Chapter 189 Policies and Procedures

Chief Executive Officer of Town government.

Coordinates with other Town elected committees.

Appointments and assignments to boards, committees.

Local licensing authority.

Local permitting authority.

A special permit granting authority.

(7)

Set policy and propose articles for Town Meeting warrant.

(8)

Oversee preparation of budget with Finance Committee and Town Manager.

(9)

Call for Town Meetings and approve all articles for warrants.

(10)

Set fees.

(11)

Create general rules and regulations for Town operations.

(12)

Appoint Town Counsel and approve legal strategy.

(13)

Sign warrants to pay all Town bills.

(14)

Serve as Road Commissioners.

(15)

Serve as Sewer Commissioners.

(16)

Appoint Town Manager.

(17)

Conduct annual review of Town Manager.

(18)

Communications to public on Town issues and respond to citizen concerns.

Annual tasks include:

Administrative.

Annual board organization: elect Chair, Vice Chair, assign member roles and responsibilities, and assign liaisons to boards/committees and departments as necessary.

Issue Town annual report.

Resolve government administration issues that have not been settled at lower levels.

Set risk management policy.

Strategic planning.

Set strategic direction of the Board.

Hold public "goal setting" meetings at least twice annually.

Coordinate with the activities of other boards.

Assist in identifying Town projects for Community Preservation Act[1] funding.

Editor's Note: See MGL c. 44B, § 5.

Financial oversight and budgeting.

Tax classification hearing — August.

Annual financial policy and budget plan.

Participate in the annual Town budget development process.

Provide leadership in the development of the capital improvement program.

(e)

Monitor financial performance of the Town.

(f)

Sign payment warrants/approve invoices.

(g)

Review budget policy establishing goals/targets for free cash.

(h)

Establish stabilization funds policy.

(i)

Review monthly and quarterly financial reports.

(j)

Receive and discuss annual Town audit.

§ 189-2 Selectboard responsibilities.

Liaison with Town boards and committees. Individual members may be assigned to one or more of the Town Boards and/or Committees on which a Selectboard members is not already a member, to attend the board's/committee's meetings and activities when considered appropriate and maintain current information to be passed on to the Selectboard upon request or as per regular agenda item.

Liaison with Town departments. With consent of the Town Manager, individual members may be assigned to one or more of the Town departments to serve as a policy liaison, to maintain overall information on the department status and operations and objectives, to assist the Town Manager with resolution of issues and to advise the Town Manager on overall policy and strategy. Provide expertise or information to Selectboard on department subject matters to guide general oversight, and provide regular public updates to the Board when appropriate.

Liaison with outside groups. Individual members may be assigned to serve as liaison or member of outside committees, to represent the Selectboard and exchange information, and provide regular public updates to the Board when appropriate.

Selectboard subcommittees. Formed by the Board to address specific issues, strategies or projects.

Responsibilities to the community. The primary responsibility of a Board member is to all citizens of Great Barrington. Therefore, each member should: recognize that the Board's function is policymaking and not administrative or operational; be mindful that he/she is one of a team and must abide by, and carry out, all Selectboard decisions once they are made; be well informed concerning the responsibilities of a Selectboard member and on issues affecting the Town, whether at a local, regional, or statewide level; remember that he/she represents the entire community at all times; treat the office of Selectboard member as one of public service and not as a means to derive personal benefit or conduct political activities.

Responsibilities to fellow Board members and others. In relations with fellow Selectboard members and other persons, a Board member shall: acknowledge differences of opinion as part of the democratic process; treat others with respect and act in a civil manner; refrain from personal criticism; respect that Board action at official meetings is binding and that he/she alone cannot bind the Selectboard outside such meetings; refrain from making promises regarding how he/she will vote on applications that will come before the Selectboard; not withhold relevant information on Town matters either from other Selectboard members or from members of other Town bodies or departments whose duties relate to that information; make decisions only after all facts on an issue have been presented to and discussed by the Selectboard; cooperate with the Chair in the conduct of meetings.

