Great Barrington City Zoning Code
SECTION 10
0 Administration and Procedures
10.1 Enforcement.
10.1.1.
Enforcement by Inspector of Buildings. This bylaw shall be enforced by the Inspector of Buildings.
10.1.2.
Compliance required. No permit shall be issued by the Inspector of Buildings unless the application for said permit indicates compliance with this bylaw and any other applicable town bylaws and regulations, the State Sanitary Code and regulations of the Board of Health, the Planning Board's Subdivision Control Regulations, the Wetlands Protection Act, and all other applicable state and federal regulations. The applicant shall be responsible for identifying and obtaining all required local, state and federal permits and approvals for the project and for informing the Inspector of Buildings and other permit granting authorities of the status of each approval.
10.1.3.
Permit required. No building or other structure shall be erected, moved, added to or structurally altered without a permit issued therefor by the Inspector of Buildings. Failure to obtain a building permit shall be a violation of this bylaw and shall be punishable as provided herein.
10.1.4.
Certificate of occupancy. It shall be unlawful to use or permit the use of any building or structure or part thereof created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure under the terms of a building permit issued by the Inspector of Buildings until a certificate of occupancy is issued therefor by the Inspector of Buildings, stating that such building or structure or part thereof and the proposed use thereof, conform to the terms of the building permit, all provisions of this bylaw or an order of the Zoning Board of Appeals. Failure to obtain a certificate of occupancy shall be a violation of this bylaw and shall be punishable as provided herein.
10.1.5.
Violations. If the Inspector of Buildings shall find or shall have reasonable grounds to believe that any of the provisions of this bylaw are being violated, he shall notify in writing the person responsible for such violations and the record owner of the premises, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures, removal of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other authorized action to ensure compliance with or to prevent violation of the provisions of this bylaw.
10.1.6.
Aggrieved persons. Whenever a violation of this bylaw occurs or is alleged to have occurred, any aggrieved person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Inspector of Buildings. He shall record such complaint, immediately investigate and take action thereon as provided by this bylaw, and notify the complainant in writing of any action or refusal to act, and the reasons therefor, within 14 days of receipt of such complaint. A copy of such letter, with a copy of the written complaint, shall be forwarded forthwith to the Selectboard. The decision of the Inspector of Buildings may be appealed within 30 days to the Zoning Board of Appeals in accordance with MGL c. 40A, §§ 8 and 15.
10.1.7.
Penalties. Whoever violates any provisions of this bylaw or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $300 for each offense. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town from taking such other lawful action as it deems necessary to prevent or remedy any violation.
10.1.8.
Noncriminal disposition. In addition to the procedures as described above, the provisions of this bylaw may also be enforced by the Inspector of Buildings by noncriminal disposition pursuant to the provisions of MGL c. 40, § 21D. Each day on which a violation exists shall be deemed to be a separate offense. The penalty for violation of any provision of this bylaw shall be $25 for the first offense; $50 for the second offense; $100 for the third offense; and $200 for the fourth and each subsequent offense.
10.2 Zoning Board of Appeals.
10.2.1.
Membership; terms of office. There shall be a Board of Appeals consisting of five members elected by the voters for terms of such length and so arranged that the term of one such electee shall expire each year and that, thereafter, one member shall be elected at each annual election. In addition thereto, there shall be two associate members appointed jointly by the Selectboard and the Board of Appeals for terms of one and two years for the first appointment and, thereafter, each year one appointment for a term of two years. The Chairman of the Board of Appeals may designate any such associate member to sit on the Board and act in the case of the absence, inability to act or conflict of interest on the part of a regular member thereof or, in the event of a vacancy on said Board, may designate any such associate member to sit as a member of the Board and act until said vacancy is filled. No person shall serve on the Planning Board and the Board of Appeals at one time.
10.2.2.
Powers. The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws and by this bylaw. The Board's powers are as follows:
1.
To hear and decide applications for special permits where designated as special permit granting authority in this bylaw.
2.
To hear and decide appeals or petitions for variances from the terms of this bylaw, with respect to particular land or structures, as set forth in MGL c. 40A, § 10. The Board of Appeals shall not grant use variances.
3.
To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of MGL c. 40A, §§ 8 and 15.
