Building Department

§ 174-24. Enforcement and penalties.

This chapter shall be enforced by the Building Inspector, as provided for in M.G.L.A. C. 40A, § 7. No structure shall be erected, altered, demolished or moved and no land or structure shall be changed in use until and unless a permit has been issued therefor, certifying that the plans and the proposed use of land conform to this chapter. Whoever violates any provision of this chapter shall be punished by a fine not exceeding fifty dollars ($50.) for each offense. Every day that a violation continues after its abatement has been ordered by the town and sufficient time has elapsed to permit abatement shall constitute a new offense.

§ 174-25. Board of Appeals.

A. The Board of Selectmen shall appoint a Board of Appeals of five (5) members, who shall serve five-year terms, such that the term of one (1) member shall end each year. The Board of Selectmen shall also appoint two (2) associate members of the Board of Appeals, who shall be designated by the Chairman of the Board of Appeals to act when a member is absent or unable to participate for any reason. The Board of Appeals shall adopt and file with the Town Clerk rules consistent with the requirements of the General Laws, Chapter 40A, and with this chapter. The Board of Appeals shall act on the following classes of matters, and no zoning or building permit shall be issued that is inconsistent with a decision of the Board of Appeals or on any matter within the jurisdiction of or before the Board of Appeals until it has filed its decision thereon:

(1) Appeals. Any person aggrieved by any order, decision or failure to act, believed to be in violation of the State Zoning Act or this chapter, including the action of the Board of Selectmen relative to a zoning permit or a site plan, may appeal such action or failure to act to the Board of Appeals, as provided by M.G.L.A. C. 40A, § 8, 14 and 15, and the Board of Appeals may reverse or affirm, wholly or in part, any such action or decision. The Board of Appeals shall to that end have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.

(2) Special permits. Unless otherwise designated by this chapter, the Board of Appeals shall be the special permit granting authority and shall hear and decide requests for special permits as provided in § 174-8B, 174-9 and other sections of this chapter and in accordance with M.G.L.A. C. 40A,. § 9, 11, 14, et al. Uses accessory to activities necessary for permitted scientific research and development may be authorized by special permit, whether or not on the same parcel as the principal use, provided that the Board of Appeals finds that such accessory use meets the general requirements of § 174-9.

(3) Variances. The Board of Appeals shall have the power to grant, upon appeal or upon petition, variances from the terms of this chapter, including use variances, where the Board finds that, due to circumstances relating to soil conditions, topography or shape of land or structures and especially affecting such land or structures but not affecting generally the zoning district in which they are located, literal enforcement of this chapter would involve substantial hardship to the appellant or petitioner and that the desired relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this chapter. The Board of Appeals may impose conditions, limitations and safeguards not based on the continued ownership by the applicant, petitioner or any owner. If the rights authorized by a variance are not exercised within one (1) year from the date of grant thereof, they shall lapse, and a new petition, notice and hearing will be required for their reestablishment.

(4) Comprehensive permits. The Board of Appeals may issue comprehensive permits for publicly subsidized housing, as provided in M.G.L.A. C. 40B, § 21.

B. Before acting on any appeal or application for a special or comprehensive permit or a variance, the Board of Appeals shall hold a public hearing, after publishing notices thereof twice in a newspaper of general circulation in Southborough and sending notices to abutters, all as provided in the General Laws, Chapter 40A. The Board of Appeals shall conform to time limits for its notices, public hearings, decisions and filing thereof as required by said Chapter 40A. The Board shall establish within its rules and may from time to time change by vote and file with the Town Clerk reasonable application fees to cover the costs of notices and hearings.

§ 174-26. Amendments.

This chapter or any part thereof may be amended or repealed at a Town Meeting duly called after an advertised public hearing is held on the proposed amendment by the Planning Board and it submits a report thereon or twenty (20) days elapse without such report being submitted.

§ 174-27. When Effective.

This chapter and any amendments thereto shall take effect as provided by law upon adoption by a Town Meeting, provided that it is subsequently approved by the Attorney General and published or ninety (90) days elapse without action by the Attorney General.

§ 174-28. Severability.

If any provision of this chapter or in the administration thereof is declared invalid or void by a court of competent jurisdiction, this shall not invalidate or void any other section or provision hereof.