Upton City Zoning Code
ARTICLE 9
Administration and Procedures
§ 300-9.1 Administration.
A.
Permits. This bylaw shall be administered by the Building Commissioner. Pursuant to the State Building Code, the Building Commissioner may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the commonwealth. 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 unless in compliance with then-applicable zoning and after all necessary permits have been received under federal, state, or local law.
B.
Enforcement. The Building Commissioner shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this bylaw and of permits and variances issued thereunder, including notification of noncompliance and request for legal action through the Select Board members to Town Counsel.
[Amended 11-7-2023 STM by Art. 16]
C.
Penalties. The penalty for violation of any provision of this bylaw, of any of the conditions under which a permit is issued, or of any decision rendered by the Zoning Board of Appeals shall be $300 for each offense. Each day that each violation continues shall constitute a separate offense.
§ 300-9.2 Zoning Board of Appeals.
A.
Establishment. There shall be a Zoning Board of Appeals consisting of five persons, inhabitants of the Town. The Select Board shall appoint the members. They shall hold office for a term of three years, except that, when the Board was first established, it consisted of three members and one member was appointed for a term of one year; one member was appointed for a term of two years; and one member was appointed for a term of three years and when the membership of the Board is increased, hereunder, to five members, one of the new members shall be appointed for an initial term of one year and one of the new members shall be appointed for an initial term of two years. The Select Board shall also appoint two persons, inhabitants of the Town, associate members of said Zoning Board of Appeals, who shall hold office for a term of three years, except that, when associate members were first appointed hereunder, one was appointed for a term of one year; one was appointed for a term of two years; and one was appointed for a term of three years. In case of vacancy, inability to act, or interest on the part of any member of the Zoning Board of Appeals, an associate member shall take his place.
[Amended 5-4-2023 ATM by Art. 35; 11-7-2023 STM by Art. 16]
B.
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)
To hear and decide applications for special permits. Unless otherwise specified herein, the Zoning Board of Appeals shall serve as the special permit granting authority.
(2)
To hear and decide appeals or petitions for variances from the terms of this bylaw, with respect to particular land or structures, as set forth in MGL c. 40A, § 10.
(3)
To hear and decide appeals taken by 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, §§ 8 and 15.
(4)
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 to 23.
C.
Regulations. The Zoning Board of Appeals may adopt rules and regulations for the administration of its powers.
D.
Fees. 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.
§ 300-9.3 Special permits.
A.
Special permit granting authority. Unless specifically designated otherwise, the Zoning Board of Appeals shall act as the special permit granting authority.
B.
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 cultural, historical, and natural environments; and
(6)
Potential fiscal impact, including impact on Town services, tax base, and employment.
C.
Procedures. An application for a special permit shall be filed in accordance with the rules and regulations of the special permit granting authority.
D.
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.
E.
Plans. Unless otherwise provided by the rule or regulation of the special permit granting authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of § 300-9.4 herein. The provisions of this § 300-9.4 should not apply to applications for special permits to reconstruct, extend, alter, or structurally change a nonconforming single- or two-family structure. The SPGA shall establish procedures governing such applications by regulation.
[Amended 5-8-2021 ATM by Art. 16]
F.
Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section.
G.
Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits.
H.
Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun 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.
§ 300-9.4 Site plan approval.
A.
Applicability. Except when conducted in relation to a special permit, site plan review and approval, when applied to a by right use, is an administrative process.
(1)
The following types of activities and uses require site plan review by the Planning Board:
(a)
Construction, exterior alteration or exterior expansion of a 2,000 square feet or greater area, or change of use within a municipal, institutional, commercial, industrial, or multifamily structure with four or more dwelling units.
(b)
Construction or expansion of a ten-car parking lot containing or that will contain 10 or more vehicle spaces for a municipal, institutional, commercial, industrial, or multifamily structure or purpose.
(c)
Personal wireless facility as provided for in § 300-6.2.
(d)
Large-scale ground-mounted solar photovoltaic installations as provided for in § 300-6.6.
(2)
Exception. Any construction, alteration, demolition, or removal of a structure that is considered routine maintenance or that does not result in a substantial change in appearance shall be exempt from these requirements.
B.
Procedure. Applicants for site plan approval shall submit an application with 10 copies of the site plan to the Planning Board for review. A copy of the submitted site plan will be forwarded to the Board of Health, Conservation Commission, Public Works Department, Fire and EMS Department, Police Department, and Code Enforcement Department for their advisory review and comments. The Planning Board will also submit a copy of the site plan to the Town Clerk for public review. If comments from Town departments are not received within 45 days of filing with the Planning Board it is deemed no opposition.
(1)
A site plan approval process requires a public hearing within 90 days of filing the application. The applicant must provide the Planning Board with an abutters list and must furnish notice of the proposed project to all abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within 30 feet of the property line of the proposed project. The applicant will be responsible for sending this notice via United States Postal Service certified mail return receipt requested at his/her expense. All return receipts shall be submitted to the Planning Board at the opening of the scheduled public hearing. A minor change to an approved site plan does not require a public hearing, but requires approval of the Planning Board. The difference between a site plan review and a minor change to an approved site plan shall be stated in Chapter 308, Site Plan Approval, of this Code, as amended.
