Barre City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 140-20 Enforcement; rate of development.
A.
This bylaw shall be enforced by the Building Inspector under the authority of the Select Board.
[Amended 6-15-2021 ATM, Art. 20]
B.
If the Building Inspector charged with the enforcement of the Zoning Bylaw is requested in writing to enforce the bylaw against any person allegedly in violation of the same and the Building Inspector declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reason therefor, within 14 days of receipt of such request.
[Added 2-26-1979 STM, Art. 6]
C.
Rate of development.
[Added 6-11-2007 ATM, Art. 18]
(1)
Purpose. The purposes of this subsection, Rate of development, are to (a) promote orderly residential growth in the Town of Barre, consistent with the rate of growth over the last 10 years (expressed herein as building permits issued for new dwelling units); (b) phase growth so that it will not unduly strain the community's ability to plan for and provide basic public facilities and services; (c) provide the Town and its boards and agencies the information and reasonable time necessary to preserve and enhance existing community character, safety, health, and the value of property; (d) ensure the greatest degree of fairness and equal opportunity to all in the distribution of available building permits, and (e) allow time for the Town to initiate and complete a master planning process and make associated revisions to its zoning bylaws, subdivision control regulations, and other local land use laws.
(2)
General. Beginning on the date of the adoption of this bylaw, building permits (hereinafter, "permits") for no more than 35 new dwelling units shall be issued in calendar years 2007, 2008, 2009, 2010 and 2011. More than 35 permits may be issued in one year if Subsection C(3)(e) below applies. For the purposes of this subsection, a one-family structure shall constitute one dwelling unit, a two-family structure (duplex) shall constitute two dwelling units, an accessory apartment shall constitute one dwelling unit, and a one-family structure with an accessory apartment shall constitute two dwelling units.
(3)
Procedures. Any permits shall be issued in accordance with the following procedures:
(a)
Any natural person, partnership, corporation, realty trust or legal entity may apply for no more than two permits in any given month. In the case of an application constituting greater than two dwelling units, the aforesaid interval shall be two months. For the purposes of this subsection, subsequent applications in the same one-month or two-month period, as the case may be, by any natural person, partnership, corporation, realty trust or legal entity which in any way may be construed as having a common ownership, interest or control with previous applications in the same month or months are prohibited, and shall be returned to the applicant.
(b)
Permits shall be issued on or before Friday (or, in case of a holiday, on whatever day is the last day of the week that the offices of the Building Inspector are open for business) of each week by the Building Inspector (following approval by the Building Inspector). The Building Inspector shall act on each permit in order of submission. Any permit application that is incomplete or inaccurate shall be returned to the applicant and shall require a new submission.
(c)
From the first Friday in January through the 15th Friday of the year, either no (0) permit if there are no approved applications awaiting issuance, or two permits if there is one or more approved applications awaiting issuance, shall be issued in any given week. If all 35 permits have not been issued by the 15th Friday of the year, the remaining permits shall be issued for approved applications at the rate of one or more per week until 35 permits are issued for that year. Should the Building Inspector issue 29 permits and subsequently receive a permit application for a two-family or multifamily structure, the application shall be passed over and retained by the Building Inspector. [See Subsection C(3)(g) below.] In circumstances where Subsection C(3)(e) below, applies, there may be more than 35 permits available for issuance.
(d)
The Building Inspector shall mark each application with the time end the date of submission, and shall act on each application in a timely manner. He/she shall issue approved permits in accordance with the schedule in Subsection C(3)(c) above. If the Building Inspector has more approved permits in any given week, than he/she is authorized to issue, the Building Inspector shall retain said permits to be issued in the order in which the applications were submitted.
(e)
If any permit is deemed abandoned or invalid in the same calendar year in which it was issued, then it shall be returned and counted as an additional permit available for issuance during that same calendar year. A permit which is deemed abandoned or invalid in a calendar year different from the year in which it was issued shall be returned and counted as an additional permit to be issued during the calendar year in which it is deemed abandoned or invalid only if 1) there were more approved applications for permits then were issued in the year when the said permit was issued, and 2) if there are any intervening years between the calendar year of issuance and calendar year in which said permit is deemed abandoned or invalid, there were also more approved applications for permits than were issued during all of those intervening years.
(f)
Permits not issued in any calendar year shall not be available for issuance in any subsequent year.
(g)
By the first Friday of January during any calendar year in which this subsection of this bylaw is in effect, the Building Inspector shall determine whether or not each approved application for which a permit has not been issued during the previous calendar year shall be retained. Upon being informed in writing by the applicant before said first Friday in January that the applicant desires the application to remain in effect, the Building Inspector shall continue to treat said application as an approved but not issued application in accordance with this section. All approved applications for which a permit has not been issued, and for which the applicant has not informed the Building Inspector in writing by the said first Friday in January of the applicant's desire for the application to remain in effect shall not be retained, and the application shall be returned to the applicant.
(h)
The maximum number of permits to be issued for the remainder of calendar year 2007 shall be 35. All provisions of this subsection shall apply to said issuance except that the period of permit issuance may commence on the first Friday following adoption of this bylaw.
(4)
Affordable housing. Except as provided herein and upon a determination by the Planning Board under a special permit, dwelling units which meet special needs in affordable housing provision shall be exempt from the provisions of this subsection. Such special permit shall be granted if said dwelling units are housing units that are eligible for inclusion in the Town's "Subsidized Housing Inventory" for purposes of G.L. Chapter 40B as determined by the Massachusetts Department of Housing and Community Development. Affordable dwelling units exempted under this Subsection C(4) shall nevertheless be counted toward the 35 permit yearly maximum established in Subsection C(2), above.
