A.
This bylaw shall be enforced by the Building Inspector
under the authority of the Select Board.
[Amended 6-15-2021 ATM, Art. 20]
B.
If the Building Inspector charged with the enforcement
of the Zoning Bylaw is requested in writing to enforce the bylaw against
any person allegedly in violation of the same and the Building Inspector
declines to act, he shall notify, in writing, the party requesting
such enforcement of any action or refusal to act, and the reason therefor,
within 14 days of receipt of such request.
[Added 2-26-1979 STM, Art. 6]
C.
Rate of development.
[Added 6-11-2007 ATM, Art. 18]
(1)
Purpose. The purposes of this subsection, Rate of
development, are to (a) promote orderly residential growth in the
Town of Barre, consistent with the rate of growth over the last 10
years (expressed herein as building permits issued for new dwelling
units); (b) phase growth so that it will not unduly strain the community's
ability to plan for and provide basic public facilities and services;
(c) provide the Town and its boards and agencies the information and
reasonable time necessary to preserve and enhance existing community
character, safety, health, and the value of property; (d) ensure the
greatest degree of fairness and equal opportunity to all in the distribution
of available building permits, and (e) allow time for the Town to
initiate and complete a master planning process and make associated
revisions to its zoning bylaws, subdivision control regulations, and
other local land use laws.
(2)
General. Beginning on the date of the adoption of this bylaw, building permits (hereinafter, "permits") for no more than 35 new dwelling units shall be issued in calendar years 2007, 2008, 2009, 2010 and 2011. More than 35 permits may be issued in one year if Subsection C(3)(e) below applies. For the purposes of this subsection, a one-family structure shall constitute one dwelling unit, a two-family structure (duplex) shall constitute two dwelling units, an accessory apartment shall constitute one dwelling unit, and a one-family structure with an accessory apartment shall constitute two dwelling units.
(3)
Procedures. Any permits shall be issued in accordance
with the following procedures:
(a)
Any natural person, partnership, corporation,
realty trust or legal entity may apply for no more than two permits
in any given month. In the case of an application constituting greater
than two dwelling units, the aforesaid interval shall be two months.
For the purposes of this subsection, subsequent applications in the
same one-month or two-month period, as the case may be, by any natural
person, partnership, corporation, realty trust or legal entity which
in any way may be construed as having a common ownership, interest
or control with previous applications in the same month or months
are prohibited, and shall be returned to the applicant.
(b)
Permits shall be issued on or before Friday
(or, in case of a holiday, on whatever day is the last day of the
week that the offices of the Building Inspector are open for business)
of each week by the Building Inspector (following approval by the
Building Inspector). The Building Inspector shall act on each permit
in order of submission. Any permit application that is incomplete
or inaccurate shall be returned to the applicant and shall require
a new submission.
(c)
From the first Friday in January through the 15th Friday of the year, either no (0) permit if there are no approved applications awaiting issuance, or two permits if there is one or more approved applications awaiting issuance, shall be issued in any given week. If all 35 permits have not been issued by the 15th Friday of the year, the remaining permits shall be issued for approved applications at the rate of one or more per week until 35 permits are issued for that year. Should the Building Inspector issue 29 permits and subsequently receive a permit application for a two-family or multifamily structure, the application shall be passed over and retained by the Building Inspector. [See Subsection C(3)(g) below.] In circumstances where Subsection C(3)(e) below, applies, there may be more than 35 permits available for issuance.
(d)
The Building Inspector shall mark each application with the time end the date of submission, and shall act on each application in a timely manner. He/she shall issue approved permits in accordance with the schedule in Subsection C(3)(c) above. If the Building Inspector has more approved permits in any given week, than he/she is authorized to issue, the Building Inspector shall retain said permits to be issued in the order in which the applications were submitted.
