ARTICLE I
Administration and Procedure
1100. Purpose and Authority (Revised ATM 5/10/2004, Article 23)
These regulations are enacted to promote the general welfare of the Town of Norwell, to protect the health and safety of its inhabitants, to encourage the most appropriate use of land throughout the Town, and to increase the amenities of the Town, all, as authorized by, but not limited to, the provisions of the Zoning Act, G.L. c 40A, as amended, and Section 2A of 1975 Mass. Acts 808. This Zoning Bylaw is enacted in accordance with the provisions of the General Laws, Chapter 40A, any and all amendments thereto, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
1200. Administration (Revised ATM 5/10/2004, Article 24)
1210. Responsibility. This Bylaw shall be enforced by the Inspector of Buildings/Zoning Officer, as Agent for the Board of Selectmen, who shall take such action as may be necessary to enforce full compliance with the provisions of this Bylaw and of permits and variances issued hereunder, including notification of non-compliance and initiation of legal action through the Town Counsel.
1220. 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 Certification of Use and Occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification.
1221. Prior to the issuance of Certificate of Use and Occupancy, the designated street number will be affixed to the building or to a sign post, either of which is clearly visible from the public way or way from which the lot gets its frontage.
1230. Complaints and Fines (Revised May 3, 1994 Annual Town Meeting)and 5/10/2004 ATM, Article 24)
Whoever violates any provision of this Bylaw shall be subject to the following procedure, which will govern the enforcement of this Bylaw:
1. A complaint form, available at the office of the
Building Inspector for the Town of Norwell shall
be completed, signed and provided to the Zoning
Officer for the Town.
2. Within fourteen (14) days of the receipt of said
complaint by the Building Inspector's office, the
Inspector of Buildings/Zoning Officer will investi-
gate said complaint and respond to the complainant.
3. If the Inspector of Buildings/Zoning Officer
determines that a violation of this Bylaw exists,
a cease and desist order shall be issued to the
party found in violation within fourteen (14)
days of receipt of the complaint.
4. The cease and desist order shall name the party
alleged to be in violation, shall describe the
nature of the violation and shall reference the
provision(s) of the Bylaw found to be in viola-
tion.
5. The cease and desist order shall be served upon
the party found to be in violation by delivery
in-hand to said party and/or by posting in conspic-
uous places upon the property where the violation
is found to exist.
6. The party named in said order shall correct the
violation described in said order within seven
(7) days, said seven (7) days to be extended by
the Inspector of Buildings/Zoning Officer if the
violation cannot be corrected within that time.
7. Failure of the party named in the complaint to eliminate
the violation within the time defined in paragraph six
shall result in the imposition of fines running from $50.00
to $300.00 per day for each such day or portion thereof
which the violation continues to exist as defined in
paragraph six, in accordance with the following schedule:
Day No. 1: $50.00; Day No. 2: $100.00; Day No 3: $200.00;
Day No. 4 and each day thereafter: $300.00. (Revised ATM
5/10/04, Article No. 24)
8. If the party named in the complaint objects to the
issuance of a cease and desist order or requires
additional time to eliminate the violation beyond
that granted by the Inspector of Buildings/Zoning
Officer under Paragraph six that party may appeal
to the Zoning Board of Appeals for the Town of
Norwell within seven (7) days which shall consider
said appeal and issue an order relative to the
same.
9. No fine will accrue during the pendency of any
appeal to the Zoning Board regardless of the Board's
ultimate disposition of said appeal.
10. Non-Criminal Disposition of Violations of Zoning Bylaws.
The Inspector of Buildings/Zoning Officer shall have the
duty to enforce the Town’s Zoning Bylaw and may institute
appropriate civil or criminal proceedings, or both, in the fulfillment of such duty. In addition, and as an alternative
to such methods of enforcement, the Inspector of Buildings/
Zoning Officer may, at his discretion, enforce the provisions
of this bylaw in the manner provided in Mass. General Laws,
Chapter 40, section 21D. (ATM 5/10/04, Article 25)
1300. Board of Appeals
1310. Establishment. The Board of Appeals shall consist of three members and not more than five associate members, (ART. 46, ATM 5/6/1989) who shall be appointed by the Selectmen and shall act in all matters under this Bylaw in the manner prescribed by G.L. c. 40A and c. 41.
