10/15/2007 Annual Town Meeting - Laserfiche WebLink

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----- - ---- ----- ---- Section 4 of the proposed by-law correctly provides that requests for enforcement of the provisions of the special permit must be made to the town's building inspector. See G.L. c. 4OA, § 7' and Wyman v. Zoning Board of Appeals of Grafton, 47 Mass. App. Ct, 635 (1999) ( a condition of a variance or special permit is presumed to be inserted in the public interest and a r violation of such a condition should be enforced by the zoning enforcement officer.) Since this is. a request for enforcement, appeals by a person aggrieved by reason of his or her ability to obtain enforcement action by the building inspector must go to the zoning board of appeals pursuant to G.L. c. 40A, §§ 8 and 14. Thus, it is inconsistent with state law for the proposed by-law to provide that appeals by persons aggrieved by the building inspector's decision go to the special permit granting authority(the planning board.) For these reasons, we disapprove and delete the above underlined text as inconsistent with G.L. c. 40A, §§ 8 and 14. r We next call the town's attention to Section I(2), which pertains to removal of WECF and provides in pertinent part as follows: If an applicant fails to remove a WECF in accordance with the provisions of this section,the Town shall have the authority to enter the subject property and physically remove and dispose of the facility. As a condition of the special permit, the SPGA may require the applicant to provide a cash escrow account at the time of construction to cover the costs of removal from the site, as specified in Subsection (1) above, in the event said removal must be done by the town. . . . In approving the above-quoted text, we remind the town of the requirements of G.L. c. 44, § 53. General Laws Chapter 44, Section 53, provides that "[a]ll moneys received by a city, town or district officer or department, except as otherwise provided by special acts and except fees provided for by statute, shall be paid by such officers or department upon their receipt ` c General Laws Chapter 40A, Section 14,provides in pertinent part as follows: A board of appeals shall have the following powers:— (1) owers:(1)To hear and decide appeals in accordance with section eight. 2 General Laws Chapter 40A, Section 7,provides in pertinent part as follows: The inspector of buildings,building commissioner or local inspector,or if there are none, in a town,the board of selectmen, or person or board designated by local. . .by-law,shall be charged with the enforcement of the zoning. . .by-law and 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 would be in violation of any zoning. . .by-law; 4 and no permit or license shall be granted for a new use of a building, structure or land which use would be in violation of any zoning. . . by-law.If the officer or board charged with enforcement of zoning. . .by-laws is requested in writing to enforce such. . .by- laws against any person allegedly in violation of the same and such officer or board declines to act,he shall notify,in writing,the party requesting such enforcement of any j action or refusal to act, and the reasons therefore,within fourteen days of receipt of such request. F:\USERS\RITCHIE\WP6 I\DOCS\TOWNS\MASHPEE\#4506A DIS.DOC 4