(A)

Definition. A modification is a dimensional variance granted by the zoning enforcement officer. The zoning enforcement officer is authorized to approve modifications to the required side yard, rear yard, and maximum lot coverage dimensions that are specified in the table below.

(B)

Application. To request a modification, an applicant shall complete an application form and submit it to the zoning enforcement officer. If the modification is five (5) percent or less, the zoning enforcement officer has the authority to grant a permit for the modification without public notification. The zoning enforcement officer shall approve modification within ten (10) days if he or she finds that all of the following criteria are satisfied:

(1)

The modification is reasonably necessary for the full enjoyment of the permitted use.

(2)

The modification will not substantially injure or substantially impair the appropriate use of neighboring property.

(3)

The modification would not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations.

(4)

The modification would not violate any rules or regulations with respect to freshwater wetlands.

(C)

Public notice. If the zoning enforcement officer finds that all of the criteria in subsection (B), above, are satisfied, and the modification is five (5) percent or less, the zoning enforcement officer shall issue a modification permit. If the zoning enforcement officer finds that all of the criteria in subsection (B), above, are satisfied, and the applicant is requesting a modification of more than five (5) percent, notice of the modification application shall be published in a newspaper of local circulation in Hopkinton and shall be sent by first class mail to the owners of property abutting the property that is the subject of the modification application. The notice, which shall include the street address of the property, shall state that the modification will be granted unless written objection is received within fourteen (14) days. The applicant shall pay for the postage and advertising.

(D)

Issuance of permit. If no written objection is received within fourteen (14) days, the zoning enforcement officer shall issue a modification permit. The zoning enforcement officer may apply any special conditions to the permit that are necessary to ensure that the modification complies with the intent and purposes of the zoning ordinance.

(E)

Denial or objection. If written objection is received within fourteen (14) days, or if the zoning enforcement officer denies the modification application, the modification application shall be scheduled for hearing as an application for a dimensional variance before the zoning board of review, or before the planning board under unified development review. The notice and advertising requirements applicable to variances shall apply.

(F)

Records to be kept. The zoning enforcement officer shall keep a record of all modification applications, determinations, objections received, and special conditions applied to any permits.

(Ch. 134, § 13, 12-17-94; Ch. 208, 4-21-08; Ch. 292, §(Exh. I), 12-4-23)