4.
To hear and decide comprehensive permits for construction of low- or moderate-income housing by a public agency or limited dividend or nonprofit corporation, as set forth in MGL c. 40B, §§ 20 to 23.
10.2.3.
Regulations. The Board of Appeals may adopt rules and regulations for the administration of its powers.
10.2.4.
Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.
10.3 Planning Board.
10.3.1.
Establishment. The Town has voted to establish the existing Planning Board, under MGL c. 41 § 81A, and the members of the Planning Board now in office shall serve as members of the Planning Board under Section 81A, with all the powers and duties allowed planning boards as detailed in MGL c. 41 §§ 81A through 81GG, inclusive.
10.3.2.
Powers. The Planning Board shall have the following powers and those established by the General Laws:
10.3.3.
Associate member. The Planning Board is authorized to have one associate member. The associate member shall be appointed for a three-year term by a majority vote of the members of the Planning Board and the Selectboard. The Chairman of the Planning Board may designate the associate member to sit on the Planning Board for the purposes of acting on a special permit or site plan review application, or any other matter for which a quorum is required, in case of an absence, inability to act or conflict of interest on the part of any member of the Board or in the event of a vacancy on the Board.
10.3.4.
Rules and regulations. The Planning Board shall adopt rules and regulations not inconsistent with the provisions of the Zoning Bylaw for conduct of its business and otherwise carrying out the purposes of said Chapter 40A, and shall file a copy of such rules in the office of the Town Clerk.
10.3.5.
Fees. The Planning Board may adopt reasonable administrative fees and technical review fees.
10.4 Special permits.
10.4.1.
Special permit granting authority. Unless specifically designated otherwise, the Selectboard shall act as the special permit granting authority.
10.4.2.
Criteria. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this bylaw, the determination shall include consideration of each of the following:
1.
Social, economic, or community needs which are served by the proposal;
2.
Traffic flow and safety, including parking and loading;
3.
Adequacy of utilities and other public services;
4.
Neighborhood character and social structures;
5.
Impacts on the natural environment; and
6.
Potential fiscal impact, including impact on town services, tax base, and employment.
10.4.3.
Procedures. An application for a special permit shall be filed in accordance with the rules and regulations of the special permit granting authority.
1.
The SPGA shall, within five business days (Saturdays, Sundays and legal holidays excluded) after acceptance of a special permit application, transmit copies of the application, along with all accompanying plans and maps, to the Board of Health, the Planning Board, the Selectmen and the Conservation Commission and to any other Town departments, at the discretion of the SPGA. It shall be the responsibility of the applicant to provide sufficient copies for such transmittal.
2.
The SPGA or its designated representative shall mark on the face of each copy the date of such transmittal and the boards and departments to which it was transmitted. The application shall be deemed received by all such boards and departments two business days after such transmittal (Saturdays, Sundays and legal holidays excluded). Any board or department to which such an application is transmitted for review shall make in writing such recommendations as it deems appropriate; provided, however, that failure to make recommendations within 35 calendar days of receipt by the board or department shall be deemed lack of opposition to the application.
3.
Any Town board or department may recommend and the SPGA may impose such additional requirements and restrictions for any use under 3.1.4, Table of Use Regulations, or for any other special permit required by this bylaw, as in the judgment of the reviewing boards and departments are necessary for the protection of public health, safety and welfare, the environment and neighboring uses.
4.
It is recommended that projects requiring a special permit appear before the Design Advisory Committee prior to meeting with the SPGA.
10.4.4.
Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this bylaw. Such conditions, safeguards or limitations may include, but are not limited to, the following:
1.
Front, side and rear yards greater than the minimum required by this bylaw.
2.
Screening buffers or planted strips and/or fences or walls as specified by the SPGA.
3.
Design and installation of lighting to minimize glare into the night sky and spill into adjacent properties.
4.
Limitations on the size, number of occupants, method and/or time of operation, time duration of the permit and/or extent of facilities.
5.
Requirements as to number and/or location of driveways and/or other traffic features, off-street parking and/or loading and/or other specific features beyond the minimums required by this bylaw.
Any conditions, safeguards or limitations shall be imposed in writing and shall be made a part of the special and building permit.
10.4.5.
