Wakefield City Zoning Code

Building inspector. The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Building Inspector, who shall have such powers as are conferred upon him or her by MGL c. 40A, this chapter, and as reasonably may be implied. He shall be appointed as presently specified by the bylaws of the Town of Wakefield.

Duties of the building inspector. It shall be the duty of the Building Inspector, or his or her duly authorized agents, to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of provisions of this chapter as provided by MGL c. 40A, § 7.

Records. The Building Inspector shall maintain a permanent public record of all matters considered and all action taken by him, and such records shall form a part of the records of his office. An individual permanent file for each application by street address for a permit provided for by this chapter shall be established at the time the application is made. Said file shall contain one copy of the application and all supporting documents, maps and plans; notations regarding pertinent dates and fees and the like; as appropriate, one copy of the resolution of the Special Permit Granting Authority or the Zoning Board of Appeals in acting on the application; and the date the permit applied for was issued or denied by the Building Inspector.

Enforcement requests. If the Building Inspector is requested, in writing, to enforce this chapter against any person allegedly in violation of the same and the Building Inspector declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act and the reasons therefor within 14 days after such receipt.

Building permit required. It shall be unlawful for any owner or person to erect, construct, reconstruct or alter a structure, including a sign, or change the use or lot coverage, increase the intensity of use or extend or displace the use of any building, other structure or lot without applying for and receiving from the Building Inspector the required building permit therefor. For purposes of administration, such permit and application procedure involving a structure may be made at the same time and combined with the permit required under the Building Code.

Application. An application for a permit shall be accompanied by a plan, accurately drawn on a scale of one inch equals 40 feet, prepared and stamped by a registered engineer or land surveyor showing the actual shape and dimensions of the lot to be built upon, the exact location and size of all buildings or structures already on the lot, the location of new buildings or structures to be constructed, together with the lines within which all buildings or structures are to be erected, the existing and intended use of each building or structure and such other information as may be necessary to provide for the execution and enforcement of this chapter.

Compliance required. No permit shall be issued under this chapter if the building, structure or lot as constructed, altered, relocated or used would be in violation of any provision of this chapter or the State Building Code. Whenever such permit or license is refused because of some provisions of this chapter, the reason therefor shall be clearly stated in writing. The Building Inspector shall take action on an application for permit, either granting the permit or disapproving the application, within 30 days of receipt of the application.

Commencement of construction. Construction under a building permit shall begin within six months after the date of issuance and shall continue through to completion as continuously and expeditiously as is reasonable.

Certificate of occupancy required. No building hereafter erected, altered substantially in its use or extent or relocated shall be used or occupied, and no change shall be made of the use of any building or of any parcel of land, unless a certificate of occupancy signed by the Building Inspector has been granted to the owner for occupancy of such land or building. Such certificate shall not be granted unless the proposed use of the land and building and all accessory uses comply in all respects with this chapter and if use shall be made of such land or building that is not authorized by such certificate of occupancy.

Notice of violation. If the Building Inspector shall be informed in writing or have reason to believe that any provision of this chapter has been, is being or may be violated, he or she shall make or cause to be made an investigation of the facts and inspect the property where the violation may exist. If he or she shall find any such violation, he or she shall serve a notice of violation and order to any owner or person responsible for such violation of any approved plan, information or drawing pertinent thereto or in violation of a permit or certificate issued under the provisions of this chapter, and such order shall direct the discontinuance of the unlawful action, use or condition and the abatement of the violation within a reasonable time to be specified by the Building Inspector. Any owner having been served with a notice and who ceases any work or other activity shall not leave any structure or lot in such condition as to be a hazard or menace to the public safety, health or general welfare.

Penalty. If the notice of violation and order is not complied with promptly, the Building Inspector shall institute the appropriate action or proceeding at law or in equity to prevent any unlawful action, use of condition and to restrain, correct or abate such violation. Penalties for violations shall, upon conviction, be affixed in the sum of $300 for each offense. Each day, or portion of a day, that any violation is allowed to continue shall constitute a separate offense.

