BYLAWS for CBA CC, HC, PB, and ZBA current as of 6_5_2010Bylaws and Rules of Procedure for the
Central Business Architecture, Conservation Commission, Historic District Commission, Historical Commission, Planning Board, and Zoning Board
Section One: Shared Procedures
§ 1.1 -- Appointing Authority-
The Mayor makes all appointments to the respective boards. Appointments are confirmed by City Council. Terms and composition of Boards are described within each section below.
§1.2 – Permit Applications:
Applications for all permits shall be prepared in accordance with the procedures in the applicable statutes, ordinances, and regulations and the instructions on and attached to the application
form. Every application for action by the Board shall be made on the official application form published on-line by the Office of Planning and Sustainability.
§ 1.3 – Records at the Office of Planning & Development
The Office of Planning & Development, acting as staff/agent for the Planning Board, Zoning Board, Central Business Architecture Committee, Conservation Commission, Historical Commission,
and Historic District Commission shall be responsible for preparing, keeping and maintaining all official records and documents:
§ 1.4 – Procedure for Adopting & Amending:
These By-laws and Rules of Procedures may be adopted and subsequently amended at any regular meeting by a majority vote of the applicable Board, provided that any original proposal or
amendment shall have been proposed at a regular meeting immediately preceding that during which a vote is taken, and further provided that all members are mailed, emailed, or otherwise
provided copies of the proposal.
§ 1.5 – Notice of Board Meetings:
Notice of all regular meetings will be delivered, emailed, or mailed (postmarked) to members of the board and posted with the City Clerk, no later than the Monday prior to the meeting,
and notices of all regular and special meetings shall be posted in City Hall at least 48 hours prior to the time of the meeting.
§ 1.6 – Public Hearings:
Notice of hearings shall be advertised as required by law. Public hearings shall be held as required by law and for any other item for which the Board finds such a hearing will be useful.
§ 1.7 – Conduct of Public Hearings:
Public Hearings, which may take place during regularly scheduled meetings, will be advertised in accordance with the applicable provisions of the State Statutes which governs it. Public
Hearings will be conducted in the following manner:
The Chair will announce that it is time for a Public Hearing and will announce the subject of such hearing.
The Chair will review evidence of adequate advertisement and legal notice. The Chair will then explain the procedure to be followed, including the time limits on speakers and the fact
that each speaker shall give his name and address for the record. The Chair will then announce that the Public Hearing will begin.
The Chair will report on or ask staff to report on the issues that have to be addressed and resolved by the board and the relevant sections of law and regulations, any new or changed
information pertinent to the subject, and all memoranda, opinions, comments and recommendations of City departments or boards pertinent to the matter.
The applicant and their representatives or project staff person will then make a presentation regarding the matter and the board may ask questions.
The public will be invited to testify and make relevant comments or ask relevant questions.
After the public has been heard, the Chair will then allow the applicant and/or project staff person to respond to any issues/questions. The Chair will then have all letters received
concerning the matter entered into the record.
The Chair will then call for a general Planning Board discussion or question and answer period. Only the Chair may recognize speakers and shall refer questions to the appropriate persons.
At any point, a public hearing may be continued or postponed to a time, place and date certain, provided that these rules and procedures are adhered to when it is resumed, or may be
continued or postponed to a time, place and date not certain, providing required advertising and notice procedures are followed to announce the time, place and date of resumption.
Any information presented to/at a hearing by members of the public may only be done so after the person presenting agrees to provide a paper/or electronic copy of such presentation.
§ 1.8 – Public Participation during Meetings:
During a regular meeting, members of the general public will only be allowed to address the Chair or Board upon the invitation of the Chair or invitation of a Board member and consent
of the quorum. If the Chair determines that a meeting or Public Hearing is becoming too disorderly to properly conduct business, he/she may request a motion for a recess. In addition,
the Chair may ask for a vote to eject unruly members of the audience pursuant to the General Laws. A majority of the quorum will carry the motion.
§ 1.9 – Quorum and Attendance at Regular Board Meetings:
A majority of the authorized membership of the Board will constitute a quorum and must be present to conduct a meeting.
Any Member who misses more than three consecutive meetings, should consider resigning from the Board.
Section 2: Northampton Planning Board
§ 2.1 – Board Composition-
The Planning Board consists of 9 members comprised of 7 regular members and 2 associates. Members are appointed for 5 year terms on a staggered schedule. Associate members may vote
on all actions except the adoption of plans and the approval of subdivisions, as further detailed below.
§2.2—Purpose and Intent
These Bylaws and Rules of Procedure shall govern the operation of meetings and business before the Northampton Planning Board in carrying out its duties and responsibilities. Where
there appears any conflict between these Rules and any law, city ordinance, or subdivision regulations, the law, ordinance, and regulations shall govern.