§ 189-3 Officers of the Board.

The Chair. The Chair is chosen by fellow Selectboard members to serve a term of one year. The responsibilities of the Chair include: preparation of the agenda for all Selectboard meetings in coordination with the Town Manager, calling meetings of the Board, coordinating an annual evaluation of the Town Manager, presiding over all meetings and public hearings (per Robert's Rules of Order and/or applicable legal requirements), recognizing others to speak during each meeting and encouraging complete discussion of all relevant issues before the Board. Being Chair does not mean the Chair forfeits the right to vote on any matter, the right to make a motion or the right to express himself/herself as a Board member. The Chair of the Board shall sign all documents as required by law.

Vice-Chair/Clerk. The Vice-Chair/Clerk is responsible for serving as Chair in the Chair's absence or recusal. Should the Chair resign, the Vice-Chair automatically succeeds him/her. The Vice-Chair/Clerk of the Board shall sign all documents as required by law.

Designated alternate. If both the Chair and Vice Chair are unable to perform their duties, the senior member of the Board present at the time shall be designated to perform the applicable duties.

§ 189-4 Meeting schedule.

Regular meetings. Regular meetings of the Selectboard generally shall be the second and fourth Mondays of the month. The Board shall not meet on days designated as legal holidays. When a meeting date is to be rescheduled because of a legal holiday, the Board shall agree on a date to reschedule.

Notice of meetings. All meetings of the Selectboard shall be duly posted in compliance with Massachusetts General Laws (MGL) Open Meeting Law[1] requirements. The Town Manager, on behalf of the Chair, is responsible for providing the agenda to the Town Clerk in accordance with the Open Meeting Law for posting on the Town's website, notice board inside and outside of the Town Hall, and for notifying the media and those persons with business listed on the agenda.

Editor's Note: See MGL c 39, § 23B.

Meeting procedures.

Meetings are to be conducted in accordance with generally accepted rules of parliamentary procedure. Robert's Rules of Order is used as a guide in matters requiring clarification or definition. Motions to reconsider must be made no later than the next regularly scheduled business meeting following the meeting at which the original vote was taken.

A quorum of the Board is required to hold a meeting and take action. A quorum is defined as a majority of the members of the Board. At times when only three members are present, all three members must vote similarly for a majority vote. Approvals of special permits shall require a concurring vote of at least four members of the Board as per Chapter 40A of the MGL.

Any rules or procedures as to functioning of the Board may be amended, repealed or otherwise acted upon by a majority vote, at a duly posted meeting of the Selectboard.

In accordance with the Town bylaws, the Chair is encouraged to take public comment when appropriate. The press and the public have the right to be present at any open meeting, however they have no right to participate except during public hearings, citizen speak, or media time unless and until they are recognized by the Chair. All inquiries shall be addressed to and through the Chair.

Meeting participants shall conduct themselves in a professional manner. No demonstrations or signs will be allowed in the meeting room. Individuals shall refrain from verbal outbursts. Cell phones and pagers shall be silenced at all times during the meeting.

Anyone addressing the Board during the meeting, including citizen speak time, shall proceed to the lectern after being recognized by the Chair, and adhere to the citizen speak procedures. Before speaking, they shall state their name and address. There shall be a time limit of three minutes per speaker, unless extended by the Chair.

§ 189-5 Preparing the agenda.

The responsibility for preparing the agenda for the Selectboard meetings shall be with the Chair and the Town Manager. The goal is for finalized agendas, along with supporting background information, to be available no later than the close of business on the Friday of the week prior to the next scheduled meeting. Any Board member wishing to add an agenda item shall make the request in writing to the Chair. The deadline for having requested items on the agenda is 12:00 p.m. noon the Wednesday of the week prior to the next scheduled meeting. All information relevant to the agenda topic shall also be provided by this time. All information shall be provided to the office of the Town Manager to be included in the agenda packets.

