A Zoning Board of Appeals (ZBA) consisting of five members shall be appointed by the Select Board and shall have the powers as provided for in the Zoning Act, MGL, c. 40A, and in this Zoning Bylaw. As provided for in c. 379 the Acts of 1996, the ZBA members shall be appointed for terms of three years. The Select Board shall also appoint three associate members of the ZBA as provided for in MGL c. 40A, § 12. Each associate member shall be appointed for a term of three years and shall participate in ZBA proceedings as provided for in MGL c. 40A, § 12. The ZBA shall have the following powers:

Every application for a special permit under § 198-203 shall be accompanied by a plot plan prepared and certified by a professional land surveyor and a written description of the lot, the existing buildings and structures thereon and the location of any proposed building or structure on the lot, together with plans for any proposed building or structure, and shall in every case comply with the provisions of this Zoning Bylaw and the regulations of the ZBA or Planning Board, as may be the special permit granting authority.

The Building Commissioner may not issue a building permit for a use, building, or structure for which a special permit is required unless the special permit granting authority, the ZBA or the Planning Board, as applicable, shall have issued a special permit. Upon application for such a special permit, the special permit granting authority shall give public notice by publication in a newspaper and by mail to the applicant and to the owners of all property who are entitled to be notified, as provided for in MGL c. 40A. The special permit granting authority shall hold a hearing, render a decision and take final action on the application as provided for in MGL c. 40A. The applicant shall show to the satisfaction of the special permit granting authority that the use, building, or structure for which application is made shall not be against the public interest, shall not derogate from the character of the neighborhood in which such use, building, or structure is to occur and shall not be detrimental or offensive because of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features and that such use, building, or structure shall not otherwise be injurious to the inhabitants of the Town or their property or dangerous to the public health or safety. When not so satisfied, the special permit granting authority shall deny the application. When the special permit granting authority determines that a special permit may be granted if accompanied by conditions specially designated to safeguard the neighborhood and the Town, it shall impose such conditions and make them a part of the decision, and they shall be made a part of the building permit issued by the Building Commissioner.

There shall be one associate member of the Planning Board who shall be elected to serve a term of five years.

(Reserved)[1]

In the event of a vacancy in the position of associate member, the Planning Board and the Select Board shall jointly appoint, by majority vote of all members of both boards present, an associate member for the remaining portion of the term at which time the position shall be filled by election in the manner as regular members. No vote to fill a vacancy may occur unless a quorum of both the Select Board and the Planning Board is present for the vote.

The Chairman of the Planning Board may require such associate member to be in attendance at special permit proceedings and hearings and may designate such associate member to sit on the Planning Board for the purpose of acting on a special permit application 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 during special permit application proceedings and hearings. In no case, however, shall more than five members in total, including the associate member, acting as the Planning Board, take any action on any special permit. Notwithstanding the expiration of the term of any duly appointed or elected associate member, said associate member shall continue to serve on any matter on which he or she was designated to serve until final action is taken on the matter.

The Building Commissioner/Zoning Enforcement Officer shall be charged with the enforcement of this Zoning Bylaw. No building permit may be issued for the construction, alteration or moving of any building or structure if the building or structure, as constructed, altered or moved, would be in violation of this Zoning Bylaw.

The penalty for each violation of this Zoning Bylaw shall be as stated in the article specifying the penalty for such violations in the Town of Wayland Code, as may be amended from time to time (currently Chapter 1, General Provisions, Article II, Violations and Penalties).

No building permit may be issued under any application of any kind unless the plans and specifications that shall accompany such application, and the intended use of any building, structure or lot under such permit, shall be in all respects in conformity with the provisions of this Zoning Bylaw.