6311.
Unless specifically designated otherwise, the Board of Appeals
shall act as the special permit granting authority (SPGA).
6312.
The SPGA shall not approve any application for a special permit
unless it finds that in its judgment all the following conditions
are met:
a.
The specific site is an appropriate location for such a use, structure
or condition;
b.
The use as developed will not adversely affect the neighborhood;
c.
There will be no nuisance or serious hazard to vehicles or pedestrians;
d.
Adequate and appropriate facilities will be provided for the proper
operation of the proposed use.
6313.
In approving a special permit, the SPGA may consider, but is
not limited to, the following:
a.
Requirement of street side or rear yards greater than the minimum
required by this bylaw.
b.
Requirement of screening of parking areas or other parts of the premises
from adjoining premises or from the street, by walls, fences, plantings
or other devices.
c.
Modification of the exterior features or appearance of the structure.
d.
Limitation of size, number of occupants, method or time of operation
or extent of facilities.
e.
Regulation of number, design and location of access drives or other
traffic features.
f.
Requirement of off-street parking or other special features beyond
the minimum required by this or other applicable bylaws.
g.
Adequacy of method of sewage disposal, source of drinking water and
drainage.
h.
Requirements to ensure the adequacy of utilities and other public
services.
i.
Measures to minimize adverse impacts on public and private water
supplies.
j.
If within Business District D, the extent to which buildings exceeding
the gross floor area and footprint limitations of Subsection 2466,
satisfy the requirements, design requirements, and performance standards
of Subsections 2327, 2328, and 2329 in a manner comparable to buildings
permitted by Subsections 2322 and 2323.
k.
If within the Surface Water Resource Protection District, measures
to minimize cumulative impacts on Lake Massapoag and its tributary
streams, including consideration of nitrate-nitrogen loadings and
other chemicals as specified by state and federal regulations for
surface water.
l.
If within the Groundwater Resource Protection District, measures
to minimize cumulative impacts on municipal water supplies, including
consideration of nitrate-nitrogen loadings and other chemicals as
specified by state and federal regulations for drinking water.
m.
If within Professional Districts, potential risk in terms of health
and safety, including without limitation biohazards and risk related
to behavioral characteristics of patients.
n.
Requirement for inspection and monitoring of any condition of the
special permit in order to determine compliance with the terms of
the special permit.
o.
For special permits under Subsection 4535, the adequacy of proposed
method and supporting evidence of the ability to recharge, on-site,
any increase in the volume of runoff from an impervious area, and/or
the adequacy of proposed method and supporting evidence to recharge
the underlying groundwater deposit and minimize sedimentation of surface
water.
6314.
The SPGA may, after a hearing and a finding of violation of
any limitations or conditions in the special permit or any misuse
of the terms of the permit, withdraw the same, after which the use
shall be discontinued.
6315.
Special permits shall only be issued following public hearings
within 65 days after filing with the SPGA an application, a copy of
which shall forthwith be given to the Town Clerk by the applicant.
6316.
Special permits shall expire if a substantial use thereof or
construction has not begun, except for good cause, within 24 months
(exclusive of time required to pursue or await the determination of
an appeal referred to in MGL c. 40A, § 17) from the grant
thereof.
6321.
Approved site plan. In all instances where site plan approval
is required, no building or structure shall be erected, moved or externally
enlarged and no area for parking, loading or vehicular services (including
driveways giving access thereto) shall be established or changed,
except in conformity with a duly endorsed site plan.
6322.
Board of Appeals. Unless specifically designated otherwise,
the Board of Appeals is authorized to grant site plan approval. Site
plan review is a tiered process which provides additional requirements
for larger projects which have greater potential to cause significant
impacts. Site plan review requirements are as follows:
6323.
Applicability. Site plan approval under the requirements of
this subsection is required in the following cases:
a.
Site plan review (SPR) is required for the following projects listed
below, provided that the Board of Appeals may waive site plan review
for minor changes to existing facilities:
(1)
In Business District B, for projects exceeding 10 acres;
(2)
In the Light Industrial District, for projects exceeding either
60,000 square feet of gross floor area or three acres of land disturbance
and for any motel, hotel or motor truck sales and service facility,
regardless of floor area or land disturbance;
(3)
In Business Districts A and C, site plan review for projects
shall be subject to Subsection 6330, using the review criteria established
in Subsection 6335;
(4)
In Professional Districts, for all projects other than one single-family
residence on a lot.
b.
