Williamstown City Zoning Code
ARTICLE VIII
Administration
§ 70-8.1 Administration and enforcement.
[Amended 5-19-2015 ATM, Art. 38; 5-17-2016, Art. 30]
The provisions of this chapter shall be administered and enforced as specified herein:
A.
Building permits. No building permit, as defined by the Massachusetts State Building Code, 780 CMR, shall be issued by the Building Commissioner without certification from the Planning Administrator that the construction, alteration, relocation, or change of use for which the permit is sought complies with the then applicable zoning and any applicable decisions from the SPGA or DPRA. Permit applications shall be accompanied by a description of the existing and proposed use of land or structures, a plan showing the dimensions of the development site and locations and dimensions of all existing and proposed structures and dimensions of yards, as well as other information that may be requested by the Planning Administrator. The Planning Administrator may waive the required submittals if the proposed work is of a minor nature.
B.
Occupancy certificates. A certificate of occupancy as defined by the Massachusetts State Building Code, 780 CMR, shall not be issued by the Building Commissioner without certification from the Planning Administrator that the then applicable zoning and any applicable decisions from the SPGA or DPRA are complied with. Issuance of a certificate of occupancy by the Building Commissioner, following certification from the Planning Administrator, shall serve as evidence of compliance with then applicable zoning.
C.
Violations and penalty. Violation shall be determined by the Planning Administrator by an investigation of the fact and inspection of the premises, after which he shall give notice thereof in writing to the owner or to his duly authorized agent and to the occupant of the premises, and shall order that any use of any premises contrary to the provisions of Chapter 70, Zoning, shall immediately cease. Whoever violates any provision of Chapter 70, Zoning, or any of the conditions under which a permit is issued by the Building Commissioner, following certification by the Planning Administrator, permission granted by the Board of Appeals, or any decision rendered by the SPGA, or DPRA, shall be liable to a fine as provided in the Noncriminal Disposition Bylaw[1] for each violation. Each day of violation after such written notice will be considered a separate offense. If, after such notice, the premises continue to be used in a manner contrary to the provisions of Chapter 70, Zoning, or if any such owner or occupant shall fail to obey any law, or if any such owner or occupant shall fail to obey any lawful order of the Planning Administrator in respect to any violation or use contrary to the provisions of this chapter, the Planning Administrator shall institute appropriate legal proceedings to enforce the provisions of this chapter or to restrain by injunction any violation thereof, or both.
D.
Request for enforcement. If the Planning Administrator is requested in writing to enforce the Zoning Bylaw against any person allegedly in violation thereof, and he declines to act, he shall notify, in writing, the party requesting such enforcement, informing them of any action or refusal to act, and the reasons therefor, within 14 days of receipt of such request.
§ 70-8.2 Development plan review.
A.
Applicability. A development proposal is subject to development plan review by the Development Plan Review Authority (DPRA) which shall be the Planning Board for all proposals which do not need a special permit, and the special permit granting authority (SPGA) for proposals which require special permits. A development plan review is required for development proposals which, under a single building permit, involve:
[Amended 5-18-2004 ATM, Art. 31]
(1)
Construction of a new nonresidential nonagricultural building, or an addition to such a building of 2,500 square feet or more gross floor area, or
(2)
Creation of, substantial alteration to, or addition to parking facilities resulting in 10 or more parking spaces, or
(3)
Removal of existing vegetative ground cover from more than 20,000 square feet of site area, unless for agricultural use, or
(4)
If the proposal is located in the Upland Conservation District.
(5)
Creation of, or substantial alteration to, a large-scale solar photovoltaic installation.
[Added 5-19-2015 ATM, Art. 39]
C.
