17 VERDON STREET - LOTS ON VERDON ST - BUILDING INSPECTION LOTS ON VERDON STREET Ms
r
� Stovi
E-
J r .
LAAID LOUR T //802
sT�� � T
4,0
44
J f°
� ZS � G L OCCAS ,fi1QP
Z- 0 T G99
� \ , U ' 030=`s,� � � '`� l�PP20✓eL urcOe/2 .S'u�Orvisro�v ��
__ _ .� � o � Gl � C'ONT24L Ld�w Nor REQ✓r2E0.
dDoe = --- —
0 5 ;�
GIN
j
� O Z- Q •?.. 00 \ V I SALEM PL.LINN/N� BOA;2O
p 8098
PET/T/OA/E. 5
'a � \ L4[J,QE.(/T ✓, � T�-/E2ESA /t�1. UEOQ�ZO
9G 84
(�
PLA N OF LAND /N
�0 G 13 Q 0&/N0 A t-SUOOIV/S/ON of LOTS
f/. 55, 56 c:; 57 A ,5 SNorvN ON �4"o
COU;2T P�A"
I cer / l N A (JULY /8, /985
>l/ 7 �is crc uo W
sc/rv�c,r rye mo e ori fhe
gqrourT Ju/y A5, rn T� M. ENG//,cc-�f2i�vc� 4�.5oci.n TEs, /i rc.
h fhe Lond 0 83 P/N� ST. PEABoot, MQ. or96a
rucAI/ 217,-y q/7--/477/.
A-5o E-5-7o e 5 AIA O e L07- 57
5/G
r i
a �
FORM A - DECISION
July 19, 1985
!,'Is. Josephine Fusco
Ci tv Clerk
City Hall
Salem, P_A 01970
Dear ils. Fusco:
At z regularly scheduled meetinc o_ t=:e g'e:l-e,--7_a7.7_ r0ard._held
on July 18, 1985 it was votec to er:dorse --oval Under Sub-
division Control Law Not Required" on the follouirg. described plan:
1. Applicant: Laurent Bedard
17 Verdon Street
Salem, MA. 01970
2. Location an i:_scri_-Lion 3 lots on Verdon and Crosbie Streets_.
�Lo't lines cchanged to make lots more
conforming pursuant to Board of Appeal
decision.
Deed of property records in Essex South District Registry.
Sincerely,
watt P, w �
Walter Po-:;er III
Chairman:
�dn/sm
FEB-23-98 01 :28 RM P. 01
- , 9 ftt-9) KeJ ZQ(,-U9 U 19) . Ile" nolleg . oauuo3 glin.L
C;!
FEB-23-99 01 :29 AM P. 02
a an,y a
a Y'
441 w Pray r:af Yd1 P PO
pag058+ lnn ntq� �q
pfndxa expy 4Pp 9VE, .o lyLraV I
IN fd17
MM»afA
11P1 m 11v]IIIIv11 101444 III No Ilia"aar 410101111 HAM A
-"'I ,11;;--i nnv.�r•n"D-I'x6'111111'1 xlxxr IYl 1"11MI)f
1:.,•:•• b 1'.:.J'. 01.111 d'll i .I v_f111x1^r:�AN'.x��p xr'm VO .