(e)
If any permit is deemed abandoned or invalid
in the same calendar year in which it was issued, then it shall be
returned and counted as an additional permit available for issuance
during that same calendar year. A permit which is deemed abandoned
or invalid in a calendar year different from the year in which it
was issued shall be returned and counted as an additional permit to
be issued during the calendar year in which it is deemed abandoned
or invalid only if 1) there were more approved applications for permits
then were issued in the year when the said permit was issued, and
2) if there are any intervening years between the calendar year of
issuance and calendar year in which said permit is deemed abandoned
or invalid, there were also more approved applications for permits
than were issued during all of those intervening years.
(f)
Permits not issued in any calendar year shall
not be available for issuance in any subsequent year.
(g)
By the first Friday of January during any calendar
year in which this subsection of this bylaw is in effect, the Building
Inspector shall determine whether or not each approved application
for which a permit has not been issued during the previous calendar
year shall be retained. Upon being informed in writing by the applicant
before said first Friday in January that the applicant desires the
application to remain in effect, the Building Inspector shall continue
to treat said application as an approved but not issued application
in accordance with this section. All approved applications for which
a permit has not been issued, and for which the applicant has not
informed the Building Inspector in writing by the said first Friday
in January of the applicant's desire for the application to remain
in effect shall not be retained, and the application shall be returned
to the applicant.
(h)
The maximum number of permits to be issued for
the remainder of calendar year 2007 shall be 35. All provisions of
this subsection shall apply to said issuance except that the period
of permit issuance may commence on the first Friday following adoption
of this bylaw.
(4)
Affordable housing. Except as provided herein and upon a determination by the Planning Board under a special permit, dwelling units which meet special needs in affordable housing provision shall be exempt from the provisions of this subsection. Such special permit shall be granted if said dwelling units are housing units that are eligible for inclusion in the Town's "Subsidized Housing Inventory" for purposes of G.L. Chapter 40B as determined by the Massachusetts Department of Housing and Community Development. Affordable dwelling units exempted under this Subsection C(4) shall nevertheless be counted toward the 35 permit yearly maximum established in Subsection C(2), above.
(5)
Exemptions. The provisions of this section shall not
apply to, nor limit in any way, the granting of building or occupancy
permits required far enlargement restoration, rehabilitation, or reconstruction
of dwellings existing on lots as of the date of passage of this bylaw.
(6)
Relation to real estate assessment. Any land owner denied the issuance of an approved permit because of the provisions in sections may appeal to the Board of Assessors, in conformity with the General taws of Massachusetts Chapter 59, Section 59, for a determination as to the extent to which the temporary restriction on development of such land shall affect the assessed valuation placed on such land for purposes of real estate taxation, and for abatement as determined to be appropriate.
(7)
Severability. If any provision of this bylaw is held
invalid by a court of competent jurisdiction, the remainder of the
bylaw shall not be effected thereby. The invalidity of any section
or sections or parts of any section or sections of this bylaw shall
not affect the validly of the remainder of the Barre Zoning Bylaw.
No building permit shall be issued until the
construction or alteration of a building or structure, as proposed,
shall comply in all respects with the provisions of the bylaw or with
a decision rendered by the Board of Appeals. Any application for such
a permit shall be accompanied by a plan, accurately drawn, showing
the actual shape and dimensions of the lot to be built upon, the exact
location and size of all buildings or structures already on the lot,
the location of new buildings and structures to be erected, the existing
and intended use of each building or structure and such other information
as may be necessary to provide for the execution and enforcement of
this bylaw.
No land shall be occupied or used, and no building
or structure which was erected or structurally altered after the first
passage of applicable provisions of this or any prior bylaw or any
amendment thereto shall be occupied or used in whole or in part for
any purpose unless a certificate of occupancy has been issued by the
Building Inspector. Such certificate shall state that the structure
and use of structure and land comply in every respect with the provisions
of this bylaw in effect at the time of issuance.
A.