Plans. Unless otherwise provided the rule or regulation of the special permit granting authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of Section 10.5.3, herein.
10.4.6.
Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section.
10.4.7.
Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits, which shall be filed in the office of the Town Clerk.
10.4.8.
Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof) with the Town Clerk.
10.5 Site plan review.
10.5.1.
Applicability. The following types of activities and uses require site plan review by the Planning Board:
1.
Construction, exterior alteration or exterior expansion of, or change of use within, a municipal, institutional, commercial, industrial, or multifamily structure;
2.
Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial, or multifamily structure or purpose involving more than six spaces;
3.
Grading or clearing more than 10% of a lot or 10,000 square feet, whichever is the lesser, except for the following: landscaping on a lot with an existing structure or a proposed single- or two-family dwelling; clearing necessary for percolation and other site tests, work incidental to agricultural activity, work in conjunction with an approved subdivision plan, or work pursuant to an earth removal permit.
4.
Any other instance required by this bylaw.
5.
It is recommended that projects requiring Planning Board site plan approval appear before the Design Advisory Committee prior to meeting with the Planning Board.
10.5.2.
Procedures.
1.
Use, structure, or activity available as of right. An application for a building permit to perform work as set forth herein available as of right shall be accompanied by an approved site plan. Prior to the commencement of any activity set forth herein available as of right, the project proponent shall obtain site plan approval from the Board. Applications shall be submitted as set forth in the Planning Board's rules and regulations. The Board shall review and act upon the site plan, with such conditions as may be deemed appropriate, within 60 days of its receipt, and notify the applicant of its decision. The decision of the Board shall be upon a majority of the Board as constituted and shall be in writing. No building permit shall be issued by the Building Inspector without the written approval of the site plan by the Board, or unless 60 days lapse from the date of the submittal of the site plan without action by the Board.
2.
An application for site plan approval shall be accompanied by a fee, as set forth in the Board's Rules and Regulations.
3.
The applicant may request, and the Board may grant by majority vote, an extension of the time limits set forth herein.
4.
No deviation from an approved site plan shall be permitted without modification thereof.
10.5.3.
Submittal requirements. When specific requirements are not provided elsewhere in this bylaw, the following general submittal requirements apply unless waived by the Planning Board.
1.
Plot plan of the entire tract, signed by a licensed surveyor or engineer, drawn to a scale adequate to represent all features of the property, clearly portraying the following:
a.
Lot layout and dimensions.
b.
Access road locations and widths and all intersections and driveways located within 200 feet of any portion of the tract.
c.
Open space locations and dimensions.
d.
Location of major site features, such as existing stone walls, fences, large trees and rock outcroppings.
e.
All existing and proposed structures on the property.
f.
All existing and proposed driveways, walkways and parking areas.
g.
All bordering streets and/or highways;
h.
Contours of elevation at intervals of no more than two feet.
i.
All existing and proposed wells and septic systems.
j.
Existing and proposed drainage patterns and stormwater drainage calculations.
k.
All proposed stormwater management devices including but not limited to inlets, pipes, swales, and infiltration, retention and detention devices.
l.
Existing and proposed landscaping; limits of clearing; erosion and sediment control to be used during construction.
m.
Existing and proposed lighting, including heights, fixtures, and types of lighting.
n.
Other physical and topographical features of the property including but not limited to streams, ponds, floodplains and wetlands.
o.
An arrow indicating magnetic North.
p.
Two locus maps showing the location of the property. One shall be an enlarged section of a United States Geological Survey Map, and the other shall be a copy of the current Great Barrington Zoning Map, each indicating the location of the property by arrow or other suitable mark.
2.
The application shall be signed by the owner or owners of the property in question or, if the applicant is other than the owner of the property, shall be signed by the applicant and shall be accompanied by a letter from the owner authorizing the applicant to apply for the building permit or special permit. Said application shall also be accompanied by all appropriate fees. For the purposes of this section, an "owner" shall be defined as a person, corporation, partnership or other legal entity having a legal or equitable interest in the property.
3.
