Building Inspector. The office of the Building Inspector is responsible for the issuance of building permits. He 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 Bylaw and no permit shall be granted for a new use of a building, structure or land which use would be in violation of this Bylaw. When a special permit, site plan approval, or variance has been granted with conditions, such conditions shall be enforced by the Building Inspector.

Certificate of Occupancy. No use or occupation of land for any purpose for which a certificate of occupancy is required shall be made, in whole or in part, until such a certificate has been issued by the Building Inspector stating that the use of land and structure, if any, complies with this Bylaw and other applicable codes in effect at the time of issuance.

Building Inspector. The office of the Building Inspector is responsible for the enforcement of this Bylaw. The Building Inspector is also responsible for the enforcement of any conditions set forth in site plan approval, a special permit, or a variance.

Penalties. Any person violating any provision of this Bylaw, upon conviction, shall be fined $300 for each offense, and each day that such violation continues shall constitute a separate offense.

Noncriminal Disposition. In addition to the procedures for enforcement as described in the previous paragraph, the provisions of this Bylaw may be enforced by the Building Inspector by noncriminal complaint pursuant to the provisions of M.G.L. c. 40, s. 21D. The penalty for violation of any provision of this Bylaw shall be $25.00 for the first offense; $50.00 for the second offense; $100.00 for the third offense and $200.00 for the fourth and each subsequent offense.

Appointment; Organization. The Zoning Board of Appeals shall consist of three (3) regular members appointed by the Select Board, each member to be appointed for a term of 3 years, terms to be so arranged that the term of one member expires each year. The Select Board shall also appoint 2 associate members so that the Chair of the ZBA may designate any such associate member to sit on the board in case of absence, inability to act, or conflict of interest on the part of any member thereof, or in the event of a vacancy on the board. The 2 associate members shall be appointed such that their terms do not expire the same year. Vacancies shall be filled in the same manner as appointments. The Board of Appeals shall elect one of its members as chair and one of its members as clerk, each to serve for a one year term.

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 Bylaw. The Board's powers are as follows:

Regulations. The Board of Appeals may adopt rules and regulations for the administration of its powers.

Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.

Establishment. The Planning Board shall consist of 5 elected members and two appointed associate members.

Powers. The Planning Board shall have the following powers:

Associate Members of the Planning Board. Under M.G.L. c. 40A, s. 9, the Select Board shall appoint one associate member for a term of one year annually so that the chair of the planning board may designate an associate member to sit on the 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 of the board.

Regulations. The Planning Board may adopt rules and regulations for the administration of its powers.

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

Special Permit Granting Authority. When designated by this Bylaw, the Board of Appeals, the Select Board, and the Planning Board shall act as the Special Permit Granting Authority (SPGA).

Criteria. Special permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh 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 Bylaw, the determination shall include consideration of each of the following:

Procedures. An application for a special permit shall be filed in accordance with the rules and regulations of the Special Permit Granting Authority and M.G.L. c. 40A, s. 11.

Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this Bylaw. Such conditions may include, but are not limited to the following:

Referral. The Board of Appeals, Select Board and Planning Board, when serving as the SPGA, shall refer a special permit application to the Board of Health, Conservation Commission, and the Department of Public Works for written comments and recommendations before taking final action on said special permit application. The SPGA may refer a special permit application to any other town agency, board, or department for comments and recommendations if it so desires before taking final action on said special permit application. A public hearing on said referral shall not be required. Any such Board or Agency to which applications are referred for comment shall make its recommendations and send copies thereof to the SPGA and the applicant within 35 days of receipt of the referral request by said board or agency or there shall be deemed no opposition or desire to comment. The SPGA shall not act upon said special permit until either comments from referred board or agencies have been received, or said 35 days have elapsed, whichever is sooner. Applications referred to more than one board or agency may be reviewed jointly by said boards or agencies.

Plans. Unless otherwise provided by rule or regulation of the Special Permit Granting Authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of § 230-10.6, herein. The provisions of this Section shall not apply to applications for special permits pursuant to § 230-10.5 to alter a nonconformity. The Zoning Board of Appeals shall establish procedures governing such applications by regulation.

Regulations. Pursuant to M.G.L. c. 40A, s. 9, the Planning Board may adopt rules relative to the issuance of special permits. These rules and regulations may relate to the size, form, content and style of the plans and procedures for submission and approval of such special permits, and shall not be inconsistent with the General Laws and provisions of this Bylaw. The Planning Board may from time to time amend these rules. Copies of the rules shall be on file and available for review at the office of the Town Clerk.

Fees. The special permit granting authority 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 36 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 M.G.L. c. 40A, s. 17, from the grant thereof) with the Town Clerk.

