A.
These are the rules and regulations for special permits
of the Townsend Planning Board.
B.
These rules are adopted under the authority of MGL
c. 40A.
C.
Those appendices identified as "auxiliary" are not
part of these rules but are published together with these rules for
the convenience of applicants, the general public, the Town and the
Planning Board. For editorial convenience, these are numbered consistently
with these rules and regulations.
D.
Purpose. These regulations are adopted for all purposes
provided for in the Zoning Act and Townsend Zoning Bylaw, including
but not limited to protecting the safety, convenience and welfare
of the Town of Townsend and its inhabitants.
A.
These rules may be amended only through the procedures
required by MGL c. 40A and any applicable provisions of the Townsend
Charter or General Bylaws.
B.
Normally this requires a simple majority vote and
filing with the Town Clerk.
C.
The auxiliary appendices may be amended through a
simple majority vote at any properly posted meeting of the Planning
Board.
Unless otherwise indicated by context, the following
terms shall have the indicated definitions:
An account set up by the Town Treasurer in accordance with
the provisions of MGL c. 44, § 53G for the purpose of administering
consulting fees collected according to these rules and regulations.
As used in these rules and regulations, the term "53G account" will
normally refer to those amounts attributable to a specific project.
When not otherwise qualified, any required buffer around
wetlands, perennial streams, wellhead zones, etc.
Any area within the aquifer protection or wellhead protection
overlay districts where the groundwater is closer than seven feet
to the surface, or any other area where the groundwater is closer
than four feet to the surface.
Includes his designee.
Refers to a map scale that is larger than some other map
scale. For example, a scale of one inch equals 40 feet (1:40) is a
larger scale than a scale of one inch equals 100 feet (1:100).
A property that conforms to the Townsend Zoning Bylaw's requirements
for a structure or use or is purported, alleged, intended or proposed
to conform. The use of this term by the Planning Board shall not,
in and of itself, imply any finding, determination or agreement by
the Planning Board that the property actually does conform.
Refers to these rules and regulations for special permits,
excluding the appendices. We use this term to help clarify cross-references;
it does not imply any legal distinction between the main body of the
rules and those appendices that are part of the rules.
Map scale is the ratio of distance on the map to the corresponding
distance on land. For example, if one inch represents 40 feet, then
the map scale is 1":40' or 1/40.
Open space multifamily development, as defined by the applicable
provisions of the Townsend Zoning Bylaw.
Open space preservation development, as defined by the applicable
provisions of the Townsend Zoning Bylaw.
A property that does not conform to the Townsend Zoning Bylaw's
requirements for a structure or use.
A meeting scheduled to occur on a monthly basis, generally
on the same day of the week and same week of the month. This will
include rescheduled dates for such meetings (e.g. when the regularly
scheduled meeting would fall on a state holiday) but does not include
additional meetings scheduled as a result of extra workload or for
specific purposes (even if such additional meeting occurs on the same
day of the week as the regularly scheduled meeting).
Refers to a map scale that is smaller than some other map
scale. For example, a scale of one inch equals 2,000 feet (1:2000)
is a smaller scale than a scale of one inch equals 100 feet (1:100).
MGL c. 41, §§ 81K through 81GG.
Any area defined as a wetland by either MGL or Townsend bylaws.
MGL c. 40A.
All applications for special permits for which
the Planning Board is the special permit granting authority shall
be processed in accordance with these rules.
A.
For any application under these rules and regulations,
the Board may employ an outside consultant at the expense of the applicant.
Fields for which the Board may require a consultant include but are
not limited to: any relevant engineering field, architects, landscape
architects, soil scientists, hydrologists, environmental scientists,
botanists, attorneys, professional planner, real estate appraiser
or broker, licensed construction supervisors, licensed general contractors,
etc.
B.
Where circumstances warrant, in the opinion of the
Board, a specialist or individual with special expertise in a field
may be required.
C.
The Board will normally require the fees to cover
the costs of outside consultants to be deposited in advance with the
Town, in accordance with the provisions of MGL c. 44, § 53G.
Such fees will be deposited in a separate account, and any amounts
remaining in said account after the completion of the associated project
will be refunded to the applicant or successor, in accordance with
these rules and said state law. When the expense of such consultants
exceeds the currently available funds in the 53G account, the applicant
is required to provide such additional and appropriate funds within
14 days of notification by the Board of the required amount.
D.
The choice of outside consultant may be appealed to
the Board of Selectmen. The grounds for such an appeal shall be limited
to claims that the consultant selected has a conflict of interest
or does not possess the minimum required qualifications. The minimum
qualifications shall consist either of an educational degree in or
related to the field at issue or three or more years of practice in
the field at issue or a related field. The required time limits for
action upon an application by the Board shall be extended by the duration
of the administrative appeal. In the event that no decision is made
by the Board of Selectmen within one month following the filing of
the appeal, the selection made by the Planning Board shall stand (but
may be appealed to the courts).
E.
The Planning Board will normally allow 10 days between
the selection of a consultant and the start of work, to give the applicant
an opportunity to file such an appeal, but will begin work sooner
if approval is given by the applicant. If such appeal is made, the
applicant shall notify the Planning Board by certified mail immediately
after filing such appeal with the Board of Selectmen. The Planning
Board, at its earliest opportunity after receiving such notification,
shall direct the consultant to cease work until the appeal is resolved.
