Wenham City Zoning Code
ARTICLE 13
Administration
§ 255-13.1 Office of the Building Inspector.
A.
Appointment. The Board of Selectmen shall, within 30 days after this bylaw becomes effective and thereafter in March, appoint a Building Inspector, who shall hold office for the term of one year. Their compensation shall be regulated by the Selectmen unless determined by a vote of the Town at the Annual Town Meeting preceding their appointment. They shall not be interested in any contract or in the furnishing of materials for any buildings.
B.
Removal. The Board of Selectmen shall have the power to discharge the Inspector for failure to perform their duties, and to fill any vacancy in the office, during the period of their appointment.
C.
Powers and responsibilities. Except as otherwise provided, this bylaw shall be enforced by the Building Inspector, who shall not approve applications of any kind, or plans, or specifications, or intended use, which are not in all respects in conformity with this bylaw.
(1)
If the Building Inspector shall refuse to issue a permit, the applicant may appeal to the Zoning Board of Appeals.
(2)
If the Building Inspector is requested, in writing, to enforce the bylaw against any person allegedly in violation thereof, 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 therefor, within 14 days of receipt of such request.
(3)
The Building Inspector 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.
D.
Permit process. No building shall be erected or enlarged or moved without first filing with the Building Inspector plans in duplicate showing lot size, height of building, location of proposed building or buildings or additions thereto, on a lot which complies with Article 5, Dimensional Requirements, and showing the Floodplain District boundary and wetlands boundaries, if any, on the site.
[Amended 10-17-2020 STM by Art. 4]
(1)
Permit approval. The Building Inspector shall issue a building permit when satisfied that the plan complies in all respects with this bylaw, and where applicable when the approval of the Board of Health, Planning Board, Conservation Commission, Water Department, Tree Warden, and the Director of Public Works has been obtained, except that structures constructed within the Historic District are subject to prior approval of the Historic District Commission. One set of plans properly stamped by the Building Inspector is to be returned to the applicant with the permit, the other to be filed by the Building Inspector.
(2)
Lapse. A building permit shall become void unless construction is commenced within one year of the date of issue and completed within two years of the date of issue, unless for good cause such time shall have been extended by the Building Inspector, in writing.
(3)
Records. The Building Inspector shall keep a record of all business of the department, which record and all other books and papers relating to the transactions of the department shall be open at all times to the inspection of the public, and shall submit to the Selectmen a yearly report on such business and such other reports as they may require.
E.
Fees. The Building Inspector shall, with the approval of the Board of Selectmen, set fees for all permits and inspections, such fees not to be inconsistent with the State Building Code.
F.
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.
§ 255-13.2 Zoning Board of Appeals.
A.
Establishment. There shall be a Zoning Board of Appeals consisting of up to three members and up to three associates, citizens of the Town. The members shall be appointed by the Board of Selectmen. They shall hold office for a term of three years, except that, when the Board is first established hereunder, one member shall be appointed for a term of one year, one member shall be appointed for a term of two years, and one member shall be appointed for a term of three years. The Board of Selectmen shall appoint up to three persons, citizens of the Town, as associate members of said Zoning Board of Appeals, who shall hold office for a term of three years, except that, when associate members are first appointed hereunder, one shall be appointed for a term of one year, one shall be appointed for a term of two years and one shall be 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, their place shall be taken by an associate member designated by the Selectmen.
[Amended 10-17-2020 STM by Art. 4]
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. The Zoning Board of Appeals shall not grant use variances.
(3)
To hear and decide appeals taken by any person aggrieved by reason of their 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.
Conditions. In granting variances, the Board shall impose such conditions, safeguards, and limitations on time and use as it judges necessary to meet the general purposes of this bylaw and to ensure that results arising from the variance remain in harmony with the general purposes of this bylaw, except that such conditions cannot require continued ownership of the land or structure to which the variance pertains by the applicant, petitioner or owner.
E.
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 under MGL c. 40B.
F.
Lapse. Rights authorized by variance not exercised within one year of the date of granting shall lapse.
§ 255-13.3 Planning Board.
A.
Establishment. A Planning Board is established under the provisions of MGL c. 41, § 81A (Acts of 1936, Chapter 211), to consist of five members, one member to be elected each year at the Annual Town Meeting.
B.
Powers. The Planning Board shall have and exercise all powers granted to it by Chapters 40A and 41 of the General Laws and by this bylaw. The Board's relevant zoning powers are to hear and decide:
C.
