A.

Establishment—Composition—Terms—Qualifications—Interest—Powers.

1.

There shall be established a board of appeals, consisting of three members and three associate members, appointed by the town council and the council president. In the first instance, one member and one associate member shall be appointed for a term of one, two and three years, respectively, and annually thereafter one member and one associate member shall be appointed for the period of three years. All members shall hold the office from April 1st in the year of appointment and until their successors are appointed. Members of the board of appeals shall all be residents of the town. At least one member or associate member shall be a lawyer, one a contracting builder and one an architect or structural or civil engineer. All of these shall have had at least ten years' experience and a responsible position in his or her business or profession. The foregoing qualifications may be waived by the town council if, in its judgment, it becomes necessary.

2.

No member or associate of the board of appeals shall represent before such board any party in any matter pending before it.

3.

Powers.

a.

Under this title, the board of appeals shall have the following powers:

i.

To hear and decide appeals;

ii.

To hear and decide, except as otherwise provided in this title, applications for special permits;

iii.

To authorize upon appeal, or upon petition in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon, a variance from the terms of this title.

b.

In exercising its powers under subsection (A)(3)(a)(ii) and (iii) of this section, the 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.

c.

In exercising these powers, the board of appeals may, in conformity with the provisions of this title and the Zoning Act, revise or affirm, in whole or in part, or may modify any order or decision and may make such order or decision as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.

B.

Adoption of Rules. The 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 provisions of this title. A copy of such rules shall be filed in the office of the town clerk. Meetings of the board of appeals shall be held at the call of the chairperson and also when called in such other manner as the board of appeals shall determine in its rules.

C.

Appeals.

1.

Any person aggrieved by reason of his or her inability to obtain a permit from the inspector of buildings under the provisions of this title by any officer, department or board in the town or by any order or decision of the inspector of buildings or other town official in violation of any provisions of this title may take an appeal to the board of appeals.

2.

Any person desiring to obtain the permission of the board of appeals for any purpose for which such permission is required under the provisions of this title shall make application, in writing, therefor within thirty (30) days from the date of the order or decision which is being appealed by filing a notice of appeal, specifying the grounds thereof, with the town clerk. The town clerk shall forthwith transmit copies thereof to such officers or board whose order or decision is being appealed and to the members of the board of appeals. Such officer or board shall forthwith transmit to the board of appeals all documents and papers constituting the record of the case in which the appeal is taken.

3.

Hearings.

a.

The board of appeals shall fix a reasonable time for the hearing of any appeal or other matter referred to it or any petition for a variance and shall cause the notice of the time and place of such hearing thereof and the subject matter, sufficient for identification, to be published in a newspaper of general circulation in the town in each of two successive weeks, the first publication to be not less than fourteen (14) days before the day of hearing, and also before the day of the hearing shall send notice by mail, postage prepaid, to the petitioner and to the owners of all property deemed by the board of appeals to be affected thereby, including the abutters and the owners of land next adjoining the land of the abutters, within a radius of three hundred (300) feet, notwithstanding that the abutting land or next adjoining land is located in another city or town, as they appear on the most recent local tax list, and to the town planning board. The publication required by this section shall contain the following printed in boldface type:

i.

The name of the petitioner;

ii.

The location of the area or premises which is the subject of the petition;

iii.

The date and place of the public hearing.

b.

At the hearing, any party, whether entitled to notice thereof or not, may appear in person or by agent or by attorney.

4.

The chairperson of the board of appeals, or in his or her absence the acting chairperson, may administer oaths, summon witnesses and call for production of papers. All hearings shall be open to the public. The board of appeals shall act within sixty-five (65) days after the date of the filing of an appeal, application or permit under Chapters 17.12, 17.16 or 17.24 and other applicable sections of this title within ninety (90) days following a public hearing for which notice has been given by publication or posting as required in the applicable sections of this title. Failure of the board of appeals or other special permit granting authority to act within the specified times shall be deemed to constitute the approval of the board of appeals or special permit granting authority of the appeal, application or petition.

5.

The board of appeals shall cause to be made a detailed record of its proceedings, showing the vote, indicating such fact and setting forth clearly the reasons for its decisions, and of its other official actions, copies of all which shall be filed within fourteen (14) days in the office of the town clerk and the office of the planning board and shall be a public record, and notice of decisions shall be mailed immediately to parties in interest as designated in subsection (C)(3) of this section and to every person present at the hearing who requests that notice be sent to him or her and states the address to which such notice is to be sent. Upon the granting of a limited or conditional zoning variance or special permit, the board of appeals shall issue to the landowner a notice, certified by the chairperson or clerk, containing the name and address of the landowner, identifying the land affected and stating that a limited or conditional variance or special permit has been granted which is set forth in the decision of the board of appeals on file in the office of the town clerk. No such variance or permit shall take effect until such notice is recorded in the Suffolk County registry of deeds. The fee for recording such notice shall be paid by the owner, and the notice shall be indexed in the grantor index under the name of the owner of record.

6.