For any item of parliamentary procedure not governed by these rules or by appropriate laws, the Chair’s ruling, subject to override by a majority of the Board, will govern.
§ 2.3-- Election of Officers and Appointment to Committees
A Chair and Vice Chair shall be elected by a majority of the quorum at the first meeting in April of each year. Standing committees, representatives to other organizations, and members
authorized to sign Approval Not Required plans shall be appointed at this meeting. Vacancies will be filled in the same manner at the next meeting of the Board following receipt
of a notice of vacancy Associate members are permitted to participate in these acts.
A Planning Board member may serve as Chair or Vice Chair for 3 consecutive years, after which he/she shall not be eligible to be nominated for the same position until one year has passed.
However, a two-thirds (2/3) vote of the Board can waive this provision.
§ 2.4 – Chair: Powers and Duties
The Chair shall preside at meetings, establish agenda, call special meetings, represent the Board in certain matters, and have the power to appoint board members to standing and special
committees. The Chair may vote on all matters coming before the Board and may participate in debate.
Prior to the commencement of a Special Permit or Site Plan Public Hearing only (does not include Subdivision hearings or actions on Comprehensive Plans), the Chair shall designate Associate
Planning Board member(s), on a rotating basis, to sit in the event that any board member is absent, unable to act, or has a conflict of interest. When acting on any permit, there shall
not be more than seven Board members voting on any Site Plan or Special Permit application.
§ 2.5 - Vice Chair: Powers and Duties:
The Vice Chair shall carry out the functions of the Chair in his/her absence.
§ 2.6 – Associate Members: Powers and Duties:
Associate Members shall be designated to sit on the Board by the Chair, as outlined under Section 2.3 above. Associate members may participate as non-voting members in any other matters
before the Board. Associate members are not allowed to vote on any permit requiring Subdivision Approval, or on approvals of components of Master/Comprehensive Plans, or to hold office.
§ 2.7 – Meetings:
Regular meetings of the Board will be held on the second and fourth Thursdays of each month beginning at 7:00 p.m. in the City Council Chambers, Wallace J. Puchalski Municipal Building,
212 Main Street, Northampton, or such other time and/or place as is available for staff to coordinate meeting space.
Any Member or Associate member who misses more than three consecutive meetings, or misses more than 25% of the meetings in one calendar year, should consider resigning from the Board.
Special meetings may be called by the Chair at a time and location generally convenient to the Public. There shall be at least 48 hours notice given for a special meeting except for
emergencies, as defined by state statute.
The Board may also hold other types of public meetings, subcommittee meetings, information sessions, workshops in which the public is invited to participate.
§ 2.8 – Votes of the Board:
Unless otherwise stated within these Rules and Regulations or as stated within applicable statues and regulations of the Commonwealth of Massachusetts, the majority of the quorum is
required for a passing vote, except for Special Permits, where a super majority(5) is required for a passing vote.
Section Three: Northampton Zoning Board
{proposed regulatory changes to:
Move procedures shared with other board to section 1.
Drop language on what should be in an application that duplicates what the application form requires.
Drop language which repeats state statutes (and in some cases may be based on earlier versions)
Move review fees (also same process as other boards) to section 8
Generally revise and streamline bylaws}
§3.1 - Officers
At the first regular meeting of each calendar year, the Board shall elect officers of the Board to include a Chair and Vice Chair. Associates do not participate in this act.
§ 3.2 - Chair: Powers and Duties
The Chair shall vote and be recorded on all matters coming before the Board. Subject to these rules, he/she shall decide all points of order, unless overruled by a majority of the Board
in session at the time. He/she shall appoint such committees as may be found necessary or desirable. He/she shall represent the Board as necessary.
§ 3.3 - Vice-Chair
The vice-Chair shall act as Chair in case the Chair is absent, disabled or otherwise unable to perform his/her duties.
§ 3.4 - Associate Members
Two associate members are appointed by the Mayor and confirmed by City Council, in accordance with the Northampton Zoning Ordinance and M.G.L. chap. 40A, §12. The Chair of the Board
shall designate an associate member to sit on the Board in case of the absence, inability to act or conflict of interest on the part of any Board member. In the event of a vacancy on
the Board, the Chair may designate an associate member to act as a member of the Board until someone is appointed to fill the unexpired portion of the vacated term. Associate members
may participate in any discussion of bylaws and other procedural matters.
§ 3.5 – Quorum and Votes of the Board
The Zoning Board has three members and two associate members, as established in §10.9 of the Northampton Zoning Ordinance. The sitting Zoning Board is a three person board. Three person
boards require three members or associates to be present for a quorum.