1J['. 1q :' 1e:Y " d 9`1,.', .. ")J I r•,+.1 11111J .I �"I 14 :• ...1Y i":11PIN1
Y)
)Y1q Atl: VI I rTNf )A: a xl!/!' Jrl 19
e,ul ro nm 1x1 YLn 1,Ie x v.x:a •I"!11 nvN u•I 1'..F'!It11 1"}' !Cd P,11
..^n Ixl I'J 11 "'111)11 Ol INInisld lehi 11 11rNt Anl n 'clv?]J Fq':'U r..JJr
M _
R
N �
w
1111311 All] 7111 dxf dNY[`.4 ON mV9d 7Nl N11m dy"I! "790 SYN Polcim ml 4o :TJod v
AJn IJJt f14JPJ 7 11076
03153007v 97NP1VVA
oaualaTled R4 fafeanbaJ am,VI... �
e43 ]V14 91 0'S Tvnaviufun pa]on tfaddl J. p...# WPTU07 047 'aJaJa,aV_
'aautuipud 041 le ffodJnd put
IUSIVI *UI fpJJ 1fQJ1#96.eP Rt Tfpuflfpnf Inp4]T11 put Poa7 aitOnd 041
a] ]WW1J1aa 1tHUefearlf ]npU11a Oa14aJp e4 uep pal...baJ a1UflJta s,l 'C
Ifa4aTmad Van
d1ffDJf4 tvimluona a gJae ptnom a]ufuTpjo a41 Ja ]VawvaJur teJay Tj 'L
112 TJIITP
ful 7]eJJf ATTOJIU37 IOU 00 4P14e 10T 0741 11fpf tuoliTpuw Tflued7 '1
1eaaTTaJ to upepuel v1sa7 441 'VvljR4
6141 it 041110faJd aaaaD<ae 641 up Put 1304 Jn VVUtpuTJ anpft 047 Ja ep'ef 044 UO
ewl e0.d
aRVs "l8 WRIA d[ OW 7JNVIAVA
45.T llid t ON 0YV699 'f a3uny1 d0 NOTilldd pNa1 No N01/10110
.. U63GIdop
11n • ..-7 y'3 $3145 f.11U,a8N 3d 1.3H 0 01 86 . '2 $93j
6i�1?S4t1 Gut 153
� Gtitq of salemw fflassa�th sms
(I'�Df
090$10a ON THE PETITION OF LAURENT J AEDAPD gJA 21
VAPIAPDFS FOP 1T vEPnON ST., SALEM
A h,aring on thea e•U teen wss held May 15, 1985 with the rallpwing Beard members
present, Jame. Hacker, Ohaiiamui Muara., Charnu, Oauthler, Lvzlnski and St POUt.
hettte of LM neardna was sent to aoutters and ether. and not-l.. of the hdar{ng
•n'* yrwyrrly pvtliahed In the $ale& Evening Neely In Ueordanle with Hna aaoA Ueatta
ienarnl law Chapter 40A.
Patlttonir, owner of tho Prfalaea, ragouts a variance from lot Size In order to
divide a pared of land into {hr.. Iota, non, of „hich .ill hese the ,feel Ked
15,000 eawgre feet, The let to to an A-+ district, w-
The varlante which has teen requested may to granted upon a finding of the
Board that[ v
w
a, epatlal canditiCna ano CSrcuaatences eAlat which especially erftet the -s
land, o✓ildlns or strwotwre inwolwed and which see not generally arru,t{rg
other land,, bu1101085 or atruct.e.. In the A m SLALFICtl N
w
b. liberal enforcesnb or the pra.I,ione of the Zoning Ordid.nee .ould In wa l✓e
suestantlal narddnlp, flnanciai or othemiae, to petitioner; and
e. desirable reller nay be gr'entld wttha.t e✓ba4entid detr/mint to the
pubilu Good and without nwl Llfytng or awvas.hia.11y aeroa.t,nG rrnm the
latent or the distract or tag purposes of the ordinance. .y
Th. 9...4 or appeal, efts, h.ertng the evidence presented at the nearing and arw
viewing the plana, makes the follo.lnA r040gs or rnetl
1, No oppoaltlon was raiaed to the pllht
A. The r.t,tlig 28,004 +quart rout, lot t, very mddA larger tnan ,Aly
106 In tM Lrt•nlnta Area,
dwr'� 4, Tho lot is La. i.rgd to be marketed or Celllydct,pn of a s,ng ,-
family Addis In %Ali gArti4olar Great
4. wlthaut the requuted warkore. Petltiondr will suffer rinaAd1al hard&hlpl
5• Thta AituatiAn W vnlaue b this lot and dnro hnt Aennrally nrr., t in.
dlx Lric LI
h. Th, neighbbncc,dd will not be arfettad dpbatanl lolly by the dly,dlnd
thu tot into three Smaller lots.
