Town of West Stockbridge, MA SECTION 6 Special Provisions

6.1 Nonconforming structures, uses and lots.

6.1.1 Exemptions. Except as herein provided this bylaw shall not apply to:

a. Structures and uses lawfully in existence prior to the effective date of this bylaw.

b. A structure lawfully begun under a building permit or special permit issued before the first publication of notice of the required public hearing by any special permit grant authorization on the applicable zoning bylaw or amendment.

c. The alteration, reconstruction, extension or structural change to a single-family or two-family dwelling, provided this does not increase the nonconforming nature of such structure.

d. The expansion or reconstruction of existing structures for the primary purpose of agriculture, horticulture or floriculture.

e. Nonconforming lots by separate deeds or records and lots shown on a plan endorsed by the Planning Board under the Subdivision Control Law are exempt from the provisions of this bylaw to the extent and as provided in MGL c. 40A, § 6.

6.1.2 Requirements for extension, reconstruction or change in use. The Board of Appeals may authorize by special permit any extension, alteration or reconstruction of a nonconforming structure to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent, provided that no such extension, alteration, reconstruction, or change in use shall be permitted unless the Board of Appeals finds:

a. That such change, extension, or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood; and

b. That such extended, altered, reconstructed structure or changed use shall not be in greater nonconformity with open space, yard, and off-street parking requirements of this bylaw.

6.1.3 Reconstruction of structure damaged by fire, explosion, or other catastrophe. A nonconforming structure damaged by fire, explosion, or any other catastrophe may be rebuilt, provided such rebuilding, reconstruction, or restoration shall be undertaken within two years of such catastrophe and the structure as rebuilt or restored shall not be in greater nonconformity with the provisions of this bylaw. Such rebuilt, reconstructed, or restored structure may be enlarged or changed in use in accordance with the provisions of Subsection 6.1.2 herein.

6.1.4 Maintenance, repair, and reconstruction of unsafe structure. Nothing in this bylaw shall be deemed to restrict the normal maintenance and repair of nonconforming structures or prevent reconstruction to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

6.1.5 Abandonment. Any nonconforming use which has been abandoned or not used for two years or more shall not be reestablished, except by special permit from the Board of Appeals, and any future use of such premises shall conform to the provisions of this bylaw.

6.1.6 Conditions, safeguards, and limitations. The Board of Appeals may impose reasonable conditions, safeguards or limitations on applications for special permits under this section, designed to lessen any possible adverse impact on adjacent uses or neighborhood, whenever a nonconforming use is authorized to enlarge, expand, extend, or convert to another nonconforming use under the provisions of this section.

6.1.7 Nonconforming lots; effect of taking. Any lot that is protected as a nonconforming lot shall not lose its protection and rights as a nonconforming lot solely because of a reduction in area as a result of any land being taken by eminent domain, or conveyed for a public purpose for which land could have been taken by eminent domain, unless the total area of said lot is reduced because of said taking by a percentage of more than 15%.

6.2 Off-street parking requirements.

[Amended 2-27-2017 STM by Art. 2]

6.2.1 Required parking minimums. After the effective date of this bylaw, off-street parking spaces shall be provided and maintained for every new structure, enlargement of an existing structure, the development of a new use or any change in an existing use, in accordance with the Table of Parking Minimums below.

Table of Parking Minimums
	Required Parking Spaces
Residential Uses
Single-family and two-family dwellings	1 space for each dwelling unit
Multifamily dwelling	1 space for each dwelling unit, plus adequate space for service and supply vehicles
Nonresidential Uses
Accessory home occupation, office or roadside stand	1 space in addition to the spaces required for the principal use
Antique or gift shop or art gallery	1 space per 400 square feet of gross floor area, plus 1 space per employee on an average-sized shift
Automobile service station or commercial garage	To be determined by the special permit granting authority (see Subsection 6.2.7) based upon the anticipated number of patrons and employees
Bank, retail business or consumer service establishment, unless specifically regulated	1 space per 250 square feet of gross floor area, plus 1 space per employee on an average-sized shift.
Commercial greenhouse, nursery, landscape gardening	1 space per 250 square feet of gross floor area of indoor sales space, plus 1 space per employee on an average-sized shift
Other nonresidential uses, unless specifically regulated in this table	To be determined by the special permit granting authority (see Subsection 6.2.7) based upon the anticipated number of patrons and employees
General office	1 space per 400 square feet of gross floor area
Hotel, motel or guesthouse	1 space for each sleeping room, plus 1 space per employee on an average-sized shift
Manufacturing, industrial, wholesale	1 parking space for each 2 employees, plus adequate space for customers, service and supply vehicles
Medical office	2 spaces per medical professional employed on-site, plus 1 space per employee (including medical professionals) on an average-sized shift
Mixed use	Sum of the parking spaces required for each use
Restaurant, theater, other places of assembly or amusement	1 space for each 3 seats, plus 1 space per employee on an average-sized shift

