Lunenburg, MA Zoning Ordinance

§ 250-8.1 Permits.

No building shall be built, erected, reconstructed, moved, placed, externally altered or changed in use without a permit from the Building Commissioner. With each application for such a permit, there shall be filed a plan as described in § 250-6.3. Construction or operations covered by the permit which are not begun within six months of the issuance of the permit or construction not continued through to completion as continuously and expeditiously as is reasonable shall conform to any subsequent applicable amendment to this bylaw.

§ 250-8.2 Enforcement; violations and penalties.

The Building Commissioner shall issue no permit for a building, structure or use which would be in violation of this bylaw. Where authorization by the Board of Appeals or the Planning Board is also required, no permit shall be issued until such authorization is granted and any conditions imposed by said Board shall be made a part of the permit.

The Building Commissioner shall take appropriate action in the name of the Town of Lunenburg to prevent, correct, restrain or abate violations of this bylaw. Any person violating any of the provisions of this bylaw shall be subject to a fine not exceeding $300 for each offense. Each day that such violation continues shall constitute a separate offense.

Noncriminal disposition. In addition to the procedures for enforcement described above, the provisions of this Zoning Bylaw may also be enforced by the Building Commissioner, by noncriminal disposition 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 provisions of this bylaw 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.

Special permit granting authority.

(1)

Unless otherwise designated in this bylaw, the Board of Appeals is the special permit granting authority.

(2)

When the Planning Board or Selectmen are designated the special permit granting authority, they shall act as provided by Chapter 40A of the General Laws, the rules and regulations they have adopted in accordance with Chapter 40A and the provisions established in this section for the Board of Appeals acting as the special permit granting authority.

§ 250-8.3 Board of Appeals.

Establishment. There is hereby established a Board of Appeals of five members and three associate members, who shall be appointed by the Board of Selectmen in accordance with the provisions of MGL c. 40A, § 12, as amended.

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

(1)

To hear and decide appeals in accordance with MGL c. 40A, § 8, as amended, from any person aggrieved by reason of his inability to obtain a permit or enforcement action from the administrative officer or board in the Town or from the regional planning agency, abutting city or town or other administrative official.

(2)

To hear and decide in accordance with the provisions of MGL c. 40A, § 9, as amended, application for special permits. including:

(a)

Permits for uses requiring authorization of the Board of Appeals as specified in §§ 250-4.2B, 250-4.3D, 250-4.5C, and 250-4.6C.

(b)

Permits for lots with lot areas, setbacks or yard areas less than those otherwise required or provided in §§ 250-5.1E, 250-5.2B(1) and 250-5.2G.

(c)

Permits to change, alter, extend and/or repair a nonconforming use/structure as provided in §§ 250-7.3 and 250-7.4, subject to such conditions as the Board may impose in accordance with Subsection C(2) below.

(d)

The Board of Appeals may grant a special permit to vary dimensional requirements upon its determination that the exception will not create undesirable conditions caused by overshadowing or loss of privacy, that access to utility and public services will be adequate, and within the standards listed below. Dimensional requirements may be exceeded by special permit so as to conform to the average height, setbacks or other relevant dimensions of existing principal buildings fronting on the same street or within 500 feet of the premises.

[1]

Standards. In granting the special permit, the Board shall find that the permit may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of this bylaw (see §§ 250-4.2B, 250-4.5C, 250-4.6C and Subsection B of this section), and shall find that:

[a]

The specific site is an appropriate location for such building or alteration;

[b]

The proposed building or alteration is compatible with the existing neighborhood with regard to size, location and architecture;

[c]

The granting of the special permit will not adversely affect the neighborhood;

[d]

The granting of the special permit will not unreasonably diminish the available light, air, sunlight, and other amenities; and

[e]

There will be no nuisance or serious hazard to vehicles or pedestrians.

[2]

Conditions. The Board of Appeals may impose any conditions deemed necessary to achieve the purpose of this bylaw, such as, but not limited to, the following:

[a]

Greater than minimum yard requirements;

[b]

Modification of exterior appearance;

[c]

Limitation of size, occupancy, or extent of facilities;

[d]

Regulation of traffic and site plan features, including additional off-street parking;

[e]

Screening of parking areas or other premises from view by use of appropriate wall, fence, or planting;

[f]

Control of the number, location, size, and lighting of signs;

[g]

Additional design and siting modifications where appropriate.