Any items requested by members of the Board shall be placed on the agenda, however, the Chair and Town Manager will use discretion and may need to defer a topic to the next available meeting. Agenda items will ordinarily be deferred to the next meeting if supporting documentation is received after the 12:00 noon deadline.

Agenda items should include background information to be included with the agenda packets so that Board members can review and prepare for discussion prior to the meeting. This procedure does not limit an individual member of the Selectboard from raising a concern about an issue under "Selectboard Time." at a meeting. However, no formal action shall be taken by the Board until a future meeting.

Before raising issues publicly at a meeting, Board members should first advise the Town Manager prior to the meeting of issues, concerns, or complaints so that an appropriate response or update can be provided.

§ 189-6 Public hearing procedures.

State laws and various Town bylaws require the Selectboard to hold public hearings on certain issues before any action can be taken. For certain matters, like special permits, the Board may ask the Town Manager to develop a draft findings of fact for consideration.

The Board will schedule the dates for the hearings.

The Chair will open the hearing by identifying the purpose of the hearing and the rules to be followed during the hearing. The Chair will ask for a motion to open the public hearing to be voted on by members of the Board.

The Selectboard has the authority to subpoena a person or relevant information. (Refer to MGL c. 233, § 8.).

The basic format of the hearing will be:

Chair shall open the public hearing.

Applicant explanation of request/project.

Persons invited to speak in favor/opposition/questions. The Chair shall also note if there are any letters submitted and if they were in favor or opposition.

Answers or clarifying comments from the applicant.

Motion to close public hearing.

§ 189-8 Board and committee speak procedures.

Motion re: findings of fact (if applicable).

(7)

Motion re: approval or denial, continuance, or other procedural action.

§ 189-7 Approval of licenses.

The applicant is strongly urged to appear at the Selectboard meeting when the license application will be discussed. If no representative is present, the Board reserves its right to postpone the issue to the next business meeting of the Board or disapprove the application.

If a license application is filed between Selectboard meetings, and the Chair determines that failure to obtain the license before the next Selectboard meeting would cause the applicant irreparable harm, the Chair will have authority to call a special Selectboard meeting.

All Town boards and committees have the right to request agenda time to address the Board on matters related to the particular board or committee. Prior to the meeting, the chair of the board or committee shall provide background material on the matter(s) to be discussed along with the results of any board or committee vote(s) on the matter(s) being presented. All members of the board or committee shall be informed by its chair that the matter will be presented to the Selectboard and communication to the Selectboard shall be the responsibility of the chair. When a board or committee addresses the Selectboard, the chair of said board or committee should be in attendance. If the chair cannot attend, the chair shall include with the background material a statement as to who will be speaking on behalf of the board or committee.

§ 189-9 Citizen speak procedures.

All Town residents, and owners of property or businesses in Town shall have the right to speak at a Selectboard meeting for a period not to exceed three minutes after being recognized by the Chair unless a longer period of time is granted by the Chair.

Those who choose to speak during citizen speak time shall have the opportunity to address the Selectboard once during citizen speak time.

Speakers are encouraged to be courteous and respectful.

Speakers shall speak for themselves and not speak on behalf of others who are not present unless specific permission is granted by the Chair.

The Chair may rule the speaker out of order and the speaker will lose the right to speak, if the speaker acts in a non-peaceable or disorderly manner.

The Chair may respond to a speaker and put an item on a future agenda but the Selectboard and Chair are unable to problem solve or enter debate during citizen speak.

Citizen speak time shall not be used for comments or questions regarding a matter which is pending before or will be scheduled to come before the Selectboard as part of a public hearing. Comments and questions on such a matter may be presented during the hearing process.

§ 189-10 Minutes.

Regular meeting. Minutes will be available to the public after review and approval by the Board.

Draft meeting minutes, when available, will be included in agenda packets.

Meeting minutes should be on the agenda of the next regularly scheduled meeting or by 30 days after the meeting at the latest.

Executive session meeting minutes. Minutes of executive sessions should be reviewed at reasonable intervals to determine if the subject matter warrants continued non-disclosure under the Open Meeting Law.

