[HISTORY: Adopted by the Board of Selectmen of the Town of
Great Barrington 6-5-1995, as amended through 9-5-1995. Subsequent amendments noted where applicable.]
A.
Meeting schedule.
(1)
Selectmen's meetings are held in the Selectmen's meeting
room at the Town Hall every Monday evening starting promptly at 7:00
p.m. unless otherwise scheduled. In addition, the Board reserves the
right to schedule additional meetings as might be needed.
[Amended 6-1997]
(2)
The Monday evening meetings of the Board of Selectmen shall be used
to conduct regular business of the Board. The Wednesday afternoon
Selectmen's meetings shall be held predominantly as informational
sessions; however, nothing shall prevent the Board from acting on
behalf of the Town during these Wednesday meetings if, in the Board's
opinion, to delay action would not be in the best interest of the
Town.
(3)
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 meet on the Tuesday following the holiday.
B.
Notice of meetings. The Town Manager on behalf of the Chairman is
responsible for filing a notice of the meeting with the Town Clerk
in accordance with the Open Meeting Law.
C.
Meeting procedures.
(1)
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 of 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.
(2)
A quorum shall consist of three members of the Board. At times when
only three members are present, for a vote to be considered a majority,
all three members must vote similarly. Action on critical or controversial
matters, the adoption of policy, appointments, special permits, etc.
shall be taken only when the full Board is in attendance, unless one
member, because of illness or some other problem beyond his control,
cannot participate for an extended period of time.
(3)
Any rules or procedures as to functioning of this Board may be amended,
repealed or otherwise acted upon by a majority vote, at a duly posted
meeting of the Board of Selectmen, provided that a quorum of members
is in attendance. A quorum of members for this business shall not
be less than five members.
(4)
Although the press and the public have the right to be present at
any open meeting, they have no right to participate unless they are
recognized by the Chairman.
(5)
The Chief of Police shall be present at all regularly scheduled Monday
evening business meetings.
A.
The Chairman. The Chairman is chosen by fellow Selectmen to serve
a term of one year. The responsibilities of the Chairman include:
preparation of the agenda for all Selectmen's meetings with the
Town Manager, calling meetings of the Board, presiding over all meetings
and public hearings, recognizing others to speak during each meeting
and encouraging complete discussion of all relevant issues before
the Board. In addition, the Chairman must, through the Secretary of
the Board of Selectmen, assure that the minutes of every Board meeting
are properly recorded and filed. This responsibility specifically
includes ensuring that all votes are taken accurately and recorded
in the minutes of the meeting. Being Chairman does not mean the Chairman
forfeits the right to vote on any matter or the right to express himself
as a Board member.
B.
Vice Chairman/Clerk. The Vice Chairman/Clerk is responsible to act
as Chairman in the Chairman's absence. In addition, when fulfilling
the role of Clerk, he is subject to the direction of the Board and
the Chairman.
A.
The responsibility for preparing the agenda for the Selectmen's
meetings falls to the Chairman of the Board and the Town Manager.
The deadline for having requested items on the agenda is 4:00 p.m.
the Thursday of the week prior to the next scheduled meeting. In addition,
whenever possible, citizens shall be encouraged to notify the Board
of their intention to raise issues during the citizen speak portion
of the agenda so that preliminary research on the matter, the inviting
of key municipal employees and other efforts to appropriately address
the issue can be done.
B.
All discussion items requested by members of the Board shall be placed
on the agenda.
State law and various Town bylaws require the Selectmen to hold
public hearings on certain issues before any action can be taken.
Public hearings are also held at the request of the citizens. The
Board will schedule the dates for the hearings.
A.
The Chairman will open the hearing by identifying the purpose of
the hearing, the identity of the Board for the purpose of the hearing
and the rules to be followed during the hearing. The Chairman will
ask for a motion to open the public hearing to be voted on by members
of the Board.
B.
If testimony at the hearing must be given under oath, a five-minute
recess will be taken to permit speakers to register with the meeting
recorder. When the hearing is to be reconvened, the Chairman or Town
Clerk will render the oath in front of all present. The Selectmen
have the authority to subpoena a person or relevant information.
