North Reading City Zoning Code
ARTICLE VI
Appeals, Variances and Special Permits
§ 200-23 General provisions.
A.
Zoning Board of Appeals, Select Board and Community Planning Commission. Appeals, applications for variances and applications for special permits shall be heard and decided by the Zoning Board of Appeals, Select Board or the Community Planning Commission, as applicable, pursuant to the powers enumerated in §§ 200-24B, 200-25B, and 200-25.1 of this Zoning Bylaw.
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979; 10-6-2014 OTM by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
B.
Adoption of rules. The Zoning Board of Appeals, Select Board and the Community Planning Commission shall adopt and from time to time may amend rules for conducting business and otherwise carrying out the purposes of this Zoning Bylaw. A copy of such rules shall be filed in the office of the Town Clerk.
[Amended 10-6-2014 OTM by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
C.
Public hearings.
[Amended 10-6-2014 OTM by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
(1)
The Zoning Board of Appeals, Select Board and the Community Planning Commission shall hold hearings under this article within sixty-five (65) days of receipt of any appeal, application for variance or application for special permit.
(2)
Hearings under this article shall be advertised and conducted in accordance with Sections 9, 11 and 15 of the Zoning Act and shall be open to the public. Hearings shall be held at the call of the Chairman or when called in such other manner as the Zoning Board of Appeals, Select Board or the Community Planning Commission shall determine in their rules.
D.
Notice of public hearing.
(1)
The Zoning Board of Appeals, Select Board or the Community Planning Commission shall cause notice of hearings under this article to be sent to parties in interest as provided for in Section 11 of the Zoning Act; shall cause notice to be published in a newspaper of general circulation in the Town once in each of two (2) successive weeks, the first publication to be not less than fourteen (14) days before the day of the hearing; and shall cause such notice to be posted in a conspicuous place in Town Hall for a period of not less than fourteen (14) days before the day of such hearing.
[Amended 10-6-2014 OTM by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
(2)
"Parties in interest" as used in this article shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way and owners of land within three hundred (300) feet of the property line, all as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another town, the Planning Board of every abutting town and the Community Planning Commission of the Town of North Reading.
E.
Record of proceedings. There shall be kept a detailed record of all proceedings under this article indicating the vote of each member upon each question, or if absent or failing to vote indicating such fact. Such record shall set forth clearly the reason or reasons for the decision reached or action taken. Copies of such record shall, within fourteen (14) days, be filed in the office of the Town Clerk and shall be a public record.
F.
Notice of decision. Copies of the decision or finding shall be mailed to parties in interest as defined in Subsection D(2) above and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each notice shall specify that appeals, if any, shall be made pursuant to Section 17 of the Zoning Act and shall be filed within twenty (20) days after the date of filing of such notice in the office of the Town Clerk.
G.
Repetitive application. Except as provided in Section 16 of the Zoning Act, no appeal or application which has been denied by the Zoning Board of Appeals, Select Board or the Community Planning Commission shall be acted favorably upon within two (2) years after the date of final unfavorable action.
[Amended 10-6-2014 OTM by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
H.
Withdrawal of application or appeal. Any appeal, application for a variance or application for a special permit which has been transmitted to the Zoning Board of Appeals, Select Board or the Community Planning Commission may be withdrawn, without prejudice, by the petitioner prior to the publication of the notice of the public hearing thereon but thereafter may be withdrawn without prejudice only with the approval of the Board or Commission to which application was made.
[Amended 10-6-2014 OTM by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
I.
Other requirements.
(1)
The granting of any appeal, variance or special permit by the Zoning Board of Appeals, Select Board or the Community Planning Commission shall not exempt the applicant or the subject property from any provision of this Zoning Bylaw not specifically ruled upon by the Zoning Board of Appeals, Select Board or the Community Planning Commission and specifically set forth in its findings. Construction, reconstruction, alteration, change and use of structures and premises which are the subject of an appeal, variance or special permit shall be in conformity with the provisions of this Zoning Bylaw except where specifically exempted in said findings and shall be in conformity with any restrictions, limitations, or special conditions imposed therein unless the applicant shall file a subsequent application seeking to modify the initial findings.
[Amended 10-6-2014 OTM by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
(2)
Where authorization of a use of land or of a structure is required by the Zoning Board of Appeals, a copy of such authorization shall be sent by the Clerk of the Board to the Building Inspector, within ten (10) days of granting of approval and shall be received by the Building Inspector prior to the issuance of a permit.
