Sharon City Zoning Code
SECTION 10
0 Administration.
§ 10.1.1 Inspector of Buildings.
The Inspector of Buildings, if one shall be appointed or elected, or otherwise the Select Board members of the Town, shall execute the provisions of this bylaw except where otherwise provided, and, in so doing, shall have the same power as is provided for the execution and enforcement of bylaws relating to the inspection of buildings. Wherever in this bylaw it is required that the Inspector of Buildings shall act, it shall be understood that if no Inspector of Buildings is appointed or elected, the Select Board members shall act in their place.
§ 10.1.2 Certification.
Buildings, structures or signs may not be erected, substantially altered, moved or changed in use, and land may not be substantially altered or changed in principal use without certification by the Inspector of Buildings that such action is in compliance with the then-applicable zoning, or without review by them regarding whether all necessary permits have been received from those governmental agencies from which approval is required by federal, state or local law. Issuance of a building permit or certification of use and occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification.
§ 10.1.3 Permit issuance.
The Inspector of Buildings shall not issue a permit for the construction, alteration, enlargement, reconstruction, moving or razing of any building or structure which would be a violation of any of the provisions of this bylaw. Furthermore, the Inspector of Buildings shall not grant a permit or license for a new use of a building, structure or land which use would be a violation of any of the provisions of this bylaw.
§ 10.1.4 Process.
If application is made for a permit which if issued might, on account of the provisions of this bylaw, affect the real estate of any person other than the applicant, the Inspector of Buildings, unless it is intended to refuse such permit, shall cause:
1.
A copy of such application to be posted within 24 hours, upon the property to which such application relates, in a conspicuous place thereon adjacent to the street, to which shall be appended a notice to all persons who may properly object to the issuance of such permit ordering them to give notice in writing to the Inspector of Buildings of any objection thereto within seven days of the posting of such notice.
2.
The applicant to notify forthwith, in a manner satisfactory to the Inspector of Buildings, all the owners of such real estate as in the opinion of the Inspector of Buildings might be affected by the issuance of the permit ordering them to notify the Inspector of Buildings of any objections they have within seven days thereof. If at the expiration of seven days the Inspector of Buildings has received notification from any persons objecting to the issuance of the permit, a date shall be set for a hearing thereon and all parties objecting and the applicant notified thereof. After such hearing, the Inspector of Buildings may issue or refuse such permit.
§ 10.2.1 General.
This bylaw shall be enforced by the Inspector of Buildings or other duly authorized agent appointed by the Select Board.
§ 10.2.2 Enforcement request.
If the Inspector of Buildings or other duly appointed agent is requested, in writing, to enforce the provisions of this chapter against a person allegedly in violation of the same and they decline to act, they shall notify, in writing, the party requesting such enforcement of any action or refusal to act and the reasons therefore within 14 days of receipt of such request.
§ 10.2.3 Notice of violation.
If a violation shall be determined by the Inspector of Buildings or other duly appointed agent by an investigation of the facts and inspection of the premises, a written notice thereof shall be transmitted to the owner or their duly authorized agent. Such notice shall order that any use or condition of the premises contrary to the provisions of this chapter shall cease immediately. A copy of such notice shall also be delivered to the Select Board by the Inspector of Buildings or agent.
§ 10.2.4 Penalties.
Any person violating any provision of this bylaw, upon conviction, shall be fined $300 for each offense, and each day that such violation continues shall constitute a separate offense.
§ 10.2.5 Noncriminal disposition.
In addition to the procedures for enforcement as described in the previous paragraph, the provisions of this bylaw may be enforced by the Inspector of Buildings by noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D. The penalty for violation of any provision of this bylaw shall be $100 for the first offense; $200 for the second offense; and $300 for the third and each subsequent offense.
§ 10.3.1 Establishment.
The Zoning Board of Appeals shall consist of three members and three associate members, who shall be appointed and act in all matters under this bylaw in the manner prescribed by Chapters 40A and 41 of the General Laws, as amended.
§ 10.3.2 Powers.
The Zoning Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B and 41 of the General Laws and by this bylaw. The Board's powers are as follows:
1.
Special permits. To hear and decide applications for special permits upon which the Board is empowered to act under this bylaw.