Noncriminal disposition. Any alleged violation of any of the provisions of this chapter may, in the sole discretion of the Building Inspector or his designee, be made the subject matter of proceedings initiated by the Building Inspector pursuant to the provisions of MGL c. 40, § 21D, that is noncriminal disposition. If the Building Inspector so elects to proceed under MGL c. 40, § 21D, all the terms and provisions of such Bylaw and section shall thereafter govern said action.

Membership. There shall be a Zoning Board of Appeals (hereafter called "Board of Appeals") consisting of five members and three associate members. All members of said Zoning Board of Appeals shall be registered voters in the Town of Wakefield. The Zoning Board of Appeals shall annually elect a Chairperson and a Clerk from its membership.

Appointment. Members of the Zoning Board of Appeals in office at the effective date of this chapter shall continue in office for the duration of their appointed terms. However, as terms expire or vacancies occur, the Town Council shall make appointments pursuant to MGL c. 40A and the bylaws of the Town of Wakefield.

Powers. Under this chapter, the Zoning Board of Appeals shall have the following powers:

Conditions. In exercising the powers under Subsection C(2) and (3), above, the Zoning Board of Appeals may impose limitations both of time and use, and a continuation of the use permitted may be conditioned upon compliance with regulations to be made and amended from time to time thereafter.

Adoption of rules. The Zoning Board of Appeals shall adopt rules, pursuant to the Zoning Act and not inconsistent with the provisions of the bylaws of the Town, for conducting its business and otherwise carrying out the purposes of this chapter. A copy of such rules shall be filed in the office of the Town Clerk.

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.

Establishment. The Planning Board shall consist of five elected members and two appointed associate members.

Powers. The Planning Board shall have the following powers:

Associate member. The Town Council and the Planning Board shall appoint an associate member of the Planning Board for a term of one year. When the Planning Board has been designated as a Special Permit Granting Authority by this chapter, the Chairperson of the Planning Board may designate the associate member to sit on the Planning 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 Planning Board.

Regulations. The Planning Board may adopt rules and regulations for the administration of its powers.

Fees. The Planning Board may adopt reasonable administrative fees and technical review fees for applications for special permits and site plan review.

Special permit granting authority. When designated by this chapter, the Zoning Board of Appeals, the Town Council, and the Planning Board shall act as the Special Permit Granting Authority (SPGA). The Zoning Board of Appeals shall act as the SPGA for all special permits required under this chapter when no one is specifically designated as the SPGA for said special permit by this chapter.

Criteria. Special permits shall be granted by the SPGA, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this chapter, the determination shall include consideration of each of the following:

Procedures. An application for a special permit shall be filed in accordance with the rules and regulations of the SPGA and MGL c. 40A, § 11.

Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the SPGA may deem necessary to serve the purposes of this chapter. Such conditions may include, but are not limited to the following:

Referral. The Zoning Board of Appeals, Town Council, 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.

Plans. Unless otherwise provided by rule or regulation of the SPGA, an applicant for a special permit or a finding shall submit a plan in substantial conformance with the requirements of § 190-61, herein. The provisions of this chapter shall not apply to applications for special permits pursuant to Article V to alter a nonconformity. The SPGA shall establish procedures governing such applications by regulation.

Regulations. Pursuant to MGL c. 40A, § 9, the SPGA may adopt rules relative to the issuance of special permits. These rules and regulations may relate to the size, form, content and style of the plans and procedures for submission and approval of such special permits, and shall not be inconsistent with the Massachusetts General Laws and provisions of this chapter. The SPGA may from time to time amend these rules. Copies of the rules shall be on file and available for review at the office of the Town Clerk.

Fees. The SPGA may adopt reasonable administrative fees and technical review fees for applications for special permits.

Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 36 months following the filing of the 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.

Purpose. The purpose of this chapter is to provide the designation of the board or agency which shall act on the various site plan review applications, and to provide the general and specific regulations governing such applications and the procedures by which such applications shall be approved.