Minutes shall be released once they have been approved for release, in executive session, by the Board.

Upon a request for minutes of an executive session, the law requires a two-stage review of minutes. First, to determine whether the executive session purpose continues to warrant confidentiality and second, to determine whether the attorney-client privilege or one or more of the exemptions under the Public Records Law[1] apply to withhold the minutes, or a portion thereof, from disclosure. After review, the Selectboard must respond to the requester and either make the minutes available or provide an explanation of what is being withheld and why. Please refer to MGL c. 30A, § 22(f), (g)(2).

§ 189-12 Communication with legal counsel.

Editor's Note: See MGL c. 66, § 1 et seq.

All approved minutes are considered public record and will be made available upon request. They will also be posted on the Town's website within 48 hours of approval.

§ 189-11 Town Manager evaluations.

The Selectboard is responsible for an annual evaluation of the Town Manager in accordance with the Town Charter.

The evaluation shall begin around April 1 and be completed no later than May 1.

Bi-annually (every other year) in lieu of a Selectboard evaluation, a comprehensive community evaluation will be conducted by a third party. Staff, press, elected officials, business owners, and residents will be selected at random to participate in the community evaluation.

Copies of all Town Manager evaluations are public records.

When access to legal counsel is necessary, the Chair or Board members shall communicate through the Town Manager. In the event that the required legal advice is related to contract negotiations with, or the performance of, the Town Manager, all communication shall be through the Chair.

§ 189-13 Selectboard response to received communication and member communications.

The Selectboard welcomes communication through whatever vehicle is chosen by its constituents, i.e., email, written letters, phone calls, personal contact. It is the intent of the Board to handle inquiries on a timely basis (within 24 business hours) when possible. When communication is addressed to the entire Selectboard, the Town Manager will, within one business day, confirm receipt of the communication to the individual and inform (CC) the rest of the Board when a response has been sent.

The Chair and Town Manager shall review the matter as follows:

Routine matters. If the matter can be routinely handled by staff, the Town Manager shall, within one business day from receipt of the communication, contact the individual providing adequate information on said matter. Appropriate staff should always be included in communication from the Town Manager, where applicable.

Non-Routine matters. Should the matter not be a routine administrative matter, the Chair and Town Manager shall arrange for the matter to be included on the agenda of the earliest occurring/most convenient Selectboard meeting. The Town Manager shall notify the individual when the item will be on the Selectboard agenda. The Selectboard shall discuss the matter publicly and may refer the matter to the Town Manager and/or an appropriate board/commission/committee for further investigation. Should the matter be acted upon by the Selectboard, the Town Manager shall so inform the individual. Alternatively, a meeting may be scheduled among the Chair, Town Manager and appropriate staff when appropriate.

Should the matter be referred to another board or to a staff person, the Selectboard may request a report from the referral entity to be reviewed at a regular meeting of the Selectboard at a time the Selectboard designates.

This procedure is not intended in any way to inhibit an individual Selectboard member from discussing any matter with his/her constituents. Individual members of the Selectboard may establish independent mechanisms for responding to inquiries including, but not limited to, forwarding the matter to the Town Manager for investigation; and may forward a matter to the Selectboard Chair also. However, those actions are the sole responsibility of the individual Selectboard member and should not be construed or conveyed to be the official policy of the Selectboard or Town of Great Barrington. Routine matters should always be sent to the Town Manager, and/or appropriate staff and the Chair and Town Manager shall be copied.

§ 189-16 Enforcement of policies and procedures.

Selectboard members shall refrain from commenting outside of a Board meeting on applications which are pending before the Board or which are to be scheduled to come before the Board as part of a public hearing process. This includes comments on any form of social media.