(3)

To hear and decide petitions for variances in accordance with MGL c. 40A, § 10, as amended, from the terms of this bylaw where the Board specifically finds that owing to circumstances relating to the soil conditions, shape or topography of such land or structures, but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the 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 the bylaw, provided that:

(a)

No variance within the Water Supply Protection District will be allowed through the Zoning Board of Appeals without a written advisory report from the Board of Health. Review and recommendation of the Planning Board and the Conservation Commission shall also be considered in the granting of the variance.

(4)

To hear and decide appeals as provided in Chapter 40B of the General Laws.

Procedure.

(1)

In exercising the powers granted by Subsection B above, the Board of Appeals shall act in accordance with the provisions of M.G.L. c. 40A, §§ 9, 11, 14, 15 and 16.

[Amended 11-13-2018 STM by Art. 12]

(2)

In granting any special permit, the Board of Appeals shall assure that the proposed use:

(a)

Will not be injurious or dangerous to the public health or unduly hazardous because of traffic congestion, danger of fire or explosion or other reasons.

(b)

Will not have a material adverse effect on the value of land and buildings in the neighborhood or on the amenities of the neighborhood.

(c)

Will be operated with reasonable regard for order and sightliness, if an open use.

(d)

Will not produce noise, vibration, smoke, dust, odor, heat or glare observable at the lot lines in amounts clearly detrimental to the normal use of adjacent property.

(3)

[1]Any approval granted by the Board of Appeals for a special permit shall lapse within two years from the grant thereof and time for an appeal as provided in MGL c. 40A, § 17, if a substantial use thereof has not sooner commenced or, in the case of a permit for construction, if construction has not begun by that date. A special permit is further limited by the six-month period provided in § 250-8.1.

[1]

Editor’s Note: Former Subsections (3) and (4) were repealed 11-13-2018 STM by Art. 12. The article also renumbered former Subsection (5) as Subsection (3).

§ 250-8.4 Site plan approval.

[Amended 5-7-2016 ATM by Arts. 37 and 40]

Purpose. The purpose of the Site Plan Review Bylaw hereby established is to protect the safety, public health, convenience and general welfare of the inhabitants of the Town by ensuring that the design and layout of certain developments permitted by right or by special permit will constitute suitable developments and will not result in a detriment to the neighborhood or the environment.

Applicability. Projects requiring site plan review:

[Amended 8-22-2016 STM by Art. 9]

(1)

New construction or exterior expansion of any nonresidential building or multifamily dwelling containing more than four units. "Expansion" shall include a floor space increase of 5,000 square feet or 25% or more within any ten-year period, whichever is less.

(2)

The construction or enlargement of any multifamily dwelling containing more than four units, or buildings accessory to such dwellings, including such dwellings on contiguous lots under the same ownership.

(3)

The construction or rehabilitation of a building involving 10 or more parking spaces.

(4)

The construction, reconfiguration or renovation of parking facilities, with the exception of normal maintenance.

(5)

Any use designated that is granted a special permit or variance by the Zoning Board of Appeals.

(6)

Any change of use within an existing building or site.

(7)

Any child-care facility.

Procedure.

(1)

Applications are to be prepared in accordance with the Planning Board Rules and Regulations for Site Plan Approval and Special Permit. These plans are to be submitted to the Planning Office in the number outlined in the aforementioned document.

(2)

Public hearing on site plans.

(a)

The Planning Board shall hold a public hearing within 65 days of the receipt of a complete application and shall take final action within 90 days from the time of the hearing, as provided for in MGL c. 40A, §§ 9 and 11.

(b)

The Planning Board's final action, rendered in writing, shall consist of either:

[1]

Approval of the site plan based upon determination that the proposed plan will constitute a suitable development and is in compliance with the standards set forth in this bylaw; or

[2]

Disapproval of the site plan based upon a determination that the proposed plan does not meet the standards set forth in this bylaw; or

[3]

Approval of the site plan subject to any condition, modification or restriction required by the Planning Board which will ensure that the project meets the standards set forth in this bylaw.

(3)

Failure of the Board to take final action upon an application for site plan review within the time specified above shall be deemed to be approval of said application. Upon issuance by the Town Clerk of an appropriate certification that the allowed time has passed without Planning Board action, the required building permits may be issued.

Site design principles. All site plan review applicants shall adhere to the following general principles when designing a site plan for land within the Town of Lunenburg.

(1)

Landscaping within the setbacks. Applicants are expected to design setbacks with landscaping, maintain the landscaping and replace any landscaping that has not fully established itself. Front yard setback landscaping shall consist of street trees, low-level plantings and other visually unobtrusive flora. Landscaping shall be situated in a manner such that vehicular and pedestrian sight lines are not restricted.

