Every application for action by the Board, including appeals from decisions of the Inspector of Buildings and petitions for variances and special permits, shall be made on the official form of the Zoning Board of Appeals, which shall be furnished by the Town Clerk or the Permits Manager upon request. Any communication purporting to be an application shall be treated as merely advisory, and no notice shall be deemed to have been given until such time as it is made on the official application form and filed with the Town Clerk and the Permits Manager. Information called for by the form shall be furnished by the applicant in the manner therein prescribed at the time of application. The application forms shall be considered part of these rules and regulations.
Every application shall be filed with both the Town Clerk and the Permits Manager. The Permits Manager shall forthwith transit a copy of the application, certified by the Town Clerk, to the Board of Appeals. The Permits Manager, who acts as agent for the Board of Appeals, shall indicate the date on which the application was received and transmit a copy of the dated application to the applicant. The date of receipt as indicated by the Permits Manager shall be considered to be the date on which the application has been filed with the Board of Appeals. It shall be the responsibility of the applicant to furnish all supporting documentation with the application, and the dated copy received from the Permits Manager does not absolve the applicant from this responsibility, and lack of required information may result in denial of application.
A. 
Filing and submittal requirements.
(1) 
The completed application form, certified by the Town Clerk, shall be accompanied by seven copies of a site plan. All site plans shall be prepared to scale and shall, at a minimum, accurately show the following information if applicable. NOTE: Large projects must be of a scale determined by the Planning Department and Inspector of Buildings.
(a) 
A locus map.
(b) 
Plans shall be submitted on 8 1/2 by 11 inch or 11 inch by 17 inch paper, drawn at a scale of one inch equals 40 feet.
(c) 
The locations and boundaries of the lot, adjacent streets or ways, with names, and the location and owner's names of all abutting properties, with North point, zoning district(s), graphic scale, date of plan, and name of applicant, designer and surveyor.
(d) 
Existing and proposed topography, including contours, the location of wetlands, streams, water bodies, drainage swales, areas subject to flooding, and unique natural land features.
(e) 
Existing and proposed structures, including dimensions; existing structures in black and proposed structures in another color.
(f) 
The location of parking and loading areas, driveways, walkways, access and egress points and distance to the nearest driveways and intersections.
(g) 
The location and description of all proposed septic systems, water supply, storm drainage systems, utilities, lighting, and refuse and other waste disposal methods.
(h) 
Proposed landscape features, including the location and a description of screening, fencing and plantings.
(i) 
The locations, dimensions, height and characteristics of proposed signs.
(j) 
The location and a description of proposed open space or recreation areas.
(2) 
The applicant shall also submit the following information:
(a) 
Measures to prevent pollution of surface water and groundwater, increased runoff, changes in groundwater levels, and flooding.
(b) 
Design features which will integrate the proposed development into the existing landscape, maintain neighborhood character, enhance aesthetic assets and screen objectionable features from neighbors and roadways.
(c) 
Control measures to prevent erosion and sedimentation during and after construction and the sequence of grading and construction activities, location of temporary control measures, and final stabilization of the site.
(d) 
Estimated average daily and peak-hour vehicle trips to be generated by the site and traffic flow patterns for both vehicles and pedestrians, showing adequate access to and from the site and adequate circulation within the site.
(3) 
Failure to comply with these requirements may result in a dismissal of an application as incomplete. The Zoning Board of Appeals may require further information to be shown on the plan if deemed necessary for a complete review of the proposed project. In addition, an application for a special permit shall contain all other information required by the Greenfield Zoning Ordinance. The Zoning Board of Appeals shall have the authority to alter or waive these requirements as it deems necessary or appropriate in particular cases.
B. 
Fees. All applications for a special permit shall be accompanied by cash or certified check, payable to the Town of Greenfield, in an amount as set by the fee schedule approved by the Zoning Board of Appeals. The applicant shall also be responsible for the cost of advertising and notice of the public hearing.[1]
[1]
Editor's Note: Amended during codification.
C. 
