Appendex D-Zoning
APPENDIX D ZONING
Art. l. Administration and Procedure, Sec. ll. - 19
Art. 2. District Regulations, Sec. 2l - 27
Art. 3. General Regulations, Sec. 3l - 36
Art. 4. Special Regulations, Sec. 4l – 49
Art. 5. Definitions
*Editor's note - This appendix contains the town zoning by-law, adopted by the town on February 5, l957 as compiled through March l7, l973. Amendments subsequent to March l7, l973 have been worked into their proper place and are indicated by history notes. Amendments subsequent to February 5, l957 as reflected in the l973 compilation area also indicated by history notes. The absence of a history note indicates that the section was derived unchanged from the l957 by-law. Material enclosed in brackets has been added where necessary to correct obvious errors or to clarify the meaning where the same is ambiguous except that obviously misspelled words have been corrected without notation.
Cross references - Planning, country-regionplaceCh. l2; Millbury Board of Appeals Rules and Operating Procedures, App. A.
Editor's note - Article 40 of the By-Laws of April l, l978, repealed former Art. l of App. D, Sections ll. - l6, pertaining to administration and procedure and enacted, in lieu thereof, a new Art. l as herein set forth. The provisions of former Art. l were derived from the zoning by-law adopted Feb. 5, l957 as amended by By-laws of Mar. l7, l973, By-laws of May 4, l974, Art. 9l, and By-laws of Sept. 30, l974, Art. 8(I).
ARTICLE l. ADMINISTRATION AND PROCEDURE
Section 11 Purpose.
The purpose of this by-law is to promote the health, safety, convenience, amenity and general welfare of the inhabitants of the Town of CityplaceMillbury, through encouraging the most appropriate use of land, as authorized by Chapter 40A of the General Laws, and by Article 89 of the Amendments to the Constitution. (By-Laws of 4-l-78, Art. 40)
Section 12 Administration.
12.1 Inspector of Buildings. This by-law shall be administered and enforced by the Inspector of Building and/or his/her appointed assistants.
(By-Laws of 4-l-78, Art. 40; By-Laws of 5-l-90. Art. l7)
12.2 Compliance Certification. 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 without certification by the inspector of buildings that such action is in compliance with then-applicable zoning, or without review by him regarding whether all necessary permits have been received from those governmental agencies from which approval is required by federal, state or local law. Issuance of a building permit or certificate of use and occupancy, where required under the placePlaceTypeCommonwealth of PlaceNameMassachusetts State Building Code, may serve as such certification. (By-Laws of 4-1-78, Art. 40)
12.3 Permit Application. Application for permits for construction shall be accompanied by two (2) prints of a plan of the lot, drawn to scale, showing the actual dimensions of the lot, exact location and size of any existing or proposed buildings, and streets and ways adjacent to the lot. Where such are involved, any parking areas for six (6) or more cars and their means of egress, and any required screening of landscaping, shall also be shown. (By-Laws of 4-1-78, Art. 40)
12.4 Site Plan Review. To protect the health, safety, convenience and general welfare of the inhabitants of the town by providing for a review of plans for uses and structures which may have significant impacts on traffic, municipal and public services and utilities, environmental quality, community values in the town and community economics.
12.41 Applicability. The site plan review provisions shall apply to the following types of structures and uses:
(a) Any construction or exterior expansion of a nonresidential building or structure, or change in use from residential to commercial/industrial in any district which results in an increase of at least three thousand (3,000) square feet within any five (5) year period.
(b) Any construction or exterior expansion of a residential building or structure or change of use from commercial/industrial to residential in any district where such construction will contain two (2) or more apartment units.
(c) The construction or renovation of parking facilities involving seven (7) additional parking spaces, with the exception of normal maintenance.
(d) All special permit uses described in Section 14.11
(By-Laws of 5-7-91, Art. 30; By-Laws of 5-5-92, Art. 3l; Bylaws of 5-7-2002, Art. 26, Bylaws of 5-2-2006, Art. 39)
12.42 Basic Requirements.
(a) No building permit can be issued for the proposed development unless an application for site plan review and approval has been prepared in accordance with the requirements of this section, and unless such application has been approved by the Planning Board.
(b) No occupancy permits shall be granted by the building inspector until the Planning Board has given its approval that the development and any associated off-site improvements conform to the approved application for site plan review and approval, including any conditions imposed by the Planning Board.
(c) A temporary occupancy permit may be granted with the approval of the Planning Board subject to conditions for completion of work (which shall include a requirement for surety, in an amount and form to be determined by the Planning Board), imposed by the Planning Board.
(By-Laws of 5-7-91, Art. 30)
12.43 Application and Review Procedures.
(a) Prior to the filing of an application, the applicant shall submit plans to the building inspector who shall advise the applicant as to the pertinent sections of the zoning by-law. The applicant shall then submit ten (l) copies of the application to the Planning Board.
(b) Upon receiving a completed application, the Planning Board will transmit one (l) copy each to the building inspector, the engineering consultant, the police department, the fire department, the board of health and such other departments and boards as the Planning Board may determine necessary.