Regulations. The Planning Board may adopt rules and regulations for the administration of its powers.
D.
Conditions. In granting special permits for site plan approval, the Planning Board shall impose such conditions, safeguards, and limitations on time and use as it judges necessary to meet the general purposes of this bylaw and to ensure that results arising from the permit or approval remain in harmony with the general purposes of this bylaw.
E.
Fees. The Planning Board may adopt reasonable administrative and technical review fees for petitions for special permits and site plan review.
§ 255-13.4 Special permits.
A.
Application. An application for a special permit shall be filed in accordance with the rules and regulations of the special permit granting authority.
B.
Plans. Unless otherwise provided in 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 § 255-13.1D herein.
C.
Approval 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)
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 and economic impact, including impact on Town services, tax base, and employment.
D.
Conditions.
(1)
In granting special permits, the Board shall impose such conditions, safeguards, and limitations on the time and use of specific permits as it judges are reasonably necessary to meet the general purposes of this bylaw and to ensure that uses permitted by special permit remain in substantial harmony with the general purposes and intent of this bylaw.
(2)
Unless the permit expressly provides otherwise, all special permits shall be personal to the applicant and shall lapse at the expiration of one year from their granting. Unless otherwise expressly provided in the permit, special permits will automatically be renewed on an annual basis unless written objection is filed with the Town Clerk prior to any anniversary date. In the event of written objection, a public hearing shall be held prior to deciding whether the special permit will be renewed.
E.
Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section.
F.
Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits.
G.
Lapse. Special permits shall lapse if substantial use or construction as granted under a permit has not commenced without good cause within one year from granting. This time limit excludes the time required to pursue or await the determination of an appeal.
§ 255-13.5 Site plan review.
[Amended 4-2-2016 ATM by Art. 18]
A.
Applicability. The following types of activities and uses require site plan review by the Planning Board:
(1)
Construction, exterior alteration or exterior expansion of, or change of use within, a municipal, institutional, commercial, industrial, or residential structure with two or more dwelling units; and
(2)
Any change of use from residential, including single-family, to municipal, institutional, commercial, or industrial use; and
[Added 4-6-2019 ATM by Art. 15]
(3)
Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial, or residential structure with two or more dwelling units.
(4)
For the following Institutional and Exempt Uses set forth in the Table of Use Regulations: educational, religious, and child-care facility, see § 255-13.7, Site plan review, for certain institutional and exempt uses (collectively, "Dover Amendment Uses"), subject to the limitations on the scope of review as set forth hereunder.
B.
Approval required. An application for a building permit to perform work as set forth in Subsection A shall be accompanied by an approved site plan. Prior to the commencement of any such activity, the project proponent shall obtain written site plan approval from the Planning Board.
C.
Procedures.
(1)
Applicants for site plan approval shall submit 10 copies of the site plan to the Planning Board for review. The Board shall provide a copy of the application to the Fire Department, Building Inspector, Board of Selectmen, Department of Public Works, Conservation Commission, Board of Health, and Police Chief for their advisory review and comments. Failure of such board or official to respond within 35 days of submittal shall be deemed a lack of opposition thereto.
(2)
The Planning Board shall hold a public hearing on each application for site plan approval. The public hearing procedures set forth in MGL c. 40A, §§ 9 and 11, for special permits shall be followed by the Board. The Planning Board shall review and act upon each site plan application and impose appropriate conditions within 90 days of the close of the public hearing, and provide written notice to the Town Clerk and applicant of its decision. The decision of the Board shall be by a majority of the Board and shall be in writing. No building permit shall be issued by the Building Inspector without the written approval of the site plan by the Planning Board, or unless 90 days lapse from the close of the public hearing without final action as set forth above.
(3)
The applicant may request, and the Board may grant by majority vote, an extension of the time limits set forth herein.
(4)
No deviation from an approved site plan shall be permitted without such modification being subject to Planning Board approval.
D.
Preparation of plans. Applicants are invited to submit a preapplication sketch of the proposed project to the Board and to schedule a comment period at a regular meeting of the Board. Site plans shall be submitted on twenty-four-inch by thirty-six-inch sheets. Plans shall be prepared by a registered professional engineer, registered land surveyor, architect, or landscape architect, as appropriate. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. All plans shall have a minimum scale of one inch equals 20 feet.
E.
Contents of plan.