2.
Variances. To hear and decide appeals or petitions for variances from the terms of this bylaw, excluding variances for use, with respect to particular land or structures. Such variances shall be granted only in accordance with MGL c. 40A, § 10.
3.
Appeals. Other administrative appeals will also be heard and decided by the Board of Appeals when taken by:
a.
Any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of MGL c. 40A; or by
b.
The Metropolitan Area Planning Council; or by
c.
Any person, including any officer or board of the Town of Sharon or of any abutting town, if aggrieved by any order or decision of the Inspector of Buildings or other administrative official, in violation of any provision of MGL c. 40A or this bylaw.
4.
Withheld building permits. Building permits withheld by the Inspector of Buildings acting under MGL c. 41, § 81Y, as a means of enforcing the Subdivision Control Law, may be issued by the Zoning Board of Appeals where the Board finds practical difficulty or unnecessary hardship, and if the circumstances of the case do not require that the building be related to a way shown on the subdivision plan in question.
5.
To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in MGL c. 40B, §§ 20 through 23.
§ 10.3.3 Rules and regulations; fees.
The Board may by majority vote adopt rules and regulations and may impose fees for any application, including consultant fees pursuant to MGL c. 44, § 53G.
§ 10.4.1 Establishment.
The Planning Board shall consist of five elected members.
§ 10.4.2 Powers.
The Planning Board shall have the following powers:
1.
To hear and decide applications for special permits, when designated as the SPGA in this bylaw.
§ 10.4.3 Rules and regulations; fees.
The Planning Board may by majority vote adopt rules and regulations and may impose fees for any application, including consultant fees pursuant to MGL c. 44, § 53G.
§ 10.5.1 Special permit granting authority.
When designated by this bylaw, the Zoning Board of Appeals, the Select Board, or the Planning Board shall act as the special permit granting authority (SPGA).
§ 10.5.2 Criteria.
Special permits shall be granted by the special permit granting authority, 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 this 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.
Neighborhood character and social structures;
5.
Impacts on the natural environment; and
6.
Potential fiscal impact, including impact on Town services, tax base, and employment.
§ 10.5.3 Procedures.
An application for a special permit shall be filed in accordance with the rules and regulations of the special permit granting authority.
§ 10.5.4 Conditions.
Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this bylaw. Such conditions may include, but are not limited to the following:
1.
Requirement of street side or rear yards greater than the minimum required by this bylaw.
2.
Requirement 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.
3.
Modification of the exterior features or appearance of the structure.
4.
Limitation of size, number of occupants, method or time of operation or extent of facilities.
5.
Regulation of number, design and location of access drives or other traffic features.
6.
Requirement of off-street parking or other special features beyond the minimum required by this bylaw or other applicable bylaws.
7.
Adequacy of method of sewage disposal, source of drinking water and drainage.
8.
Requirements to ensure the adequacy of utilities and other public services.
9.
Measures to minimize adverse impacts on public and private water supplies.
10.
If within Business District D, the extent to which buildings exceeding the gross floor area and footprint limitations of Section 4.0, and satisfy the requirements, design requirements, and performance standards of § 6.2 in a manner comparable to buildings otherwise permitted herein.
11.
If within the Surface Water Resource Protection District, measures to minimize cumulative impacts on Lake Massapoag and its tributary streams, including consideration of nitrate-nitrogen loadings and other chemicals as specified by state and federal regulations for surface water.
12.
If within the Groundwater Resource Protection District, measures to minimize cumulative impacts on municipal water supplies, including consideration of nitrate-nitrogen loadings and other chemicals as specified by state and federal regulations for drinking water.
13.
If within Professional Districts, potential risk in terms of health and safety, including without limitation biohazards and risk related to behavioral characteristics of patients.
14.
Requirement for inspection and monitoring of any condition of the special permit in order to determine compliance with the terms of the special permit.
15.
For special permits under § 9.2.9, the adequacy of proposed method and supporting evidence of the ability to recharge, on-site, any increase in the volume of runoff from an impervious area, and/or the adequacy of proposed method and supporting evidence to recharge the underlying groundwater deposit and minimize sedimentation of surface water.
§ 10.5.5 Referral.
