The Select Board shall appoint a Zoning Board of Appeals of five members, each for a term of five years. Vacancies shall be filled by the Select Board by appointment for the balance of the term in which the vacancy occurs. Associate members, to fill vacancies caused by unavoidable absence, inability to act or conflict of interest on the part of a member, shall be appointed by the Select Board annually for a term of one year.

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.

Variances shall be granted by the Zoning Board of Appeals only upon its written determination that all the following conditions are met and in accordance with MGL c. 40A, § 10, as amended from time to time:

A use variance may be granted provided the statutory variance requirements enumerated in Section 6130 are met, only on lots that conform to one or more of the following conditions:

The Zoning Board of Appeals may adopt rules and regulations for the administration of its powers.

The Zoning Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.

Unless specifically designated otherwise, the Zoning Board of Appeals shall act as the special permit granting authority.

An application for a special permit shall be made in accordance with the rules and regulations of the special permit granting authority.

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.

An applicant for a special permit shall submit a plan in substantial conformance with the rules and regulations of the special permit granting authority.

The special permit granting authority may adopt rules and regulations for the administration of this section.

The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits.

Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 12 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.

The following types of activities and uses require site plan review by the Planning Board:

"Change in use" means a change in part or all of an existing building or lot from one of the use categories listed in the chart below to another. Uses not included in the following chart shall be deemed to be included in the most nearly comparable use category. However, in a mixed- or multiuse building, change or rearrangement of uses that does not result in an increase of required parking or loading spaces according to the Table of Parking Requirements in Section 3100, hereof, shall not be construed as a change in use. For a use not included in said Table of Parking Requirements, the requirement for the most nearly comparable use appearing in the Table of Parking Requirements shall apply.

Applications for site plan approval shall be in accordance with the rules and regulations of the Planning Board. The Planning Board shall review and act upon the site plan, with such conditions as may be deemed appropriate, within 120 days of its receipt, but after a public hearing has been held, and notify the applicant of its decision. A majority vote of the Planning Board shall be required and shall be in writing. No building permit or certificate of occupancy shall be issued by the Building Inspector without the written approval of the site plan by the Planning Board, unless 120 days lapse from the date of the submittal of the complete site plan without action by the Planning Board.

The Planning Board shall adopt, and from time to time amend, rules and regulations not inconsistent with the provisions of this Section 6300 or MGL c. 40A or other applicable provisions of the General Laws, and shall file a copy of said rules and regulations with the Town Clerk. Such rules shall prescribe, as a minimum, the size, form, contents, style and number of copies of plans and specifications, the Town boards or agencies from which the Planning Board shall request written reports, and the procedure for submission and approval of a site plan. Such rules and regulations form an integral part of this Section 6300.

Any person seeking site plan approval shall submit a written application therefor to the Planning Board. Each such application shall be accompanied by the following:

The Planning Board shall transmit forthwith a copy of the application and plan(s) to the Select Board, Board of Health, Conservation Commission, Design Review Board, Town Engineer, Building Inspector, Fire Chief and such other boards, departments or committees as it may deem necessary or appropriate for their written reports. Any such board or agency to which petitions are referred shall make recommendations or submit such reports as it deems appropriate and shall send a copy thereof to the Planning Board and to the applicant prior to the scheduled hearing on the site plan.

The Planning Board may, upon written request of the applicant, waive any of the technical requirements of this Section 6300, including the requirement for a public hearing, where the project involves relatively simple development plans or constitutes a minor site plan. Applications for permits to build, alter or expand any nonresidential building, structure or use in any district where such construction will exceed a total gross floor area of 500 square feet but not exceed a total gross floor area of 2,000 square feet, or will not generate the need for more than 10 parking spaces, shall be deemed a minor site plan. For the purposes of computing the total gross floor area of a minor site plan, the Planning Board shall aggregate the gross floor area of new construction permitted within the five previous calendar years. Minor site plans shall set forth all of the information required by Section 6350; provided, however, that the scale of the site plan may as agreed upon with the Planning Board, need not be prepared by a professional, and the plan may depict topographical contours at intervals available on maps provided by the United States Geological Survey.

Site plan approval shall be granted upon determination by the Planning Board that the plan meets the following objectives. The Planning Board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Planning Board's Subdivision Rules and Regulations. New building construction or other site alteration shall be designed in the site plan after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development, so as to:

In reviewing a site plan within the Village Business District, the Planning Board shall require the following: a) pedestrian circulation shall be safe and easy between all abutting properties, as well as within an individual property; b) all new structures and alterations to existing structures shall be respectful of the scale and visual character of the existing neighborhood; and c) all plans shall be reviewed by the Design Review Board in a public hearing.

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 Planning Board upon the written request of the applicant. An appeal from a decision of the Planning Board relating to the substantive provisions of the Zoning Bylaw pursuant to Section 6300 shall be taken in accordance with the provisions of MGL c. 40A, § 8.

A majority of the Planning Board shall appoint one individual as an associate member of the Planning Board for applications where the Planning Board acts as a special permit granting authority. An associate member shall be appointed every two years by the Planning Board. In the event of a vacancy in the position of associate member, the position shall be filled in the same manner as in the case of the original appointment. The Chair of the Planning Board may require such associate member to be in attendance at special permit hearings and may designate such associate member to sit on the Board in the case of absence, inability to act, or conflict of interest on the part of any member of the Planning Board, or in the event of a vacancy on the Board.

A Design Review Board is hereby established. Said Design Review Board shall consist of five members who shall be appointed by the Planning Board in the manner prescribed herein. Members of the Design Review Board shall include, where possible in order of preference, an architect, a landscape architect, a resident from within or near the Business District and a graphics designer. Members shall serve for three years or until their successors are appointed.

The Design Review Board shall elect from among its members a Chair, Vice Chair and shall arrange for the services of a secretary and such other officers or employees as is deemed necessary. Each officer shall serve for a term of one year. The Design Review Board shall adopt rules and guidelines as are considered necessary to the conduct of its responsibilities which shall be a matter of public record. Meetings shall be held at the call of the Chair and at such other times as the Board may determine.

The Board shall keep records of its proceedings showing the vote of each member on every question, of the fact of their absence or failure to vote, and the final decision of the Board. Records shall also be kept of all plans, photographs and any other documents pertaining to each case, as well as all examinations, findings, determinations, and any other official action, including all reasons for all decisions and conditions prescribed; and all such items shall be a matter of public record. Decisions of the Design Review Board shall be by a simple majority and no final action shall be taken without the concurrence of at least three members.

Whether or not requested by the applicant, the Design Review Board shall review all applications for building permits, special permits or variances for all proposals for nonresidential uses if involving new construction, exterior alteration, or a sign larger than six square feet. An extra copy of all usual submittals required for such proposals shall be provided through the Inspector of Buildings. The Design Review Board review shall preferably be done in consultation with the applicant and their designer. The Design Review Board shall make an advisory report, in writing, to the applicant and as follows. Lack of a report from the Design Review Board shall not be sufficient reason to delay action on a proposal which otherwise could be acted upon by the Building Inspector, special permit granting authority, or Zoning Board of Appeals.

This bylaw may from time to time be changed by amendment, addition, or repeal by the Town Meeting in the manner provided in MGL c. 40A, § 5, and any amendments thereto.

The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision herein.