Board members may have access to private and/or confidential information. That information must be actively guarded from publication. Board members are expected to actively protect private and/or confidential information in conversation, comments to media, and on social media. Members who are authorized to utilize any Town social media sites do so with the understanding that they are representing the Town and shall conduct themselves in accordance with the terms and spirit of these Policies and Procedures. Members must not harass, bully, threaten, defame, slander or engage in other intimidating conduct. When speaking or commenting on social media in such an official capacity, the member's name and title should be made available to maintain transparency and full disclosure. When posting to, or commenting from, a personal social media account members must not represent themselves as a spokesperson for the Town. Longform commentary such as blog posts, newsletters, or letters to the editor should include a disclaimer such as "the opinions expressed here are my own and do not necessarily reflect the views of the Great Barrington Selectboard or Town of Great Barrington."

In order to preserve decorum, prevent disruption, and ensure orderly conduct, Board members shall never post to social media during meetings. Selectboard members are discouraged from using personal social media accounts to comment on or post information to any Town social media sites, and from posting information regarding official Town business on other social media sites. If a Selectboard member chooses to share Town news or information that is not private, confidential, or pending before the Board, they must make sure to be honest and accurate. If a mistake is identified it must be corrected as quickly and transparently as possible. Substantial edits, changes, and alterations of posts should be disclosed. A post to social media from a personal social media account may be considered a public record if the post discusses, in any way or form, aspects of Town government or Town business. Given the nature of their office, Selectboard members should have no expectation of privacy regarding anything created, sent or received on social media sites.

Selectboard members are discouraged from using personal social media accounts to comment on or post information to any Town social media sites, and from posting information regarding official Town business on other social media sites. A post to social media from a personal social media account may be considered a public record if the post discusses, in any way or form, aspects of Town government or Town business. Given the nature of their office, Selectboard members should have no expectation of privacy regarding anything created, sent or received on social media sites.

§ 189-14 Executive sessions.

All executive sessions shall conform to the requirements of the Open Meeting Law. There shall be no outside discussion of the content of matters addressed in executive session, unless and until the Selectboard determines it is appropriate to discuss an item in a public session. Minutes shall be taken in accordance with Open Meeting Law requirements, however there shall be no cloud-based audio or video recording or transcription of executive sessions.

§ 189-15 Confidential information.

To the extent permitted by law, information provided to the Board on confidential matters, including but not limited to personnel and public safety information, shall not be shared with the public. In particular, no Board member shall disclose via social media any information that may be confidential or exempt from disclosure under the Massachusetts Public Records Law, Open Meeting Law, or any other statute or regulation.

The Selectboard shall enforce these Policies and Procedures.

Any member who is found by the Board to have violated these Policies and Procedures may be removed from a committee or other assignment by the Chair, and may be subject to public censure by the Selectboard.

§ 189-17 Special permit regulations.

Authority and jurisdiction. These rules and regulations (Regulations) are established and promulgated by the Great Barrington Selectboard pursuant to the provisions of Massachusetts General Laws, Chapter 40A, Section 9 and Chapter 44, Section 53G, and Section 10.4 of the Great Barrington Zoning Bylaw, are intended to augment and complement said statutes and the Zoning Bylaw, and shall be applicable to all special permits for which the Selectboard is the designated Special Permit Granting Authority ("SPGA").

Effective date. These Regulations shall take effect upon a majority vote of the Selectboard after a public hearing in a newspaper of general circulation in Great Barrington, said advertisement to be published not less than seven days before the public hearing. They shall apply with the force of law to all special permit applications filed on or after the date of said vote.

Applications. Applications for special permits shall be filed with the Town Clerk on either Form SP-1 (short form) or SP-2 (long form) according to the primary use as determined by the Town's Inspector of Buildings. At least one complete copy, including all maps, plans and other documentation, shall be on sheets no larger than 11 inches x 14 inches.

The long form (SP-2) shall be used for any special permit application under the following subsections of Section 3.1.4 of the Great Barrington Zoning Bylaw.[1]

Subsections A(4) Assisted living residence; A(8) Open space residential development; A(10) Publicly financed nonprofit age restricted housing.