J.
Appeal to Superior Court.
[Amended 10-6-2014 OTM by Art. 13, approved 1-20-2015; 6-4-2018 ATM by Art. 29, approved 9-21-2018]
(1)
Any person aggrieved by a decision or finding of the Zoning Board of Appeals or the Community Planning Commission, or any municipal officer or board, or by a special permit decision for registered marijuana dispensaries issued by the Select Board, may appeal to the Superior Court for Middlesex County or the Land Court by bringing an action within twenty (20) days after the decision or finding has been filed in the office of the Town Clerk.
(2)
The Town may provide any officer or board of the Town with independent legal counsel for appealing a decision or finding of the Zoning Board of Appeals, Select Board or the Community Planning Commission and for taking such other subsequent action as parties are authorized to take, all as provided in Section 17 of the Zoning Act.
§ 200-24 Zoning Board of Appeals.
A.
Membership.
[Amended 6-4-2018 ATM by Art. 29, approved 9-21-2018]
(1)
The Zoning Board of Appeals shall consist of three (3) members appointed by the Select Board. Appointment shall be for three-year terms, so arranged that the term of one (1) member shall expire each year. The Zoning Board of Appeals shall annually elect a Chairman and a Clerk.
(2)
The Select Board shall also appoint, in like manner and for like terms, three (3) associate members who may be designated by the Chairman of the Zoning Board of Appeals 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 until said vacancy is filled by the Select Board.
(3)
Any member or associate member may be removed for cause by the Select Board upon written charges and after a public hearing.
B.
C.
Unanimous vote required. All of the powers vested in the Zoning Board of Appeals must be exercised pursuant to a unanimous vote of that Board.
§ 200-25 Community Planning Commission.
A.
Membership.
(1)
The Community Planning Commission shall consist of five (5) members elected for three-year overlapping terms. The Community Planning Commission shall annually elect a Chairman, Vice Chairman and a Clerk.
[Amended 4-4-1994 ATM by Art. 19, approved 7-26-1994]
(2)
The Community Planning Commission may appoint associate members who shall serve only in an advisory capacity.
B.
Powers and duties. The Community Planning Commission shall have the following powers and duties:
(1)
Those powers and duties specified in Chapter 3, Section 8 of the North Reading Town Charter;
(2)
Those powers and duties specified in Massachusetts General Laws Chapter 41 concerning municipal planning and subdivision control; and
(3)
Those powers and duties specified in the Zoning Act including, but not limited to, the following:
(a)
To hear and decide upon applications for special permits pursuant to § 200-28 of this Zoning Bylaw pertaining to planned unit and cluster developments;
(b)
To review and hold a public hearing on the adoption or amendment of a Zoning Bylaw and to submit a report to Town Meeting with recommendation thereon;
(c)
To issue a report to the Town Meeting containing recommendations relating to repetitive petitions for changes in the Zoning Bylaw;
(d)
To consent or withhold consent to a repetitive application as provided in Section 16 of the Zoning Act; and
§ 200-25.1 Select Board.
[Added 10-6-2014 OTM by Art. 13, approved 1-20-2015; amended 6-4-2018 ATM by Art. 29, approved 9-21-2018]
In addition to the powers enumerated in § 5 of the Code of the Town of North Reading, the Select Board shall also be the special permit granting authority for registered marijuana dispensaries.
§ 200-26 Appeals.
A.
An appeal to the Zoning Board of Appeals may be taken by the person aggrieved by reason of his inability to obtain a permit or enforcement action from the Building Inspector. An appeal to the Zoning Board of Appeals may be taken by the Metropolitan Area Planning Council, or by any person including an officer or board of the Town, or of an abutting town aggrieved by an order or decision of the Building Inspector in violation of any provision of this Zoning Bylaw or of the Zoning Act.
B.
Any appeal shall be taken within thirty (30) days from the date of the order or decision which is being appealed by filing a notice of appeal, specifying the grounds thereof, with the Town Clerk who shall, within two (2) business days, transmit copies of the notice of appeal to such officer or board whose order or decision is being appealed, and to the Zoning Board of Appeals. Such officer or board shall, within seven (7) days, transmit to the Zoning Board of Appeals copies of all documents and papers constituting the record of the case in which the appeal is taken.
C.
The Zoning Board of Appeals, in exercising the powers granted under this section, may make orders or decisions, reverse, affirm or modify, in whole or in part, any order or decision, may issue or direct the issuance of a permit and shall have all the powers of the Building Inspector.