C.
The basic format of the hearing will be:
(1)
Chairman will read pertinent correspondence.
(2)
Arguments: proponents.
(3)
Questions: Board of Selectmen.
(4)
Questions: public.
(5)
Arguments: opponents.
(6)
Questions: Board of Selectmen.
(7)
Questions: public.
(8)
Concluding statement/rebuttal: proponents (five-minute limit).
(9)
Concluding statement/rebuttal: opponents (five-minute limit).
D.
No questions will be permitted until after the speaker has finished
his or her presentation. All questions from the public will be addressed
through the Chairman. Questioners will identify themselves to the
Chairman, state their question and specify to whom it is addressed.
E.
At the conclusion of the arguments, citizens may record themselves
in agreement with the speaking side without making another presentation.
This provision is designed to reduce repetition.
F.
A motion to close the public hearing must be made by a member of
the Board and voted upon. Prior to the closing of the hearing, the
Board will announce what its next action will be.
A.
Authority and jurisdiction. These rules and regulations are established
and promulgated by the Selectmen of Great Barrington pursuant to the
provisions of MGL c. 40A, § 9, as amended; Chapter 593 of
the Acts of 1989, and § 171-40 of the Great Barrington Code,
and are intend to augment and complement said statutes and the Great
Barrington Code.
B.
When effective. These rules and regulations shall take effect upon
a majority vote of the Selectmen 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.
C.
Applications.
(1)
Applications for special permits shall be filed with the Town Clerk
on either Form SP-1 (short form) or SP-2 (long form) 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 by 14 inches.
(a)
The long form (SP-2) shall be used for any special permit application
under the following subsections of Chapter 171-16 of the Great Barrington
Code.
[1]
Subsection A(5), Housing for the elderly.
[2]
Subsection A(7), Trailer or mobile home parks.
[3]
Subsection A(8), Planned unit residential development.
[4]
Subsection A(9), Cluster development.
[5]
Subsection B(2)(b), Private schools and other educational uses,
including group residences not regulated in Subsection B(2)(a).
[6]
Subsection B(7), Hospitals, sanitariums, nursing or convalescent
homes, etc.
[7]
Subsection B(8), Golf or country clubs.
[8]
Subsection B(9), Commercial amusements.
[9]
Subsection B(10), Riding stables.
[10]
Subsection B(11), Ski tows.
[11]
Subsection B(12), Summer camps (not less than 10 acres).
[12]
Subsection B(13), Camping facilities.
[14]
Subsection C(8), Hotels.
[15]
Subsection C(11), Public garages.
[16]
Subsection C(12), Gasoline service stations.
[17]
Subsection C(13), Lumberyards and fuel storage and sales, excluding
gasoline stations.
[18]
Subsection C(16), Institutional administrative offices or professional
offices (if in R2/R4 Districts, special requirements exist).
[21]
Subsection E(7), Nonmunicipal water towers, reservoirs, water
pumping stations or treatment plants.
[22]
Subsection F(1), Contractor's yard.
[23]
Subsection F(2), Gravel, loam, sand and gravel pits.
[24]
Subsection F(3), Light manufacturing.
[25]
Subsection F(4), Sawmills and manufacturing of forest products
(special provisions).
(b)
All other special permit applications may be filed on Form SP-1
(short form) unless the Inspector of Buildings or the Special Permit
Granting Authority (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.
(2)
Elevation contours on plans submitted with any application filed
under § 171-16F(2) 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.
(3)
(4)
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 predevelopment 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 D of this section.
(5)
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 Chapter 171, Zoning, Article VIII, Off-Street Parking and Loading, of the Great Barrington Code 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.
(6)
If requested by the Planning Board, an application for special permit
shall be accompanied by a landscaping plan satisfactory to that Board,
and the Planning Board shall certify in writing to the SPGA its approval
of the plan before the SPGA acts on the application. Shall a continuance
of the hearing be necessary to complete and certify such plan, it
may be granted by the SPGA upon request of the Planning Board.