The applicant shall be liable for all costs due to the consultant
prior to the direction to cease work.
F.
To the extent that services are provided by Town Counsel
under a flat-rate retainer, such services will not be charged directly
to the applicant. However, should circumstances require employment
of outside counsel (for example, due to a conflict of interest) or
otherwise be billed to the Town for a specific service related to
an application, then such fees will be paid out of the 53G account
or by the applicant. This section does not preclude the charging of
supplemental fees for specific legal services performed by Town Counsel,
with such fees paid to the Town to offset the cost of the Town's retainer
with Town Counsel.
A.
All expenses incurred by the Town for processing an
application shall be borne by the applicant. Whenever any extraordinary
expense occurs that is not covered by the fee structure, such items
may be billed directly to the applicant.
B.
Fees are divided into application, consulting and
supplemental.
C.
Application fees must accompany any application before
the Board under these rules and regulations. They are intended to
cover the general cost to the Town of processing the application,
excluding costs covered by the more specific fees. The general costs
may include indirect costs. Application fees are deposited into the
general treasury of the Town.
D.
Consulting fees are fees to cover the cost of outside consultants and are handled according to the provisions of § 175-26.
E.
Supplemental fees are fees to cover the cost to the
Town of specific services, where such services may be clearly identified
or quantified, and can be expected to vary depending on the project.
Examples include the cost of inspections by the Town Highway Department,
review of bonds, deeds, easements or other documents by Town Counsel,
etc.
F.
If a fee paid by check or other non-cash method is
returned or otherwise uncollectable, then the applicant shall be liable
to the Town for all costs incurred as a result. No resubmission of
the application will be accepted unless accompanied both by the fees
due under the application and the additional amounts required under
this section. The Planning Board may require that all future amounts
due with relation to this application or related applications before
the Planning Board be made by certified or cashiers check. If a fee
is returned or otherwise uncollectable prior to a decision, then application
will be rejected as incomplete. If a fee is returned or otherwise
uncollectable subsequent to a decision, then any approval of such
application is automatically rescinded.
G.
It is the policy of the Board to waive application
and supplemental fees for applications submitted on behalf of the
Town (but not the Water Department, Regional School District or other
Town agencies that are largely financially separate from the Town
nor any project for which revenue other than the Town's property tax
or normal state aid is applicable). This is specifically because charging
a fee in such cases would be accounted as an expenditure from some
budgeted item and as general revenue, without any real explicit cost
to the Town.
H.
The following application fees are hereby established:
[Amended 9-27-2010; 1-2-2013; 9-22-2014]
|
Purpose
|
Amount
| ||
|---|---|---|---|
|
ANR Plan:
| |||
|
Filing fee
|
$75
| ||
|
Per lot and parcel
|
$75
| ||
|
Preliminay Subdivision:
| |||
|
Filing fee
|
$700 and $100 per lot
| ||
|
Consultant fee (53G account)
|
$2,500
| ||
|
Definitive Subdivision:
| |||
|
Filing fee
|
$1,500 and $300 per lot
| ||
|
Consultant fee (53G account)
|
$10,000
| ||
|
Modification
|
$350 and $50 per lot
| ||
|
OSPD
|
$1,000
| ||
|
If applied simultaneously with definitive subdivision
|
$600
| ||
|
OSMD
|
$1,000
| ||
|
If applied simultaneously with definitive subdivision
|
$600
| ||
|
Stormwater Application:
| |||
|
Major stormwater management permit
|
$300
| ||
|
Minor stormwater management permit
|
$150
| ||
|
Telecommunication tower:
| |||
|
New construction
|
$750
| ||
|
Renewal of cell tower special permit
|
$300
| ||
|
Adult Use
|
$2,000
| ||
|
Site Plan/Special Permit:
| |||
|
New construction
|
$1,200
| ||
|
Existing construction (change of use only)
|
$350
| ||
|
Modification/extension
|
$200
| ||
|
Scenic Road Act
|
$150
| ||
|
Layout and Acceptance of Ways Application:
|
$250
| ||
A.
The burden of proof in all matters before the Board
shall be on the applicant.
B.
The submissions required by the Board for any application
form the basis of such proof. However, this does not imply that the
burden of proof may always be met by the required submissions. Where
additional information may be necessary to satisfy the burden of proof
in particular situations, then such information is required, even
though it may not be an explicit requirement for the application.
C.
The burden of proof must be met by the plans and information
provided at the time of application.
A.
Whenever these rules require work to be performed
by or under supervision of a licensed professional, such professional
must have a current license to perform such activity by the Commonwealth
of Massachusetts. Temporary licenses or permits do not qualify. Whenever
work is presented as being done by a person who, if practicing in
Massachusetts, would require a Massachusetts license, then the status
of that person's licensing in Massachusetts and elsewhere must be
described clearly and completely.
B.
All insurance policies, bonds or other such instruments
must be issued by a company licensed to do business in Massachusetts.
If any section, paragraph, sentence, clause
or provision of these regulations shall be adjudged not valid, the
adjudication shall apply only to the material so adjudged, and the
remainder of these regulations shall be deemed valid and effective.