1320. Powers. The Board of Appeals shall have and exercise all the powers granted to it by G.L. c. 40A and c. 41 and by this Bylaw. The Board's powers are as follows:
1321. To hear and decide applications for Special Permits upon which the Board is empowered to act under this Bylaw, in accordance with Section 1400.
1322. To hear and decide appeals or petitions for variances from the terms of this Bylaw with respect to particular land or structures but not uses.(ATM 5/10/04, Article 26) 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 Bylaw 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 without either: (1) substantial detriment to the public good; or (2) nullifying or substantially derogating from the intent or purpose of this Bylaw.
1323. To hear and decide other 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 G.L. c. 40A; or by
b) The Metropolitan Area Planning Council; or by
c) Any person including any officer or Board of the Town of Norwell or of any abutting town , if aggrieved by any order of decision of the Inspector of Buildings, in violation of any provision of G.L. c. 40A; or this Bylaw.
1324. To Issue Withheld Building Permits. Building Permits withheld by the Inspector of Buildings acting under G.L. c. 41, s. 81Y, 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.
1330. Public Hearings. The Board of Appeals shall hold public hearings in accordance with the provisions of G.L. c. 40A, c. 40B, and c. 41 on all appeals and petitions brought before it.
1340. 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 G.L. c. 40A, s. 16.
1400. Special Permits
1410. Special Permit Granting Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority.
1420. Criteria for Approval. In considering whether or not to grant a Special Permit under this Section of the Zoning Bylaws, the Board of Appeals shall not grant a Special Permit unless all of the following conditions are satisfied.
a) the conduct of the proposed use will not be detrimental to the neighborhood and zoning district
b) the conduct of the proposed use will not significantly alter the character of the zoning district, and
c) the conduct of the proposed use will not be injurious, noxious, or offensive to the neighborhood by reason of the emission of odors, fumes, dust, smoke, noise or other cause, nor hazardous to the community on account of fire, explosion or other cause.
d) If the proposed use will be located within the Aquifer Protection District, the conduct of such use will not cause any significant degradation of the quantity or quality of ground water supplies
and further that ground water quality resulting from on-site waste disposal and other on-site operations will not fall below federal or state standards for drinking water at the downgradient property boundary. In making such determination the Board of Appeals may utilize the Information/Standards enumerated in paragraph (d) of Section 4352 of this Bylaw.
1430. Public Hearing. Special Permits shall only be issued following public hearings held within sixty-five days after filing with the Special Permit Granting Authority an application, a copy of which shall forthwith be given to the Town Clerk by Applicant.
1440. Conditions. Special Permits may be granted with such reasonable conditions, regulations, or limitations as the Special Permit Granting Authority may deem necessary to serve the purposes of the Bylaw.
1450. Expiration. Special Permits shall lapse at the expiration of two years from the date of approval (exclusive of time required to pursue or await the determination of an appeal referred to in General Laws, Chapter 40A, Section 17, from the grant thereof) if a substantial use thereof or construction has not begun, except for good cause.
1500. Site Plan Review. (Revised ATM 5/10/04, Article 28)
1510. When Required. No structure shall hereafter be erected or externally enlarged by more than 200 square feet on any lot in any non-residential district (meaning thereby all districts under the Zoning Bylaws except Residential Districts A and B) and no use hereafter be established or expanded in ground area on any lot in any such district except in conformity with a site plan of such lot and structures proposed to be constructed on such lot bearing endorsement of approval by the Board of Appeals.