6.2.2 Reduction in minimum parking requirements.

a. If the required minimum number of off-street parking spaces for lots located in the VCOD, computed in accordance with Subsection 6.2.1 or other provisions in this bylaw, is seven or fewer, then the minimum number shall be reduced to zero.

b. The required minimum number of off-street parking spaces for lots may be reduced up to 50% by special permit where the SPGA (as determined by Subsection 6.2.7) finds that municipal parking spaces equal to the percent reduction requested are available within 300 feet of the lot.

c. The required minimum number of off-street parking spaces for lots may be reduced up to 50% by special permit where the SPGA (as determined by Subsection 6.2.7) finds that shared parking spaces equal to the percent reduction requested are available within 300 feet of the lot and the following criteria have been met:

1. The applicant must demonstrate that the uses served by the shared parking facility are not normally open, used or operated during similar hours and that sufficient parking is available to justify its requested percent reduction.

2. A written agreement establishing the shared use of a parking facility shall be submitted to and approved by the SPGA (as determined by Subsection 6.2.7) as part of the special permit application. The written agreement must state specifically the use or uses for which the off-street parking requirement exists. The approved agreement shall be recorded in the title of both properties in the Southern Berkshire District Registry of Deeds prior to the issuance of an occupancy permit for the project.

3. A party to the written shared parking agreement may only terminate the agreement after providing 90 days' written notice to the other party, the Building Commissioner and the board that issued the original shared parking special permit.

[Amended 5-9-2022 ATM by Art. 38]

4. The shared parking special permit shall automatically expire after 90 days from the date the notice of intent to terminate the shared parking agreement is received by the other party.

5. During this ninety-day period, the holder of the shared parking special permit shall make alternative arrangements to meet the applicable off-street parking requirements and submit an application to amend the special permit or for a new special permit.

6. A safe and convenient pedestrian connection exists between the site and the shared parking facility.

7. The availability of parking at the shared parking facility is indicated by directional signs as permitted by Section 6.7, Sign regulations.

d. A written shared parking agreement shall terminate automatically if there is a change in the use of the property requiring a greater number of parking spaces; notwithstanding the foregoing, it shall not terminate solely because of a change of use if the new use requires the same or a lesser number of parking spaces than the use to which the agreement applies.

e. The SPGA may require the applicant to provide a parking study or parking survey with all information deemed necessary to render a decision in Subsection 6.2.2.b.

f. The minimum number of required off-street parking spaces as set forth in Subsection 6.2.1 may be reduced by special permit from the Board of Appeals upon determination that special circumstances render a lesser provision adequate for the parking needs in any particular case. If a reduction in parking is made under this section based on the use of shared parking, the requirements for shared parking under Subsection 6.2.2.c above shall apply.

6.2.3 Off-street parking space dimensions. An area of 175 square feet of appropriate dimensions for the parking of an automobile, exclusive of drives or aisles, shall be considered as one off-street parking space.

6.2.4 Street access and maintenance. All required parking spaces shall be provided with unobstructed access to and from a street and shall be properly maintained in such a manner as to permit them to be used at all times.

6.2.5 Location and screening. Any parking area of more than five parking spaces shall not be located within the front, side or rear setbacks. Such parking area shall be suitably screened on any property line which abuts upon a residential district.

6.2.6 Drainage and surface material. All parking spaces shall be properly graded for drainage and topped with stone or oil and stone or an appropriate substitute approved by the SPGA (as determined by Subsection 6.2.7).