General regulations. Certain uses, structures or conditions are designated in the Table of Use Regulations as requiring a special permit. Upon submission of a written application duly made to the Zoning Board of Appeals acting as Special Permit Granting Authority (SPGA), the SPGA may, in appropriate cases, subject to the requirements of state law, applicable conditions contained herein and to all other reasonable conditions and safeguards, grant a special permit for such uses, structures or conditions. Before granting such a special permit, the SPGA, with due regard to the nature and condition of all adjacent structures and uses and the district within which the same is located, shall subject the application to site plan review under this § 190-61.

Site plan review in conjunction with special permit application. In order that the SPGA may determine that the criteria for the grant of a special permit set forth in § 190-60B have been met, the applicant shall submit a site plan prepared by a Registered Architect, Landscape Architect, or Professional Engineer licensed by the Commonwealth of Massachusetts. The site plan shall be prepared at a scale no greater than 1" = 40', and shall show the following:

Additional application requirements. The applicant shall also submit the following:

Waiver of technical compliance. The SPGA may, upon written request of the applicant, waive any of the technical or procedural requirements of this chapter where the project involves relatively simple development plans.

Exemptions. Notwithstanding anything contained in this chapter to the contrary, the submission or distribution of site plans as herein set forth shall not be required in the following instances:

Site plan review when special permit is not required. All proposals which are located in an area of the Town zoned as a Business District or an Industrial District and which do not require a special permit from the SPGA must be approved by the Planning Board through site plan review prior to the issuance of a building permit. The Planning Board is hereby authorized to exercise the powers of site plan review over such proposals not subject to a special permit application and located on parcels in the aforesaid districts.

Regulations of the Planning Board. The Planning Board may adopt site plan review regulations to promote any of the purposes set forth in § 190-61I.

Decision; criteria. Site plan approval shall be granted upon determination by the Board, by majority vote after public hearing in accordance with the procedures set forth in MGL c. 40A, § 11, that the plan meets the following objectives. The Board may impose reasonable conditions at the expense of the applicant 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. The Planning Board shall use the parking, signage, landscaping and other performance standards prescribed in Article VI of this chapter in considering all site plans, in order to promote the following goals:

Performance guarantee. As a condition of site plan approval, the Planning Board may require that construction and site alteration permitted and specified by said approval be secured by one, or in part by one and in part by the other, of the methods set forth in MGL c. 41, § 81U (except for the statutory covenant).

Release of guarantee. Performance guarantees may be released in whole or from time to time, in part, when the work has been satisfactorily completed in the opinion of the Planning Board. The Planning Board shall then release the interest of the town in such bond and return any bond or deposit to the person who furnished the same. Request for all releases shall be by certified, return receipt letter to the Planning Board and the Town Clerk and shall outline that portion of the work to be released and shall be accompanied by an engineer's or surveyor's certification that the work has been done in accordance with the requirements of the granted site plan approval. If the Planning Board determines that said construction or site alteration has not been completed, it shall specify in a notice sent by registered mail to the applicant and to the Town Clerk, the details wherein said construction or site alteration fails to comply with the site plan approval and upon failure to do so within 45 days after the receipt by said Town Clerk of said request by the applicant, all obligations under any bond shall cease and terminate by operation of law, and any deposit shall be returned. In the event that said 45-day period expires without such specification, or without the release and return of the bond or return of the deposit as aforesaid, the said Town Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded.

Lapse. Site plan approval shall lapse after three 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.

Fees. The Planning Board may adopt reasonable administrative fees and technical review fees for site plan review.

Appeal. Any decision of the Planning Board pursuant to this chapter shall be appealed in accordance with MGL c. 40A, § 17, to a court of competent jurisdiction.

Purpose. The purpose of this chapter 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 and Parking Regulations.

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 and Parking Regulations, shall require site plan approval from the Planning Board pursuant to this chapter.