1520. Contents of Site Plan. Said site plan shall show among other things:
a) All existing and proposed buildings and structures (showing front, side and rear elevation and layouts)
b) Signs
c) Parking spaces
d) Driveway openings
e) Service areas
f) Open uses
g) All facilities for sewage, refuse and other waste disposal and for surface water drainage
h) All landscape and screening features (such as fences, walls, planting areas and walks) on the lot
i) Proposed site lighting
j) Existing and proposed easements and/or rights of ways
k) Existing conditions of the surrounding area to sufficiently determine the impact of the proposed project to the surrounding area; including, but not limited to, curb cuts, driveway openings, existing buildings, surrounding topography
l) Drainage calculations stamped by a Registered Professional Engineer licensed by the Commonwealth of Massachusetts
m) Parking and density calculations
n) Documentation of curb cut approval by the Massachusetts Department of Public Works on State highways
o) Statement and certification on the plan by the Engineers certifying the Site Plan submitted complies to the Zoning Bylaws
Failure to comply at the time of submission with the above requirements is grounds for denial of Site Plan Approval for lack of sufficient information.
1530. Procedure. (Revised ATM 5/10/04, Article 28)
Any person desiring approval of a site plan under this paragraph shall submit said site plan to the Board of Appeals for action and, either simultaneously or forthwith thereafter, shall submit said plan, (together with seven (7) copies) to the Planning Board. The Planning Board shall review the plan and, as appropriate, obtain technical review of the plan at the applicant’s sole cost. The Planning Board shall prepare its report and recommendations regarding said plan and submit same to the Board of Appeals. The Board of Appeals shall not approve said plan unless and until it either has reviewed the Planning Board’s report and recommendations or the applicant has provided evidence that forty-five (45) days have elapsed from the date that the plan first was submitted to the Planning Board without issuance of a
report and recommendations. No building permit shall issue until the Board of Appeals has approved the plan. Furthermore, no building permit shall issue if the Planning Board has not provided the Board of Appeals with the Planning Board’s report and recommendations and fewer than forty-five (45) days have elapsed after the plan was first submitted to the Planning Board.
The Board of Appeals shall have the power to modify or amend its approval of a site plan on application of the person owning or leasing the premises shown on such site plan in the event of changes in the physical condition of the site sufficient to justify such action within the intent of this section.
After receiving the report and recommendations of the Planning Board. The Board of Appeals shall have the power to modify or amend its approval of a site plan on application of the person owning or leasing the premises shown on such site plan in the event of changes in the physical condition of the site sufficient to justify such action within the intent of this section.
1540. Criteria for Approval. In considering a site plan under this section, the Board of Appeals shall assure, to a degree consistent with a reasonable use of the site for the purposes permitted by the regulations for the district in which it is located, such factors as the following:
1541. The protection of the district in which the site is located and adjoining district against detrimental, offensive, or incompatible uses or structures on the site;
1542. The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent streets and land; and
1543. The adequacy of the methods of disposal for sewage, refuse, and other wastes resulting from the uses permitted on the site, and the methods of drainage for surface water from its parking spaces and driveways.
1550. Implementation and Expiration. (Revised ATM 5/10/04, Article 29) Within fifteen (15) days after approval of any site plan, the Board of Appeals shall file an endorsed copy of said plan in the office of the Town Clerk. Within one (1)year of the date of site plan approval, the applicant shall have completed the work described on the plans as approved and substantial use thereof shall have commenced unless the Board of Appeals grants an extension of the time as it shall deem necessary to carry the site plan into effect. In each such instance where an extension is granted, the Board of Appeals shall certify to the Town Clerk that it has granted an extension of time and the date on which the extension is to lapse.
1560. As-Built Plans. Prior to the issuance of a Certificate of Occupancy, the Owner shall provide As-built plans to the Town. The plan shall be prepared and stamped by a Registered Land Surveyor or a Professional Engineer of the Commonwealth of Massachusetts certifying that the site plan has been built according to the approved plan and submitted to the Building Inspector. Such certification shall also include that the surface and subsurface drainage discharge has been installed according to the approved site plan. Field reports by the design engineer may be requested by the Building Inspector during construction for prior approval of changes from the approved site plan.