6.2.7 Designation of SPGA. If a special permit for the use of the property is requested, then the board designated as the SPGA for the use special permit shall be the SPGA for this section. If a special permit for the use of the property is not requested, then the Zoning Board of Appeals shall be the SPGA for this section.

6.3 Special permits.

6.3.1 Special permit granting authority. Any board designated as special permit granting authority in this bylaw may hear and decide applications for special permits upon which such board is specifically authorized to act under this bylaw in accordance with the provisions of MGL c. 40A, § 9.

6.3.2 Special permits may only be issued following public hearings held within 65 days after filing of an application with the special permit granting authority. Notice of public hearing shall be given by publication in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous place in the Town Hall for a period of not less than 14 days before the day of such hearing, and by mailing it to "parties in interest" as provided in MGL c. 40A, § 11, which include the petitioner, abutters, owners of land directly opposite on any public or private street or way and owners of land within 300 feet of the property line, all as they appear on the most recent applicable tax list, the Planning Board, and the planning board of every abutting municipality.

6.3.3 Review by other boards and agencies. The special permit granting authority shall, within 10 days after receipt of an application for special permit, transmit a copy thereof for review to the Board of Health, the Planning Board, the Select Board, the Conservation Commission and any other municipal board or agency at the discretion of the special permit granting authority. Any board or agency to which such applications are referred for review shall make such recommendations as it deems appropriate in writing; provided, however, the failure to make recommendations within 35 days of receipt by such board or agency of the application for review shall be deemed lack of opposition thereto.

6.3.4 Findings required. Before granting a special permit for any use requiring such permit under the provisions of this bylaw, the special permit granting authority shall find that the proposed use:

a. Is in compliance with all provisions and requirements of this bylaw, and in harmony with its general intent and purpose;

b. Is essential or desirable to the public convenience or welfare at the proposed location;

c. Will not be detrimental to adjacent uses or to the established or future character of the neighborhood;

d. Will not create undue traffic congestion, or unduly impair pedestrian safety;

e. Will not overload any public water, drainage, or sewer system or any other municipal facility to such an extent that the proposed use or any existing use in the immediate area or in any other area of the Town will be unduly subjected to hazards affecting public health, safety, or general welfare.

6.3.5 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 purposes of this bylaw. Such conditions, safeguards, or limitations may include, but are not limited to, the following:

a. Front, side, and rear yards greater than the minimum required by this bylaw; screening buffers or 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 bylaw.

Any conditions, safeguards, or limitations shall be imposed in writing and shall be made a part of the building permit.

6.3.6 Site plan required. Any application for a special permit shall be accompanied by a site plan drawn to scale indicating the location, size, and height of proposed buildings, site improvements, and containing such other information as may be required by the special permit granting authority. This shall include the actual layout with reference to all abutting property, including all necessary dimensions.

6.3.7 Decisions and vote requirements.

The special permit granting authority shall act within 90 days following the date of the public hearing. Failure to take final action upon application for a special permit within said 90 days shall be deemed to be a grant of the permit applied for.

A special permit issued by a special permit granting authority shall require a 2/3 vote of boards with more than five members, a vote of at least four members of a five-member board and a unanimous vote of a three-member board.

6.3.8 Expiration of special permit. A special permit shall lapse in three years if a substantial use or construction has not begun under the permit by such date.

6.3.9 

Associate member. The Planning Board shall have one associate member, pursuant to MGL c. 40A, § 9, who shall sit on the Board only for the purpose of acting on a special permit application in the event of either:

A. An absence, or inability to act, or conflict of interest on the part of any member of the Planning Board; or

B. A vacancy on the Board.

Such position shall be filled by a majority of the members of the Planning Board and the individual selected shall serve for a term of one year from date of appointment. Once the position has been filled, the Chairman or acting Chairman of the Planning Board may designate the associate member to sit for the purpose of the special permit application when one of the above events occurs.