There is hereby established a Board of Appeals, also
known as "Zoning Board of Appeals," of three members and two associate
members to be appointed by the Select Board as provided in the General
Laws, Chapter 40A. The Board of Appeals shall establish procedures
consistent with the provisions of this bylaw and with the provisions
of Chapter 40A or other applicable provisions of the General Laws,
and shall file a copy thereof with the Town Clerk. The Board of Appeals
shall have the following powers and duties:
[Amended 6-17-2002 ATM, Art. 31; 6-15-2021 ATM, Art. 20]
(1)
Appeals. To hear and decide appeals taken by any person
aggrieved by reason of his inability to obtain a permit from the Building
Inspector under the provision of General Laws, Chapter 40A, or by
any officer or board of the Town of Barre or by any person aggrieved
by any order or decision of the Building Inspector in violation of
any provision of General Laws, Chapter 40A, or of this bylaw.
B.
Variances. A variance may be granted, after public
hearing, by the Zoning Board of Appeals where the Board finds that:
[Amended 2-26-1979 STM, Art. 6]
(1)
Special circumstances relating to soil conditions,
shape or topography of the land or structures exist on the particular
parcel, and
(2)
These special circumstances specifically affect the
particular parcel involved and do not generally affect other parcels
in the same zoning district in which the parcel is located, and
(3)
A literal interpretation of the provisions of the
zoning bylaw would involve substantial hardship to the petitioner
either financial or otherwise, and
(4)
Desirable relief might be granted to the petitioner
without substantial detriment to the public good and without nullifying
or substantially derogating from the intent and purpose of the bylaw.
[Amended 6-12-2000 ATM, Art. 42]
Any person, firm or corporation violating any
section or provision of this bylaw shall be fined not more than $300
for each offense. Each day that willful violation continues shall
constitute a separate offense.
[Amended 2-26-1979 STM, Art. 6]
This bylaw may be amended from time to time
in accordance with the provisions of MGL, c. 40A, § 5.
No proposed change in this bylaw which has been
unfavorably acted upon by the Town Meeting shall be considered on
its merits by the Town Meeting within two years after the date of
such unfavorable action unless adoption of the proposed change is
recommended in the final report of the Planning Board. No application
for a special permit and no appeal or petition for a variance which
has been unfavorably acted upon by the Board of Appeals shall be considered
on its merits by said Board within two years after the vote of such
unfavorable action except with unanimous consent of the Planning Board.
The invalidity of any section or provision of
this bylaw shall not invalidate any other section or provision thereof.
This bylaw shall not interfere with or annul
any other Town bylaw, rule, regulation, or permit provided that, unless
specifically excepted, where this bylaw is more stringent, it shall
control.
[Added 2-26-1979 STM, Art. 7]
A.
The Planning Board shall be designated as the Special
Permit Granting Authority.
B.
The Planning Board shall hear and decide applications
for special permits for exceptions as provided in this bylaw, subject
to any general or specific rules therein contained and subject to
any appropriate conditions and safeguards imposed by the Board.
[Amended 6-12-2000 ATM, Art. 42]
C.
A special permit shall be issued only after a public
hearing. Any application for a special permit shall be forwarded by
written notification from the Special Permit Granting Authority to
the Board of Health, Conservation Commission, and Select Board, who
shall have an opportunity, within 35 days of such notification, to
report its recommendations in writing to the Special Permit Granting
Authority. That a special permit shall lapse if substantial use of
said permit has not commenced within two years.
[Added 2-26-1979 STM, Art. 6; amended 6-13-2005 ATM, Art.
30; 6-15-2021 ATM, Art.
20]
[Added 6-14-1999 ATM, Art. 47]
The Planning Board shall have an associate member
to be elected annually at the annual Town election for a term of one
year pursuant to MGL c. 40A, § 9.
[Added 6-14-1999 ATM, Art. 47]
The cost of legal notices shall be borne by
the applicant with a deposit required from the applicant at time of
application.