(c) These agencies must, within thirty-five (35) days of receiving said copy, report to the Planning Board on:
(l) The adequacy of the date and the methodology used by the applicant to determine impact of the proposed development.
(2) The effects of the proposed impacts of the proposed development. The agencies may recommend conditions or remedial measures to accommodate or mitigate the expected impacts of the proposed development. Failure by any such agency to report within the allocated time shall constitute approval by that agency of the adequacy of the submittal and also that, in the opinion of that agency, the proposed project will cause no adverse impact.
(d) The Planning Board shall not render a decision on the application until it has received and considered all reports requested from town departments and boards, or until the thirty-five (35) day period has expired, whichever is earlier.
(e) The Planning Board shall hold a public hearing on any properly completed application within sixty-five (65) days after filing, shall properly serve notice of such hearing and then must render its decision within ninety (90) days of the close of the hearing.
(f) In reviewing the impacts of a proposed development, the Planning Board shall consider the information presented in the application for site plan approval; all reports of town departments submitted to the Planning Board by any person, official, or agency, or acquired by the Planning Board on its own initiative or research.
(By-Laws of 5-7-9l, Art. 30)
12.44 Contents and Scope of Application. An application for site plan review and approval under this section must be prepared by qualified professionals, including a registered professional engineer and, where required by state law, a registered architect, and/or registered landscape architect, and shall include the following items and information:
(a) A site plan review at a scale of one inch equals twenty feet (l" = 20'), or such other scales as may be approved by the Planning Board. The site plan shall contain the following items and information:
· Names, addresses, and telephone numbers of the owner, applicant, and person(s) or firm(s) preparing the plan. If the applicant is not the owner, a notarized statement authorizing the applicant to act on the owner’s behalf and disclosing his interest shall be submitted.
· Name of project, property address, assessor’s map and lot number, the date, north arrow, names of abutters, and scale.
· Natural features including watercourses, water bodies, wetlands, soil properties, and any other environmental features of the landscape that are important to the site design process.
· Location of all existing and proposed easements, rights-of-way and other encumbrances.
· All floodplain information, including the contours of the one-hundred (100) year flood elevation based upon the most recent Flood Insurance Rate Map for Millbury, or as calculated by a professional land surveyor for unmapped areas.
· Location, width, curbing, and paving of all existing and proposed streets, rights-of-way, easements, alleys, driveways, sidewalks, and other public ways.
· Location of all pavement markings.
· Location of all existing and proposed on-site snow storage areas.
· The location and name of all streets and indicate whether the street is a
public and private way.
· Lot Lines with dimensions.
· Zoning district lines.
· Five (5) signature lines for the Planning Board approval.
· Existing and proposed topography contour lines at one (l) foot intervals.
· Information on the location, size, type and number of existing and proposed landscaping features.
· Information on the location, size and capacity of existing and proposed on-site and abutting utilities (water, sewer, drainage, electrical, cable, etc.)
· The location, type and intensity of lighting; the location and dimensions of all signage; and any site amenities; the location and screening of refuse containers.
· The location and dimensions of all existing and proposed building and uses on-site and on abutting properties.
· Elevation and facade treatment plans of all proposed buildings.
· Information on the location, size, and type of parking, loading, storage and service areas.
· Zoning and other applicable setback distances; and zoning parking
calculations.
(b) A landscape plan at the same scale as the site plan, showing the limits of work, existing tree lines, and all proposed landscape features and improvements including planting areas with size and type of stock for each shrub or tree.
(c) An isometric line drawing (projection) at the same scale as the site plan, showing the entire project and its relation to existing areas, building and roads for a distance of one hundred feet from the project boundaries.
(d) A locus plan at a scale of one inch equals l00 feet (l" = l00') showing the entire project and its relation to existing areas, buildings and roads for a distance of one hundred (l00) feet from the project boundary, or such other distances as may be approved or required by the Planning Board.
(e) Building elevation plans at a scale of one-quarter inch equals one foot (l/4" = l') or one-half inch equals one foot (l/2" = l'), showing all elevations of all proposed buildings and structures and indicating the type and color of materials to be used on all facades.
(f) Development impact statements which shall describe potential impacts on the proposed development, compare them to the impacts of uses which are or can be made of the site without a requirement of site plan review, identify all significant positive or adverse impacts, and propose an acceptable program to prevent or mitigate adverse impacts.
The Development impact statement shall consist of the following four elements:
(l) Traffic Impact Assessment:
Purpose: To document existing traffic conditions in the vicinity of the proposed project, to describe the volume and effect of projected traffic generated by the proposed object, and to identify measures proposed to mitigate any adverse impacts on traffic.
Format and Scope:
Existing traffic conditions: Average daily and peak hour volumes, average and peak speeds, sight distances, accident data, and levels of service (LOS) of intersections and streets likely to be affected by the proposed development. Generally, such data shall be presented for all streets and intersections adjacent to or within l,000 feet of the project boundaries.