6.4 Floodplain regulations.

6.4.1 Purpose of Floodplain Districts:

a. To provide that lands in the Town subject to seasonal or periodic flooding shall not be used for residence or other purposes in such a manner as to endanger the health or safety of the occupants thereof.

b. To protect, preserve, and maintain the water table and water recharge areas within the Town so as to preserve present and potential water supplies for the public health and safety of the residents of the Town.

c. To assure the continuation of the natural flow pattern of the watercourse(s) within the Town in order to provide adequate and safe floodwater storage capacity to protect persons and property against the hazards of flood inundation.

6.4.2 Regulations and restrictions.

a. Any person desiring to establish any permitted use in Floodplain District involving or requiring the erection of new or alteration or moving of existing structures, or dumping, filling, transfer, relocation, or excavation of earth materials, or storage of materials or equipment shall submit an application to the Select Board for a special permit, describing in detail the proposed use of the property and the work to be performed, accompanied by plans showing:

1. The location, boundaries, and dimensions of the lot, and existing and proposed structures, watercourses, and drainage easements, fill, means of access, and sewage disposal facilities;

2. Mean sea level elevation, with two-foot or less contour separation, of the existing and proposed land surface of cellar and first floors and sewage disposal facilities.

b. Copies of the application and plans shall be delivered by the applicant to the Building Commissioner, Planning Board, Board of Health, and the Conservation Commission.

[Amended 5-9-2022 ATM by Art. 38]

c. The Select Board may issue, in accordance with the regulations appearing in Section 6.3 of this bylaw, and in compliance with all applicable provisions of this bylaw, a special permit under this section, if the Board determines, as provided in Subsection 3.2.1 of this bylaw, that the land in question is being in fact not subject to floodplain restrictions for any use which would otherwise be permitted if such land were not, by operation of this section, in the Floodplain Districts have been established. The Board may issue a special permit with such conditions as it deems necessary in the interests of public health or safety, and welfare. The burden of proving that the proposed use will not endanger the health or safety of occupants or the public will rest upon the applicant, who will submit such engineering and hydrological data as may be required. Without limiting the generality of the foregoing, the Board shall insure:

1. That the floor level of areas to be occupied by human beings as living or working space shall be at a safe elevation; that furnaces and utilities are protected from the effects of flooding; and that the structure will withstand the effects of flooding in accordance with the Building Code;

2. That the proposed construction, use or change of grade will not obstruct or divert the flood flow, reduce natural storage, or increase stormwater runoff so that water levels on other land are substantially raised, or danger from flooding increased;

3. That safe vehicular and pedestrian movement to, over, and from the premises is provided in the event of flooding;

4. That the proposed methods of drainage and sewage disposal are approved by the Board of Health, and will not cause pollution or otherwise endanger health in the event of flooding;

5. That within Zone A of the Flood Insurance Rate Maps and the Flood Boundary and Floodway Maps that are then in effect and on file with the Town Clerk, Planning Board and Building Commissioner, where the base flood elevation is not provided, the applicant shall obtain any existing base flood elevation data, which shall be reviewed by the Building Commissioner for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appropriate, of the State Building Code.

[Amended 5-9-2022 ATM by Art. 38]

6. 

That in the floodway, designated on the Flood Boundary and Floodway Map, the following provisions shall apply:

(a) All encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer or architect is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 1,200-year flood.

(b) Any encroachment meeting the above standard shall comply with the floodplain requirements of the State Building Code.

d. Granting of a special permit by the Select Board does not indicate in any way compliance with the provisions of the Wetland Protection Act, MGL c. 131, § 40.

6.5 Wetlands regulations.

6.5.1 Any person desiring to construct a dwelling or building housing a principal permitted use in any Wetlands Area shall submit an application to the Select Board for a special permit describing the proposed use of the property and the work to be performed. The Select Board may issue, in compliance with all applicable provisions of this bylaw, a special permit under this section if the Board determines that:

a. The proposed construction, use, or change of grade will not reduce natural water storage so that water levels on other land are substantially raised, or danger from flooding increased;

b. Safe vehicular and pedestrian movement to, over, and from the premises is provided;

c. The proposed method of drainage and sewage disposal is approved by the Board of Health, and will not cause pollution or otherwise endanger public health.

6.5.2 Granting of a special permit by the Select Board under this section does not indicate in any way compliance with the provisions of the Wetlands Protection Act, MGL c. 131, § 40.

