§ 310-5.05. Administrative approvals.

Administrative approvals involve minor requests from applicants that would otherwise require a special permit or a modification of a special permit. The administrative approval process does not involve notification to abutters or a public hearing. There are three (3) types of administrative approvals as follows:

A. 

Board of Appeals. The Board may condition a special permit decision to reserve the right to administratively approve specified changes to the permit. The holder of a special permit may request the Board to administratively approve an insubstantial change to an existing special permit. Administrative approvals pursuant to this section shall be noticed in the public meeting notice and discussed and decided in an open meeting. (Note: A substantial change would require notification to abutters and a public hearing in order to modify an existing special permit.) An affirmative vote of four (4) voting members shall be required. The voting members need not be the same members who voted in the original decision.

B. 

Board of Appeals and Zoning Administrator. The Board may condition a special permit decision and delegate to the Zoning Administrator the right to administratively approve certain details or minor changes to the permit. The Zoning Administrator shall provide a written monthly report to the Board of all administrative approvals pursuant to this section.

C. 

Zoning Administrator. ** As of November 12, 2018, this Zoning Administrator approval process shall be discontinued until such time as the Board approves its reinstatement by vote of said Board.** The Zoning Administrator shall be delegated limited authority to grant administrative approvals for residential or commercial requests that do not exceed the lot coverage criteria set forth in § 240-69 and where conditions become not more nonconforming as follows:

[Amended 3-5-2016; 11-29-2018]

(1) 

Where no new rooms are created;

(2) 

Decks that are not enclosed that are within existing setbacks;

(3) 

Three-season rooms without heat or plumbing that are within existing setbacks;

(4) 

Additions that do not change existing setbacks or create new rooms; and

(5) 

Small residential accessory structures that do not include habitable space and not exceeding two hundred (200) square feet, including sheds in front yards that are more than fifty (50) feet from the street layout.

The Zoning Administrator shall provide a written monthly report to the Board of all administrative approvals pursuant to this section. Any person aggrieved by a decision or order of the Zoning Administrator, whether or not a party to the proceeding, or any municipal office or board, may appeal to the Board of Appeals, as provided in MGL c. 40A, § 14, within thirty (30) days after the decision of the Zoning Administrator has been filed in the office of the Town Clerk. Any appeal, application or petition filed with said Zoning Administrator as to which no decision has been issued within thirty-five (35) days from the date of filing shall be deemed denied and shall be subject to appeal of the Board of Appeals as provided in MGL c. 40A, § 8.