Subsections B(1) Camping facilities; B(5) Commercial amusements; B(8) Educational use, nonexempt; B(9) Golf or country clubs; B(10) Hospitals, sanitariums, nursing homes, convalescent homes or philanthropic institutions; B(13) Riding stables; B(14) Ski tows; B(15) Summer camps.

Subsections C(2) Fast food eating establishments; C(3) Fuels storage and sales, excluding motor vehicle fuel stations; C(4) Garages, public; C(8) Hotels; C(9) Institutional administrative offices or planned professional office developments or research centers; C(11) Large scale commercial development; C(12) Lumberyards; C(14) Motels or overnight cabins; C(15) Motor vehicle fuel stations.

Subsections E(1) Aviation fields, public or private; E(3) Freight terminals, truck or rail; E(6) Personal wireless tower or structure.

(e)

Subsections F(2) Gravel, loam, sand and stone removal for commercial purposes; F(3) Light Manufacturing; F(4) Sawmills and Manufacturing of Forest Products.

Editor's Note: See Ch. 171, Zoning.

All other special permit applications may be filed on Form SP-1 (short form) unless the Inspector of Buildings or the SPGA, by majority vote, requires the filing of Form SP-2 (long form). Applications may be submitted to the Inspector of Buildings or a representative of the SPGA for review before filing with the Town Clerk.

Elevation contours on plans submitted with any application filed under Subsection F(2) of Section 3.1.4 shall be at intervals of no more than two feet. Elevation contours on plans submitted with all other special permit applications may be at intervals of 10 feet, unless the SPGA shall require otherwise.

All plans submitted with special permit applications shall be drawn to scale and signed, sealed and dated by an engineer registered in Massachusetts. Specific scales on drawings and plans shall be as follows:

Site plan, parking plan, landscaping plan and drainage plan: one inch shall equal 40 feet.

Separate plan showing general characteristics of land: one inch shall equal a maximum of 100 feet.

Separate scaled drawing of the fully constructed building or change to the existing building shall be submitted. Any photos that are submitted shall be legible if reproduced.

Every application for a special permit shall be accompanied by a drainage plan demonstrating that all drainage is either accommodated on the property or directed to a drainage system approved by the SPGA. If post-development flows off the property will differ in any way from pre-development flows, the drainage system shall be designed by a civil engineer registered in Massachusetts and shall be reviewed and approved by the Town's consulting engineer at the applicant's expense as provided by Subsection G of these Regulations.

Every application for a special permit shall be accompanied by a parking plan showing the specific locations of an adequate number of off street parking and loading places to comply with the provisions of Section 6.1 of the Great Barrington Zoning Bylaw and any additional requirements of the SPGA. Each parking space on the plan shall be numbered. Designated loading areas, employee parking and handicapped parking shall be labeled as such.

In the event a continuance of the special permit hearing or extension of the time for decision beyond the statutory time limit set forth by MGL Ch. 40A, § 9 is required for the purpose of completing any plan to the satisfaction of the SPGA, the Planning Board or any other Town Board or official, the applicant and the SPGA may agree in writing to such continuance or extension.

Failure of the applicant to agree to such continuance shall be prima facie evidence that the applicant is not in compliance with all provisions and requirements of Section 10.4 of the Great Barrington Zoning Bylaw and these Regulations, and shall be grounds for rejection of the special permit application.

Fees.

The minimum filing fee for a special permit shall be $350, and this amount may be amended from time to time. No special permit application shall be accepted without payment in full of the required filing fee. Notwithstanding the foregoing, the SPGA shall be empowered to waive all or part of any fee for applications submitted by municipal or charitable organizations.

Payment of taxes and fees. In accordance with Chapter 49 of the Town Code (payment of fees, taxes, etc.), the Selectboard shall not issue any special permit if the applicant(s) is found to be delinquent in payment of taxes, fees, etc.

Employment of technical consultants.