[Amended 4-6-2019 ATM by Art. 15]
(1)
Five separate plans prepared at a scale of one inch equals 20 feet or such other scale as may be approved by the Board. The plans are as follows:
(a)
Site layout, which shall contain the boundaries of the lot(s) in the proposed development, proposed structures, drives, parking, fences, walls, walks, outdoor lighting, loading facilities, and areas for snow storage after plowing. The first sheet in this plan shall be a locus plan, at a scale of one inch equals 100 feet, showing the entire project and its relation to existing areas, buildings and roads for a distance of 1,000 feet from the project boundaries or such other distance as may be approved or required by the Board.
(b)
Topography and drainage plan, which shall contain the existing and proposed final topography at two-foot intervals and plans for handling stormwater drainage.
(c)
Utility and landscaping plan, which shall include all facilities for refuse and sewage disposal or storage of all wastes, the location of all hydrants, fire alarm and firefighting facilities on and adjacent to the site, all proposed recreational facilities and open space areas, and all wetlands, including floodplain areas.
(d)
Architectural plan, which shall include the ground-floor plan and architectural elevations of all proposed buildings and a color rendering.
(e)
Landscaping plan, showing the limits of work, existing tree lines, and all proposed landscape features and improvements, including screening, planting areas with size and type of stock for each shrub or tree, and including proposed erosion control measures.
(f)
Dover Amendment Uses shall be required to provide only information that is relevant to the limited scope of site review of the use as provided for under MGL c. 40A, § 3.
(2)
The site plan shall be accompanied by:
(a)
A written statement indicating the estimated time required to complete the proposed project and any and all phases thereof. There shall be submitted a written estimate, showing in detail the costs of all site improvements planned.
(b)
A written summary of the contemplated projects indicating, where appropriate, the number of dwelling units to be built and the acreage in residential use, the evidence of compliance with parking and off-street loading requirements, the forms of ownership contemplated for the property and a summary of the provisions of any ownership or maintenance thereof, identification of all land that will become common or public land, and any other evidence necessary to indicate compliance with this bylaw.
(c)
Drainage calculations by a registered professional engineer. Storm drainage design must conform to the Town's Subdivision Rules and Regulations and to the Planning Board's Rules and Regulations.
(d)
If the Board requires, narrative assessments of the on-site and off-site impacts of the proposed use and structures.
(f)
Dover Amendment Uses shall be required to provide only information that is relevant to the limited scope of site review of the use as provided for under MGL c. 40A, § 3.
F.
Waiver of technical compliance. The Board may, upon written request of the applicant, waive any of the technical requirements of this section where the project involves relatively simple development plans or constitutes a minor site plan.
G.
Approval. Site plan approval shall be granted upon determination by the Board that the plan meets the following objectives. The 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.
(1)
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:
(a)
Minimize the volume of cut and fill, the number of removed trees six inches caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution;
(b)
Maximize pedestrian and vehicular safety both on the site and egressing from it;
(c)
Minimize obstruction of scenic views from publicly accessible locations;
(d)
Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;
(e)
Minimize glare from headlights and lighting intrusion;
(f)
Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places;
(g)
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; and
(h)
Ensure compliance with the provisions of this Zoning Bylaw, including parking and landscaping.
(2)
Dover Amendment Uses shall be designed to address the requirements set forth under MGL c. 40A, § 3.
H.
Lapse. Site plan approval shall lapse after one year 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.
I.
Regulations. The Board may adopt additional reasonable regulations for the administration of site plan review.
J.
Fees. The Board may adopt reasonable administrative fees and technical review fees for site plan review.
K.
Appeal. Any decision of the Board pursuant to this section may be appealed in accordance with MGL c. 40A, § 17, to a court of competent jurisdiction.
§ 255-13.6 Variance.
A.
Application. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or bylaw where such permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or bylaw would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or bylaw. Except where local ordinances or bylaws shall expressly permit variances for use, no variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located; provided, however, that such variances properly granted prior to January 1, 1976, but limited in time, may be extended on the same terms and conditions that were in effect for such variance upon said effective date.
B.
Plans. Unless otherwise provided in the rules or regulations of the Zoning Board of Appeals, an applicant for a variance shall submit a plan in substantial conformance with the requirements of § 255-13.1D herein.
C.
Conditions. The permit-granting authority may impose conditions, safeguards, and limitations both of time and of use, including the continued existence of any particular structures but excluding any condition, safeguards or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner.