Major site plan review (MSPR) is required for the following projects:
c.
Coordinated review is required under the Stormwater Discharges Generated
by Construction Activity General Bylaw[1] in all districts for site plans that disturb in excess
of one acre of land. For the purposes of this subsection, the designation
"disturb" shall mean any land area which, according to the plan, will
be subject to any activity such as clearing, grading and excavating
that exposes soil, sand, rock, gravel or similar earth material.
6324.
Reports to the Board of Appeals. Within 10 days following receipt
of a duly submitted site plan, the Board of Appeals shall transmit
one copy thereof to the Design Review Committee, Planning Board, Board
of Health, and Conservation Commission. The Design Review Committee,
Planning Board, Board of Health, and Conservation Commission shall
investigate the case and report in writing their recommendations to
the Board of Appeals. The Design Review Committee, Planning Board,
Board of Health, and Conservation Commission may seek pertinent information
from other Town officials or boards and may request additional information
from the applicant. The Board of Appeals shall not take final action
on said plan until it has received a report thereon from the Design
Review Committee, Planning Board, Board of Health, and Conservation
Commission, or until 45 days have elapsed after receipt of such plan
without submission of a report thereon. In reaching its decision,
the Board of Appeals shall fully consider the recommendations set
forth in these reports and shall accord particular weight to reports
identifying significant adverse impacts that cannot be avoided, minimized,
or mitigated.
6325.
Consultants.
a.
To facilitate review of an application for a site plan, the Board
of Appeals may engage outside consultants in accordance with Subsection
6340.
b.
Consultants may be engaged to review any or all components of the
site plan submission or any off-site improvements proposed in conjunction
with the project. For projects requiring issuance of state or federal
permits, the Board of Appeals may select a peer review consultant
to review submissions to the state or federal agency and to represent
the Town before these agencies to protect the Town's interests.
6326.
Site plan review submissions. Applications for site plan review
(SPR) shall include the following:
a.
Applicants are encouraged to submit a sketch plan of proposed projects
prior to formal site plan submission.
b.
Site plan submissions shall be prepared by a multidisciplinary team.
The drawings shall be signed and sealed by a Massachusetts civil professional
engineer (PE), a Massachusetts professional land surveyor (PLS), and
a Massachusetts registered landscape architect (RLA).
c.
Site plans shall include a cover sheet, layout sheet, grading and
drainage sheet, traffic control sheet, landscaping sheet, lighting
sheet, photometric sheet, construction details sheet, a construction
phasing sheet, and a sedimentation and erosion control sheet.
d.
Site plans shall conform to the requirements of the Board with respect
to scale, dimensions, legend, form and preparation acceptable to the
Board. The Board may promulgate submission standards and requirements
for site plan submission. Site plans shall be drawn at a suitable
scale and layout shall be tied to the Mass State Coordinate System
and elevations shall be on North American Vertical Datum (NAVD 88).
e.
Existing conditions shall be based on an on-the-ground survey based
on fieldwork performed no more than two years prior to submission.
f.
Said site plan shall show, among other things, all existing and proposed
buildings and structures and their uses, means of building egress,
parking areas, access drives, loading areas, refuse and other waste
disposal facilities and dumpsters, driveway openings, driveways, service
areas and all other open space areas, zoning summary table, accessible
parking spaces, and accessible routes.
g.
Existing and proposed grading shall be shown with one-foot contours
and spot grades. Earthwork quantities, geotechnical investigations,
and foundation engineering reports shall be provided as required by
the Board of Appeals.
h.
Site plans shall show all facilities for sanitary sewer collection
systems, wastewater treatment systems, stormwater management systems,
stormwater collection systems, water storage and supply systems, fire
protection systems, site lighting, lighting and pole details, lighting
photometric, and cable utility systems.
i.
Site plans shall include landscape plan and detail sheets showing
all hardscape and planting elements. Site lighting fixture locations
shall be shown for coordination purposes. Use of native plant materials
is encouraged. Plants included on the Massachusetts Department of
Agriculture's Massachusetts Prohibited Plant List shall not be used.
The drawings shall show the quantity, location, species, and height
or caliper of all trees and shrubs and the species, size, and quantity
of all groundcovers. Construction details shall be provided for all
structures and hardscape elements, and planting details shall be provided
for coniferous and deciduous trees and shrubs of each size.
j.
