Lynnfield City Zoning Code
SECTION 10
0 Administration and Enforcement
10.1 Permits.
10.1.1.
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.
10.1.2.
Occupancy Permit. No building erected, altered, or in any way changed as to construction or use, under a permit or otherwise, shall be occupied or used without an occupancy permit, signed by the Building Commissioner, which permit shall not be issued until the building and its uses, and the uses incident thereto, comply in all respects with the bylaw.
10.1.3.
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 the bylaw. Any special permit, variance, or site plan approval governing the application shall be attached to the application. 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.
10.1.4.
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.
10.2 Enforcement and Penalties.
10.2.1.
Building Commissioner. The bylaw shall be enforced by the Building Commissioner. The Building Commissioner, upon being informed in writing of a possible violation of the bylaw 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 Lynnfield and to the occupant at the address of the premises of such seeming violation.
10.2.2.
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 the bylaw; 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 the bylaw. If the Building Commissioner is requested in writing to enforce the bylaw 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 therefor, within 14 days of receipt of such request.
10.2.3.
Zoning Administrator. The Board of Appeals, in accordance with MGL c. 40A, § 13, may appoint, subject to confirmation by the Board of Selectmen, a Zoning Administrator, to serve at the pleasure of the Board of Appeals, who may but need not be the Director of Zoning Enforcement or the Building Commissioner. The Board of Appeals may delegate by unanimous vote to the Zoning Administrator some of its powers and duties. Any person aggrieved by a decision or order of the Zoning Administrator may appeal to the Board of Appeals in accordance with MGL c. 40A, § 14.
10.2.4.
Penalties. Any violation of these Zoning Bylaws shall be punishable by a fine of $300, and each day such violation continues shall constitute a separate offense. Such fines shall be recovered as provided by law and shall enure to the Town of Lynnfield.
10.2.5.
Noncriminal Disposition. In addition to the procedures for enforcement as described in the previous paragraph, the provisions of the bylaw 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 the 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.
10.3 Board of Appeals.
10.3.1.
Membership. There shall be a Board of Appeals consisting of three persons, inhabitants of the Town. The members shall be appointed by the Board of Selectmen. They shall hold office for a term of three years. In case of vacancy, inability to act, or interest on the part of any member of the Board of Appeals, his place shall be taken by an associate member. Members shall serve without remuneration and shall be subject always to the rule that they shall give due consideration to the pertinent provisions of the bylaw.
1.
The Board of Selectmen shall also appoint three persons, inhabitants of the Town, associate members of said Board of Appeals, who shall hold office for a term of three years.
10.3.2.
Powers of the Board of Appeals. The Board of Appeals shall have the following powers:
1.
Appeals. To hear and decide an appeal taken by any person aggrieved by reason of his inability to obtain a permit from any administrative official; to hear and decide an appeal taken by any person aggrieved by any order or decision any administrative official; to hear and decide an appeal taken by any person aggrieved by any failure to act on the part of the Commissioner of Buildings or any other administrative official under any provision of MGL c. 40A or of the bylaw.
2.
Special Permits. To grant a special permit when designated as the special permit granting authority by the bylaw.
3.
Variances. To authorize a variance for a particular use of a parcel of land or to an existing building thereon from the terms of the bylaw as set forth in MGL c. 40A, § 10.
10.4 Planning Board.
10.5 Special Permits.
10.5.1.
Special Permit Granting Authority. The Board of Appeals, Planning Board, and the Board of Selectmen shall be the special permit granting authority (SPGA) as specified in the various sections of the bylaw and, when designated herein, shall hear and decide applications for special permits.
10.5.2.
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 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 the bylaw, the determination shall include consideration of each of the following:
1.
Social, economic, or community needs which are served by the proposal;
2.
Traffic flow and safety, including parking and loading;
3.
Adequacy of utilities and other public services;
4.
Impacts on neighborhood character;
5.
Impacts on the natural environment; and
6.
Potential fiscal impact on Town services, tax base, and employment taking into account any proposed mitigation.
10.5.3.
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.
10.5.4.
Conditions. The SPGA may impose additional conditions and limitations as it may deem necessary.
10.5.5.
Regulations. The SPGA may adopt rules and regulations for the administration of this section.
10.5.6.
Fees. The SPGA may adopt reasonable administrative fees and technical review fees for applications for special permits.
10.5.7.
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.
10.6 Site Plan Approval.
10.6.1.