All reasonable costs approved by the majority vote of the SPGA as necessary for the employment of experts or consultants by any board, agency or official of the Town for the purpose of analyzing or evaluating any project that is the subject of a special permit application shall be assessed to the applicant and shall constitute part of the filing fee. Such costs shall be determined to the satisfaction of the SPGA on the basis of estimates from professionals such as civil engineers, traffic engineers, hydrologists, botanists, and the like, as well as the experience of Town boards, departments, agencies and officials derived from similar projects.

Upon determination by the SPGA of the monies required for evaluation or analysis, the SPGA shall notify the applicant in writing, by first-class mail, postage prepaid, of the consultant or the consultants chosen to evaluate the project and the fees required for such evaluation. The SPGA shall notify all other parties in interest by first-class mail, postage-prepaid, of the nature of the evaluation and the choice of consultant.

All required fees shall be paid by the applicant to the Town within 10 business days of receipt of such notification. Payment shall be by check certified by a bank doing business in Massachusetts or issued by such a bank. For the purpose of this section, receipt of notification shall be construed to be two business days after the date of written notification to the applicant, or the postmark thereon, if such postmark is a later date.

In the event additional evaluation of the project is requested by any board, agency or official of the Town after the initial deposit of funds, and if such additional evaluation is approved by a majority vote of the SPGA, the SPGA shall determine the additional monies required and shall require those amounts to be paid to the Town.

The SPGA shall notify the applicant in writing, by first-class mail, postage prepaid, of the consultant or consultants chosen and the fees required for such additional evaluation. The SPGA shall notify all other parties in interest by first-class mail, postage prepaid of the nature of the additional evaluation and the choice of consultant.

Such additional fees shall be paid within 10 business days of receipt of notification by the application. Payment shall be by a check certified by a bank doing business in Massachusetts or issued by such a bank. For the purpose of this section, receipt of notification shall be construed to be two business days after the date of written notification to the applicant or the postmark thereon, if such postmark is a later date.

(7)

All fees paid under the provisions of these Regulations shall be deposited in a special account established by the Town Treasurer in the Town Treasury, and shall be kept separate and apart from other monies. The special account, including accrued interest, if any, shall be expended at the direction of the SPGA without further appropriation; provided, however, that such funds shall be expended only in connection with carrying out the responsibilities of such SPGA under law.

(8)

Any excess amount in the account attributable to a specific project, including any accrued interest at the completion of said project, shall be repaid to the applicant or to the applicant's successor in interest, and a final report of said account shall be made available to the applicant or to the applicant's successor in interest. For the purposes of these Regulations, a project shall be deemed complete upon issuance of a final certificate of occupancy by the Inspector of Buildings, or if no certificate of occupancy is required, by written certification by the Inspector of Buildings that the project has been completed to his satisfaction.

(9)

The Town Accountant shall submit annually to the Selectboard a report of such special account for their review. Said report shall be published in the Annual Town Report, and the Town Accountant shall submit a copy of same annually to the director of the bureau of accounts in the Massachusetts Department of Revenue.

(10)

Failure or refusal to pay any fee assessed to the applicant by the SPGA acting under the provisions of these Regulations shall be grounds for summary denial of the special permit application.

Administrative appeal. In the event any party in interest in a special permit proceeding is dissatisfied with any consultant selected by any board, agency or official of the Town to analyze or evaluate any project that is the subject of said permit application, that person may file with the Selectboard a written appeal of the selection.

Any such appeal shall be accompanied by a filing fee of $50 and shall be filed within 10 business days of the appellant's receipt of notification of the selection of the consultant. For the purpose of this section, receipt of notification shall be construed to be two business days after the date of written notification or the postmark thereon if said postmark is a later date.

Any appeal filed under this section shall be administrative in nature and shall be limited in its grounds to claims that the consultant selected has a conflict of interest or does not possess minimum qualifications consisting 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 by the SPGA on the special permit application that is the subject of any such appeal shall be extended by the duration of the administrative appeal. In the event that no decision is made by the Selectboard within one month following the filing of the appeal, the selection of the consultant shall stand.