Projected traffic conditions for design year or occupancy: Statement of design year or occupancy, background traffic growth on an annual average basis, impacts of proposed developments which have already been approved in part or in whole by the town.
Projected impact of proposed development: Project peak hour and daily traffic generated by the development on roads and ways in the vicinity of the development; sight lines at the intersections or the proposed driveways and streets; existing and proposed traffic controls in the vicinity of the proposed development; and projected post-sections and streets likely to be affected by the proposed development (as defined in subsection l2.42(f)(l) above).
Traffic study data shall be no more than twelve (l2) months old as of the date of application.
The maximum value of off-site extractions is 6 percent of development costs.
All off-site improvements required as a condition of site plan approval must be impacted by the proposed project.
(2) Environmental Impact Assessment:
Purpose: To describe the impacts of the proposed development with respect to on-site and off-site environmental quality.
Format and Scope: Identification of potential impacts: Description and evaluation of potential impacts on the quality of air, surface water, and ground water adjacent to or directly affected by the proposed development; on-site or off-site flooding, erosion, and/or sedimentation resulting from alterations to the project site, including grading changes and increases in impervious areas; on-site or off-site hazards; radiological emissions or other hazardous materials; adverse impacts on temperature and wind conditions on the site and adjacent properties; impacts on solar access or adjacent properties; and off-site noise or light impacts.
Systems Capacity: Evaluation of the adequacy of existing or proposed systems and services for water supply and disposal of liquid and solid wastes.
Proposed mitigation measures: Description of proposed measures for mitigation of any potential adverse impacts identified above.
(3) Fiscal impact assessment:
Purpose: To evaluate the fiscal and economic impacts of the proposed development on the town.
Format and Scope: Projections of costs arising from increased demands for public services and infrastructures..
Projections of benefits from increased tax revenues, employment (construction and permanent), and value of public infrastructure to be provided.
Projections of the impacts of the proposed development on the value of adjoining properties.
(4) Historic Impact:
Identification of impacts on significant historic properties, districts or areas, or archaeological resources (if any) in the vicinity of the proposed development.
Development Goals: Evaluation of the proposed project's consistency or compatibility with existing local and regional plans.
(g) The Planning Board may waive any of the above listed requirements if it believes that said requirement is not necessary based on the size and scope of the project. The applicant may petition the Planning Board prior to making a formal application to request notification as to which section(s) of the site plan review by-law requirements are necessary. The Planning Board will then notify the applicant within thirty (30) days as to which sections relate to the proposed project based on the size and scope of the project. (By-Laws of 5-7-9l, Art. 30) (Bylaws of 5-2-2006, Art. 39)
12.45 Design Standards
All site plan review applicants shall adhere to the following general principles
when designing a site plan for land within the Town of CityplaceMillbury.
(a) Preservation of Landscape: The landscape shall be preserved in its natural state, insofar as practicable by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of the neighboring developed areas. Where tree coverage does not exist or has been removed, new planting may be required. Finished site contours shall depart only minimally from the character of the natural site and the surrounding properties.
(b) Relation of Building to Environment: Proposed development shall be related harmoniously to the terrain and to use, scale and siting of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. All building and other structures shall be sited to minimize disruption of the topography. Strict attention shall be given to proper functional, visual and spatial relationship of all structures, landscaped elements and paved areas.
(c) Open Space: All open space (landscaped and usable) shall be so designed as to add to the visual amenities of the vicinity by maximizing its visibility to persons passing the site or overlooking it from nearby properties.
(d) Surface Water Drainage: There shall be no net increase in the volume of stormwater runoff across the boundaries of the site unless provisions have been made to tie into the public storm drains, where available, with the approval of the appropriate parties or authorities or, the Planning Board has determined that all reasonable provisions have been made to minimize any changes in stormwater runoff at the site. There shall be no adverse impacts to abutting properties from any increase in volume of stormwater runoff including erosion, silting, flooding, sedimentation or impacts to wetlands, ground water levels or wells.
(e) Insofar as possible, low impact development best management practices shall be utilized such that the site’s natural features and environmentally sensitive areas, such as wetlands, native vegetation, mature trees, slopes, natural drainage courses, permeable soils, floodplains, woodlands and soils are preserved. Use of stormwater management components that provide filtration, treatment and infiltration such as vegetated areas that slow down runoff, maximize infiltration and reduce contact with pave surfaces are strongly encouraged.
(f) Where the site is not proposed to be covered with gravel, hardscape, or a building or structure, a planting plan to ensure permanent re-vegetation of the site shall be submitted. Areas to be planted shall be loamed with not less than six inches (6”) compacted depth of good quality loam and seeded with turf grass seed or other appropriate ground cover in accordance with good planting practice.