Submittals. The following materials shall be submitted for development plan review, except any not germane to the specific case, as determined by the Planning Board and communicated to the applicant in writing prior to submittal:
(1)
Locus plan. A locus plan of the premises in question plus all land within 300 feet of the property boundaries must be submitted, showing streets, water bodies, property lines, property ownership, zoning district boundaries and use of land and any buildings thereon. Information compiled from Williamstown Assessor's maps is sufficient to satisfy this requirement. Abutters shall be notified in accordance with the procedures and requirements of Section 11, Chapter 40A, MGL for special permits, except for decision notice requirements.
[Amended 5-18-2004 ATM, Art. 29]
(2)
Site plan. A site plan prepared by a registered architect, landscape architect, professional engineer or other design professional must be submitted, showing the following:
(a)
Location and boundaries of the site and of any lots proposed, and indication of each zoning district involved.
(b)
Use and ownership of adjacent premises, approximate location of buildings within 50 feet of the site, and if the proposal entails on-site sewage disposal, the approximate location of any wells on or off the premises within 300 feet of the leaching field or other discharge location.
(c)
Existing and proposed buildings, streets, ways, drives, walks, service areas, parking spaces, loading areas, fences and screening, utilities, waste storage and disposal facilities, wells and drainage facilities.
(d)
Existing and proposed topography and vegetation, indicating areas of retained vegetation and identifying the location of any trees exceeding 24 inches trunk diameter 4 1/2 feet above grade if proposed for removal, and identifying size and species of trees and shrubs to be planted.
(e)
Indication of wetlands and other areas subject to control under the Wetlands Protection Act, and the one-hundred-foot zone surrounding such areas, identified through field survey acceptable to the Conservation Commission; Floodplain and Floodway boundaries; and analysis of potential impacts from stormwater runoff and erosion, with corresponding control measures.
[Amended 5-17-2011 ATM, Art. 34]
(f)
Location of signs and exterior lighting, and accompanying materials to describe those elements.
(3)
Building plans. Building floor plans and architectural elevations must be submitted. These plans must be prepared by a registered architect or engineer where so required by licensing law (generally for buildings exceeding 35,000 cubic feet) and, at the applicant's option, may be either schematic or construction drawings.
(4)
Documentation. Documentation must be submitted indicating that all required submittals have been made to other agencies, such as the Conservation Commission under the Wetlands Act, the Williamstown Department of Public Works for utility connections, the Massachusetts Department of Public Works for curb cut permits, the Board of Health or DEP for on-site disposal facilities and an ENF to EOEA for MEPA review.
[Amended 5-18-2004 ATM, Art. 31]
(5)
Additional requirements. Any additional studies or other materials required under Article V, Development Standards, and elsewhere in this chapter.
(6)
Review fee. A development plan review fee, as required under a schedule of fees to be established and from time to time amended by the Selectmen, based on the actual cost of review for applications.
D.
Procedure.
(1)
Initial review. Development plan materials shall be submitted to the Planning Administrator, who shall forthwith make a determination of whether those materials are complete, and if they are not, shall so notify the applicant. The Planning Administrator shall distribute copies of complete submittals to the DPW and Conservation Commission for their review and comment, together with notice of the date of the meeting at which the Planning Board will make its review. Those agencies shall report their comments on compliance to the Planning Board not later than the time of that meeting. Notice of the proposals to be reviewed shall be published in a local newspaper at least seven days prior to the date of review.
[Amended 5-19-2015 ATM, Art. 38; 5-17-2016 ATM, Art. 30]
(2)
Determinations. The Planning Board shall determine whether or not the development plan complies with the requirements of Article V, Development Standards, and § 70-6.1, Off-street parking, and shall notify the applicant, the Planning Administrator, and the Building Commissioner of its determination within 45 days of the time that complete materials have been received by the Planning Administrator. Failure of the Planning Board to act within 45 days shall be construed as determination of compliance, and the Planning Board shall forthwith make such endorsement on the submitted plans or, on its failure to do so, the Planning Administrator shall issue a certificate of constructive approval.