Traffic impact assessment. The purpose of a traffic impact assessment is to document existing traffic conditions (both vehicular and pedestrian) in the vicinity of the proposed project, to describe the volume and effect of projected traffic generated by the proposed project, and to identify measures proposed to mitigate any adverse impacts on traffic. The Planning Board may request a traffic study for any project. A traffic study may be required upon request for all projects with one or more of the following characteristics: projects that propose 30 or more parking spaces pursuant to Section 6.1; or projects expected to generate 100 trip-ends or more per day; or projects containing frontage and/or access on a numbered highway. The traffic impact assessment shall be performed by a certified traffic engineer in accordance with Massachusetts Executive Office of Energy and Environmental Affairs, Division of Transportation Guidelines for Traffic Impact Assessments and shall contain the following:
a.
Existing traffic conditions: average daily and peak hour volumes, average and peak speeds, sight distances, accident data, and levels of service (LOS) of intersections and streets likely to be affected by the proposed development. Generally, such data shall be presented for all streets and intersections adjacent to or within 1,000 feet of the projected boundaries, and shall be no more than six months old at the date of application.
b.
Information regarding existing pedestrian and bicycle circulation and ways and existing transit service and facilities such as bus stops, pull-outs and shelters shall be provided.
c.
Projected traffic conditions for design year of occupancy: statement of design year of occupancy, background traffic growth on an annual average basis, and impacts of proposed developments which have already been approved in part or in whole by the Town.
d.
Projected impact of proposed development: projected peak hour and daily traffic generated by the development on roads and ways in the vicinity of the development.
e.
Sight lines at the intersections of the proposed driveways and streets.
f.
Existing and proposed traffic controls in the vicinity of the proposed development; proposed pedestrian and bicycle ways and design elements to maximize pedestrian and bicycle safety and usage.
g.
Proposed transit design elements to maximize transit safety and usage; and projected post-development traffic volumes and level of service (LOS) of intersections and streets likely to be affected by the proposed development.
h.
Increases in vehicular traffic on adjacent public ways, including impact on existing traffic signals, and, if indicated, a plan to remediate identified deficiencies.
i.
Proposed measures to minimize traffic conflict and mitigate any affected intersections or ways.
10.5.4.
Waiver of submittal compliance. The Board may, upon written request of the applicant, waive any of the submittal requirements of Section 10.5.3 where the project involves relatively simple development plans or constitutes a minor site plan.
10.5.5.
Approval. Site plan approval shall be granted upon determination by the Board that the plan meets the following objectives. The Board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Planning Board's Subdivision Rules and Regulations. New building construction or other site alterations shall be designed with consideration of the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development, in order to:
1.
Minimize the volume of cut and fill, the number of removed trees six inches caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution.
2.
Maximize accessibility and pedestrian and vehicular safety, both on the site and accessing and exiting the site.
3.
Minimize obstruction of scenic views from publicly accessible locations.
4.
Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned.
5.
Minimize glare from headlights, minimize light glare into the night sky, and minimize overspill into adjacent properties.
6.
Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places.
7.
Minimize contamination of groundwater from on-site waste-water disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances.
8.
Ensure compliance with the provisions of this Zoning Bylaw, including parking and landscaping.
10.5.6.
Lapse. Site plan approval shall lapse after one year from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Board upon the written request of the applicant.
10.5.7.
Regulations. The Board may adopt reasonable regulations for the administration of site plan review.
10.5.8.
Fee. The Board may adopt reasonable administrative fees and technical review fees for site plan review.
10.5.9.
Appeal. Any decision of the Board pursuant to this section shall be appealed in accordance with MGL c. 40A, § 17 to a court of competent jurisdiction.
10.6 Final unfavorable decisions.
No appeal, application or petition which has been unfavorably and finally acted upon by the special permit granting authority or the Board of Appeals shall be acted favorably upon within two years after the date of final unfavorable action unless said special permit granting authority or Board of Appeals finds, by a unanimous vote of a board of three members or by a vote of four members of a board of five members or two-thirds vote of a board of more than five members, specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the record of its proceedings, and unless all but one of the members of the Planning Board consents thereto and after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered. Any petition for a variance or application for a special permit which has been transmitted to the special permit granting authority or Board of Appeals may be withdrawn, without prejudice by the petitioner prior to the publication of the notice of a public hearing thereon, but thereafter be withdrawn without prejudice only with the approval of the special permit granting authority or the Board of Appeals.