D.
The decision of the Zoning Board of Appeals shall be rendered within one hundred (100) days of the filing of an appeal with the Town Clerk. Failure of the Zoning Board of Appeals to act within said one hundred (100) days shall be deemed to be the grant of the relief sought subject to an applicable judicial appeal as provided for in the Zoning Act.
[Amended 10-2-2000 ATM by Art. 16, approved 3-29-2001]
§ 200-27 Variances.
A.
After a public hearing upon an appeal pursuant to § 200-26 of this Zoning Bylaw or upon an application for a variance the Zoning Board of Appeals may grant a variance from the terms of any applicable section of this Zoning Bylaw. However, the Zoning Board of Appeals shall not grant a variance relating to the use of land or structures.
B.
An application for a variance shall be filed with the Town Clerk, who shall, within two (2) business days, transmit a copy of such application to the Zoning Board of Appeals.
C.
The decision of the Zoning Board of Appeals shall be rendered within seventy-five (75) days of the filing of the application with the Town Clerk. Failure of the Zoning Board of Appeals to act within said seventy-five (75) days shall be deemed to be the grant of the relief sought in the application, subject to an applicable judicial appeal as provided for in the Zoning Act.
D.
The Zoning Board of Appeals shall not grant a variance unless it specifically finds that each of the following conditions are fulfilled:
(1)
That owing to the circumstances relating to the soil conditions, shape or topography of the land or structure involved and especially affecting such land or structure but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this Zoning Bylaw would involve substantial hardship, financial or otherwise, to the applicant; and
(2)
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 this Zoning Bylaw.
E.
The Zoning Board of Appeals may impose conditions, safeguards and limitations, both of time and of use, including the continued existence of any particular structure, but excluding any condition, safeguard or limitation based upon continued ownership.
F.
Upon the granting of a variance, extension, modification or renewal thereof, the Zoning Board of Appeals shall issue to the owner and to the applicant, if other than the owner, a copy of its decision, certified by the Zoning Board of Appeals, containing the name and address of the owner, identifying the land affected, setting forth compliance with the statutory requirements for the issuance of such variance and certifying that copies of the decision and all plans referred to in the decision have been filed with the Community Planning Commission and the Town Clerk.
G.
No variance or extension, modification or renewal thereof shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed, or that if an appeal has been filed, it has been dismissed or denied, is recorded in the Middlesex South District Registry of Deeds and indexed in the grantor index under the name of the owner of record, or is recorded and noted on the owner's certificate of title. The recording or registration shall be the responsibility of the owner or applicant who shall, thereafter, provide the Zoning Board of Appeals with a copy of the decision bearing the stamp of the Registry of Deeds or Land Court indicating the date and time of recording or registration and the book and page number assigned the document.
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979]
H.
The rights authorized by a variance shall lapse unless construction is commenced within one (1) year of the grant of the variance and is continued through to completion as continuously and expeditiously as is reasonable. In the event of such a lapse, the variance may be re-established only after notice and a new hearing.
I.
It shall be unlawful for any owner or person to reconstruct, convert or alter a structure or change the use, increase the intensity of use, or extend or displace the use of any building, other structure or lot, or change any required limitations or special conditions imposed by the Zoning Board of Appeals in authorizing a variance without making new application to the Zoning Board of Appeals for approval of such action.
§ 200-28 Special permits.
A.
Zoning Board of Appeals as special permit granting authority. The Zoning Board of Appeals shall have the power, upon written application, to grant special permits for the following exceptions, activities and uses:
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979; 10-4-1984 ATM by Art. 14, approved 1-8-1985; 10-17-1991 ATM by Art. 21, approved 2-4-1992]
(3)
Reconstruction, alteration, increase or change in a nonconforming use or structure pursuant to § 200-10A of this Zoning Bylaw;
(5)
Special permits for other activities and uses requiring a special permit pursuant to the terms of this Zoning Bylaw except in connection with cluster residential developments, multi-family residential developments and planned unit developments, and personal wireless service facilities.
[Amended 10-12-2000 ATM by Art. 32, approved 3-29-2001]
B.