&
26 •d Wu 6Z= T0 66—£Z—H3d
C�Op�
PROCEDURES FOR VARIANCES AND SPECIAL PERMITS §10.58
The notice of the decision must "specify that appeals, if any, shall be made
pursuant to section seventeen and shall be filed within twenty days after the date
the city or town clerk received such written notice"G.L.c.40A, § 15(emphasis
added). In fact, however, Section 17 requires an appeal to be brought "within
twenty days after thedecision has been filed in the office of the city or town clerk."
G.L.c.40A,§17(emphasis added).This inconsistency was noted in Noe v.Board
of Appeals of Hingham, 13 Mass.App.Ct. 103, 109,430 N.E.2d 853,857(1982).
Regrettably,this mistake has not been corrected.
Use of the language of Section 15 could mislead a potential appellant as to the
time when the appeal must be filed,although adherence to the statutory language
should not constitute a notice defect which would allow an appellant to avail
himself or herself of the ninety-day statute of limitations under G.L.c.40A,§ 17.
This problem may be avoided by including the following (adndttedly cumber-
some)language in a notice of a board of appeals'decision:
Section 15 of Massachusetts General Laws Chapter 40A (the
"Zoning Act")requires this notice to specify that appeals,if any,
shall be made pursuant to Section 17 of the Zoning Act and shall
be filed within twenty days after the date of filing of this notice
with the city or town clerk.Section 17 of the Zoning Act requires
any such appeal to be filed within twenty days after the filing of
the decision with the city or town clerk.
Note also that the ninety-day limitation period of G.L. c.40A, § 17 need not be
mentioned in the statutory notice of decision.
§ 10.58 RECORDING THE DECISION
No variance or special permit will "take effect" until the following conditions
have been satisfied:
• the city or town clerk certifies on a copy of the zoning decision "that
twenty days have elapsed after the decision has been filed in the office
of the city or town clerk and no appeal has been filed or that if such
appeal has been filed,that it has been dismissed or denied";
•-the certified decision is"recorded in the registry of deeds for the county,
and district in which the land is located";and
the decision is"indexed in the grantor index under the name of the owner
of record"or"recorded noted on the owner's certificate of title."
G.L.c.40A,§11,14.The requirement for recording variances and special permits
arose for the first time as a result of 1960 Mass. Acts 326, as subsequently
amended by 1962 Mass.Acts 212.See Thirty-Fifth Report ofthe Judicial Council
Supp. 1995 10-45
§10.59 MASSACHUSETTS ZONING MANUAL
of Massachusetts for 1959, Pub.Doc.No. 144, at 68,reprinted in 44 Mass.L.Q.
Dec.,68(December 1959).The requirement for recording as in effect under Old
Chapter 40A, § 18 from 1960 until the effective date of the Zoning Act applied
only to "limited or conditional' zoning variances and special permits and was
intended to protect innocent third parties relying thereon.
These recording requirements similarly apply to "an extension, modification or
renewal'of a variance or special permit.G.L.c.40A,§11,14.The 1987 amendment
to the Zoning Act imposed a similar requirement, in the case of a constructively
granted application, for recording a certificate issued by the municipal clerk and a
copy of the application.The applicant is responsible for recording at his or her own
expense.See Procedural Requirements for Constructive Grant,below.
§ 10.59 LAPSE OF SPECIAL PERMITS
AND VARIANCES j
The Zoning Act sets forth differing provisions regarding lapse of special permits
and variances issued under Sections 9 and 10,respectively.Zoning ordinances or
bylaws are required to specify a period of time,not exceeding two years,"which
shall not include such time required to pursue or await the determination of an
appeal . . . from the grant thereof," in which special permits shall lapse "if a
substantial use thereof has not sooner commenced except for good cause or, in
the case of[a]permit for construction,if construction has not begun by such date
except for good cause."G.L.c.40A, § 9,911.
J—Whances granted under the Zoning Act lapse by operation of law"[i]f the rights
authorized . . . are not exercised within one year of the date of grant of such,;,
Lvariance.. . "G.L,c.40A,§ 10,131 The PGA,however,has discretion to extend
the one-year period by up to six months if the grantee of the variance applies for
such an extension within the one-year period and the PGA grants the extension
within thirty days atter the application. 1984 Mass.Acts 195.It would seem that
the extension may be granted at any public meeting of the PGA, and without
notice or a hearing.Alternatively,no reason appears why the extension could not
be granted at the same time as the initial variance.There is no provision for appeal
from such an extension, and there is no stated requirement for issuance or
recording of a written decision.