(g) Ground Water Recharge and Quality Preservation: Ground Water Recharge shall be maximized and ground water quality shall be protected. Various techniques may be required to maximize recharge, and create a hydrologically functional lot or site, including the following: vegetated open channel systems along roads, rain gardens, buffer strips, use of amended soils that will store, filter and infiltrate runoff, bioretention areas, use of permeable pavement. In addition, reduction of impervious surfaces where possible, reduction of heat island effects, and use of water quality units such as grease traps or gas/oil separators will be encouraged.
(h) Where ground water elevation is close to the surface, extra site grading precautions may be required to maintain the protective function of the over burden.
(i) Utilities: The placement of electric, telephone, or other utility lines and equipment, such as water or sewer shall be underground and so located as to provide no adverse impact on the ground water levels, and to be coordinated with other utilities. The proposed method of sanitary sewage disposal and solid waste disposal from all buildings shall be indicated precisely on the plans.
(j) Advertising: All signs and outdoor advertising features shall be reviewed as an integral element in the design and planning of all development on the site. At a minimum, all signs and advertising devices shall be in conformance with Section 34. Signs.
(k) Landscaping Within the Setbacks: Site plan applicants are required to landscape the setbacks as part of the site plan approval process. Site plan applicants are expected to maintain the landscaping approved for the site and replace any landscaping that has not fully established itself within two (2) growing seasons, after which all failed landscaping shall be replaced . Front yard setback landscaping shall consist of street trees and low-level plantings.
In accordance with Section 35.7, walls or hedges with in any required front yard area or within twenty feet (20’) of the street, whichever is less, shall not exceed six feet (6’) in height and fences shall not exceed thirty inches (30”) in height except that the special permit granting authority may grant a Special Permit for higher fences where such will not endanger health or safety, or unreasonably impair vision or circulation of air. Landscaping within twenty (20’) feet of a driveway shall consist solely of low-level plantings such that vehicular and pedestrian sight lines are not restricted.
(l) Circulation: With respect to vehicular and pedestrian circulation, including entrances, ramps, walkways, drives and parking, special attention shall be given to location and number of access points to the public streets (especially in relation to existing traffic controls), width of interior drives, and access points, general interior circulation, separation of pedestrian and vehicular traffic, access to community facilities and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the use and enjoyment of proposed buildings and structures and the neighboring properties. Insofar as practicable, parking should be located on the side or the rear of buildings.
(m) To minimize turning movements onto adjacent public ways, developers are encouraged to provide internal circulation systems (service roads) that connect to adjacent development (parking area to parking area). Site plans that propose service roads and /or connection of parking areas shall show on the plan how the connection of parking areas will be achieved.
(n) All parking and loading areas shall be striped and marked on the ground as a condition of site plan approval. All off-street parking and loading spaces shall be provided with safe and convenient access and shall not located within a public right-of-way or within required setbacks. Access locations shall be designed to encourage unimpeded traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. Parking and loading shall be in conformance with Section 33. Parking and Loading Requirements.
(o) Curbing: Concrete curbs and gutters shall be installed around the perimeter of all driveways and parking areas. Granite curbs shall be installed in front of sidewalks abutting buildings.
(p) Shared Parking: The Planning Board may allow a reduction of the required number of spaces by up to twenty-five percent (25%) if it can be demonstrated that two (2) or more uses within a single development can share parking areas due to different hours of normal activity. When two (2) or more adjacent property owners agree in writing to share parking, the required number of parking spaces may be reduced by as much as twenty-five percent (25%) for each business.
(q) Parking Area Landscaping: Site plans involving more than nineteen (19) parking spaces shall provide interior landscaping covering not less than five percent (5%) of the total area of the parking lot. In total, there shall be provided one (1) shade tree placed within the parking lot for every five (5) spaces and complemented by shrubs and other planting material. Such trees shall be at least two (2 ½) inches in trunk diameter at the time of planting, and shall be located in planting beds at least six feet (6’) in width or diameter. Snow removal activities should be considered when planning for parking area landscaping.
In case it can be shown to the Planning board that the planting of trees is impractical, the Planning Board may authorize plantings and shrubbery instead of trees.
(r) Interior Walkways and Pedestrian Paths: Site plans involving more than thirty (30) parking spaces shall provide walkways and pedestrian paths that safely connect the parking areas to the principal uses they will serve. Such walkways shall be constructed with brick, decorative pavers, or other materials, and may be bordered with fencing or shrubbery to clearly separate pedestrians from automobile traffic. Facilities and access routes for deliveries, service and maintenance shall be separated, where practical, from public access routes and parking areas. Car stops shall be provided to prevent parked cars form damaging trees, shrubs and curbing, and shall not disrupt pedestrian walkways.
(s) Stormwater Management (Grading and Drainage): All site plan applicants must submit drainage calculations to show compliance with all applicable federal, state and local regulations and guidelines, including but not limited to the Massachusetts Department of Environmental Protection (DEP) Stormwater Management Handbook, as it may be ameneded.