1570. Regulations; Fees. (Added ATM 5/10/2004)
The Zoning Board may adopt and from time to time amend reasonable regulations, including reasonable administrative fees and technical review fees, for the administration of site plan review.
l600. Applicability.
l6l0. Municipal Uses. None of the requirements of this Zoning Bylaw shall apply to any municipal purpose or use authorized by vote of the Town, unless otherwise specified (e.g. Section 23l0.)
l620. Other Laws. Where the application of this Bylaw imposes greater restrictions than those imposed by any other regulations, permits, easements, covenants or agreements, the provisions of this Bylaw shall control.
1630. Conformance. Construction or use under a Building Permit or Special Permit shall conform to any subsequent amendment of this By-Law unless the use or construction is commenced within not more than six 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.
1640. Nonconformancy. The lawful use of any structure or land existing at the time of enactment or subsequent amendment of this Bylaw may be continued although such structure or use does not conform with provisions of the Bylaw, subject to the following conditions and exceptions.
1641. Abandonment. A nonconforming use which has been abandoned or discontinued for a period of two years or more shall not be re-established and any future use shall conform with the Bylaw.
1642. Alterations, Reconstruction, Extension or Structural Changes to Lawfully Pre-Existing Non-Confirming Structures and Uses. (ATM 5/10/04, Article 30)
A. Change, Extension, or Alteration. As provided in G.L. c.40A, s.6, a nonconforming single- or two-family dwelling may be altered or extended provided 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. (Existing; ATM 5/10/04 “A” not approved by A/G.)
B. Other Structures and Uses. (ATM 5/10/04, Article 30)
Lawfully pre-existing, nonconforming structures and uses (other than single- or two-family residential structures) may be extended, altered or changed, but only upon issuance of a special permit determination by the Board of Appeals that the structure or use at issue has been proven to the Board’s satisfaction to be lawfully pre-existing nonconforming and that the proposed extension, alteration, or change shall not be substantially more detrimental than the existing nonconformity.
C. Cessation of Nonconformity. (ATM 5/10/04, Article 30)
Once a nonconforming structure or use is changed so as to become conforming, it shall not be permitted to revert so as to become nonconforming again.
1643. Restoration. Necessary repairs and rebuilding after damage by fire, storm or similar disaster are hereby permitted provided they are accomplished without undue delay and do not substantially change the character or size of the buildings nor the use to which they were put prior to such damage.
1650. Isolated Lots. Any increase in lot area, frontage, or yard requirements of this Bylaw 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 increased requirement became applicable to it, the lot
(1) had at least 5,000 square feet of lot area and 50 feet of frontage on a street; and
(2) was held in ownership separate from all other lots having frontage within 1,000 feet on that same street; and
(3) conformed to then-existing dimensional requirements; and
b) the lot is not to be used for hotel, motel, or nursing home use. Such nonconforming lots may be changed in size or shape or their land area recombined without losing this exemption, so long as the change does not increase the actual or potential number of buildable lots.
1700. General
1710. Court Appeal. Any person aggrieved by a decision of the Board of Appeals or any Special Permit Granting Authority, whether or not previously a party to the proceeding, or any municipal officer or board may, as provided in G.L. c. 40A, s. 17, appeal to the Superior Court or to the Land Court by bringing an action within 20 days after the decision has been filed in the office of the Town Clerk.
1720. Amendment. This Bylaw may be amended in accordance with the procedure described in G.L. c. 40A, s.5.
1730. Severability. (ATM 5/10/04, Article 31) In the event that any section of this Bylaw or part thereof shall for any reason be held or declared to be illegal or otherwise unenforceable, such holding or declaration shall not affect the legality or enforceability, of any other Section or part thereof.
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