The Zoning Board of Appeals, Select Board and Planning Board, when serving as the SPGA, shall refer a special permit application to the Board of Health, Conservation Commission, and the Department of Public Works for written comments and recommendations before taking final action on said special permit application. The SPGA may refer a special permit application to any other Town agency, board, or department for comments and recommendations if it so desires before taking final action on said special permit application. A public hearing on said referral shall not be required. Any such board or agency to which applications are referred for comment shall make its recommendations and send copies thereof to the SPGA and the applicant within 35 days of receipt of the referral request by said board or agency or there shall be deemed no opposition or desire to comment. The SPGA shall not act upon said special permit until either comments from referred board or agencies have been received, or said 35 days have elapsed, whichever is sooner. Applications referred to more than one board or agency may be reviewed jointly by said boards or agencies.
§ 10.5.6 Plans.
Unless otherwise provided by the rules and regulations of the special permit granting authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of § 10.6, herein. The provisions of this section shall not apply to applications for special permits pursuant to § 5.0 to alter a nonconformity. The Zoning Board of Appeals shall establish procedures governing such applications by regulation.
§ 10.5.7 Regulations.
The special permit granting authority may adopt rules and regulations for the administration of this section.
§ 10.5.8 Fees.
The special permit granting authority may adopt reasonable administrative fees and technical review fees pursuant to MGL c. 44, § 53G for applications for special permits.
§ 10.5.9 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.
§ 10.6.1 Site plan approval required.
In all instances where site plan approval is required, no building or structure shall be erected, moved or externally enlarged and no area for parking, loading or vehicular services (including driveways giving access thereto) shall be established or changed, except in conformity with a duly endorsed site plan.
§ 10.6.2 Zoning Board of Appeals.
Unless specifically designated otherwise, the Zoning Board of Appeals is authorized to grant site plan approval. Site plan review is a tiered process which provides additional requirements for larger projects which have greater potential to cause significant impacts.
§ 10.6.3 Site plan review.
[Amended 11-30-2023 STM by Art. 5]
Single family residences and two-family residences on one lot are exempt from site plan review (SPR). Site plan review is required for the projects listed below.
1.
Construction, exterior alteration, exterior expansion, or change of use within a municipal, institutional, commercial, or industrial project.
2.
Residential projects involving three or more dwelling units; or
3.
Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial, or residential structure with 20 or more parking spaces.
The Zoning Board of Appeals may waive site plan review for minor changes to existing facilities. |
Site plan review (SPR) shall either be minor site plan review (minor) or major site plan review. Projects that fall within one or more of the ranges set forth in § 10.6.4 require minor site plan review. Projects that exceed one or more of the thresholds set forth in § 10.6.5 require major site plan review. |
§ 10.6.4 Minor site plan review.
[Amended 11-30-2023 STM by Art. 5]
Minor SPR is required for the projects included in § 10.6.3 that fall within one or more of the following ranges:
§ 10.6.5 Major site plan review.
[Amended 11-30-2023 STM by Art. 5]
Major SPR is required for the projects listed in § 10.6.3 that exceed one or more of the following thresholds:
1.
Nonresidential projects with greater than 25,000 square feet of gross floor area;
2.
Residential projects with 50 or more dwelling units; and
3.
Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial, or residential structure with 100 or more parking spaces.
§ 10.6.6 Coordinated review.
Coordinated review is required under the Stormwater Discharges Generated by Construction Activity General Bylaw in all districts for site plans that disturb in excess of one acre of land. For the purposes of this subsection, the designation "disturb" shall mean any land area which, according to the plan, will be subject to any activity such as clearing, grading and excavating that exposes soil, sand, rock, gravel or similar earth material. See Ch. 230, Stormwater Management, Art. II, Construction Activity Discharges.
§ 10.6.7 Reports to the Zoning Board of Appeals.