Applicability. In residential districts, no nonconforming, nonresidential building shall be externally enlarged or changed, and no nonresidential use shall be expanded or changed, except in conformity with a site plan approval issued by the Board of Appeals. In all other districts, no nonresidential building shall be constructed, externally enlarged, or changed, and no nonresidential use shall be established or expanded, except in conformity with a site plan approval issued by the Board of Appeals. For the purpose of this section, the following uses shall be considered nonresidential: uses B.3, B.4, B.5, B.6, B.7, B.9, B.10, C.1, C.2, D.17 and D.20, as set forth in the Table of Use Regulations.[1]
[Amended 10-16-2023 STM by Art. 7]
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
10.6.2.
Site Plan Requirements. Said application shall include a site plan which shows all existing and proposed features, including as a minimum the following:
1.
All landscaping features such as screening in the form of fences, walls, planting areas, walks, and other barriers.
2.
Suitable landscaping adequate to screen parking and service areas from public and private ways and adjacent properties.
3.
All outside uses.
4.
Existing and proposed structures and buildings together with all setback distances, side line and rear yard depth.
5.
Parking spaces with calculations showing the minimum number required under the bylaw.
6.
All handicapped parking spaces shall be marked in conformity with state and federal requirements.
7.
Loading, service, refuse and trash disposal areas.
8.
Proposed and existing ways, driveways and driveway openings.
9.
All facilities for sewage and waste disposal and their type.
10.
All outside lighting including the direction and intensity of said lighting.
11.
Any land thereon which lies within the Wetland Buffer Zone.
12.
The addition of 600 square feet or more of impervious area shall require the applicant to specify a means to prevent an increase in the rate of rainfall runoff for the site resulting from the proposed alteration. Computations prepared by a registered professional engineer in support of the design of these preventive means shall be provided with the application. No increase of the peak rate of runoff for the two-, ten-, and one-hundred-year storms based upon the methodologies set forth in the United States Soil Conservation Service Technical Release No. 55 as amended shall be allowed. Said means, such as holding ponds, dry wells, or other equivalent permanent methods shall be shown including the location of all structures and piping with their invert elevations.
10.6.3.
Procedures. All applications for a site plan approval shall be filed by the applicant with the Town Clerk who shall certify the date and time of filing. The applicant must forthwith thereafter file the application and Town Clerk's certification with the Zoning Board of Appeals.
1.
The rules and regulations of the Zoning Board of Appeals shall prescribe the procedure of an application for, submission and approval of, a site plan approval. Said rules and regulations shall specify the size, form, contents, style, and number or copies of plans, specifications, and other associated information required to be submitted with the application. The requirements of said rules and regulations shall be in addition to, and not in lieu of, the requirements set forth in this section.
2.
Upon receipt of an application the Board of Appeals shall, within five working days, transmit one copy to the Planning Board, Board of Health, Conservation Commission, and Department of Public Works for their written recommendations in accordance with the provisions of MGL c. 40A, § 11. Upon written request by one of the aforementioned Town agencies to the remainder of said agencies, a joint review may be conducted to provide information which may be used in the recommendation to the Board of Appeals.
4.
Any extension to the time limit for holding the public hearing or taking final action may be extended by written mutual agreement between the petitioner and the Board of Appeals, provided that said agreement is signed by both parties and filed within five days with the Town Clerk.
10.6.4.
Criteria for Evaluation. In considering the application, the Board of Appeals shall consider whether the application conforms with the bylaw and take into account whether the following criteria have been met:
1.
Protection of adjoining premises against seriously detrimental or offensive uses on the site.
2.
Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways and land.
3.
Adequacy of the methods of disposal for sewage, refuse and other wastes resulting from the uses permitted on the site, and the methods of drainage for surface water.
4.
Adequacy of provisions for the off-street loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishment or use.
10.6.5.
Conditions. The Board of Appeals shall have the right to impose conditions, safeguards and limitations on time or use when granting the permit. The Board of Appeals shall have the power to modify or amend a site plan approval upon application of the person owning or leasing the premises, or upon its own motion in the event of changes in physical conditions of the site sufficient to justify such action. All of the provisions hereof applicable to approval shall, where apt, be applicable to such modification or amendment.
10.6.6.
Decision. The Zoning Board of Appeals 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 Board. Any such extension shall be filed forthwith with the Town Clerk.
10.6.7.
Effect. No site plan approval, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk is recorded in the Essex County South District Registry of Deeds. The responsibility for recording or registering such upon the owner's certificate of title is that of the owner or applicant.
10.6.8.
Other Permits. No building, septic, roadway opening, electrical, or similar permits shall be granted until proof of said recording or registering of the site plan approval has been presented to the appropriate permit issuing authority.
[Amended 10-16-2023 STM by Art. 7]
10.6.9.
Regulations. The Zoning Board of Appeals may adopt rules and regulations for the administration of this section.