The concurring vote of all members of the board of appeals shall be necessary to reverse any order or decision of any administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under this title or to effect any variance in the application of this title.

7.

No appeal or petition for a variance from the terms of this title with respect to a particular parcel of land or the building thereon and no application for a special permit or exception to the terms of this title which has been unfavorably acted upon by the board of appeals shall be considered on its merits by the board of appeals within two years after the date of such unfavorable action except with the consent of all but one of the members of the planning board; provided, however, that an annulment of a favorable decision of the board of appeals by the court shall not constitute unfavorable action within the meaning of this subsection.

D.

Other Requirements.

1.

The granting of an appeal by the board of appeals shall not exempt the applicant from any provision of this title not specifically set forth as exception in this particular case from a provision of this title. It is unlawful for any owner or person to reconstruct, convert or alter a structure or change the use, increase the intensity of use or extend or displace the use of any building or other structure or lot or change any required limitations or special conditions imposed by the board of appeals in authorizing a special permit or variance without appealing to the board of appeals as a new case over which the board of appeals shall have complete administrative power to deny, approve or modify.

2.

Variance. If the rights authorized by a variance are not exercised within one year of the date of granting of such variance, it shall lapse, and may be reestablished only after notice and a new hearing pursuant to subsection C of this section.

3.

Special Permits. Special permits granted under Chapter 17.24 and other applicable sections of this title shall lapse after two years of the date of the granting of the special permit if a substantial use thereof has not commenced.

E.

[Board of appeals fee schedule.]

(Ord. 10/17/06 (part); prior code § 145-70)

Editor's note— The fees in this subsection have been added in Supplement No. 1 at the direction of the town and in accordance with the town manager's fee schedule.

Certain uses, structures or conditions are designated as special permit uses in this title. Upon written application duly made, the board of appeals may in appropriate cases, subject to the applicable conditions set forth in Chapter 17.24 of this title and elsewhere and subject to other appropriate conditions and safeguards, grant a special permit for such exceptions and no other.

(Ord. 10/17/06 (part); prior code § 145-71)

The board of appeals may authorize a variance from the terms of this title for a particular use or parcel of land or for an existing building where, owing to conditions especially affecting such parcel or such building but not affecting generally the district in which it is located, a literal enforcement of the provisions of this title would involve substantial hardship, financial or otherwise, to the appellant and where desirable relief may be granted without substantial detriment to the public good and without nullifying nor substantially derogating from the intent or purpose of this title. Before any variance is granted the board of appeals must find all conditions to be present as specified in MGL c. 40A.

(Ord. 10/17/06 (part); prior code § 145-72)

The building inspector shall be charged with the administration and enforcement of the provisions of this title. He or she shall withhold a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved shall be in violation of the provisions of this title; and no permit shall be granted for a new use of a building, structure or land which would be in violation of this title. If the building inspector is requested in writing to enforce this title or any provisions thereof against any party allegedly in violation of the same and the building inspector declines to act, he or she shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reason therefor, within fourteen (14) days of receipt of such request.

(Ord. 10/17/06 (part); prior code § 145-73)

A.

It is unlawful for any owner or person to erect, construct, reconstruct or alter a structure 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 inspector of buildings 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.

B.

An application for a permit shall be accompanied by a plan, accurately drawn, 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 title. A record of all applications, plans and permits shall be kept on file by the inspector of buildings. The inspector of buildings shall take action on an application for a permit, either granting the permit or disapproving the application, within thirty (30) days of receipt of the application.

C.

No permit shall be issued under this section if the building, structure or lot as constructed, altered, relocated or used would be in violation of any provision of this title. Whenever such permit or license is refused because of some provision of this title, the reason shall be clearly stated, in writing.

(Ord. 10/17/06 (part); prior code § 145-74)

The status of previously approved permits shall be determined by MGL c. 40A, § 6 as amended by Chapter 808 of the Acts of 1975.

(Ord. 10/17/06 (part); prior code § 145-75)

A.

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

B.

Applications for certificates of occupancy and compliance shall be filed coincident with the application for building permits and shall be issued or refused, in writing, for cause within five days after the inspector of buildings has been notified, in writing, that the erection or alteration of such building has been completed. Failure of the inspector of buildings to act within five days of receipt of such notification shall be deemed to constitute approval of the application for a certificate of occupancy. A record of all certificates shall be kept on file in the office of the inspector of buildings. Buildings accessory to dwellings, when completed at the same time, shall not require a separate certificate of occupancy. Pending the issuance of a regular certificate, a temporary certificate may be issued for a period not exceeding six months, during the completion of alteration or during partial occupancy of a building, pending its completion. No temporary certificate shall be issued prior to its completion if the building fails to conform to the provisions of the building code and state laws or of this title to such a degree as to render it unsafe for the occupancy proposed.

(Ord. 10/17/06 (part); prior code § 145-76)

Any person violating any of the provisions of this title shall be fined not more than one hundred dollars ($100.00) for each offense. Each day that such violation continues shall constitute a separate offense.

(Ord. 10/17/06 (part); prior code § 145-77)