Fees for outside consultants. In addition to the fees payable pursuant to Subsection B, the applicant shall pay the reasonable fees for the employment of outside consultants who, in the discretion of the Zoning Board of Appeals, are necessary to provide guidance on a specific project. The appointment of such an outside consultant shall be subject to the right of appeal by an applicant pursuant to the provisions of MGL c. 44, § 53G. The funds received for outside consultants shall be deposited in a special account and shall be expended by a majority vote of the Zoning Board of Appeals without further appropriation and shall be subject to such other provisions contained in said MGL c. 44, § 53G. The payment of fees for such outside consultants shall be made by the applicant prior to the vote by the Zoning Board of Appeals to approve or disapprove a project.
D. 
Abutters list. Each application for a special permit shall be accompanied by a list of all names and addresses of landowners within 300 feet of the property line of the subject property, and landowners directly opposite on any public or private street, as well as abutting towns. Names and addresses shall be in label format and shall be listed as they appear on the most recent applicable tax list.[2]
[2]
Editor's Note: Amended during codification.
A. 
A public hearing on an application for a special permit shall be held within 65 days of filing the application with the Town Clerk. A public hearing for a variance shall be held within 75 days of the application date, with a decision filed with the Town Clerk within 14 days of decision.
B. 
Hearings to be public. All hearings shall be open to the public. No person shall be excluded unless considered by the Chairperson to be a "serious hindrance" to the workings of the Board.
C. 
Representation and absence. An applicant may appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of an applicant, the Board may decide on the matter using the information it has otherwise received.
D. 
Order of business:
(1) 
Reading of petition and legal notices, if any.
(2) 
Applicant's presentation, together with presentation of exhibits.
(3) 
Questioning by Board.
(4) 
Opponent's presentation, if any, and questions by those seeking information.
(5) 
Applicant's rebuttal, restricted to matters raised by opponent's presentation and/or Board's questions.
E. 
Members of the Board may direct questions at any point during the public hearing.
A. 
Decisions. A decision on a special permit shall be filed with the Town Clerk within 90 days after the initial public hearing. The required time limits for a public hearing and decision may be extended by written agreement between the petitioner and the Zoning Board of Appeals. Failure of the Zoning Board of Appeals to take action within 90 days or extended time shall be deemed to be a grant of the special permit.
B. 
Voting requirements and records. A special permit or variance decision shall require a concurring vote of four members of the five-member Zoning Board, and each member who is sitting must record either "yes" or "no." The record shall also show if a member is absent. The Board shall also clearly set forth the reasons for its decision. The detailed record of the proceedings, including the decision, the vote on the decision, and the reasons for the decision shall be filed with the Town Clerk within 14 days of the decision. A notice of such decision shall be mailed forthwith to the petitioner, to all parties to whom notice of the hearings was mailed, and to every person present at the hearing who requested a notice to be sent and stated the address to which such notice was to be sent, the Planning Board, and, where applicable, to the Board of Health, the Conservation Commission, and other Town boards or departments. Each notice shall specify that appeals, if any, shall be pursuant to MGL c. 40A, § 17, and shall be filed within 20 days after the date of filing such notice with the Town Clerk.
Any application for a special permit may be withdrawn without prejudice by notice in writing to the Zoning Board of Appeals, with a copy to the Town Clerk, prior to the publication of the public hearing notice by the Board. Requests to withdraw without prejudice after publication of the public hearing notice may be granted by a majority vote of the Board upon written request from the applicant.
Once a decision has been voted upon and the meeting adjourned there shall be no reconsideration of a decision by the Board, unless remanded by the court.
Variances must be exercised within one year of decision if the Zoning Board of Appeals has not, upon request, extended the variance for six months. Special permits shall expire within two years of approval, if a substantial use thereof or if construction has not commenced. An extension may be granted by the Board for the time period required to pursue or wait for the determination of an appeal under MGL c. 40A, § 17, or for other good cause.
No appeal, application or petition which has been unfavorably and finally acted upon by the Zoning Board shall be acted favorably upon within two years after the date of final unfavorable action unless the Board finds, by a vote of four members of the five-member Board, specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the record of its proceedings, and unless all but one of the members of the Planning Board consents thereto and after notice is given to parties of interest of the time and place of the proceedings when the question of such consent will be considered. The applicant shall be responsible for the cost of such notice.