No cases construe what constitutes commencement of construction for purposes
of special permits issued under G.L.c.40A,§9.The caselaw decided under G.L.
c.40A, §§ 6 and 11 construing whether construction has"commenced"under a
building permit or special permit so as to freeze applicable zoning may be
considered but has not been judicially determined to be definitive in determining
whether construction has commenced for purposes of avoiding lapse of a special
permit.Smith v.Board of Appeals of Brookline, 366 Mass. 197,200, 316 N.E.2d
10-46 Supp. 1995
k
v s x x k 4 v
y( a`'r bi"
##t^.1' # HAS
.y. s
a
PROCEDURES FOR VARIANCES AND SPECIAL PERMITS §10.59y irk
d
.4 501, 503 (1974); Alexander v. Building Inspector of Provincetown, 350 Mass.
370, 374-75, 214 N.E.2d 876, 878-79 (1966);Murphy v. Board of Selectmen of
Manchester, I Mass.App.Ct. 407, 409-10, 298 N.E.2d 885, 887-88 (1973) (site ' L
uxr X
preparation work not sufficient; query whether commencement of construction w�rr �
on one of several independent buildings sufficient as to buildings that have not
commenced).
Commencement of construction under a special permit authorizing a use,within }
venthe specified period,should be sufficient to prevent lapse of a special permit,e '
though the use does not commence until after the period has expired.Otherwise, r Y
the statute would effectively frustrate projects requiring more than two years to �PMKt
complete,regardless of how promptly commenced and diligently pursued. {y .
[The requirement that a variance recipient "exercise rights"under the variance yy
within a one-year period would appear•to.be satisfied by simply obtaining apt r
rbuilding permit,.regardless of whether construction actually.begins within the
period.
The period in which the requisite action must be taken is measured in each case k
from the date of the "grant." This presumably is the date on which the zoning s
decision is filed with the municipal clerk, cf. Building Inspector of Attleboro v.
Attleboro Landfill, Inc., 384 Mass. 109,423 N.E.2d 1009(1981)("final action"
may` within the meaning of G.L. c. 40A, § 9 means filing of the decision with the
h�1
municipal clerk), not the date on which the zoning relief is voted by the boards
nor the date upon which the decision "lakes effect" as a result of recording
pursuant to G.L.c.40A, § 11. �
* d
' �Y
. '
The period in which action must occur is explicitly lengthened with respect to t
�. 7 w
special permits during the"time required to pursue or await the determination of .�+f��x'W
an appeal . . . from the grant thereof." G.L. c. 40A, § 9, 111. This provision
originally read ". . . not more than two years, including such time required to
pursue or await the determination of an appeal . . " (emphasis added). This r �`*
language was "clarified" in 1985 to read ". . . not more than two years, which t xr-
shall not include such time..."(em hasisadded).Wesubmitthatboththeoriginal f
„tf CY r vw�' a
and revised language intend the same thing—to extend the stated period in case k oa
,u �
of an appeal.Note, finally, that the original version of this language still appears £ "q� ,i
in Section 9A of the Zoning Act.It is earnestly to be hoped that no court will tryd
to explain this difference on any basis other than legislative oversight. g
Failure to commence use or begin construction within the applicable period will ,
not cause the sped at permit to lapse where"good cause"for the delay exists.The
Zoning Act does not expressly require a determination by the SPGA as to the :Y+�
existence of"good cause," nor does it provide that such a determination would "
be conclusive.It would appear that the question could properly be brought before vAm
0tk
Supp. 1995 10-47
r; � {
Y
..:: .. .
