No building shall be constructed, reconstructed or added to without a building permit having been issued by the Building Inspector. No permit shall be issued until all such construction, alteration, addition or the use thereof shall comply in all respects to the provisions of this bylaw or with a decision rendered by the Zoning Board of Appeals, nor unless or until the Town Board of Health has approved those features of such building or use which come under its jurisdiction.

Any application for such a permit shall be accompanied by a plan, drawn with sufficient accuracy to allow the Building Inspector to establish the conformity of such building or use with this bylaw, provided that in R-A Districts such plan shall only be required to include the area within 200 feet of the outside lines of the proposed structure. Such plan shall show the actual shape and dimensions of the lot to be built upon, the location, size and sill elevation above finished grade of all buildings or structures already on the lot, the location, size and sill elevation above finished grade of new buildings or structures to be constructed, together with the lines within which all buildings or structures are to be erected, the existing and intended use of each building or structure, the location of sewage disposal systems, provisions for necessary storm drainage, and such other information as may be necessary to provide for execution and enforcement of this bylaw. A record of all applications, plans, and permits shall be kept on file by the Building Inspector.

Where a lot, in accordance with the intensity regulations given in Table 1,[1] may contain only one dwelling, the Building Inspector may issue a permit for the building of a new dwelling prior to the removal of an existing dwelling, provided that at the same time said Building Inspector shall issue a nonrenewable permit for temporary occupancy of the existing dwelling for a period not to exceed six months, provided further that such existing dwelling be removed within nine months of the date of said permits, and that the new dwelling complies with all of the provisions of this bylaw.

Any violation of G.L. c. 131, § 40 (Wetlands Protection Act) shall prohibit the issuance of the building permit. If a building permit is in existence at the time of the violation, that permit will be rescinded until receipt of a certificate of compliance from the Conservation Commission.

If construction or operations under a building permit have not begun within six months from the date of issue of the permit, the permit is void. If the permit holder applies for a new permit, construction or operations must comply with any amendments that have come into effect since the date of issue of the voided permit. Construction under a building permit shall conform to any subsequent amendment of the bylaw unless construction is continued through to completion as continuously and expeditiously as is reasonable.

Special permit granting authority. Any board designated as special permit granting authority in this bylaw may hear and decide upon applications for special permits upon which such board is specifically authorized to act under this bylaw in accordance with the provisions of G.L. c. 40A, § 9.

Required hearing and notice. Special permits may be issued only following public hearings held within 65 days after filing of an application with the special permit granting authority. Notice of public hearing shall be given by the special permit granting authority by publication in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing and by posting such a notice in a conspicuous place in the Town Hall for a period of not less than 14 days before the day of such hearing, and by mailing it to "Parties In Interest" as provided in G.L. c. 40A, § 11, which include the Planning Board, and the Planning Board of every abutting municipality, the petitioner, abutters, owners of land directly opposite on any public or private street or way, and the owners of land within 300 feet of the property line, all as they appear on the most recent applicable tax list, as certified by the Board of Assessors.

Review by other boards and agencies. The special permit granting authority, within 10 days after receipt of an application for a special permit, shall transmit, for review, copies thereof to the Board of Health, the Planning Board, the Select Board, the Conservation Commission, the Board of Water Commissioners of the Lanesborough Village Fire and Water District, the Zoning Board of Appeals and any other Town board or agency at the discretion of the special permit granting authority. All boards or agencies to which such application is referred for review shall make, in writing, to the special permit granting authority such recommendations as they deem appropriate. Failure of a board or agency to make such recommendation within 35 days of receipt by such board or agency of the application for review shall be deemed lack of opposition thereto.

Findings required. Before granting a special permit for any use requiring such permit under the provisions of this bylaw, the special permit granting authority shall find that the proposed use:

Conditions, safeguards and limitations. Special permits may be issued subject to such conditions, safeguards or limitations as the special permit granting authority may impose for the protection of neighboring uses or otherwise serving the purpose of this bylaw. Such conditions, safeguards or limitations may include, but are not limited to, the following:

Site plan required. Any application for a special permit in Zone B, LB, MR or I shall be accompanied by a site plan drawn to scale indicating the location, size and height of proposed buildings, site improvements, and containing such other information as may be required by the special permit granting authority.

Decisions and vote requirements. The special permit granting authority shall act within 90 days following the date of the public hearing. Failure to take final action upon an application for special permit within said 90 days shall be deemed to be a grant of the permit applied for. A special permit issued by a special permit granting authority shall require a two-thirds vote of boards with more than five members, a vote of at least four members of a five-member board and a unanimous vote of a three-member board.

Expiration of special permit. A special permit shall lapse in one year, which shall not include such time required to pursue or await the determination of an appeal as allowed by G.L. c. 40A, § 17, if a substantial use or construction has not begun under the permit by that date, except for a good cause.

Applicability. To assist in assuring compliance with the Zoning Bylaw, any development proposal to site plan approval shall be established, expanded, erected or externally altered only in conformity with a site plan approved by the Planning Board or other special permit granting authority (SPGA). The SPGA having jurisdiction in the event of a combined site plan approval and special permit hearing shall conduct the site plan approval. Site plan approval is required for the following activity occurring under a single building permit:

Ten copies of the site plan shall be submitted to the Planning Board. Where a site plan is required, the Building Inspector shall issue a building permit only on receipt of an approved site plan, and a certificate of occupancy shall not be issued until completion of all improvements and compliance with the approved site plan. Where appropriate, the Planning Board may waive any of the requirements for the site plan application.

Requirements. The site plan shall show information as needed to determine compliance with the Zoning Bylaw and shall be prepared by a registered professional engineer, land surveyor, architect, and/or landscape architect. All site plans shall be on standard 24 inches by 36 inches sheets and shall include the following:

The applicant shall provide written evidence from the Building Inspector, the Board of Health and the Conservation Commission that the proposed use is capable of complying with the bylaws, rules, and regulations and statutes within their jurisdiction.

In reviewing the site plan, the Planning Board shall consider the following criteria:

Procedure.