[Amended 5-19-2015 ATM, Art. 38; 5-17-2016 ATM, Art. 30]
(3)
Notice to Building Commissioner. The Planning Administrator shall notify the Building Commissioner of Planning Board action within seven days of the Board's endorsement and in the case of Board inaction, immediately following issuance of a certificate of constructive approval. The Building Commissioner's actions on any building permit application subject to these provisions shall be substantially consistent with determinations by the Planning Board.
[Amended 5-17-2016 ATM, Art. 30]
§ 70-8.3 Board of Appeals.
A.
Establishment. There shall be a Board of Appeals of five members, and three associate members, appointed as provided in MGL c. 40A, § 12.
[Amended 5-19-2009 ATM, Art. 34]
B.
Powers. The Board of Appeals shall have the following powers:
(1)
Deciding appeals. To hear and decide appeals taken by any person aggrieved by inability to obtain a permit or enforcement action from the Planning Administrator or by any person including an officer or board of the Town of Williamstown or of an abutting Town aggrieved by an order or decision of the Planning Administrator in violation of any provision of MGL c. 40A, or this chapter, in accordance with MGL c. 40A, § 8.
[Amended 5-17-2016 ATM, Art. 30]
(2)
Deciding petitions for variances. To hear and decide petitions for variances for relief of hardship, in accordance with MGL C. 40A, § 10.
(3)
Deciding special permits. To hear and decide applications for special permits as provided in this chapter in cases where the Board of Appeals is designated as special permit granting authority.
(4)
Deciding comprehensive permits. To hear and decide applications for comprehensive permits under the provisions of MGL C. 40B, §§ 20 - 23.
C.
Exercising powers. In exercising the powers granted by Subsection B, the Board of Appeals shall act in accordance with the provisions of MGL C. 40A, §§ 8, 9, 10, 11, 12, 14, 15 and 16, subject always to the rule that it shall give due consideration to promoting public health, safety, convenience and general welfare of the Town, and conserving property values, and that it shall permit no building or use injurious, noxious, offensive or detrimental to a neighborhood, and that it shall prescribe appropriate safeguards and conditions in each case, and in general that it shall act consistently with the purposes set out in Article I of this chapter.
[Amended 5-17-2011 ATM, Art. 35]
D.
Procedures. Procedures for matters before the Board of Appeals and not specified in MGL C. 40A, shall be as set forth in regulations adopted by the Board.
§ 70-8.4 Special permits.
A.
Special permit granting authority. Unless specified otherwise by this chapter, the Board of Appeals shall act as the special permit granting authority (SPGA).
B.
Special permit duration. A special permit shall lapse within one year, which shall not include such time required to pursue or await the determination of an appeal from the grant thereof, 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.
C.
Procedures and requirements.
(1)
When any body other than the Board of Appeals acts as a special permit granting authority, it shall follow the procedures and requirements of MGL C. 40A, § 9, as most recently amended.
(2)
At the time of application, the applicant shall submit documentation as required in the regulations of the SPGA, including documentation regarding each of the decision considerations below which are germane. The special permit granting authority shall refer such documentation to the Planning Board, Conservation Commission, Department of Public Works or other authorities, as appropriate, for technical review and comment.
(3)
Special permits requiring development plan review. At the time of the application, the applicant shall submit a development plan, in accordance with § 70-8.2B, and documentation and submittals regarding each of the special permit criteria below which are germane. The special permit granting authority shall review the special permit and development plan at the same hearing and determine compliance with the special permit criteria and development standards. Any special permit granted by the SPGA under this section shall include a finding that the proposed development plan complies with the applicable requirements of Article V, Development Standards, and § 70-6.1, Off-street parking. At least two weeks prior to the hearing, the special permit granting authority shall refer submittals to the Planning Board, Conservation Commission, Department of Public Works or other authorities as appropriate, for technical review and comment.
[Added 5-18-2004 ATM, Art. 31; amended 5-17-2011 ATM, Art. 35]
D.