Drainage calculations and a narrative report shall be submitted detailing
runoff under existing predeveloped conditions and under future post-development
conditions and should identify changes in the peak rate and total
volume of stormwater runoff for the one-, two-, ten-, twenty-five-,
and one-hundred-year-frequency storm events.
k.
Architectural plans and elevations for all structures shall be submitted,
signed and sealed by a Massachusetts registered architect (RA).
l.
A complete sign package shall be submitted, including all advertising
and way-finding signage. All wall signs and freestanding signs shall
be shown. Sign plans and details shall show locations, dimensions,
colors, materials, finishes, methods of illumination and illumination
levels, and methods of structural support.
m.
In addition, the Board of Appeals will establish a "scope" detailing
the design, fiscal, environmental, and community issues to be evaluated
based upon the likely impacts of the proposed project. In establishing
the scope, the Board shall consider the comments of Town boards and
officials having special expertise in the issues being evaluated.
The scope of each study shall be proportional to the significance
of related impacts on the site and Town.
6327.
Major site plan review submissions.
a.
Applications for major site plan review (MSPR) shall include all
requirements of Subsection 6326. In addition, the Board of Appeals
will establish a "scope" detailing the design, fiscal, environmental,
and community issues to be evaluated based upon the likely impacts
of the proposed project. In establishing the scope, the Board shall
consider the comments of Town boards and officials having special
expertise in the issues being evaluated and the review thresholds
set forth below. The scope of each study shall be proportional to
the significance of related impacts on the site and Town.
b.
Traffic studies, if required, shall conform to the EOEA/EOTC Guidelines
EIR/EIS Traffic Impact Assessment (1989). The traffic study area (TSA)
shall be established by the Board of Appeals. Traffic shall be evaluated
for the "existing case," the "no-build plus five-year case," and for
the "build plus five-year case." The "no-build plus five-year case"
is defined as conditions existing five years following issuance of
all required approvals under this bylaw, including required site plan
approval, special permit, or variance, excluding project-generated
traffic. The "build plus five-year case" is defined as conditions
existing with full build out and occupancy of the project five years
following issuance of all required approvals under this bylaw, including
required site plan approval, special permit, or variance, including
all project-generated traffic. The level of service shall be determined
in accordance with the Transportation Research Board's Highway Capacity
Manual. Trips shall be distributed and traffic assigned to specific
facilities using origins and destinations set forth in a market study
prepared for the project. In the absence of a market study, the Board
of Appeals may require that a market study be submitted or may require
that origins and destinations be established through a gravity model.
c.
Review thresholds. In establishing the scope, the Board of Appeals
shall consider the following:
(1)
For projects generating more than 3,000 vehicle trips per day,
the traffic study area (TSA) shall encompass all intersections within
3,000 feet of the project boundary.
(2)
For projects generating more than 1,000 vehicle trips per day,
the traffic study area (TSA) shall encompass all major intersections
whose peak-hour traffic volumes are increased by 200 or more vehicle
trips per day or whose peak-hour traffic volumes are increased by
10% or more, and such other locations included in the scope established
by the Board of Appeals.
(3)
For projects generating more than 3,000 vehicle trips per day,
plans for roadway and intersection upgrades for all roadway segments
and intersections within the traffic study area as defined in Paragraph
(1) shall be provided that are sufficient to provide Level of Service
D or better under the "build plus five-year case" for the AM peak
hour, the PM peak hour, and the Saturday peak hour.
(4)
Construction impacts and truck traffic shall be provided for
sites disturbing over five acres.
(5)
Acoustical studies shall be provided where rooftop mechanical
equipment is proposed or where the proposed use will generate noise
when said building or use is within 500 feet of residences.
(6)
Air quality studies shall be provided where intersections in
the traffic study area will operate at Level of Service E or F.
(7)
Groundwater flow, including geohydro models and aquifer recharge
studies, where on-site wastewater disposal exceeds 5,000 gallons per
day or where more than 40,000 square feet of impervious material will
be placed within a Water Resource Protection District.
(8)
Visual quality and aesthetic studies shall be provided for projects
exceeding 60,000 square feet of gross floor area.
(9)
Fiscal impact and property tax studies shall be provided for
projects exceeding 60,000 square feet of gross floor area.
(10)
Infrastructure studies shall be provided for projects exceeding
60,000 square feet of gross floor area.
6328.
Criteria. In determining whether site plan approval should be
granted, the Board should consider the following:
a.
