[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.
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]
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.
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]
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.
This chapter may from time to time be changed
as provided by MGL C. 40A, § 5, as amended.
The invalidity of any section or provision of
this chapter shall not invalidate any other section or provision thereof.
This chapter, or any amendment thereto, shall
take effect on the date on which such adoption or amendment is voted
by the Town Meeting.