Scope of site plan review. Under this chapter, Site Plan Review shall be limited to two inquiries:

Required information. All applications for Site Plan Review shall be in writing and provide, at a minimum, the following information:

Plan information. All applications for Site Plan Review shall be in writing and provide the information required by § 190-60 determined by the Planning Board to be reasonably necessary to determine the scope of regulations that shall be applied to the Dover Amendment Use.

Decision. The Planning Board may approve, approve with conditions, an application for site plan approval. In making its decision, the Planning Board shall be guided exclusively by MGL c. 40A, § 3. The Planning Board shall file a written decision with the Town Clerk within 90 days of receipt of the application. Failure to file a decision within 90 days shall constitute approval of the site plan.

Appeal. Any appeal of the Planning Board's decision shall be made pursuant to MGL c. 40A, § 17, to a court of competent jurisdiction.

Purpose. Under the following laws, 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. Section 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. 12102(b)(5). See also MGL c. 40A, § 3. The purpose of this chapter is to facilitate housing and services for persons with disabilities and to comply fully with the spirit and the letter of the FHA and, where applicable, the ADA.

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 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.

Zoning Board of Appeals. All requests for reasonable accommodation under the FHA or the ADA shall be submitted to the Zoning Board of Appeals (ZBA).

Information. All requests for reasonable accommodation shall be in writing and provide, at a minimum, the following information:

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.

Decision. After conducting an appropriate inquiry into the request for reasonable accommodation, the ZBA may:

Appeal. The ZBA's decision pursuant to this chapter may be appealed to a court of competent jurisdiction in accordance with MGL c. 40A, § 17, or otherwise.

File. The ZBA shall maintain a file of all requests for reasonable accommodation under the FHA 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.

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.

Purpose of the design review board. The Design Review Board shall review and make recommendations concerning all sign applications.

Composition of the design review board. The Design Review Board shall be appointed by the Town Council and consist of three residents of Wakefield, one of whom shall be a member or associate member of the Zoning Board of Appeals, and the other two of whom shall preferably have the following qualifications: training and experience in the art or design professions, or qualified by training and experience in architecture. The Town Council may appoint up to two alternate members of the Design Review Board. In the absence of a member, the Chairperson of the Design Review Board may designate an alternate member to serve in the place of the absent member. An alternate member so designated may discuss, vote, and otherwise participate as a Design Review Board member in matters that come before the Design Review Board. Until such time as the Design Review Board has been appointed and the Chairperson of the Design Review Board provides written notification to the Zoning Board of Appeals and the Town Council that the Design Review Board has been sufficiently organized and ready to receive and review applications, the Zoning Board of Appeals shall act as the Design Review Board.

Authority and powers. Recommendations of the Design Review Board are advisory. The Design Review Board shall evaluate sign applications based on the design criteria set forth below. The Design Review Board shall review applications for sign permits, meet with applicants for sign permits and provide recommendations to modify a sign's design to meet the design criteria set forth in this chapter. The Design Review Board's findings, along with any recommended restrictions and conditions, shall be forwarded either to the Building Inspector and, if a special permit is required, to the Zoning Board of Appeals also. Sign permit applicants who meet all applicable criteria set forth in this article and who do not require a special permit are entitled to sign permits as of right from the Building Inspector, notwithstanding any negative recommendation by the Design Review Board; however, the Building Inspector shall endeavor to convince such an applicant to conform his sign to the reasonable suggestions of the Design Review Board.

Preapplication review. Applicants for multiple signs and larger projects are very strongly encouraged to request a preapplication review at a regular business meeting of the Design Review Board. The purpose of a preapplication review is to minimize the applicant's costs of engineering and other technical experts, and to commence dialogue at the earliest possible stage in the project's development.

Design criteria. The Design Review Board shall review requests for sign permits and special permits under this article based on the following standards:

Design guidelines. The Design Review Board may publish guidelines based on the design criteria set forth and cited above and provide references to resource materials that facilitate an applicant's understanding of the purposes of this chapter.

Responsibility to maintain file system. Permits and application files are to remain in the Building Inspector's office. Electronic files provided by the applicant are to be stored on the Town's computer system using a street address filing system cross-referenced with tax map numbers.