The extent to which the site plan protects adjoining premises and
on-site residential uses against any possible detrimental or offensive
uses on the site, including unsightly or obnoxious appearance;
b.
The extent to which the site plan provides convenient and safe vehicular
and pedestrian movement within the site, and in relation to adjacent
street, property or improvements;
c.
The extent to which the site plan provides adequate methods of disposal
for sewage, refuse or other wastes resulting from the uses permitted
or permissible on the site, the methods of drainage for surface water,
and of provisions for the removal of snow from circulation and parking
areas;
d.
The extent to which the site plan provides adequate parking and street
loading facilities;
e.
The extent to which the site plan promotes public safety in terms
of adequate fire and police protection and access.
f.
If within the Surface Water Resource Protection District, the extent
to which the site plan incorporates measures to minimize cumulative
impacts on Lake Massapoag and its tributary streams, including consideration
of nitrate-nitrogen loadings. All related information shall be provided
and distributed by the applicant.
g.
If within the Groundwater Resource Protection District, the extent
to which the site plan incorporates measures to minimize cumulative
impacts on municipal water supplies, including consideration of nitrate-nitrogen
loadings. All related information shall be provided and distributed
by the applicant.
h.
If within Water Resource Protection Districts, the extent to which
earthwork minimizes impacts on groundwater resources.
6329.
Additional criteria for Business District D.
a.
The extent to which the site plan fulfills the objective of the Business
District D to provide a New England village style development accommodating
retail, office and uses otherwise permitted within freestanding residential-scale
structures.
b.
The extent to which proposed structures reflect New England's architectural
heritage.
c.
The extent to which nearby buildings have distinct but harmonious
architectural elements.
d.
The extent to which the site plan provides grouped buildings that
are visually distinct and separate.
e.
The extent to which high-quality landscape elements and amenities
are provided within the public open spaces within building groups.
f.
The extent to which each parking field is visually distinct and the
extent to which unbroken and monotonous expanses of pavement are avoided.
g.
The extent to which roadways serving the site conform to collector
street standards.
h.
The extent to which annual recharge for the "build case" exceeds
annual recharge for the "existing case."
i.
The extent to which peak-hour levels of service at intersections
within the traffic study area operate at Level of Service D or higher
under the "build plus five-year case."
j.
The extent to which on-site wastewater treatment allows groundwater
to meet Massachusetts drinking water standards at the property line.
k.
The extent to which rooftop mechanical equipment shall be visually
screened and acoustically buffered and to which day-night average
sound levels caused by this equipment do not exceed 55 dB at the property
line.
l.
The extent to which drive-through facilities conform to the design
requirements of Subsection 2328.
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Projects requiring low-impact site plan approval. Unless a site
plan has been endorsed by the Planning Board, no building permit shall
be issued in the Business A or the Business C District for:
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a.
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The construction, reconstruction, addition, exterior alteration,
or change in use of any structure, other than a single- or two-family
dwelling, for uses permitted by right or by special permit as identified
in Subsection 2323; or
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b.
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The construction, reconstruction, addition, exterior alteration,
or change in use of any structure for uses permitted by special permit
as identified in Subsection 2326.
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The Planning Board will establish a two-tier review process.
In the opinion of the Planning Board, projects which meet a checklist
of criteria adopted by the Planning Board in its rules and regulations
as part of the Post Office Square Design Guidelines shall be approved
within 21 days, subject to Board of Health approval, if such approval
is required for the project, and referred to the Building Department.
In the opinion of the Planning Board, projects which do not meet this
checklist will be reviewed and a decision filed within 45 days of
the determination that further review is required. Such guidelines
may be adopted and/or amended from time to time by the Planning Board
and are incorporated in this bylaw by reference. Any project including
new construction, reconstruction, addition, exterior alteration or
change in use that requires (prior to any reductions under Subsection
3111) 20 or more parking spaces on one lot or in one shared parking
area shall be subject to the extended review process as set forth
above and in Subsection 6334. Any project including new construction,
reconstruction, addition, exterior alteration or change in use that
requires (prior to any reductions under Subsection 3111) fewer than
20 parking spaces on one lot or in one shared parking area shall be
subject only to the twenty-one-day review process.
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Any alterations or improvements generated in compliance with
the Americans with Disabilities Act shall be exempt.
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6331.
