiction.

Purpose. Under the FHA, it is a discriminatory practice to refuse to make "a reasonable accommodation in rules, policies, practices, or services when such accommodation may be necessary to afford [a handicapped] person equal opportunity to use and enjoy a dwelling." 42 U.S.C. § 3604(f)(3)(B). The same standard applies under the ADA, which also addresses nonresidential facilities providing services to persons with disabilities. 42 U.S.C. § 12112(b)(5). The purpose of this Section is to facilitate housing and/or services for persons with disabilities and to comply fully with the spirit and the letter of the FHA and, where applicable, the ADA.

Request. Any person eligible under the FHA or any provider of housing to persons eligible under the FHA, or any person eligible to operate a nonresidential facility providing services to persons eligible under the ADA, may request a Reasonable Accommodation as provided by the Fair Housing Act and/or the ADA. A Request for a Reasonable Accommodation does not affect a person's or provider's obligations to act in compliance with other applicable laws and regulations not at issue in the requested accommodation.

Zoning Board of Appeals. All requests for Reasonable Accommodation under the FHA and/or the ADA shall be submitted to the Zoning Board of Appeals (ZBA).

Information. All requests for Reasonable Accommodation shall be in writing and provide, at a minimum, the following information:

ZBA Procedures. The ZBA shall hold a public hearing using the procedures, including notice, set forth in MGL c. 40A, §§ 11 and 15. The deadlines imposed in MGL c. 40A, § 11 or § 15 may be extended upon the request of the applicant and the approval of the ZBA. The ZBA may seek information from other Town agencies in assessing the impact of the requested accommodation on the rules, policies, and procedures of the Town. Upon written notice to the ZBA, an applicant for a Reasonable Accommodation may withdraw the request without prejudice. The ZBA shall consider the following criteria when deciding whether a request for accommodation is reasonable:

Decision.

Appeal. The ZBA's decision pursuant to this section may be appealed to a court of competent jurisdiction in accordance with MGL c. 40A, § 17 or otherwise.

File. The ZBA shall maintain a file of all requests for Reasonable Accommodation under the FHA and/or the ADA and a file of all decisions made on such requests. The file(s) may be reviewed in the Office of the ZBA upon request during regular business hours.

Other Laws. While a request for Reasonable Accommodation is pending, all laws and regulations otherwise applicable to the premises that is the subject of the request shall remain in full force and effect.

Effective Date. The provisions of this Section shall apply only to requests for Reasonable Accommodation made after May 16, 2016. Any person who has previously submitted a request for Reasonable Accommodation may resubmit the request for processing pursuant to the procedures set forth in this Section.