Community Planning Commission as special permit granting authority. The Community Planning Commission shall have the power, upon written application, to grant special permits for the following uses:
(1)
Open space residential developments pursuant to Article X of this Zoning Bylaw;
[Amended 4-7-2008ATM by Art. 27, approved 6-27-2008]
(3)
Multi-family residential developments pursuant to § 200-90 of this Zoning Bylaw;
[Added 10-4-1984 ATM by Art. 14, approved 1-8-1985]
(4)
Special permits relating to signs issued pursuant to § 200-84; and
[Added 10-17-1991 ATM by Art. 21, approved 2-4-1992]
(6)
Special permits relating to personal wireless service facilities pursuant to § 200-46 of this Zoning Bylaw.
[Added 10-12-2000 ATM by Art. 32, approved 3-29-2001]
(7)
In any zoning district, the Community Planning Commission shall be the Special Permit Granting Authority for all special permits in a Priority Development Site designated by Town Meeting pursuant to M.G.L. c. 43D.
[Added 4-7-2008 ATM by Art. 23, approved 6-27-2008]
(8)
Special permits relating to the Affordable Housing Overlay District.
[Added 4-7-2008 ATM by Art. 26, approved 6-27-2008]
(9)
Special permits relating to the Senior Housing Overlay District.
[Added 6-5-2021 ATM by Art. 30, approved 9-29-2021]
B.1.
Select Board as special permit granting authority. The Select Board shall have the power, upon written application, to grant special permits for the following use: registered marijuana dispensaries.
[Added 10-6-2014 OTM by Art. 13, approved 1-20-2015; amended 6-4-2018 ATM by Art. 29, approved 9-21-2018]
C.
Procedural requirements for the grant of a special permit. The grant of a special permit shall be accomplished pursuant to the general provisions contained in § 200-23 of this Zoning Bylaw and pursuant to the following procedural requirements:
(1)
An application for a special permit shall be filed with the special permit granting authority and a copy of such application shall forthwith be given to the Town Clerk by the applicant. The application shall be accompanied by a site plan prepared in accordance with the requirements of Subsection D of this section unless the special permit granting authority waives or modifies said requirements.
(2)
Whenever an application for a special permit is filed with the Community Planning Commission, the Commission shall submit a copy of such application to the Board of Health, the Building Inspector, the Conservation Commission, the Town Engineer, the Police Department, the Fire Department and the School Department for their review. The application forwarded to each reviewing party shall be accompanied by all supportive materials filed with the application which may be necessary to an adequate review by that reviewing party. Each reviewing party may make such recommendations as it deems appropriate and shall send a report of such recommendations to the Community Planning Commission. A copy of such report shall be forwarded to the applicant. Failure of any reviewing party to make recommendations within thirty-five (35) days of receipt by the reviewing party of a copy of the application for special permit shall be deemed a lack of opposition to such application.
(3)
Whenever an application for a special permit is filed with the Zoning Board of Appeals, the Zoning Board of Appeals shall submit a copy of such application to the Community Planning Commission and the Building Inspector for their review. The application shall be accompanied by all supportive materials filed with the application which may be necessary to an adequate review by each of the reviewing parties. The Zoning Board of Appeals shall also submit copies of the application and supportive materials to all other boards, departments or officers of the Town whose area of responsibility relates to the subject matter of the special permit for which application is being made. Failure of any reviewing party to make recommendations within thirty-five (35) days of receipt by the reviewing party of a copy of the application for special permit shall be deemed a lack of opposition to such application.
(4)
The special permit granting authority shall not render a decision on the application for a special permit until such time as the reviewing parties have all responded to the application or until thirty-five (35) days have elapsed from the receipt by each of the boards, departments or officers of the application and supportive materials.
(5)
The special permit granting authority shall act within ninety (90) days after the public hearing. Failure of the special permit granting authority to take final action upon an application for a special permit within the ninety-day period following the date of the public hearing shall be deemed to be a grant of the permit applied for.
(6)
Upon the grant of a special permit, or any extension, modification or renewal thereof, the special permit granting authority shall issue to the owner and to the applicant, if other than the owner, a copy of its decision, certified by the special permit granting authority, containing the name and address of the owner, identifying the land affected, setting forth compliance with the statutory requirements for the issuance of a special permit and certifying that copies of the decision and all plans referred to in the decision have been filed with the Community Planning Commission and the Town Clerk.
D.