Purpose. The purpose of this bylaw, in addition to and not in limitation of the purposes set forth in Article I, is to assist owners, tenants and designers of buildings in the Town Center in strengthening the social and economic base, to make the district an attractive place in which to live, visit, work and shop, to preserve property values, to prevent alterations or additions that are incompatible with the Town Center village vision portrayed in supporting guidelines, and to enhance the provision of safe and adequate circulation, parking utilities and drainage.
6332.
SElecApplication. Each application for site plan approval shall
be submitted at a meeting of the Planning Board by the current owner
of record, or such persons authorized in writing to act on behalf
of such owner, accompanied by 10 copies of the site plan and 10 copies
of the elevation plan. For projects which the Planning Board will
review within the extended forty-five-day time period, the Board will
transmit, within five days, one copy each to the Building Inspector,
Board of Health, Conservation Commission, Select Board, Department
of Public Works, Fire Department, Police Department, Sign Committee,
and Historic District Commission.
6333.
Required site plan contents. All site plans shall be prepared
by a registered architect, landscape architect, or professional engineer
unless this requirement is waived by the Planning Board because of
unusually simple circumstances. All site plans shall be prepared at
a scale established with the Planning Board in the above-referenced
guidelines and adequate to show those items enumerated in Subsection
6326 as well as the adequacy of fire and police protection and access.
Elevation plans shall be prepared showing the part or portions of
the structure visible from the street that provide the lot's frontage,
showing the relationship of the structure to the structures on the
lots on either side. The submission of site and building elevation
plans shall be subject to such further rules relating to scale, dimensions,
legend, form and preparation as may from time to time be promulgated
by the Planning Board.
6334.
Procedures for site plan review.
a.
The Planning Board shall, within 21 days of the submission, determine
if the criteria in the Post Office Square Design Guidelines have been
met and that further review is not required or that extended review
within an additional forty-five-day time period is required. If extended
review is required, the Planning Board shall refer copies of the application
and plans to those agencies and boards identified in Subsection 6332,
who shall review the application and submit their recommendations
and comments to the Planning Board. Failure of the boards to make
recommendations within 21 days of the referral of the application
shall be deemed to be lack of opposition.
b.
The Planning Board, after due consideration, shall take final action,
consistent with Subsection 6336, within 45 days of its determination
under Paragraph a of this Subsection 6334 unless the Planning Board
determines an extension is necessary to provide an adequate review.
Where special permits are required, the Planning Board and the Board
of Appeals may start their process at the same time. The Planning
Board will forward its determination to the Board of Appeals, which
may incorporate the Planning Board's decision into its decision.
6335.
Site plan review criteria. The site plan review criteria to
be applied for projects located within the Business A or the Business
C District are summarized below and are portrayed in the Post Office
Square Design Guidelines.
a.
Site design and its relation to the neighborhood. Buildings should
be located to establish a uniform streetscape and to ensure that drives,
parking areas, walks, service and septic uses have a functional, safe,
and harmonious interrelationship, are compatible with the existing
site features and adjacent buildings, and establish common public
areas for circulation and seating. The plan should protect adjoining
premises and on-site residential uses against any possible detrimental
design or site plan features. If within the Groundwater Resource Protection
District, all related information should be provided and distributed
by the applicant identifying measures to minimize cumulative impacts
on municipal water supplies, including consideration of nitrate-nitrogen
loadings.
b.
Building and facade design. Buildings should relate in scale and
design features to the surrounding buildings as well as to their location
at corners or along view corridors. Design which is compatible with
the promotion of architecture of a traditional New England village
downtown business district should be encouraged through the use of
appropriate building materials, breaks in roof and wall lines, differentiation
between ground-floor commercial and upper-floor residential uses.
c.
Parking, loading, auto service uses. The plan shall maximize the
convenience and safety of vehicular and pedestrian movement within
the site and in relation to adjacent ways. Where appropriate, a traffic
study will be undertaken to estimate average daily and peak-hour vehicle
trips to be generated by the site and traffic flow patterns for vehicles
and pedestrians showing adequate access to and from the site, adequate
circulation, and provision for off-street loading and unloading of
vehicles, goods, products, materials and equipment incidental to the
normal operation of the establishment or use within the site.
d.
Landscaping, buffers, fencing, paving, lighting. The plan shall identify
landscaping which is complementary to the scale and location of the
building and its relationship to the street and adjacent structures.
Lighting, screening, paving materials should reinforce a New England
village theme.
e.
Signs. The plan shall create a sign that is appropriate in relation
to development scale, and should serve to enhance architectural elements
of the building. The sign design, materials and placement should provide
continuity with signage from neighboring structures, and should reinforce
that of a New England village theme.