(t) Outdoor Lighting: All exterior lights shall be designed and installed in such a manner as to prevent objectionable light at (and glare across) the property lines. Externally lit signs, display, building and aesthetic lighting must be lit from the top and shine downward. Each outdoor luminaire shall be a full cutoff luminaire, and the use of decorative luminaires with full cutoff optics is desired. A full cutoff luminaire is an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture is projected below the horizontal plane. Developments shall eliminate glare onto adjacent properties through the use of lighting shields, earthen berms, or retention of existing natural
vegetation. All outdoor lighting fixtures, including display lighting, shall be turned off within one hour after close-of –business, unless needed for safety or security, in which case the lighting shall be reduced to the minimum level necessary.
(u) Other Site Features: Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be designed with such setbacks, screen plantings, or other screening methods to prevent their being a hazard or being incongruous with the existing or contemplated environment and the surrounding properties. With respect to personal safety, all open and enclosed spaces shall be designed to facilitate building evacuation and to maximize accessibility by fire, police and other emergency personnel and equipment. (Bylaws of 5-2-2006, Article Art. 40; 5-2-2006 A.T.M)
12.46 Specific Findings Required: Prior to granting approval or disapproval, the Planning Board shall make written findings with supporting documentation as specified below:
(a) Approval: The Planning Board may approve an application based on its review of the projected development impacts and the proposed methods of mitigating such impacts, if said board finds that the proposed development is in conformance with this by-law. Such findings shall pertain to the entire proposed development including any site plan or design modifications imposed by the Planning Board as a condition of its approval, and any off-site improvements proposed by the applicant or required by the Planning Board as a condition of its approval.
Disapproval: The Planning Board must disapprove an application if it is unable to make the written findings required for approval. Not withstanding the above, the Planning Board may approve an application if the adverse impacts of the proposed development area are not significantly greater than the impacts of uses which are or can be made of the site under existing laws and regulations without a requirement of site plan review.
(By-Laws of 5-7-9l, Art. 30)
12.47 Conditions, Limitations and Safeguards: In granting approval of an application, the Planning Board may impose conditions, limitations and safeguards which shall be in writing and shall be a part of such approval. Such conditions may include among other matters and subjects:
(a) Controls on the location and type of access to the site.
(b) Controls on the number of vehicles that arrive or depart during the morning and/or evening peak hours (including controls on the maximum number of vehicles which may use the off-street parking areas during said periods).
(c) Requirements for off-site improvements to improve the capacity and safety or roads, intersections, pedestrian ways, water, sewer, drainage and other public facilities which are likely to be affected by the proposed development.
(d) Requirements of donation and/or dedication of land for right-of-way to provide for future roadway and/or intersection widening or improvements.
(e) Requirements for securing the performance of all proposed work, including proposed of-site improvements by either or both of the following methods:
(l) A performance bond, a deposit of money, negotiable securities, or bank passbook in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements required as conditions of approval;
(2) A covenant running with the land, executed and duly recorded by the owner of record, whereby the required improvements shall be completed before the property may be conveyed by other than a mortgage deed.
(f) Conditions to minimize off-street impacts on traffic and environmental quality during construction.
(g) In granting site plan approval, the Planning Board may require reduction in scale of the proposed project including reductions in height or floor area or lot coverage. The Planning Board may require a construction schedule.
(By-Laws of 5-7-9l, Art. 30)
12.48 Administration:
(a) The Planning Board shall establish and may periodically amend the scope and format of the reports required relating to the administration of this section.
(b) The Planning Board shall establish and may periodically amend a schedule of fees for all applications under this section. No application shall be considered complete unless accompanied by the required fees.
(c) The Planning Board shall be responsible for deciding the meaning intent of nay provision of this section which may be unclear or in dispute.
(d) All expenses for advertising, engineering, legal review, professional planning review, construction inspection, recording and filing of plans and documents and all other expenses in connection with or for site plan review shall be borne by the applicant.
(By-laws of 5-7-9l, Art. 30)
12:49 Enforcement of an Approved Site Plan
(a) It shall be the duty of the Building Inspector to enforce the conditions of the site plan approval. However, the Planning Board may require, as a condition of approval, that its consulting engineer oversee construction of certain aspects of a development to ensure compliance with the approved site plan and decision.
(b) The Planning Board may suspend site plan approval when work is not performed as required by the approved site plan.
(c) “As Built” plans, certified by a registered professional engineer and noting any change from the approved plan, shall be filed with the Building Inspector and the Planning Board before a Certificate of Completion shall be issued.
(d) The Building Inspector shall issue a Certificate of Completion when all construction has been performed and all other requirements have been met in compliance with the approved site plan. A copy of the Certificate of Completion will be filed with the Planning Board.
(e) No Certificate of Use and Occupancy shall be issued for any structure or use subject to site plan review unless a Certificate of Completion has been issued.
The Building Inspector may issue a Temporary Certificate of Use and Occupancy, under extenuating circumstances, for a period of six (6) months if the required construction has been substantially completed and the permitted uses of the development can be carried on in a safe and convenient manner.
