The following rules and regulations are adopted by the Great Barrington Zoning Board of Appeals under authority of and in compliance with MGL c. 40A, §§ 9 and 12, as amended, and Chapter 171, Zoning, of the Code of the Town of Great Barrington.
A.
The Zoning Board of Appeals shall consist of five members elected
by the voters so that the five-year terms of members expire sequentially
with one member elected at each Annual Town Election. In addition,
there shall be two associate members appointed jointly by the Board
of Selectmen and the Zoning Board of Appeals with the two-year terms
of such members expiring on alternating years.
B.
No person shall serve on the Planning Board and the Zoning Board
of Appeals at the same time.
A.
Elections. At the first meeting following the Annual Town Elections,
the members of the Board shall elect by majority vote all officers,
to include a Chairperson, Vice Chairperson and Clerk. Associate members
shall not participate in this act. All officers shall serve for one
year or until a successor is elected.
B.
Chairperson.
(1)
The Chairperson shall vote and be recorded on all matters coming
before the Board. Subject to these rules, he/she shall issue the call
for and preside at all meetings and hearings; decide all points of
order, unless overruled by a majority of the Board in session at the
time; prepare and submit all reports required by law; and appoint
such committees as may be found necessary or desirable.
(2)
In addition to powers granted by the General Laws or otherwise and
subject to these rules and further instructions of the Board, the
Chairperson shall transact the official business of the Board; supervise
the work of the Clerk; request necessary help; direct the work of
all subordinates; and exercise general supervisory power. At each
meeting, he/she shall report on all official transactions that have
not otherwise come to the attention of the Board.
C.
Vice Chairperson. The Vice Chairperson shall vote and be recorded
on all matters coming before the Board. He/she shall have such powers
and be charged with such duties as the Chairperson shall designate.
The Vice Chairperson shall act as Chairperson in case the Chairperson
is absent, disabled or otherwise unable to perform his/her duties.
D.
Clerk.
(1)
The Clerk shall vote and be recorded on all matters coming before
the Board. Subject to the direction of the Board and its Chairperson,
the Clerk shall supervise the clerical work of the Board, including:
all correspondence of the Board; receive and scrutinize all applications
for compliance with the rules of the Board; keep dockets and minutes
of the Board's proceedings; compile all required records, maintain
necessary files and indexes; mail all public hearing notices, notices
of decisions and copies of decisions as required by law; file all
records of proceedings and notices of decision; and call the roll
at Board meetings. The Board may hire a clerical secretary to carry
out some of the aforementioned duties, subject to approval by the
Board and its Chairperson.
(2)
If the Clerk is absent, disabled or otherwise unable to perform his/her
duties, the Chairperson or Vice Chairperson shall designate an Acting
Clerk. If both the Chairperson and Vice Chairperson are absent, the
Clerk shall act as Chairperson and appoint an Acting Clerk.
E.
Associate members. The Chairperson shall designate an associate member
to sit on the Board in case of the absence, inability to act or conflict
of interest on the part of any Board member. In the event of a vacancy
on the Board, the Chairperson may designate an associate member to
act as a member of the Board until someone is appointed to fill the
unexpired portion of the vacated term.
A.
Quorum.
B.
Regular meetings.
(1)
Regular meetings of the Board shall be held at such time and place
as designated on the required public notice, posted 48 hours in advance.
Meetings shall be held at the call of the Chairperson or at the request
of three elected members. All meetings shall be held in accordance
with the provisions of the Open Meeting Law, MGL c. 39, §§ 23A,
23B and 23C, as amended.