6336.
Final action. The Planning Board's final action shall consist
of either:
a.
A determination that the proposed project is in compliance with the
criteria set forth in this bylaw;
b.
A denial for submission of incomplete information or for not having
met the standards established for site plan review;
c.
Approval subject to any conditions, modifications, and restrictions
as the Planning Board may deem necessary, consistent with the provisions
of this bylaw.
6337.
Enforcement and implementation.
a.
Any site plan approval issued under this section shall lapse within
one year if substantial construction thereof has not commenced sooner,
except upon application within one year and for good cause shown.
Such time period may be extended by the Planning Board for one year.
b.
The Planning Board may periodically adopt or amend rules and regulations
relating to the procedures and administration of this for the Post
Office Square Design Guidelines.
6341.
Consultants. In the course of exercising its powers under this
bylaw, the Board of Appeals may engage outside consultants for peer
review of submissions or for construction observation. Consultants
are selected by majority vote of the Board of Appeals. To the extent
practicable, the Board shall work cooperatively with the applicant
and, when appropriate, shall seek input from the Planning Board, Board
of Health, and Conservation Commission with respect to identifying
appropriate consultants. Applicants are responsible for payment of
consultant fees.
6342.
Review fees.
a.
Applicants shall reimburse the Town for the fees and expenses of
outside consultants engaged by the Board of Appeals. Fees shall be
paid prior to inception of each phase of the work. Escrow accounts
shall be replenished within seven days following receipt of notice.
Failure to pay fees in accordance with the aforesaid shall be deemed
to constitute withdrawal of the project. Fees shall be deposited in
a special account established by the Town Treasurer pursuant to MGL
c. 44, § 53G.
b.
These funds may be expended only for the purposes described in Subsection
6341 above, and in compliance with the Uniform Procurement Act, MGL
c. 30B, §§ 1 through 20. Within 30 days of completion
of the project or of withdrawal of the proposal, applicants shall
receive a final report of funds in the special account and shall be
paid any unspent excess in the account, including accrued interest.
The Town Accountant shall submit annually a report of the special
account to the Select Board and Town Administrator for review and
for publication in the Sharon Annual Report.
c.
Review-related fees will only be imposed if the work constitutes
peer review of materials prepared on behalf of the applicant and not
of independent studies performed on behalf of the Board; if the work
is performed in connection with the applicant's specific projects;
and if the findings and reports are made part of the public record.
d.
Procurement of outside consultant services shall comply with the
Uniform Procurement Act, MGL c. 30B, §§ 1 through 20,
and with the following additional requirements:
(1)
The applicant shall be given five days' notice and opportunity
to attach written comments to the invitation for bids or request for
proposals;
(2)
At least three bona fide bids or proposals shall be solicited;
and
(3)
The applicant shall be given five days' notice and opportunity
to comment on all bids or proposals prior to the selection of the
consultant and the award of a contract.
e.
Consultants shall be qualified and, where applicable, duly licensed
to evaluate specific issues before the Board. Bona fide bids or proposals
shall include: the name of each person performing the work; the educational
and professional credentials of each person performing the work; the
work experience of each person performing the work; a description
of the work to be performed; the hourly rate charged by each person
performing the work; and all other expenses to be incurred. Any invitation
for bids or request for proposals shall indicate that award of the
contract is contingent upon payment of a review fee. If the applicant
fails to pay the review fee within 10 days of receiving written notification
of selection of a bidder or offer, the Board may deny the application.
f.
Fees assessed pursuant to this section shall be reasonable in light
of: the complexity of the proposed project as a whole; the complexity
of particular technical issues; the number of housing units proposed;
the size and character of the site; the projected construction costs;
and fees charged by similar consultants in the area. Generally, fees
will not exceed amounts that would be expended by the Town to review
a comparable project.
6343.
Appeal of selection. Prior to paying the review fee, applicants
may appeal selection of a particular consultant to the Select Board.
The grounds for such an appeal shall be limited to claims that the
consultant selected has a conflict of interest or does not possess
the minimum required qualifications. The minimum qualifications shall
consist either of an educational degree in or related to the field
at issue or three or more years of practice in the field at issue
or a related field. The required time limits for action upon the application
by the Board shall be extended by the duration of the appeal. In the
event that no decision is made by the Select Board within one month
following the filing of the appeal, the selection made by the Board
shall stand.