Minimum site plan requirements. Site Plans shall be submitted on twenty-four-inch by thirty-six-inch sheets. Plans shall be prepared by a registered professional engineer and a registered land surveyor. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. Except for plans relating to planned unit developments, cluster developments, and floodplain districts, which shall have a minimum scale of one (1) inch equals forty (40) feet, all plans shall have a minimum scale of one (1) inch equals two hundred (200) feet. Unless waived or modified by the special permit granting authority, all plans shall indicate at least the following items:
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979; 10-8-1987 ATM by Art. 21, approved 11-30-1987; 4-30-1992 ATM by Art. 22, approved 8-26-1992]
(1)
A location plan at a scale of one (1) inch equals one thousand (1,000) feet;
(2)
All property lines;
(3)
All adjacent public streets;
(4)
All existing and proposed buildings, structures, parking areas and service areas;
(5)
All facilities for sewage, refuse and other waste disposal;
(6)
Facilities for surface water drainage, both temporary and permanent;
(7)
Landscaping, walls, screening, fencing, buffering and walks;
(8)
Off-street parking spaces and loading areas;
(9)
Front, side and rear yards;
(10)
Lateral support for all adjacent properties as required;
(11)
Water supply;
(12)
Lighting plan;
(13)
Proper provision for vehicular traffic, service roads and control of entrances and exits to highways;
(14)
Future expansion areas;
(15)
Endorsement of approval by Board of Health on all matters relative to facilities for sewage, refuse and other waste disposal; and
(16)
All other features required by the section of this Zoning Bylaw authorizing the grant of the special permit sought.
(17)
For a Chapter 43D Priority Development Site, the site plan submission requirements shall be in accordance with this section and the Community Planning Commission's rules and regulations.
[Added 4-7-2008 ATM by Art. 23, approved 6-27-2008]
E.
Conditions for approval of special permit.
(1)
The special permit granting authority shall not approve any such application for a special permit unless it finds that all the following conditions are met:
(a)
The subject land is located in a district where the use requested is permitted by special permit as a special exception pursuant to the provisions of this Zoning Bylaw;
(b)
The specific site is an appropriate location for such a use, structure or condition;
(c)
The requested use will not create undue traffic congestion or unduly impair pedestrian safety;
(d)
The requested use will not overload any public water, drainage, or sewer system, or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the Town will be unduly subjected to hazards affecting health, safety or the general welfare, directly caused by the requested use, and non-preventable by any condition of approving the special permit;
(f)
The requested use will not impair the integrity or character of the district, neighborhood or adjoining districts nor be detrimental to the public health, safety, convenience or welfare.
(2)
Special permits may be granted only for uses which are in harmony with the general purpose and intent of this Zoning Bylaw and shall be subject to general or specific provisions as set forth therein. In order to further the objectives of this Zoning Bylaw, such permits may impose conditions, safeguards and limitations on time or use and may also impose such other conditions, safeguards and limitations as the special permit granting authority shall deem appropriate including but not limited to the following:
(a)
Requirements of front, side or rear yards greater than the minimum required by this Zoning Bylaw;
(b)
Requirements of screening of parking areas or other parts of the premises from adjoining premises or from the street by walls, fences, plantings or other devices as specified by the special permit granting authority;
(c)
Modification of the exterior features or appearances of the structure;
(d)
Limitation of size, number of occupants, method or time of operation, or extent of facilities;
(e)
Regulation of number, design and location of access drives or other traffic features;
(f)
Requirement of off-street parking or other special features beyond the minimum required by this or other applicable bylaw; and
(g)
Provision for open and maintained fire and access lanes.
F.
Recording of decision. No special permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have lapsed and no appeal has been filed or that, if an appeal has been filed, it has been dismissed or denied, is recorded in the Middlesex South District Registry of Deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The recording or registration shall be the responsibility of the owner or applicant who shall, thereafter, provide the special permit granting authority with a copy of the decision bearing the stamp of the Registry of Deeds or Land Court indicating the date and time of recording or registration and the book and page number assigned the document.
G.
Conformity with terms of special permit required. It shall be unlawful for any owner or person to reconstruct, convert or alter a structure or change the use, increase the intensity of use, or extend or displace the use of any building, other structure or lot, or change any required limitations or special conditions imposed by the special permit granting authority in authorizing a special permit without making new application to the special permit granting authority for approval of such action.
H.
Application of amendments to Zoning Bylaw. Any amendment to this Zoning Bylaw shall apply to any special permit issued after the first notice of public hearing on such amendment.
I.
Special permit time limit. Except for good cause, a special permit granted pursuant to this Zoning Bylaw shall lapse at the expiration of one (1) year from the grant thereof unless a substantial use has commenced or construction has begun.