Special permit criteria. The following shall be the basis for decisions on special permits, except as may be more specifically provided elsewhere in this chapter. Special permits shall be granted only if the special permit granting authority determines that the proposal's benefits to the Town will outweigh any adverse effects for the Town or the vicinity, after consideration of the following, among other things:
(1)
Location.
(a)
Providing adequate water, sewerage and drainage for this location should pose no unusual public problems, and preferably would not result in utility extension past undeveloped parcels.
(b)
The site should be able to accommodate the proposal without substantial environmental damage due to wetland loss, habitat disturbance, erosion, stormwater runoff, or damage to valuable trees or other natural assets.
[Amended 5-17-2011 ATM, Art. 34]
(c)
The use and location proposed should result in minimal risk to air, land or water resources because of planned processes or unplanned contingencies.
(d)
If economically viable alternatives exist, the use should not preempt land having special qualities suiting it for other uses, such as agriculture on prime agricultural soils or industry at rail-served locations.
(e)
Adjoining premises and the general neighborhood should not be negatively affected by impacts, including those cited below.
(2)
Activity type and mix. Residential proposals should serve housing needs of local residents, or broaden the diversity of housing available within the Town.
(3)
Visual consequences.
(a)
Views from public ways and developed properties should be considerately treated in the site arrangement and building design.
(b)
Visibility of parking and service areas from nearby public streets and, if located in a largely undeveloped context, visibility of the entire development from more distant points, should be minimized through site arrangement, use of tree cover and other means.
(c)
Departure from the architectural scale of buildings on abutting and nearby premises should be minimized, except where the departure would serve some community design purpose.
(4)
Access.
(a)
Access to the location should increase existing traffic (average daily, unless the Board of Appeals specifies otherwise) by no more than 10% at any point, taking into consideration any special access provisions committed (ride-sharing, etc.).
(b)
Pedestrian and vehicular movement to, from and within the site should be safe and convenient, and arranged so as not to disturb abutting properties.
(5)
Mitigation. Mitigation or, where that is inadequate, offsetting compensatory actions, should be used to ameliorate negative consequences for the vicinity or the Town.
(6)
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 chapter. Such conditions, safeguards or limitations may include, but are not limited to, the following:
[Amended 5-17-2011 ATM, Art. 35]
(a)
Front, side and rear yards greater than the minimum required by this chapter; screening buffers of planting strips, fences or walls as specified by the authority.
(b)
Limitations upon the size, number of occupants, method and time of operation, time duration of the permit, or extent of facilities.
(c)
Regulations of number and location of driveways, or other traffic features, and off-street parking or loading, or other special features beyond the minimum required by this chapter.
E.
Master planned developments. A master plan for development of premises comprising 10 or more acres may, at the owner's option, be submitted for special permit approval as a major development, to be acted on by the special permit granting authority otherwise having jurisdiction for the uses proposed in the plan. Following approval of such a plan, individual proposals on lots within those premises will not be subject to review for special permits, regardless of relationship to the floor area or dwelling unit thresholds of § 70-3, provided that the Planning Board, in performing development plan review, determines that the proposal is consistent with the approved master plan, which means:
[Amended 5-17-2011 ATM, Art. 35]
§ 70-8.5 Associate member of the Planning Board.
As authorized by MGL C. 40A, § 9, there shall be one associate member of the Planning Board. Such associate shall act on special permit applications, when the Planning Board is the special permit granting authority, when designated to do so by the Planning Board Chairman, in case of 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. The associate member shall be appointed for a three-year term by a majority of the Board of Selectmen.
§ 70-8.6 Amendment.
This chapter may from time to time be changed as provided by MGL C. 40A, § 5, as amended.
§ 70-8.7 Validity.
The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.
§ 70-8.8 Effective date.
This chapter, or any amendment thereto, shall take effect on the date on which such adoption or amendment is voted by the Town Meeting.