(2)
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, and send notice of the decision to the applicant and file the decision with the Town Clerk. The decision of the Planning Board shall be upon the majority of the members of the Planning Board and shall be in writing. At the written request of the applicant, and with the concurrence of the Planning Board, the 120-day period may be extended.
(3)
No building permit or certificate of occupancy shall be issued by the Code Enforcement Department without the written approval of the site plan by the Planning Board, unless 120 days lapse from the date of the submittal of the site plan without final action by the Planning Board or an extension of such time has been granted.
(4)
An application for a building permit to perform work as set forth in § 300-9.4A, available as of right, shall be accompanied by an approved site plan.
(5)
An application for a special permit or a variance to perform work, as set forth in § 300-9.4A, shall be accompanied by an approved site plan. In the alternative, any special permit or variance granted for work set forth in § 300-9.4A shall contain the following condition: "The work described herein requires the approval of a site plan by the Planning Board pursuant to § 300-9.4A of the Zoning Bylaw. Any conditions imposed in such site plan approval shall also be conditions of this special permit/variance."
(6)
Where the Planning Board approves a site plan with conditions, and said approved site plan accompanies a special permit or variance application to the Zoning Board of Appeals, the conditions imposed by the Planning Board shall be incorporated into the issuance, if any, of a special permit or variance by the Zoning Board of Appeals.
(7)
Where the Planning Board serves as the special permit granting authority for proposed work, it shall consolidate its site plan review and special permit procedures.
(8)
In addition to the requirements of this section, a site plan shall contain information specified in accordance with any site plan rules and regulations adopted by the Planning Board.
(9)
No deviation from an approved site plan shall be permitted without modification thereof.
C.
Preparation of plan. Applicants are invited to submit a preapplication sketch of the proposed project to the Planning Board and to schedule a comment period at a regular meeting of the Planning Board. A registered professional engineer, registered land surveyor, architect, or landscape architect shall prepare plans, as appropriate. Dimensions and scale shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal.
D.
Content of plan. The content of the plan shall comply with Chapter 308, Site Plan Approval, of this Code, as amended from time to time.
E.
Waiver of technical compliance. Upon a written request from the applicant, the Planning Board, where such action is in the public interest and not inconsistent with the intent and purpose of this section and its rules and regulations, may waive requirements of submitting a full site plan. Such determination may be made by an affirmative vote of not less than three members of the Planning Board.
F.
Approval. 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 provisions for utilities and stormwater drainage consistent with the functional requirements of Chapter 310, Subdivision of Land, of this Code. New buildings 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 the building form, grading, egress points, and other aspects of the development, so as to:
(1)
Minimize the volume of cut and fill, the length of removed stone walls, the number of large trees removed, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and the threat of air, water, and noise pollution;
(2)
Maximize pedestrian and vehicular safety both on site and egressing from it;
(3)
Minimize obstruction of scenic views from publicly accessible locations;
(4)
Minimize visual intrusion by controlling the visibility of parking and loading, signage, storage, or other outdoor service area viewed from public ways or premises residentially used or zoned;
(5)
Minimize glare from headlights and lighting intrusion;
(6)
Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places;
(7)
Minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances;
(8)
Provide adequate landscaping, screening and buffer areas;
(9)
Certify that the proposal is in compliance with the provisions, if applicable, of the American with Disabilities Act[1] and the Massachusetts Architectural Access Board.
[Amended 5-8-2021 ATM by Art. 16]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
G.
Period of validity. Site plan approval lapses if it is not exercised within two years of the date on which the Planning Board decision is filed with the Town Clerk. Any lapsed site plan approval and any major amendment to the plan submitted in the original review process will require a new application and approval by the Board.
H.
Rules and regulations. The Planning Board may adopt and from time to time amend reasonable rules and regulations for the administration of this Site Plan Bylaw.[2] The Planning Board may adopt reasonable administrative fees and technical review fees for site plan review.
[2]
Editor's Note: See Ch. 308, Site Plan Approval.
I.
Appeal. In the event of an unfavorable decision, the applicant may appeal the decision through the building permit process via the Zoning Board of Appeals and ultimately to a court of competent jurisdiction.
§ 300-9.5 Planning Board associate member.
A.
The Planning Board, when it is sitting as the special permit granting authority, shall consist of five members and one associate member. The Planning Board Chairman may designate an associate member to sit on the Board for purposes of acting on a special permit application in the case of absence, inability to act or conflict of interest of a regular member, or in the event of a vacancy on the Planning Board until said vacancy is filled in a manner provided under MGL c. 41, § 81A.
B.
The associate member shall be a registered voter in the Town of Upton and shall be appointed by the majority vote of the Select Board members and the Planning Board. The term of associate member shall be two years.
[Amended 5-4-2023 ATM by Art. 35]