6.6 Stream, pond and lake protection.

Hereafter, no on-lot sewage disposal system such as a septic tank or cesspool or leaching field, or the drainage system for wastewater from showers, sinks, etc. shall be installed or constructed within 100 feet of the high water shoreline of a man-made pond or lake exceeding two acres in area, or of any natural waterways, including brooks, streams, the Williams River, or ponds of any nature in the Town of West Stockbridge.

6.7 Sign regulations.

6.7.1 The following signs may be displayed in any district, subject to regulations contained in the Town's Sign Bylaw:

a. At a single, detached, single-family house, one sign not over two square feet in area, showing the name of the occupants.

b. At religious, educational or philanthropic institutions, a library, museum, art gallery, or building or area for municipal or government use or service, one sign not over four square feet in area at each entrance.

c. A temporary, unlighted sign not over six square feet in area pertaining to construction, repair, lease, or sale of the property on which it is displayed.

d. One temporary sign, to be displayed on the premises for not more than one week, not exceeding 10 square feet in area, advertising or announcing a sale, entertainment, or other activity open to the public, being conducted by a religious, philanthropic, social, or other nonprofit organization.

6.7.2 The following signs may be displayed in accordance with the provisions of the Town's Zoning Sign Bylaw, Section 6.7:

[Amended 5-9-2022 ATM by Art. 38; 10-6-2022 STM by Art. 5]

a. At each entrance to a farm, orchard, commercial greenhouse, nursery, truck garden, woodlot, or roadside farm stand permitted or authorized under this bylaw, one sign not over four square feet in area.

b. For permitted use of residential property, one sign not over two square feet in area.

c. On property in a Residence District devoted to a use authorized by special permit, one sign not over four square feet in area.

d. In a Commercial District, no more than two signs, not to exceed 25 square feet in total combined area, attached flat against the wall of the building, advertising the name of the firm or goods or services available or produced on the premises. No sign shall project over a parapet wall or over a public way owned or maintained by the Town. In the case of privately owned alleys and lanes, where a sign flat against the building would not be readily visible from a public way, one sign for each establishment, not exceeding four square feet in area, is permitted to project over the private way, provided that its lowest point is at least seven feet above the surface of the way and provided that the Town Building Commissioner determines that it would not be dangerous to the public using the way.

e. In a Commercial District, any multiple uses on a lot may display only one sign not exceeding 16 square feet in area for each separate business establishment in addition to a directory sign for multiple listing of uses on the premises. Such directory sign shall not exceed 16 square feet in area and may provide up to four square feet of space for each separate use on the premises. Such directory sign may be a freestanding sign not over 10 feet in height.

f. In a Manufacturing District, no more than two signs, not to exceed 50 square feet in total combined area, attached flat against the wall are permitted. Said signs may advertise only the name of the firm and/or goods or services available or produced on the premises. No sign shall project more than six feet above a parapet wall, or

g. In Manufacturing Districts, one sign, not attached flat against the building, advertising the name of the firm and/or goods or services available or produced on the premises, permitted not to exceed 12 square feet in total combined area.

6.7.3 Sign restrictions.

a. No sign shall use moving parts, noise-making devices, or blinking, rotation, or flashing or red lights, or changes in light intensity; and except as otherwise provided herein, no sign shall be placed on the roof of any building or structure, or extend above the parapet or eave line.

b. No illuminated sign or lighting device shall be so placed or directed upon a public way or adjacent premises as to cause glare or reflection that may constitute a traffic hazard or nuisance.

c. No sign shall be located off the premises to which it applies, except that directional, informational or identification signs may be allowed where such signs will serve the public convenience and not be detrimental to the neighborhood with respect to size, location, or design.

[Amended 10-6-2022 STM by Art. 5]

d. A freestanding sign may not be closer to the front property line than 1/2 the depth of the required front yard, and in Residence Districts may not exceed four feet in height above grade, and in Commercial Districts 10 feet.

e. No portable sign of any type will be allowed except for a period of not more than three days at a maximum square footage of five square feet per side. This will be allowed up to four times per calendar year.