10.6.10.
Fees. The Zoning Board of Appeals may adopt reasonable administrative fees and technical review fees for applications under this section.
10.6.11.
Lapse. Site plan approval 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 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.
10.7 Site Plan Review for Use Regulations.
10.7.1.
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.
10.7.2.
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.8, as set forth in the Table of Use Regulations,[1] shall require site plan approval from the Planning Board pursuant to this section.
[Amended 10-16-2023 STM by Art. 7]
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
10.7.3.
Scope of Site Plan Review. Under this section, site plan review shall be limited to two inquiries:
10.7.4.
Required Information. All applications for site plan review shall be in writing and provide, at a minimum, the following information:
10.7.5.
Site Plan; Contents. In addition, the applicant shall submit a site plan with the following information:
1.
Legend depicting all pertinent existing and proposed site features.
2.
The date and north arrow shall be shown on the plans.
3.
All site plans must be stamped by a registered professional civil engineer and a professional land surveyor. The land surveyor shall perform an instrument boundary survey and shall certify the accuracy of the locations of the buildings, setbacks, and all other required dimensions to property lines.
4.
Zoning chart depicting "required" versus "provided" for all applicable zoning criteria including lot size, frontage, setbacks, building height, lot coverage, parking spaces, and landscaping requirements.
5.
Locus map, at a scale of one inch equals 600 feet or suitable scale to accurately locate the site in Town, oriented on the plan in the same way as the large scale plan.
6.
The location, width, status (public or private), and name of all streets within 100 feet of the project.
7.
On-site and abutting lot lines. On-site lot lines shall be described by bearings and distance. Abutting lot lines shall be shown in a general way.
8.
Zoning district lines, including overlay districts if applicable.
9.
The location of existing or proposed buildings on the lot shall be shown with total square footage and dimensions of all buildings.
10.
Any streams, brooks, or wetland resource area boundaries within 100 feet of the property lines.
11.
Information on the location, size and type and number of existing and proposed landscape features.
12.
Information on the location, size and capacity of existing and proposed on-site and abutting utilities (water, sewer, drainage, natural gas, electrical cable, etc.), including utilities in abutting side streets, if applicable.
13.
Detailed locations and dimensions of all existing and proposed buildings and uses on site and on abutting properties, including exterior details relating to the building footprint.
14.
All existing and proposed setbacks from property lines. Any minimum, or below minimum, setback distances shall be clearly noted as such on the plan.
15.
Information and details for all site and directional on-site signage shall be submitted.
16.
Elevation and facade treatment plans of all proposed structures. Color renderings are required for new construction.
17.
Information on the location, size and type of parking, loading, storage and service areas. A parking calculation schedule noting existing, required and proposed spaces for the entire site shall be provided.
18.
Details and specifications (if applicable) for proposed site amenities, including, but not limited to fences, recreation facilities, walls or other barrier materials; and special paving materials.
10.7.6.
Decision. The Planning 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 90 days of receipt of the application. Failure to file a decision within 90 days shall constitute approval of the site plan.
10.8 Request for Reasonable Accommodation.
10.8.1.
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.
10.8.2.
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.
10.8.3.
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).
10.8.4.
Information. All requests for reasonable accommodation shall be in writing and provide, at a minimum, the following information:
1.
Name and address of person(s) or entity requesting accommodation;
2.
Name and address of property owner;
3.
Name and address of dwelling or facility at which accommodation is requested;
4.
Description of the requested accommodation and specific regulation or regulations for which accommodation is sought;
5.
Reason that the requested accommodation may be necessary for the person or persons with disabilities to use and enjoy the premises;
6.
If the requested accommodation relates to the number of persons allowed to occupy a dwelling, the anticipated number of residents, including facility staff (if any); and
7.
If necessary to reach a decision on the request for reasonable accommodation, the ZBA may request further information from the applicant consistent with the FHA and/or ADA, specifying in detail the information required.
10.8.5.
ZBA Procedures. 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:
10.8.6.
Decision. After conducting an appropriate inquiry into the request for reasonable accommodation, the ZBA may by majority vote:
1.
Grant the request;
2.
Grant the request subject to specified conditions; or
3.
Deny the request.
The ZBA shall issue a written final decision on the request in accordance with MGL c. 40A, § 15. If the ZBA fails to render its decision on a request for reasonable accommodation within the time allotted by MGL c. 40A, § 15, the request shall be deemed granted. The ZBA's decision shall be filed with the Town Clerk and sent to the applicant by certified mail.
10.8.7.
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.
10.8.8.
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.
10.8.9.
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.
10.8.10.
Effective Date. 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.