F
x! 1 YT i ;L N 'YLVkNf
`y tY+
UP
15
iNXI
:&;t.=dr.:-�'+t'u'x`' ` WINK" x
§10.59 MASSACHUSETTS ZONING MANUAL s
& as
. t4'�
the board of appeals by an appeal under G.L. c. 40A, § 8 from denial by the
building inspector of a building permit or occupancy certificate.See Rinaudo v. t}luH kf
�
Zoning Board of Appeals of Plymouth, 383 Mass. 885, 421 N.E.2d 439 (1981) ,al
(rescript) (appeal concerning applicability of zoning freeze under G.L. c. 40A, IN r
° x la
§ 6). Neither the Zoning Act nor any decided case addresses the question off= a
whether "good cause' refers only to unanticipated adverse events or circum-
stances or whether the SPGA cou d make a finding of good cause for extension `
at the time when a special permit is issued.The Zoning Act is silent on whether 1�'
the period in which a variance must be exercised is similarly tolled by pendingt� w�
litigation, or "good cause:' However, the caselaw firmly supports the position t s + y
that pending litigation challenging a variance tolls the period.Belfer v Building sk
Comm'r of Boston,363 Mass.439,444-45,294 N.E.2d 857,860(1973);see also
Woods v.Newton, 351 Mass.98, 104,217 N.E.2d 728,733 (1966)(delays due to
litigation should not prejudice party who had arighttoproceedimmediately under
y
legal permit).
Section 10 of the Zoning Act expressly provides that a lapsed variance may only
Jbe reinstated after notice and a new hearing;this has been construed to mean that', k i
new findings of the statutory criteria are necessary and that the board is not ./ w ,T� ; r, a•
ytobligated to renew the relief simply because there has been no change.in.Y
circumstances.Hunters BrookRealtyCorp.v.Zoning Board ofAppealsofBourne,
14 Mass.App.Ct.76,436 N.E.2d 978(1982);see also Lopes v.Board of Appeals, 4 t r
of Fairhaven,27 Mass.App.Ct.754,756,543 N.E.2d 421,422(1989)(afterlaps
e- - z t F i•
of a varianc,Z, new findings were required even though the initial grant of the
variance was approved judicially), review denied, 406 Mass. 1103, 548 N.E.2d 3 ;
887 (1990). When a variance that is valid only for a specific, limited period
I expires, renewal of the variance requires new findings of the statutory criteria. A
See Callahan&Sons,Inc. v.Board of Appeals of Lenox, 30Mass.App.Ct.36,40,
565 N.E.2d 813, 816, review denied, 409 Mass. 1104, 569 N.E.2d 832 (1991).
Although there is no parallel provision relating to special permits,the same result '•
is doubtless intended. s `
{
Variances granted prior to the effective date of 1975 Mass. Acts 808 were not °
subject to lapse under the terms of Old Chapter 40A. Hogan v. Hayes, 19 S
Mass.App.Ct. 399, 403-05, 474 N.E.2d 1158, 1161-62 (1985); Hunters Brook
Realty Corp. v.Zoning Board of Appeals of Bourne, 14 Mass.App.Ct.76,81,436 z i
N.E.2d 978, 982 (1982) (discussing legislative history of Zoning Act § 10).
Accordingly, unless a deadline for exercise was specified in the municipality's
ordinance or bylaw or in the variance itself, and absent a material change in
circumstances, such a variance could continue in force without limit of time
although not exercised.Hogan v. Hayes, 19 Mass.App.Ct.at 410,474 N.E.2d at
1162(1985)(dictum).
R t
Supp. 1995
10-48 e e:.
r<
i
..i ,i dX•Yti pW'Sy,,�,
C R¢
v: �,µ
SECTION 10. Variances VW
The permit granting authority shall have the •
power after public hearing for which notice
has been given by publication and posting as
provided in section eleven and by mailing to
�� yd all parties in interest to grant upon appeal
alb or upon petition with respect to particular
�3 J S land or structures a variance from the terms
vs of the applicable zoning ordinance or by-law
where such permit granting authority
specifically finds that owing to
S � circumstances relating to the 'soil
conditions, shape, or topography of such land
or�structures and especially affecting such
land or structures but not affecting
Variance Cannot be generally the zoning district in which it is
Granted Unless Permit located, a literal enforcement of the
Granting Authority provisions of the ordinance or by-law would
Specifically Finds involve substantial hardship, financial or
that All Conditions otherwise, to the petitioner or appellant,
have been Met and that desirable relief may be granted
without substantial detriment to the public
good and without nullifying or substantially
derogating from the intent or purpose of such
ordinance or by-law. Except where local
ordinances or by-laws shall expressly permit •
Use Variance Must be variances for use, no variance may authorize
Expressly Authorized a use or activity not otherwise permitted in
in Ordinance or By- the district in which the land or structure
Law is located; provided however, that such
variances properly granted prior to January
first, nineteen hundred and seventy-six but
limited in time, may be extended on the same
terms and conditions that were in effect for
such variance upon said effective date .