(f) The appeal of any decision of the Planning Board hereunder shall be made in accordance with the provisions of Mass. Gen. L. Chapter 40A, Section 17 except when a disapproval by the Planning Board is based upon non- compliance with the Millbury Zoning Bylaws, in which case an appeal can be taken to the Board of Appeals.
(g) In the case where there is a suspension of site plan approval by the Planning Board and a cease and desist order issued by the Building Inspector, work must cease immediately until the building Inspector issues a new start work order.
(Article 41; 5-2-2006 A.T.M.)
12.5 Penalties. Criminal Disposition. Whoever violates any provision of the Millbury zoning by-laws may be penalized by indictment or complaint brought to the superior court, housing court, or placeCityWorcester district court. A penalty of three hundred dollars ($300.00) shall be imposed for each violation. Each day on which a violation exits shall be deemed to be a separate offense.
12.51 Penalties – Noncriminal Disposition. In addition to the procedures described above, the provisions of the by-law may be enforced by the building inspector or his designated agent by way of the non-criminal disposition procedure provided in Massachusetts General Laws, Chapter 40, Section 2lD. Each day on which a violation exists constitutes a separate offense. The penalty for each offense shall be fifty dollars ($50.00).
(By-laws of 5-7-9l, Art. 3l)
Section 13. Board of Appeals.
13.1 Establishment. The board of appeals shall consist of five (5) members and two (2) associate members, who shall be appointed by the selectmen and shall act in all matters under this by-law in the manner prescribed by Chapters 40A, 40B and 4l of the General Laws.
(By-Laws of 4-l-78, Art. 40)
13.2 Powers. The board of appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B and 4l of the General Laws and by this by-law. The board's powers are as follows:
13.21 Special permits. To hear and decide applications for special permits upon which the board is empowered to act under this by-law, in accordance with section l4.
(By-Laws of 4-l-78, Art. I)
13.22 Variances. To hear and decide appeals or petitions for variances from the terms of this by-law, including variances for use, with respect to particular land or structures. Such variance shall be granted only in cases where the board of appeals finds all of the following:
(a) A literal enforcement of the provisions of this by-law would involve a substantial hardship, financial or otherwise, to the petitioner or appellant.
(b) The hardship is 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.
(c) Desirable relief may be granted:
(l) Without substantial detriment to the public good; and
(2) Without nullifying or substantially derogating from the intent or purpose of this by-law.
(By-Laws of 4-l-78, Art. 40)
13.23 Appeals. Other appeals will also be heard and decided by the board of appeals when taken by:
(a) Any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of placecountry-regionCh. 40A, General Laws; or by
The placeCentral Massachusetts Regional Planning Commission; or by
Any person including any officer or board of the Town of Millbury or of any abutting town, if aggrieved by any order or decision of the inspector of buildings or other administrative official, in violation of any provision of Chapter 40A, General Laws, or this by-law.
(By-Laws of 4-l-78, Art. 40)
13.24 Comprehensive permits. Comprehensive permits for construction may be issued by the board of appeals for construction of low or moderate income housing by a public agency or limited dividend or non profit corporation, upon which the board's determination that such construction would be consistent with local needs, whether or not consistent with local zoning, building, health, or subdivision requirements, as authorized by Section 20-23, Chapter 40B, General Laws. (By-Laws of 4-l-78, Art. 40)
13.25 Withheld building permits. Building permits withheld by the inspector of buildings acting under Section 8l-Y, Chapter 4l, General Laws, as a means of enforcing the subdivision control law may be issued by the board of appeals where the board finds practical difficulty or unnecessary hardship, and if the circumstances of the case do not require that the building be related to a way shown on the subdivision plan in question.
(By-Laws of 4-l-78, Art. 40)
13.3 Public Hearing. The board of appeals shall hold public hearings in accordance with the provisions of chapters 40A, 40B and 4l of the General Laws on all appeals and petitions brought before it.
13.4 Repetitive Petitions. Repetitive petitions for special permits, appeals and petitions for variances and applications to the board of appeals shall be limited as provided in Section l6, Chapter 40A, General Laws. (By-Laws of 4-l-78, Art. 40)
Section l4. Special Permits.
l4.l Authority.
14.11 Planning Board authority. The Planning Board shall act as the special permit granting authority for the following special permits:
(a) Multifamily use in Residential, Residential (Office), Suburban and Business I Districts (By-Laws of 4-5-86, Art. 5l, Section 2)
(b) Temporary structures in all districts.
(c) Special density provisions under section 32.8.
(d) Reduced parking requirements under section 33.l
(e) Accessory dwelling in Residential and Suburban Districts under Section 46.2. (Bylaws of 5-2-2006, Article 42)
(g) Assisted Living Facility under section 42. (Bylaws of 5-1-07, Art.49)
(h) Airfield or heliport in suburban districts.
(i) Environmental analysis procedures under section l5.
(j) Water body protection under section 35.2.
(k) Vegetation removal under section 35.6.
(l) Site plan review under section l2.4.
(m) Signs under section 34.23.
(n) Highway Corridor Overlay District (HCOD) under section 48.