(2)

Driveways and curb cuts. Entrance and exit location shall be designed to facilitate safe traffic movement both on and off the site as well as internally. Curb cuts are limited to as few as practicable for the length of street frontage with adequate separation from adjacent parcels, other curb cuts and intersections.

(3)

Service roads/connection of parking lots. To minimize turning movements onto adjacent public ways, developers are encouraged to provide internal circulation systems (service roads) that connect to adjacent developments (parking area to parking area). Site plans that propose service roads and/or connection of parking areas shall show on the plan how the connection of parking areas will be achieved and have a deeded agreement and easement from the abutter.

(4)

Parking and loading areas.

(a)

Access locations shall be designed to encourage unimpeded traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic.

(b)

Facilities and access routes for deliveries, service and maintenance shall be separated, where practical, from public access routes and parking areas.

(c)

Parking facilities shall be designed to prevent parked cars from damaging trees, shrubs and curbing, and shall not disrupt pedestrian walkways.

(d)

Walkways shall be separated from areas of vehicular traffic and designed to minimize stormwater runoff while maximizing access.

(e)

These facilities shall include appropriate landscaping, pedestrian access and multi-modal parking accommodations.

(5)

Stormwater management (grading and drainage). All site plans shall be designed to comply with DEP (Department of Environmental Protection) Stormwater Management Standards. Furthermore, the use of low-impact development, infiltration of stormwater and reduction of impervious surface are strongly encouraged.

(6)

Lighting. Lighting designs shall be Dark Sky compliant. This includes all exterior lights being designed and installed in such a manner as to prevent objectionable light at (and glare across) the property lines. Developments shall eliminate glare onto adjacent properties through the use of lighting shields, earthen berms, addition of new landscaping and/or retention of existing natural vegetation.

Standards for site plan review. In reviewing a site plan application, the Planning Board shall take the following items into consideration:

(1)

Compliance with all applicable provisions of the Lunenburg Protective Bylaw; Planning Board Rules and Regulations for Site Plan Approval and Special Permit; and Subdivision Regulations.[1]

[1]

Editor's Note: See Ch. 325, Subdivision Regulations.

(2)

Traffic safety and ease of access at street and highway entrances and exits, to be determined by:

(a)

The adequacy of grades;

(b)

The presence of sight distances that are appropriate for the design speed of the road, as determined by AASHTO;

(c)

Minimum safe distance between such exits and entrances; and

(d)

The existence of proper alignment or safe distance from proximal existing street(s) and driveway entrances.

(3)

Safety and adequacy of driveway layout and pedestrian walkways; off-street parking areas; off-street loading areas for materials and products; to be determined by:

(a)

Adequate access for service and emergency vehicles;

(b)

Proper separation of pedestrian and vehicular facilities;

(c)

The presence of separate facilities for delivery of goods; and

(d)

Acceptable traffic patterns to/from the site entrance/exit and within the parking facilities.

(4)

Safe and adequate means of disposal of sewage, garbage and rubbish.

(5)

Safe and adequate water supply and distribution; including sufficient water and facilities for firefighting on the site.

(6)

Safe and adequate storm drainage consistent with:

(a)

Building and surface coverage;

(b)

Grade and slopes;

(c)

Soils; and

(d)

Water table.

All of which shall result in zero increase in the rate of runoff from the site, as measured by the two-year (twenty-four-hour) and ten-year (twenty-four-hour) storm event standards; and there will be no negative impacts to downstream property owners in a one-hundred-year (twenty-four-hour) storm event. The stormwater system shall meet all the requirements and standards of the Massachusetts Stormwater Management Standards, as amended.

(7)

Prevention of soil erosion during and after construction; provisions for an increase in the volume of runoff of surface water from the site and the protection of adjacent areas against detrimental or offensive uses on the site by the provision of adequate buffers against light, sight, sound, dust and vibrations.

(8)

Open space provisions and landscaping, including the maximum retention of on-site natural features.

(9)

Placement of underground utilities, night lighting and signs.

(10)

Compatibility of soil and subsoils to type and intensity of development.

(11)

No exterior lighting shall shine directly on adjacent properties, or in such a manner as to create a nuisance on such properties or a hazard on public ways. To ensure exterior lighting conforms to this provision the following conditions shall be met:

(a)

For the proposed use, all lighting installed shall conform to the standards outlined in The Illuminating Engineering Society of North America Lighting Manual.

(b)

All lighting, with the exception of security lighting, shall be turned on no earlier than one-half hour prior to the business opening and turned off no later than one-half hour after the business closing.

(c)

The lighting plan shall meet the requirements outlined in the "Lighting Plan Submissions" section of the Dark Sky Society's 2009 Guidelines for Good Exterior Lighting Plans, as amended.

