8.0.1

There shall be a board of appeals to consist of five members to be appointed by the selectmen for terms of such length that the terms of one appointee will expire each year.

8.0.2

There shall be three associate members of the board of appeals, to be appointed by the board of selectmen for a term of such length that the term of one associate will expire each year.

8.0.3

The board of appeals shall have the power, after public hearing for which notice has been given by publication and posting as provided in section 11 of chapter 40A of the general laws and by mailing to all parties in interest, to grant upon appeal or upon petition with respect to particular land or structures, a variance from the terms of the applicable zoning ordinance or bylaw where such permit granting authority specifically find that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or bylaw would involve substantial hardship, financial or otherwise, to the petitioner or appellant, 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 such ordinance or bylaw. Except where local ordinances or bylaws shall expressly permit variances for use, no variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located provided, however, that such variances properly granted prior to January 1, 1976 but limited in time, may be extended on the same terms and conditions that were in effect for such variance upon said effective date.

8.0.4

The permit granting authority may impose conditions, safeguards, and limitations both of time and use, including the continued existence of any particular structures but excluding any condition, safeguards, or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner, or any owner.

8.0.5

If the rights authorized by a variance are not exercised within one year of the date of grant of such variance, they shall lapse, and may be re-established only after notice and a new hearing pursuant to this section.

8.1.1

This bylaw and any amendments thereto, shall be enforced by the building inspector. He shall issue no permit for the erection or alteration of any building or part thereof, plans and specifications and intended use of which are not in all respects in conformity with the provisions of this bylaw. With each application for a permit to build or alter, there shall be filed a plan showing the lot and the location of a building thereon.

8.1.2

No building shall be occupied until a certificate of occupancy has been issued by the building inspector where required.

8.1.3

The building inspector shall issue a cease and desist order on any work in progress or on the use of the premises, either of which are in violation of the provisions of this bylaw.

8.1.4

Construction or operations under a building or special permit shall conform to any subsequent amendment of this bylaw unless the use or construction is commenced within a period of six months after issuance of the permit and in the cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

8.1.5

Penalties.

a.

Non-criminal disposition/violations. Any violation of the provisions of this bylaw, the conditions of a permit granted under this bylaw, or any decisions rendered by the zoning board of appeals or planning board under this bylaw, shall be liable to a fine of not more than $100.00 for each violation. Each day such violation continues shall be deemed a separate offense.

In addition to the procedures for enforcement as described above, the provisions of this bylaw, the conditions of a permit granted under this bylaw, or any decisions rendered by the zoning board of appeals, or planning board under this bylaw, may be enforced, by the building commissioner, by non-criminal complaint pursuant to the provisions of general laws, chapter 40, section 21D. The fine for any violation disposed of through this procedure shall be $100.00 for each offense. Each day such violation continues shall be deemed a separate offense.

b.

Criminal disposition/violations. Persons violating any of the provisions of this bylaw shall be fined not less than $100.00 or more than $300.00 for each offense. Each day that such violation continues shall constitute a separate offense.

8.2.1

To accomplish the purposes set forth in section I of this bylaw as well as the specific goals of this paragraph, no building permit for the construction of new dwellings shall be issued until a plot plan showing that all property corners are bounded or pinned, existing and proposed grading, proposed building location, and all utilities certified by a person or persons registered under the General Laws of the Commonwealth of Massachusetts to practice architecture, engineering and/or land surveying has been submitted to the building official as part of the application for said building permit and approved in writing by him.

8.2.2

In the case of additions to existing structures or the construction of accessory buildings, a plot plan will not be required unless, in the opinion of the inspector of buildings, there may be a conflict in property line locations.

If a plot plan is required, the plot plan shall be prepared by a registered professional engineer and/or a registered land surveyor and submitted to the building official as part of the application for a building permit.