(o) Wireless communications Facilities under Section 26.
(p) Adaptive Reuse Overlay Master Plan under Section 27 (Bylaws 6-8-2004 A.T.M. Art. 42) (By-Laws of 4-l-78, Art. 40; By-Laws of 4-5-80, Art. 75; By-Laws of 4-5-86, Art. 5l, Section 3; By-Laws of 6-6-89, Art. 77, Section 8, By-laws of 10-28-97, Art. 1)
14.12 Board of appeals authority. Except as specifically designated in section l4.ll, the board of appeals shall act as the special permit granting authority.
(By-Laws of 4-l-78, Art. 40)
14.2 Public Hearing. Special permits shall only be issued following public hearings held within sixty-five (65) days after filing with the special permit granting authority an application, a copy of which shall forthwith be given to the town clerk by the applicant.
(By-Laws of 4-l-78, Art. 40)
14.3 Criteria. Special permits shall normally be granted by the Board of appeals if a condition exists peculiar to the particular case but not generally true for similar permitted uses on other sites in the same district, and it appears that nuisance, hazard or congestion will not be created, and there will not be substantial harm to the neighborhood or derogation from the intent of the by-law, and the stated district intent will be satisfied. In accordance with Section 14.11, the Planning Board shall grant special permits if the use is in harmony with the general purpose of the applicable bylaw, and the application complies with the general and specific provisions enumerated in the applicable bylaw. (By-Laws of 4-l-78, Art. 40, 5-2-2006, Art. 43)
14.4 Conditions. Special permits may be granted with such reasonable conditions, safeguards or limitations on time or use as the special permit granting authority may deem necessary to serve the purpose of this by-law. (By-Laws of 4-l-78, Art. 40)
14.5 Expiration. Special permits shall lapse if a substantial use thereof or construction has not begun, except for good cause, within eighteen (l8) months of special permit approval (excluding such time required to pursue or await the determination of an appeal referred to in Section l7, Chapter 40A, General Laws, from the grant thereof. (By-Laws of 4-l-78, Art. 40)
14.6 Submittal Fee. A submittal fee is determined by the Planning Board and board of appeals on an annual basis. This money is used to set up funds available for fulfilling provisions of the Open meeting law, administrative review and clerical support. In the event that these monies are insufficient for said provisions; the applicant shall bear such additional expenses.
(By-Laws of 6-6-89, Art. 83)
14.7 Expenses for Special Permit. All expenses for advertising, engineering review, legal review, professional planning review, construction inspection, recording and filing
of plans and documents and all other expenses in connection with or for a special permit shall be borne by the applicant. (By-Laws of 6-6-89, Art. 84)
14.8 Payment. Payment of any monies due to the Town of placeCityMillbury under the provisions of Article l, Section lA, Special Permits must be made prior to decision by the appropriate board. Failure to make payment is then determined as an incomplete application and must be denied.
(By-Laws of 6-6-89, Art. 85)
14.9 Associate Member. The Planning Board and the board of selectmen shall jointly appoint an associate member of the Planning Board. The term for the associate member shall be two (2) years. The associate member shall act only in those cases as specified in Massachusetts General Laws, Chapter 40A, Section 9. (By-Laws of 5-7-9l, Art. 87)
Editor's note - By-Laws of May 7, l99l, Art. 87, amended the Code by adding a new section l4.6. In order to avoid duplication of section numbers, the editor has redesignated this new section as section l4.9.
Section l5. Environmental Analysis Procedures.
In certain cases as designated in Art II, special permits shall be subject to the following, as well as to section l4: (By-Laws of 4-l-78, Art. 40)
15.1 Requirements. Where environmental analysis procedures are required, no building or structure shall be erected or externally enlarged, and no area for parking, loading or vehicular service (including driveways giving access thereto) shall be established or changed, except in conformity with a site plan bearing the endorsement of approval of the Planning Board. Said site plan shall show among other things, all existing and proposed buildings, structures, parking areas, loading areas, driveway openings, driveways, service areas, and other open uses, all facilities for sewage, refuse and other waste disposal an for surface water drainage, and all landscape features (such as walks, planting areas, trees, fences, and signs on lot). Said plan shall be subject to such rules relating to scale,
dimensions, legend, form and preparation as may, from time to time, be promulgated by the Planning Board. (By-Laws of 4-l-78, Art. 40; By-Laws of 4-5-80, Art. 75)
15.2 Procedure. Each application form, when submitted for a special permit hereunder, shall be accompanied by eight (8) copies of the proposed site plan. The Planning Board shall, within five (5) days of receipt of any site plan, transmit one copy to the conservation commission, one copy to the board of health, one copy to the sewer commission, one copy to the town clerk, one copy to the industrial development commission, one copy to the highway surveyor, and one copy to the inspector of buildings.