(d)

All fixtures using LED lighting shall be in the range of "warm-white" or shall be filtered LEDs that meet the standard of CCT < 3,000 K or have an S/P ratio of < 1.2.

(12)

Snow storage areas shall be shown on the site plan and shall not interfere with sight distances at points of ingress/egress to a site or pedestrian/vehicle circulation, nor shall they adversely impact surrounding water bodies, streams, wetlands, or other resource areas as defined in MGL c. 131, § 40, and the Lunenburg Wetlands Bylaw, as amended.[2]

[2]

Editor's Note: See Ch. 239, Wetlands Protection.

Modifications to an approved site plan. Once a site plan has been approved by the Planning Board, said plan shall not be changed, amended or modified without approval of the Board. There shall be only one final site plan in effect for a parcel of land at a time.

Construction of an approved site plan.

(1)

Construction on a site with an approved site plan must be started within one year from the date of the Planning Board's approval of the site plan. Site plan approval may be extended for one year at the discretion of the Board after receipt of a written request from the landowner, showing good cause. If one year has elapsed from the date of approval, and no extensions have been granted, or if one year has elapsed since the granting of said extension, the final site plan approval shall become null and void without requiring any further action by the Planning Board. This time period shall not include delays resulting from litigation.

(2)

No permit to build, alter or expand any building or structure, or change of use requiring site plan review under this bylaw, shall be issued by the Building Commissioner; nor shall any construction commence before a written statement of approval or approval with conditions has been issued by the Planning Board.

(3)

The Building Commissioner may inspect a site under construction for compliance with the approved site plan.

Enforcement.

(1)

It shall be the duty of the Building Commissioner to administer and enforce the provisions of this bylaw.

(2)

The Planning Board shall provide a schedule of inspection fees to be paid by the applicant prior to the start of construction.

(3)

The Planning Board may use inspection fees paid by the applicant to offset the cost of hiring any additional engineers or inspectors necessary to monitor all phases of construction covered by an approved site plan.

(4)

If work is not performed per the approved plan, including all conditions, the Building Commissioner has the authority to issue a cease-and-desist order per the Planning Board Rules and Regulations for Site Plan Approval and Special Permits, as amended.

(5)

"As built" plans, certified by a registered professional and noting any change from the approved plan, shall be filed with the Building Commissioner and the Planning Board before a certificate of completion shall be issued.

(6)

The Building Commissioner shall issue a certificate of completion when all construction has been performed and all other requirements have been met in compliance with the approved site plan. A copy of the certificate of completion will be filed with the Planning Board.

(7)

No certificate of occupancy shall be issued for any structure or use subject to site plan review unless a certificate of completion has been issued.

(8)

The Building Commissioner may issue a temporary certificate of occupancy for a period of one year if the required construction has been substantially completed and the permitted uses of the development can be carried on in a safe and convenient manner.

Rules and regulations.

(1)

The Planning Board may adopt such rules and regulations for carrying out its duties under this section. The Board may, where such action is allowed by law, in the public interest and not inconsistent with the purpose and intent of this bylaw, waive strict compliance with any requirement of this Site Plan Review Bylaw or its rules and regulations.

(2)

The Planning Board may periodically amend or add rules and regulations relating to the procedures and administration of this Site Plan Review Bylaw, by majority vote of the Board, after conducting a public hearing to receive comments on any proposed revisions. Such hearing dates shall be advertised in a newspaper of general local circulation, at least seven days prior to the hearing date.

Appeals procedure. Any person aggrieved by any decision of the Planning Board or Building Commissioner regarding a site plan review application may appeal that decision per MGL c. 40A, § 17, as amended.

§ 250-8.5 Applicability.

Effective date. The effective date of this bylaw or any amendment thereof shall be the date such bylaw or amendment is adopted by vote of Town Meeting.

Other regulations. Nothing contained in this bylaw shall be construed as repealing any existing bylaw or regulation of the Town, but shall be in addition thereto; provided that whenever this bylaw imposes greater restrictions upon the construction of buildings or structures, or upon the use of buildings, structures or land than other bylaws or regulations, such greater restrictions shall prevail.

Invalidity. The invalidity of any section or provision of this bylaw or of any district or part thereof as shown on the Protective Bylaw Map shall not affect the validity of any other section or provision of said bylaw or of another district or part thereof on said map.

§ 250-8.6 Adoption of amendments.

This bylaw shall be adopted and may be from time to time changed by amendment, in accordance with the provisions of MGL c. 40A, § 5.