Purpose. The purpose of site plan review is to ensure the design and layout of certain developments permitted as a matter of right, by special permit, or by variance. Site plan review is intended to promote suitable development that will not result in a detriment to the neighborhood or the environment.

Applicability. The following activities shall require site plan approval from the Planning Board:

Procedure. The Planning Board shall serve as the approval authority for site plan review. All decisions shall be made by a majority of the Board, as constituted. The Planning Board shall hold a public hearing for consideration of an application of site plan approval. Said hearing shall be conducted in accordance with the procedures set forth in M.G.L. c. 40A, s. 11 for special permits. The written decision of the Planning Board shall be filed with the Town Clerk within 90 days of the close of the public hearing. Failure to file the decision within 90 days of the close of the public hearing shall be constructive approval of the site plan application.

Site Plan Requirements. Plans subject to site plan review shall be prepared by a Registered Architect, Landscape Architect, or Professional Engineer licensed by the Commonwealth of Massachusetts. The site plan shall be prepared at a scale no greater than 1" = 40', and shall show the following:

Additional Application Requirements. The applicant shall also submit the following in accordance with Section 10.6.4:

Waiver of Technical Compliance. The Board may, upon written request of the applicant, waive any of the technical or procedural requirements of this Section where the project involves relatively simple development plans.

Decision; Criteria. Site plan approval shall be granted upon determination by the Board that the plan meets the following objectives. The Board may impose reasonable conditions at the expense of the applicant to promote these objectives. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Planning Board's Subdivision Rules and Regulations. The Planning Board shall use the parking, signage, landscaping and other performance standards prescribed in Article 230-6.0 of this Bylaw in considering all site plans, in order to promote the following goals:

Performance Guarantee. As a condition of site plan approval, the Planning Board may require that construction and site alteration permitted and specified by said approval be secured by one, or in part by one and in part by the other, of the methods set forth in M.G.L. c. 41, s. 81U (except for the statutory covenant).

Release of Guarantee. Performance guarantees may be released in whole or from time to time, in part, when the work has been satisfactorily completed in the opinion of the Planning Board. The Planning Board shall then release the interest of the town in such bond and return any bond or deposit to the person who furnished the same. Request for all releases shall be by certified, return receipt letter to the Planning Board and the Town Clerk and shall outline that portion of the work to be released and shall be accompanied by an engineer's or surveyor's certification that the work has been done in accordance with the requirements of the granted site plan approval. If the Planning Board determines that said construction or site alteration has not been completed, it shall specify in a notice sent by registered mail to the applicant and to the Town Clerk, the details wherein said construction or site alteration fails to comply with the site plan approval and upon failure to do so within 45 days after the receipt by said Town Clerk of said request by the applicant, all obligations under any bond shall cease and terminate by operation of law, and any deposit shall be returned. In the event that said forty-five day period expires without such specification, or without the release and return of the bond or return of the deposit as aforesaid, the said Town Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded.

Lapse. Site plan approval shall lapse after 3 years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Board upon the written request of the applicant.

Regulations. The Board may adopt reasonable regulations for the administration of site plan review.

Fee. The Board may adopt reasonable administrative fees and technical review fees for site plan review.

Appeal. Any decision of the Planning Board pursuant to this Section shall be appealed in accordance with M.G.L. c. 40A, s. 17 to a court of competent jurisdiction.

Purpose. The purpose of this Section is to provide for site plan review of religious uses, educational uses, and child care centers otherwise "exempt" pursuant to M.G.L. c. 40A, s. 3. These are items B.1, B.2 and B.3 in the Table of Use and Parking Regulations.[1]

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 and Parking Regulations, shall require site plan approval from the Planning 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:

Additional Required Information. The Planning Board my require additional information reasonably necessary to determine the scope of regulations that shall be applied to the Dover Amendment Use.

Decision. The Planning Board may approve, approve with conditions an application for site plan approval. In making its decision, the Board shall be guided exclusively by M.G.L. c. 40A, s. 3. Denial of an application shall be based solely on lack of qualifications under M.G.L. c. 40A, s. 3, or an incomplete application. The Board shall file a written decision with the Town Clerk within 90 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 Board's decision shall be made pursuant to M.G.L. c. 40A, s. 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. Section 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. 12102(b)(5). See also M.G.L. c. 40A, s. 3. 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 decide a request for reasonable accommodation by majority vote. 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.

Decision. After conducting an appropriate inquiry into the request for reasonable accommodation, the ZBA may:

Appeal. The ZBA's decision pursuant to this Section may be appealed to a court of competent jurisdiction in accordance with M.G.L. c. 40A, s. 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 a 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.