Within 10 days following receipt of a duly submitted site plan, the Zoning Board of Appeals shall transmit one copy thereof to the Design Review Committee, Planning Board, Board of Health, and Conservation Commission. The Design Review Committee, Planning Board, Board of Health, and Conservation Commission shall investigate the case and report in writing their recommendations to the Zoning Board of Appeals. The Design Review Committee, Planning Board, Board of Health, and Conservation Commission may seek pertinent information from other Town officials or boards and may request additional information from the applicant. The Zoning Board of Appeals shall not take final action on said plan until it has received a report thereon from the Design Review Committee, Planning Board, Board of Health, and Conservation Commission, or until 45 days have elapsed after receipt of such plan without submission of a report thereon. In reaching its decision, the Zoning Board of Appeals shall fully consider the recommendations set forth in these reports and shall accord particular weight to reports identifying significant adverse impacts that cannot be avoided, minimized, or mitigated.
§ 10.6.8 Submission requirements.
Applications for Minor SPR and Major SPR shall follow these submission requirements:
1.
Applicants are encouraged to submit a sketch plan of proposed projects prior to formal site plan submission.
2.
Site plan submissions shall be prepared by a multidisciplinary team. The drawings shall be signed and sealed by a Massachusetts civil professional engineer (PE), a Massachusetts professional land surveyor (PLS), and a Massachusetts registered landscape architect (RLA).
3.
Site plans shall include a cover sheet, layout sheet, grading and drainage sheet, traffic control sheet, landscaping sheet, lighting sheet, photometric sheet, construction details sheet, a construction phasing sheet, and a sedimentation and erosion control sheet.
4.
Site plans shall conform to the requirements of the Board with respect to scale, dimensions, legend, form and preparation acceptable to the Board. The Board may promulgate submission standards and requirements for site plan submission. Site plans shall be drawn at a suitable scale and layout shall be tied to the Mass State Coordinate System and elevations shall be on North American Vertical Datum (NAVD 88).
5.
Existing conditions shall be based on an on-the-ground survey based on fieldwork performed no more than two years prior to submission.
§ 10.6.9 Contents of minor SPR.
A minor SPR shall show, among other things:
1.
All existing and proposed buildings and structures and their uses, means of building egress, parking areas, access drives, loading areas, refuse and other waste disposal facilities and dumpsters, driveway openings, driveways, service areas and all other open space areas, zoning summary table, accessible parking spaces, and accessible routes.
2.
Existing and proposed grading shall be shown with one-foot contours and spot grades. Earthwork quantities, geotechnical investigations, and foundation engineering reports shall be provided as required by the Zoning Board of Appeals.
3.
All facilities for sanitary sewer collection systems, wastewater treatment systems, stormwater management systems, stormwater collection systems, water storage and supply systems, fire protection systems, site lighting, lighting and pole details, lighting photometric, and cable utility systems. Lighting fixture locations shall be shown for coordination purposes.
4.
Landscape plan and detail sheets showing all hardscape and planting elements. Use of native plant materials is encouraged. Plants included on the Massachusetts Department of Agriculture's Massachusetts Prohibited Plant List shall not be used. The drawings shall show the quantity, location, species, and height or caliper of all trees and shrubs and the species, size, and quantity of all groundcovers. Construction details shall be provided for all structures and hardscape elements, and planting details shall be provided for coniferous and deciduous trees and shrubs of each size.
5.
Drainage calculations and a narrative report shall be submitted detailing runoff under existing predeveloped conditions and under future post-development conditions and should identify changes in the peak rate and total volume of stormwater runoff for the one-, two-, ten-, twenty-five-, and 100-year-frequency storm events.
6.
Architectural plans and elevations for all structures shall be submitted, signed and sealed by a Massachusetts registered architect (RA).
7.
A complete sign package shall be submitted, including all advertising and way-finding signage. All wall signs and freestanding signs shall be shown. Sign plans and details shall show locations, dimensions, colors, materials, finishes, methods of illumination and illumination levels, and methods of structural support.
8.
In addition, the Zoning Board of Appeals will establish a "scope" detailing the design, fiscal, environmental, and community issues to be evaluated based upon the likely impacts of the proposed project. In establishing the scope, the Board shall consider the comments of Town boards and officials having special expertise in the issues being evaluated. The scope of each study shall be proportional to the significance of related impacts on the site and Town.
§ 10.6.10 Contents of major SPR.
A major SPR shall show, among other things all requirements of § 10.6.9. In addition, the Zoning Board of Appeals will establish a "scope" detailing the design, fiscal, environmental, and community issues to be evaluated based upon the likely impacts of the proposed project. In establishing the scope, the Board shall consider the comments of Town boards and officials having special expertise in the issues being evaluated and the review thresholds set forth below. The scope of each study shall be proportional to the significance of related impacts on the site and Town.