Variance Cannot be The permit granting authority may impose
Conditioned on conditions, safeguards and limitations both
Continued Ownership of time and of use, including the continued
existence of any particular structures but
excluding any condition, safeguards or
limitation based upon the continued ownership
of the land or structures to which the
variance pertains by the applicant,
petitioner or any owner.
_�
Rights Authori' zed b7y�jIf the rights' authorized-by-a-variance are
Variance Must be rnot exeressed within one year of the date of7
Exercised Within 17 grant=of such�var_ance such rights shal•lt
yeyr— lapse; provided, however-, that the permit , •
�---� granting authority in its discretion and.,
upon
written application by -the grantee of such
�ights_.may extend the time for 'exercise of
10 - 1
such rights for a'period not to exceed' sik-
-.
months; �and-provided, -further, -tfiat tfie'
Extensions application for such extension is filed with
such permit granting authority prior to the
expiration of such one year period. If the
permit granting authority does not grant such
extension within thirty days of the date of
application therefor, and upon the expiration
of the original one year period, such rights
may be reestablished only after notice and a
new hearing pursuant to the provisions of
this section.
Added by St . 1975, c. 808, s. 3 ; Amended by
St . 1977, c. 829, s . 4b; St . 1984, c .195 .
SJIL- l(3PL�1Prt i - SE
( Ah-� 7f/„
L'),tl SJ , �
c4lu ✓V
e.
10 - 2
® ADMINISTRATION SALEM ZONING ORDINANCE Art. D{, $9.5
safeguards as are appropriate under this ordi- substantial use thereof has not sooner commenced
nance or shall deny special permits when not in except for good cause or, in the case of permit for
• harmony with the purpose and intent of this or- construction,if construction has not begun by such
dinance. The board of appeals shall not have the date except for good cause.
power to grant any special permit where use of
land or structure is specifically excluded from the
district. Sec. 9.5. Variances.
(b) The board of appeals may authorize the is- (a) In authorizing, upon appeal or petition in
suance of a special permit for a change to another specific cases, a variance from the terms of this
nonconforming use of an existing nonconforming ordinance, the board of appeals shall determine
building or use or its alteration or enlargement, that such variance will not be contrary to the
provided that the board finds that the use as public interest and that, owing to special condi-
changed, altered or extended will not depart from tions, a literal enforcement of the provisions of
the intent of this ordinance and its prior use or this ordinance would result in unnecessary hard-
degree of use; provided that such building or use ship.
is neither increased in volume nor area unreason-
ably. (b) A variance from the terms of this ordinance
(c) A special permit shall not be granted by the shall not be granted by the board of appeals un-
board of appeals unless and until written applica- less and until:
tion for the special permit is made, stating the (1) A written application for a variance is sub-
grounds on which such permit is requested and mitted, demonstrating that:
® public notice and hearing is held in accordance
with Chapter 40A and unless said application com- a. Special conditions and circumstances
plies in all other respects with provisions of this exist which especially affect the land,
zoning ordinance. building or structure involved and
which are not generally affecting other
(d) Violation of such conditions and safeguards lands, buildings and structures in the
as are made a part of the terms under which the same district;
special permit is granted shall be deemed a vio- b. Literal enforcement of the provisions
lation of this ordinance. of this ordinance would involve sub-
(e) Failure by a special permit granting au- stantial hardship, financial or other-
thority to take final action upon an application wise, to the appellant; and
for a special permit within ninety (90) days fol- c. Desirable relief may be granted
lowing the date of public hearing shall be deemed without substantial detriment to the
to be a grant of the permit applied for. public good and without nullifying or
substantially derogating from the in-
(0 Construction or operations under a special tent of the district or the purposes of
permit shall conform to any subsequent amend- this ordinance.