D.
Regulations. The Zoning Board of Appeals may adopt rules and regulations for the administration of this section.
E.
Fees. The Zoning Board of Appeals may adopt reasonable administrative fees and technical review fees for applications for variance.
F.
Lapse. If the rights authorized by a variance are not exercised within one year of the date of grant of such variance, such rights shall lapse; provided, however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one-year period. If the permit granting authority does not grant such extension within 30 days of the date of application therefor, and upon the expiration of the original one-year period, such rights may be reestablished only after notice and a new hearing pursuant to the provisions of this section.
§ 255-13.7 Site plan review for certain institutional and exempt uses.
[Added 4-2-2016 ATM by Art. 19]
A.
Purpose. The purpose of this section is to provide for site plan review of certain institutional and exempt uses in the Table of Use Regulations, specifically: educational, religious, and child-care facilities otherwise governed by MGL c. 40A, § 3 (collectively, the "Dover Amendment Uses").
B.
Site plan review required. Prior to the issuance of any building permit or certificate of occupancy, the establishment, alteration, change, extension, or reconstruction of any Dover Amendment Use shall require site plan approval from the Zoning Board of Appeals pursuant to this section.
C.
Scope of site plan review. Under this section, site plan review shall be limited to two inquiries:
(1)
Whether it has been determined that the proposed Dover Amendment Use qualifies for protection under MGL c. 40A, § 3; and, if so,
(2)
Whether the proposed Dover Amendment Use satisfies the applicable dimensional requirements for the subject property as set forth in the underlying zoning district where the subject property is located, as to the bulk and height of structures, yard sizes, lot area, setbacks, open space, parking and building coverage requirements to the extent it has been determined that those requirements may be reasonably applied to the proposed Dover Amendment Use.
D.
Procedures.
(1)
Applicants for site plan approval shall submit 10 copies of the site plan and required materials to the Zoning Board of Appeals (ZBA) for review. The ZBA shall provide a copy of the application to the Fire Department, Building Inspector, Planning Board, Board of Selectmen, Department of Public Works, Conservation Commission, Board of Health, and Police Chief for their advisory review and comments. Failure of such board or official to respond within 35 days of submittal shall be deemed a lack of opposition thereto.
(2)
The ZBA shall hold a public hearing on each application for site plan approval. The public hearing procedures set forth in MGL c. 40A, §§ 9 and 11, for special permits shall be followed by the ZBA. The ZBA shall review and act upon the site plan and impose appropriate conditions within 90 days of the close of the public hearing, and provide written notice to the Town Clerk and applicant of its decision. The decision of the ZBA shall be by a majority of the Board and shall be in writing. No building permit shall be issued by the Building Inspector without the written approval of the site plan by the ZBA, or unless 90 days lapse from the close of the public hearing without final action as set forth above.
(3)
The applicant may request, and the ZBA may grant by majority vote, an extension of the time limits set forth herein.
(4)
No deviation from an approved site plan shall be permitted without such modification being subject to ZBA approval.
E.
Required information. All applications for site plan review shall be in writing and provide, at a minimum, the following information:
(1)
Name and address of applicant person or entity;
(2)
Name and address of property owner;
(3)
Description of the proposed use and/or structure and determination that the proposed use is eligible for protection under MGL c. 40A, § 3;
(4)
A Zoning Chart depicting "required" vs. "provided" for all applicable zoning standards concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements that are set forth in the zoning district for the subject property and the determination that such standards are reasonably applicable to the proposed Dover Amendment Use;
(5)
As reasonably necessary to reach a decision on the application, the Zoning Board of Appeals may request further information from the applicant consistent with MGL c. 40A, § 3, specifying in detail the information required; provided, however, that it is the intent of this section to conduct site plan approval for Dover Amendment Uses only to comply with the provisions of MGL c. 40A, § 3.
F.
Decision. The ZBA may approve, approve with reasonable conditions, or deny an application for site plan approval. In making its decision, the ZBA shall be guided exclusively by MGL c. 40A, § 3, and shall not impose any requirement other than the requirements allowed to be applied under MGL c. 40A, § 3. The ZBA shall file its written decision with the Town Clerk within 90 days of the close of the public hearing. Failure to take such final action shall constitute approval of the site plan.
G.
Appeal. An appeal of the ZBA's decision may be made pursuant to MGL c. 40A, § 17, to a court of competent jurisdiction.