1.
A traffic impact and access (TIAS) study, or traffic memorandum, prepared by a qualified traffic engineer licensed by the Commonwealth of Massachusetts, or professional with demonstrated relevant experience, detailing the expected traffic impacts. For proposed development in excess of 25,000 gross square feet, the required traffic study shall substantially conform to the Institute of Transportation Engineers "Traffic Access and Impact Studies for Site Development: A Recommended Practice," latest edition with a forecast for the next five years, at minimum, from the time of the opening of the development.
2.
Construction impacts and truck traffic shall be provided for sites disturbing over five acres.
3.
Acoustical studies shall be provided where rooftop mechanical equipment is proposed or where the proposed use will generate noise when said building or use is within 500 feet of residences.
4.
Air quality studies shall be provided where intersections in the traffic study area will operate at Level of Service E or F.
5.
Groundwater flow, including geohydro models and aquifer recharge studies, where on-site wastewater disposal exceeds 5,000 gallons per day or where more than 40,000 square feet of impervious material will be placed within a Water Resource Protection District.
6.
Visual quality and aesthetic studies shall be provided for projects exceeding 60,000 square feet of gross floor area.
7.
Fiscal impact and property tax studies shall be provided for projects exceeding 60,000 square feet of gross floor area.
8.
Infrastructure studies shall be provided for projects exceeding 60,000 square feet of gross floor area.
§ 10.6.11 Decision making criteria.
In determining whether site plan approval should be granted, the Board should consider the following:
1.
The extent to which the site plan protects adjoining premises and on-site residential uses against any possible detrimental or offensive uses on the site, including unsightly or obnoxious appearance.
2.
The extent to which the site plan provides convenient and safe vehicular and pedestrian movement within the site, and in relation to adjacent street, property or improvements.
3.
The extent to which the site plan provides adequate methods of disposal for sewage, refuse or other wastes resulting from the uses permitted or permissible on the site, the methods of drainage for surface water, and of provisions for the removal of snow from circulation and parking areas.
4.
The extent to which the site plan provides adequate parking and street loading facilities.
5.
The extent to which the site plan promotes public safety in terms of adequate fire and police protection and access.
6.
If within the Surface Water Resource Protection District, the extent to which the site plan incorporates measures to minimize cumulative impacts on Lake Massapoag and its tributary streams, including consideration of nitrate-nitrogen loadings. All related information shall be provided and distributed by the applicant.
7.
If within the Groundwater Resource Protection District, the extent to which the site plan incorporates measures to minimize cumulative impacts on municipal water supplies, including consideration of nitrate-nitrogen loadings. All related information shall be provided and distributed by the applicant.
8.
If within Water Resource Protection Districts, the extent to which earthwork minimizes impacts on groundwater resources.
§ 10.6.12 Additional criteria for Business Districts A and C; Town Center.
The purpose of this section is to assist owners, tenants and designers of buildings in the Town Center in strengthening the social and economic base, to make the district an attractive place in which to live, visit, work and shop, to preserve property values, to prevent alterations or additions that are incompatible with the Town Center village vision portrayed in supporting guidelines, and to enhance the provision of safe and adequate circulation, parking utilities and drainage.
In addition to the criteria set forth in § 10.6.11, the site plan review criteria to be applied for projects located within the Business A or the Business C District are summarized below and are portrayed in the Post Office Square Design Guidelines.
1.
Site design and its relation to the neighborhood. Buildings should be located to establish a uniform streetscape and to ensure that drives, parking areas, walks, service and septic uses have a functional, safe, and harmonious interrelationship, are compatible with the existing site features and adjacent buildings, and establish common public areas for circulation and seating. The plan should protect adjoining premises and on-site residential uses against any possible detrimental design or site plan features.
2.
If within the Groundwater Resource Protection District, all related information should be provided and distributed by the applicant identifying measures to minimize cumulative impacts on municipal water supplies, including consideration of nitrate-nitrogen loadings.
3.