ment of this ordinance,unless the use or construc-. (2) public notice and hearing is held,according
tion is commenced within a period of not less than to the rules of the board.
six (6) months after the issuance of the permit
and, in cases involving construction, unless such
construction is continued through to completion (c) In granting any variance, the board of ap-
• as continuously and expeditiously as is reason- peals may impose limitations both of time and of
able. use, and the continuation of the use permitted
shall be conditioned upon compliance with regu-
(g) Any special permit granted under this sec- lations to be made and amended from time to time
® tion shall lapse within two(2)years,and including thereafter. Violation of such limitations and reg-
such time required to pursue or await the deter- ulations shall be deemed a violation of this ordi-
mination of an appeal from the grant thereof, if a nance.
55
Art. IX, §9.5 SALEM ZONING ORDINANCE ADMINISTRATION •
(d)'Rights authorized by a variance that are not (2) Al] streets and other reference marks;
exercised
4within one (1) year of the date of the �_ (3) All outstanding topographical features;
grant of such variance shall lapse. I •
- — (4) All abutting lots, including the names and
Sec. 9.6. Amendments. addresses of the present owners;
(a) The regulations,restrictions and boundaries (5) Any buildings or structures on the site and
set forth in this ordinance may from time to time on abutting properties within three hun-
be amended, supplemented, changed or repealed, dred (300) feet of the site; the first floor
provided, however, that no such action may be elevations of all building and/or structures
taken until after: shall be shown; and
(1) The planning board has given appropriate (6) All easements or other restrictions on the
public notice and has held a public hearing, site.
according to the provisions of the General The plan shall be prepared by a registered land
Laws, Chapter 40A; surveyor, and his official stamp or seal shall be
(2) The planning board has submitted a final affixed to the plan.
report with recommendations to the city (d) No proposed zoning ordinance amendment
council or until twenty-one (21) days shall which has been unfavorably acted upon by the
have elapsed after such hearing without the city council shall be considered by the city council
submission of such report; and within two (2) years after the date of such unfa-
(3) The city council or a committee designated vorable action, unless the adoption of such pro-
for the purpose has given appropriate public posed ordinance is recommended in the final re- •
notice and held a public hearing, according port of the planning board.
to the provisions of the General Laws,
Chapter 40A. Sec, 9.7. Requirements for development
The city council may then adopt,reject or amend Permit.
and adopt the proposed amendment,provided that, Any person acting in such a manner as to come
if the city council fails to act within ninety (90) within the definition of residential development
days after its hearing, it shall not act thereon use shall under this ordinance be required to apply
until after it holds a subsequent hearing with ap- for a development permit for this use from the
propriate public notice. planning board. Said permit shall be granted after
the parcel under review has met the standards of
(b) Amendment of this ordinance shall not be- issuance for residential development contained
come effective except by the favorable vote of two- herein. If said application does not meet the stan-
thirds (2/3) of the members of the city council and dards for residential development contained
in accordance with the General Laws, Chapter herein, it shall be denied.
40A.
(c) A descriptive plot plan shall accompany all Sec. 9.8. Procedure for development permit
petitions to amend this ordinance for the purpose application.
of changing the boundary lines of districts as
shown on the zoning map.Such plan shall be filed (a) Ption to the
planapplining b Prior to a formal
with the city clerk, and a duplicate copy of such application to the planning board for mit a re-
ment use permit, the developer may submit apre- •
plan shall be filed with the planning board. The liminary application to the planning department
plan shall be drawn accurately,with ink on tracing in sufficient detail so that the application can be
cloth, at a scale (preferably at one (1) inch equals reviewed with respect to all standards set forth in
twenty(20) feet) sufficiently large to show clearly section 9-9 of this article as to the availability of
the following data: municipal services and facilities and projected im- •
(1) The metes and bounds of the site; provements scheduled in the capital improvements
56