[Amended 10-6-2022 STM by Art. 5]

6.8 Driveways.

6.8.1 Driveways for not more than two principal uses:

6.8.1.1 No driveway or other access to a way shall serve more than two dwellings or other principal or permitted structures, except as provided by special permit pursuant to the provisions of this bylaw.

6.8.1.2 The Building Commissioner shall request a review of the driveway by the Highway Superintendent prior to the issuance of a building permit, to ensure that the driveway will provide safe access to the property for all vehicles, including emergency vehicles and vehicles carrying hazardous materials, such as home heating oil. The Highway Superintendent may, if he/she so chooses, consult Town emergency personnel or other such professionals to determine emergency vehicle access adequacy. Following a site visit, the Highway Superintendent shall, if he/she deems such driveway layout proper, issue a driveway cut permit. All driveways shall be sufficiently constructed for permanent access and travel before issuance of any certificate of occupancy. Said certificate of occupancy must be signed by the Highway Superintendent upon driveway acceptance (under this section).

[Amended 5-9-2022 ATM by Art. 38]

6.8.1.3 No driveway shall be approved which does not conform to the following standards:

a. Entrances onto state highways must conform to Massachusetts Department of Transportation standards and regulations.

b. No driveway shall be approved at intersections.

c. No driveway shall be located within 100 feet of an intersection of public ways.

d. Driveways shall be located to the best advantage with regard to alignments with the public way, profile, sight conditions and the like. In no instance shall the driveway intersect the public way at less than a 60° angle.

e. Culverts taking the place of roadside ditches shall have a diameter of not less than 15 inches. A larger diameter may be required at the discretion of the Highway Superintendent. All culverts under the driveway shall become the property owner's responsibility for cleaning, maintenance and replacement as determined by the Highway Superintendent.

f. The elevation of driveways at the point of entry into the public right-of-way shall not be more than the elevation of the shoulder of the roadway.

g. Driveways shall be constructed so that the water runoff from the driveway shall not drain onto the crown of the road or open waterways or ponds.

h. In no instance shall the section of driveway entering the public way conflict with the flow of surface water runoff.

i. Individual driveways shall not be less than 12 feet nor more than 20 feet in width within the Town right-of-way.

j. Driveways entering a paved way shall have a paved apron installed extending to the width of the Town right-of-way or 20 feet in from the edge of the paved way, whichever is greater. Maintenance of said paved apron shall become the property owner's responsibility.

k. The slope of the driveway, at any point, shall not be greater than 10%.

6.8.2 Common driveways servings three or four lots.

6.8.2.1 In all districts, common driveways to serve a maximum of four lots may be created only by special permit by the Planning Board. A lot served is any lot crossed by the common driveway, whether or not any building or any dwelling on the lot is actually accessed and/or served by this common driveway, or on any lot on which any building or any dwelling is accessed and/or served by this common driveway. All such lots must be included in the list and number of lots served.

6.8.2.2 Each such common driveway must meet the following criteria:

a. Common driveways may not be used to satisfy or take the place of other Town Zoning Bylaw requirements. Each lot shall have frontage on ways that serve to satisfy frontage requirements.

b. Each lot served by the common driveway must have permanent access to the common driveway pursuant to an easement agreement acceptable to the Planning Board, and the deed to each lot served on a common driveway must reference this easement agreement. The easement agreement is to be recorded, along with the special permit, with the Southern Berkshire Registry of Deeds or with the Land Court where appropriate.

c. Any deeds or ownership of lots served by a common driveway shall require that the owners of said lots must be members of a maintenance association whose purpose is to provide for maintenance of the common driveway, which shall include, but not limited to, snow plowing, road maintenance, maintaining drainage structures and maintaining design specifications. This maintenance association must be created by a maintenance association agreement acceptable to the Planning Board, and the deed to each lot served on a common driveway must reference this maintenance association agreement. This maintenance association agreement is to be recorded along with the special permit with the Southern Berkshire Registry of Deeds or Land Court where appropriate.

d. The common driveway is defined as extending from the approved or acceptable right-of-way to which it is attached, to the point it serves only one lot, the so called terminus. A common driveway may have more than one terminus. A common driveway shall be connected to an approved or accepted right-of-way at one and only one point. The entire common driveway must lie within the lots served and in the Town of West Stockbridge.

e. The common driveway must meet the design criteria of this bylaw and any additional design criteria established by the Planning Board in regulations duly voted by said Board according to law. The design criteria of this bylaw are:

1. Twelve feet minimum width of wear surface.

2. A minimum of eight inches of gravel.

3. Passing turnouts must be constructed which provide a total width of at least 18 feet along a distance of at least 25 feet spaced no more than 300 feet between turnouts or a lesser interval where, in the Planning Board's opinion, a lesser distance is warranted for safety considerations.