(7)
In the event that a continuance of the special permit hearing or decision beyond the statutory time limit of 155 days from the date of application 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 under the provisions of § 171-44B of the Great Barrington Code. 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 Chapter 171 of the Code as required by § 171-45B(1) and shall be grounds for rejection of the special permit application.
D.
Schedule of fees.
(1)
The minimum filing fee for a special permit shall be $100. 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.
(2)
Employment of experts or consultants.
(a)
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.
(b)
Upon determination by the SPGA of the moneys 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.
(c)
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 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.
(d)
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 moneys required
and shall require those amounts to be paid to the Town.
(e)
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.
(f)
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.
(3)
Establishment of special account.
(a)
All fees paid under the provisions of Subsection D(2) 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 moneys. 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.
(b)
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 this regulation, 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.
(c)
The Town Accountant shall submit annually to the Selectmen 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.
(4)
Failure or refusal to pay any fee assessed to the applicant by the
SPGA, acting under the provisions of this regulation, shall be grounds
for summary denial of the special permit application under the provisions
of §§ 171-40 and 171-41 of the Great Barrington Code.
E.
Administrative appeal.
(1)
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 Selectmen a written appeal of the selection.
(2)
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.
(3)
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.
(4)
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 Selectmen within the one month following the
filing of the appeal, the selection of the consultant shall stand.
(5)
Such an administrative appeal shall not preclude further judicial
review, if otherwise permitted by law, on the grounds provided for
in this section.
F.
Severability. The invalidity of any section or provision of these
rules and regulations shall not invalidate any other section or provision
thereof, nor shall it invalidate any special permit previously issued,
not proceeding previously conducted thereunder.
G.
Filing of record of proceedings and order of conditions. The Town
Manager shall file the order of conditions and the record of proceedings
on any special permit with the Town Clerk within 30 days following
the Board of Selectmen's vote approving or denying the special
permit.
A.
If a permit application is filed between Selectmen's meetings and the application, if not obtained before the next Selectmen's meeting, would cause the applicant irreparable harm, the Chairman will have authority to call an emergency meeting of the Board of Selectmen. As stated above in § 189-1, Meetings, a quorum will consist of at least three members, though any decision of a critical or controversial nature shall be postponed until the full Board can reasonably be in attendance.
B.
An alternative to the calling of the emergency meeting is for the
Board of Selectmen to agree to discuss this particular license in
the next scheduled Wednesday afternoon meeting rather than wait for
the next scheduled business meeting.
C.
Whenever possible, the license review process will be moved to the
next business meeting of the Board of Selectmen.
A.
All citizens shall have the right to speak for a period not to exceed
five minutes after being recognized by the Chairman, unless a majority
of the Board grants permission for the discussion to continue longer.
B.
Citizens who choose to speak during citizen speak time shall have
the opportunity to address the Board of Selectmen once during each
meeting.
C.
No citizen shall criticize another citizen or public official unless
that individual is present. If not present, the discussion shall be
moved to the next regularly scheduled business meeting at which both
persons can be present.
D.
If, in the judgment of the Chairman, either acting on his own or
at the request of another member of the Board, the topic or manner
in which the topic is presented is not done in an acceptable fashion,
the Chairman may rule the citizen out of order, and the citizen will
lose the right to speak.
A.
The applicant for any special permit sought from the Board of Selectmen
must submit to the Town Manager all documents, maps, plans, etc. by
4:00 p.m. of the Wednesday prior to the public hearing on said permit.
The Board of Selectmen shall allow no changes in the special permit
application unless all boards claiming jurisdiction over the matter
involved in the special permit request shall have reviewed and commented
on those changes.
B.
Any nonprofit organization seeking a license from the Board of Selectmen
and that wishes the fees for that license waived by the Board of Selectmen
shall file with the Town Manager a copy of its tax exempt I.D. number
at the time it applies for the license.
C.
The Board of Selectmen may extend the no parking ban beyond the November
1 to April 1 time period if conditions require such action or if an
emergency of any kind requires such action. The Chairman may order
the parking ban into effect after informing the other Board members
of his/her decision to do so.