(5)
Exemptions. The provisions of this section shall not apply to, nor limit in any way, the granting of building or occupancy permits required far enlargement restoration, rehabilitation, or reconstruction of dwellings existing on lots as of the date of passage of this bylaw.
(6)
Relation to real estate assessment. Any land owner denied the issuance of an approved permit because of the provisions in sections may appeal to the Board of Assessors, in conformity with the General taws of Massachusetts Chapter 59, Section 59, for a determination as to the extent to which the temporary restriction on development of such land shall affect the assessed valuation placed on such land for purposes of real estate taxation, and for abatement as determined to be appropriate.
(7)
Severability. If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be effected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validly of the remainder of the Barre Zoning Bylaw.
§ 140-21 Building permit; application information.
No building permit shall be issued until the construction or alteration of a building or structure, as proposed, shall comply in all respects with the provisions of the bylaw or with a decision rendered by the Board of Appeals. Any application for such a permit shall be accompanied by a plan, accurately drawn, showing the actual shape and dimensions of the lot to be built upon, the exact location and size of all buildings or structures already on the lot, the location of new buildings and structures to be erected, the existing and intended use of each building or structure and such other information as may be necessary to provide for the execution and enforcement of this bylaw.
§ 140-22 Certificate of occupancy.
No land shall be occupied or used, and no building or structure which was erected or structurally altered after the first passage of applicable provisions of this or any prior bylaw or any amendment thereto shall be occupied or used in whole or in part for any purpose unless a certificate of occupancy has been issued by the Building Inspector. Such certificate shall state that the structure and use of structure and land comply in every respect with the provisions of this bylaw in effect at the time of issuance.
§ 140-23 Board of Appeals.
A.
There is hereby established a Board of Appeals, also known as "Zoning Board of Appeals," of three members and two associate members to be appointed by the Select Board as provided in the General Laws, Chapter 40A. The Board of Appeals shall establish procedures consistent with the provisions of this bylaw and with the provisions of Chapter 40A or other applicable provisions of the General Laws, and shall file a copy thereof with the Town Clerk. The Board of Appeals shall have the following powers and duties:
[Amended 6-17-2002 ATM, Art. 31; 6-15-2021 ATM, Art. 20]
(1)
Appeals. To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit from the Building Inspector under the provision of General Laws, Chapter 40A, or by any officer or board of the Town of Barre or by any person aggrieved by any order or decision of the Building Inspector in violation of any provision of General Laws, Chapter 40A, or of this bylaw.
B.
Variances. A variance may be granted, after public hearing, by the Zoning Board of Appeals where the Board finds that:
[Amended 2-26-1979 STM, Art. 6]
(1)
Special circumstances relating to soil conditions, shape or topography of the land or structures exist on the particular parcel, and
(2)
These special circumstances specifically affect the particular parcel involved and do not generally affect other parcels in the same zoning district in which the parcel is located, and
(3)
A literal interpretation of the provisions of the zoning bylaw would involve substantial hardship to the petitioner either financial or otherwise, and
(4)
Desirable relief might be granted to the petitioner without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the bylaw.
§ 140-24 Violations and penalties.
[Amended 6-12-2000 ATM, Art. 42]
Any person, firm or corporation violating any section or provision of this bylaw shall be fined not more than $300 for each offense. Each day that willful violation continues shall constitute a separate offense.
§ 140-25 Amendment.
[Amended 2-26-1979 STM, Art. 6]
This bylaw may be amended from time to time in accordance with the provisions of MGL, c. 40A, § 5.
§ 140-26 Repetitive petitions.
No proposed change in this bylaw which has been unfavorably acted upon by the Town Meeting shall be considered on its merits by the Town Meeting within two years after the date of such unfavorable action unless adoption of the proposed change is recommended in the final report of the Planning Board. No application for a special permit and no appeal or petition for a variance which has been unfavorably acted upon by the Board of Appeals shall be considered on its merits by said Board within two years after the vote of such unfavorable action except with unanimous consent of the Planning Board.
§ 140-27 Validity.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.
§ 140-28 Other regulations.
This bylaw shall not interfere with or annul any other Town bylaw, rule, regulation, or permit provided that, unless specifically excepted, where this bylaw is more stringent, it shall control.
§ 140-30 Designation of Special Permit Granting Authority.
[Added 2-26-1979 STM, Art. 7]
A.
The Planning Board shall be designated as the Special Permit Granting Authority.
B.
The Planning Board shall hear and decide applications for special permits for exceptions as provided in this bylaw, subject to any general or specific rules therein contained and subject to any appropriate conditions and safeguards imposed by the Board.
[Amended 6-12-2000 ATM, Art. 42]
C.
A special permit shall be issued only after a public hearing. Any application for a special permit shall be forwarded by written notification from the Special Permit Granting Authority to the Board of Health, Conservation Commission, and Select Board, who shall have an opportunity, within 35 days of such notification, to report its recommendations in writing to the Special Permit Granting Authority. That a special permit shall lapse if substantial use of said permit has not commenced within two years.
[Added 2-26-1979 STM, Art. 6; amended 6-13-2005 ATM, Art. 30; 6-15-2021 ATM, Art. 20]
§ 140-31 Associate member of Planning Board.
[Added 6-14-1999 ATM, Art. 47]
The Planning Board shall have an associate member to be elected annually at the annual Town election for a term of one year pursuant to MGL c. 40A, § 9.
§ 140-32 Cost of legal notices.
[Added 6-14-1999 ATM, Art. 47]
The cost of legal notices shall be borne by the applicant with a deposit required from the applicant at time of application.