4. The length must be such that the distance along the common driveway center line to each building or dwelling served by the common driveway will not exceed 1,800 feet from the street sideline.

5. Signs to direct emergency access and signs with lot number designation must be installed both at the street line and at each driveway intersection with the common driveway.

6. Street addresses for all lots served by a common driveway shall be the address of the lot as designated from the accepted Town way from which the common driveway intersects.

7. The center line of the common driveway cannot be located closer than 35 feet to the center line of any approved or constructed single dwelling driveway or shared driveway.

8. A staging area of at least 40 feet in length and a minimum of 20 feet in width at the street line, tapering to a minimum of 12 feet in width at 40 feet from the street line.

9. The requirements of Subsection 6.8.1.3 shall also be met.

6.8.2.3 When deciding whether or not to grant special permit to create a common driveway, the Planning Board should consider:

a. The safety of the common driveway as designated for normal use.

b. The safety of the intersection with the Town way.

c. The adequacy of the legal requirements for maintenance and access.

d. The adequacy of the common driveway to provide access to vehicles to carry materials that are potentially hazardous if spilled, such as home heating oil.

e. The environmental impact on wetlands and water resource areas.

f. The adequacy of the common driveway to provide access to emergency vehicles, fire trucks, ambulances and police vehicles. The Planning Board may, if it so chooses, consult Town emergency personnel or such professionals to determine emergency vehicle access adequacy.

g. The adequacy of the common driveway to provide for needs of prospective occupants of the lots.

6.8.2.4 Strict compliance with the requirements of these rules, and of any regulations which may be issued, may be waived in any specific respect if the Board finds that:

a. Such waiver is consistent with the public interest; and

b. Such waiver is consistent with the safety needs of the immediate and likely future users of the property; including the need for speedy and practical access for fire and police. In making this finding, the Board shall consider the views of the Town of West Stockbridge Highway Superintendent, Chief of Police and Chief of the Fire Department, and may consider the particular resources which are legally committed to be available at the proposed site, such as a local cistern or other water supply or sprinkler systems.

No requirements shall be considered to have been waived unless as express written request for waiver shall have been filed with the Board at the time of the application for the special permit and said request for waiver shall have been expressly approved by the Board. The Board shall make express and specific written findings relative to its action on any waiver request.

6.8.3 Miscellaneous.

6.8.3.1 Granting of a special permit under this bylaw does not constitute a waiver of any other applicable bylaw or statute.

6.8.3.2 The Planning Board may issue regulations to go with this bylaw, including charging a filing fee adequate to cover both legal review and construction inspection.

6.8.3.3 The driveway shall be sufficiently constructed for access before the issuance of any building permit. The Building Commissioner shall request a review of the driveway by the Highway Superintendent prior to the issuance of the permit to ensure that the driveway will provide safe access to the property for all emergency vehicles.

[Amended 5-9-2022 ATM by Art. 38]

6.8.3.4 No certificate of occupancy shall be issued for a residence served by a common driveway until the Planning Board certifies in writing that the common driveway has been completed in accordance with the standards of this section.

6.9 (Reserved) [1]

[1] Editor's Note: Former Sec. 6.9, Temporary moratorium on recreational marijuana establishments, added 11-13-2017 STM by Art. 1, was repealed 1-14-2019 STM by Art. 1. See now Sec. 9.1 of this chapter.

6.10 (Reserved) [1]

[1] Editor's Note: Former Sec. 6.10, Temporary moratorium on medical marijuana treatment centers, added 11-13-2017 STM by Art. 2, was repealed 1-14-2019 STM by Art. 1. See now Sec. 9.1 of this chapter.