Any of the above boards or officials to which petitions are referred for review shall make such recommendations as they deem appropriate and shall forward such recommendations to the Planning Board and to the applicant. Failure of any of the above boards or officials to make recommendations within thirty-five (35) days of receipt of the
petition shall be deemed to be lack of opposition thereto. (By-Laws of 4-l-78, Art. 40; By-Laws of 4-5-80, Art. 75)
15.3 Considerations. In considering a site plan under this section, the Planning Board shall assure, to a degree consistent with a reasonable use of the site or the purpose permitted or permissible by the regulation of the district in which located:
(By-Laws of 4-l-78, Art. 40; By-Laws of 4-5-80, Art. 75)
15.31 Protection of adjoining premises against any possible detrimental or offensive uses on the site, including unsightly or obnoxious appearance. (By-Laws of 4-l-78, Art. 40)
15.32 Convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent streets and property. (By-Laws of 4-l-78, Art. 40)
15.33 Adequacy of the methods of disposal for sewage, refuse and other wastes resulting from the uses permitted or permissible on the site, and the methods of drainage for surface water. (By-Laws of 4-l-78, Art. 40)
15.34 Adequacy of space for the off-street loading and unloading of vehicles, goods, products, materials, and equipment incidental to the normal operation of the establishment or use. (By-Laws of 4-l-78, Art. 40)
Section 16. Applicability.
16.1 Other Laws. Where the application of this by-law imposes greater restrictions than those imposed by any other regulations, permits, easements, covenants or agreements, the provisions of this by-law shall control. (By-Laws of 4-l-78, Art. 40)
16.2 Conformance. Construction or operation under a building or special permit shall conform to any subsequent amendment of this by-law unless the use or construction is commenced within a period of six (6) months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. (By-Laws of 4-l-78, Art. 40)
16.3 Nonconformancy. The lawful use of any structure or land existing at the time of enactment or subsequent amendment of this by-law may be continued although such structure or use does not conform with provisions of the by-law, subject to the following conditions and exception: (By-Laws of 4-l-78, Art. 40)
16.31 Abandonment. A nonconforming use which has been abandoned or discontinued for a period of two (2) years or more shall not be re-established and any future use shall conform with the by-law. (By-Laws of 4-l-78, Art. 40)
16.32 Change, extension or alteration. As provided in Section 6, Chapter 40A, General Laws, a nonconforming single or two family dwelling may be altered or extended, provided that the inspector of buildings determines that doing so does not increase the nonconforming nature of said structure. Other pre-existing nonconforming structures or uses may be extended, altered or changed in use on special permit from the board of appeals if the board of appeals finds that such extension, alteration or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. (By-Laws of 4-l-78, Art. 40)
16.33 Restoration. Necessary repairs and rebuilding of nonconforming structure after damage by fire, storm or similar disaster, or condemnation are permitted provided that they are started within twelve (12) months and completed within twenty-four (24) months of the catastrophe, do not substantially change the character or size of the building or the use to which they were put prior to such damage, and do not increase the gross floor area previously existing. (By-Laws of 4-l-78, Art. 40; By-Laws of 5-7-9l, Art. 5l)
16.34 Isolated lots and subdivisions. Under Section 6 of Chapter 40A, General Laws, lots not held in common ownership with any adjoining land are generally not subject to subsequent amendments in dimensional requirements, and land shown on subdivisions or other plans endorsed by the Planning Board are exempted from subsequent zoning amendments in certain respects for five (5) years. In addition, lots in nonresidential districts and/or to be built upon for nonresidential use shall enjoy the same exemption as if being built upon for residential use in a residential district.
Any increase in lot area, frontage, yard or coverage requirements of this by-law shall not apply to erection, extension, alteration or moving of a structure on a legally created lot not meeting current requirements provided that the applicant documents that:
(a) At the time such increase requirement became applicable to it, the lot:
(l) Had at least five thousand (5,000) square feet of lot area and fifty (50) feet of frontage on a street; and
(2) Was held in ownership separate from all other lots having frontage within one thousand (l,000) feet on that same street; and
(3) Conformed to then existing dimensional requirements; and
(b) The lot is to be used for single-family or nonresidential use. Such conforming lots may be changed in size or shape or their land area combined without losing this exemption, so long as the change does not increase the actual or potential number of buildable lots.
(By-Laws of 4-l-78, Art. 40)
Section 17. Amendments.
This by-law may from time to time be changed by amendment, addition or repeal by the town meeting in the manner provided in Section l5, Chapter 40A, General Laws, and any amendments therein. (By-Laws of 4-l-78, Art. 40)
Section l8. Court Appeals.
Any person aggrieved by a decision of the board of appeals or of any special permit granting authority, whether or not previously a party to the proceeding, or any municipal officer or board may as provided in section l7, Chapter 40A, General Laws, appeal to the superior court by bringing an action within twenty (20) days after the decision has been filed in the office of the town clerk. (By-Laws of 4-l-78, Art. 40)
Section 19. Separability.
The invalidity of any section or provisions of this by-law shall not invalidate any other section or provisions of this by-law. (By-Laws of 4-l-78, Art. 40)
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