Building and facade design. Buildings should relate in scale and design features to the surrounding buildings as well as to their location at corners or along view corridors. Design which is compatible with the promotion of architecture of a traditional New England village downtown business district should be encouraged through the use of appropriate building materials, breaks in roof and wall lines, differentiation between ground-floor commercial and upper-floor residential uses.
4.
Parking, loading, auto service uses. The plan shall maximize the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways. Where appropriate, a traffic study will be undertaken to estimate average daily and peak-hour vehicle trips to be generated by the site and traffic flow patterns for vehicles and pedestrians showing adequate access to and from the site, adequate circulation, and provision for off-street loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishment or use within the site.
5.
Landscaping, buffers, fencing, paving, lighting. The plan shall identify landscaping which is complementary to the scale and location of the building and its relationship to the street and adjacent structures. Lighting, screening, paving materials should reinforce a New England village theme.
6.
Signs. The plan shall create a sign that is appropriate in relation to development scale, and should serve to enhance architectural elements of the building. The sign design, materials and placement should provide continuity with signage from neighboring structures, and should reinforce that of a New England village theme.
§ 10.6.13 Additional criteria for Business District D.
1.
The extent to which the site plan fulfills the objective of the Business District D to provide a New England village style development accommodating retail, office and uses otherwise permitted within freestanding residential-scale structures.
2.
The extent to which proposed structures reflect New England's architectural heritage.
3.
The extent to which nearby buildings have distinct but harmonious architectural elements.
4.
The extent to which the site plan provides grouped buildings that are visually distinct and separate.
5.
The extent to which high-quality landscape elements and amenities are provided within the public open spaces within building groups.
6.
The extent to which each parking field is visually distinct and the extent to which unbroken and monotonous expanses of pavement are avoided.
7.
The extent to which roadways serving the site conform to collector street standards.
8.
The extent to which annual recharge for the "build case" exceeds annual recharge for the "existing case."
9.
The extent to which peak-hour levels of service at intersections within the traffic study area operate at Level of Service D or higher under the "build plus five-year case."
10.
The extent to which on-site wastewater treatment allows groundwater to meet Massachusetts drinking water standards at the property line.
11.
The extent to which rooftop mechanical equipment shall be visually screened and acoustically buffered and to which day-night average sound levels caused by this equipment do not exceed 55 dB at the property line.
§ 10.6.14 Procedures.
The Zoning Board of Appeals shall hold a public hearing for consideration of an application of site plan approval. Said hearing shall be conducted in accordance with the procedures set forth in MGL c. 40A, § 11 for special permits. The written decision of the Zoning Board of Appeals shall be filed with the Town Clerk within 90 days of the close of the public hearing. Failure to file the decision within 90 days of the close of the public hearing shall be constructive approval of the site plan application.
§ 10.6.15 Lapse.
Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Board upon the written request of the applicant.
§ 10.6.16 Regulations.
The Board may adopt reasonable regulations for the administration of site plan review.
§ 10.6.17 Fee.
The Board may adopt reasonable administrative fees and technical review fees for site plan review.
§ 10.6.18 Appeal.
Any decision of the Zoning Board of Appeals pursuant to this section shall be appealed in accordance with MGL c. 40A, § 17 to a court of competent jurisdiction.
§ 10.7.1 Purpose.
The purpose of this section is to provide for site plan review of religious uses, educational uses, and child care centers otherwise "exempt" pursuant to MGL c. 40A, § 3. These are items B.1, B.2 and B.3 in the Table of Use Regulations.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
§ 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.3, as set forth in the Table of Use Regulations, shall require site plan approval from the Planning Board pursuant to this section.
§ 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 the information required by § 10.6 necessary to determine the scope of reasonable regulations that shall be applied to the Dover Amendment Use.
§ 10.7.5 Decision.
[Amended 5-1-2023 ATM by Art. 12]
The Planning Board may approve, or approve with conditions, a complete plan submission 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 constructive approval of the site plan.
§ 10.7.6 Appeal.
Any appeal of the Planning Board's decision shall be made pursuant to MGL c. 40A, § 17, to a court of competent jurisdiction.
§ 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). See also MGL c. 40A, § 3.]. 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; and
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).
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 shall decide a request for reasonable accommodation by majority vote. 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:
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 a 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.