The concurring vote of the three sitting members of the Board shall be necessary in any action taken by the Board, except that a simple majority of the Board shall be required to grant
a Comprehensive Permit. The record shall show the vote of each member upon each question or, if absent or failing to vote, indicate such fact. It shall, in addition, set forth clearly
the reason or reasons for its decisions.
§ 3.6 - Meetings
Regular meetings of the Board of Appeals shall be held at such time and place as designated by the Chair.
Special meetings may be called by the Chair, or at the request of two members. Written notice thereof shall be given to each member at least forty-eight hours before the time set. Notices
shall be posted publicly as required by law.
§ 3.7 – Zoning Administrator
The Zoning Administrator shall be either a full member or an associate member of the Zoning Board and serve on a rotational basis at the 4:00 PM Zoning Administrator Hearings to review
Findings.
3.8 Comprehensive Permit Rules and Application
These rules establish procedures for applications to the Zoning Board of Appeals for Comprehensive Permits granted under the Anti-Snob Zoning Act M.G.L. c.40B, as amended and by 760
CMR 31.02. The purpose of that act and these rules is to facilitate the development of affordable housing in Massachusetts. These rules must be read in conjunction with the complete
regulations of the Housing Appeals Committee, 760 CMR 30.00 and 31.00, the Guidelines for Local Review of Comprehensive Permits, published periodically by the Executive Office of Communities
and Development and these Rules and Regulations.
The application for a Comprehensive Permit shall consist of the following (see also 760 CMR 31.02(2)):
Preliminary site development plans showing the locations and outlines of proposed buildings; the proposed locations, general dimensions and materials for streets, drives, parking areas,
walks and paved areas; and proposed landscaping improvements and open areas within the site. An applicant proposing to construct or rehabilitate four or fewer units may submit a sketch,
which need not have an architect's signature, of the items required by this paragraph and paragraph (c) below. All structures of five or more units must have site development plans
signed by a registered architect;
A report on existing site conditions and a summary of conditions in the surrounding areas, showing the location and nature of existing buildings, existing street elevations, traffic
patterns and character of open areas, if any, in the neighborhood. This may be combined with that required in paragraph (a), above;
Preliminary architectural, scaled drawings for building plans including typical floor plans, typical elevations and sections, and identifying construction type and exterior finish, signed
by a registered architect;
A tabulation of proposed buildings by type, size (number of bedrooms, floor area) and ground coverage, and a summary showing the percentage of the tract to be occupied by buildings,
by parking and other paved vehicular areas, and by open areas;
Where a subdivision of land is involved, a preliminary subdivision plan;
A preliminary utilities plan showing the proposed location and types of sewage water and drainage facilities including hydrants;
Documents showing that the applicant fulfills the jurisdictional requirements of 760 CMR 31.01:
The applicant is a public agency, a non-profit organization, or a limited dividend organization; and
The applicant controls the site; and
The project is fundable under a low and moderate income housing program; or
is a local initiative proposal eligible for a Comprehensive Permit pursuant to 760 CMR 45.04 and Northampton's adopted local Initiative Plan, including documents showing that the project
will be affordable for a minimum of 99 years, and
A list of requested exceptions to local codes, ordinances, and regulations, including the zoning ordinance, subdivision regulations, and wetlands protection ordinance.
§3.9 – Comprehensive Permit Public Hearing and Decision
1: The Board shall hold a public hearing on the application within thirty days of its receipt. It may request the appearance at the hearing of such representatives of local officials
as it considers necessary or helpful in reviewing the application. In making its decision, the Board shall take into consideration the recommendations of local officials.
2: The Board shall render a decision, based on a majority vote of the Board, within forty days after termination of the public hearing, unless such time period is extended by written
agreement of the Board and the applicant. The hearing is deemed terminated when all public testimony has been received and all information requested by the Board has been received.
3: If a subdivision of land is involved, the Board must render a decision on the basis of the information in the record. The following shall apply:
No construction is permitted until a Definitive Subdivision Plan has been submitted to and approved by, with reasonable conditions, the Board.
Definitive Subdivision Plans shall be prepared and submitted in accordance with the Planning Board's "Rules and Regulations Governing the Subdivision of Land in the City of Northampton,"
except when the Board has granted waivers of those regulations. The Zoning Board and not the Planning Board is the permit granting agency.
4: The Board may dispose of the application in the following manner:
Approve a Comprehensive Permit on the terms and conditions set forth in the application,
Approve a Comprehensive Permit with conditions with respect to height, site plan, size, shape or building materials, plans easements, and filing requirements that do not render the construction
or operation of such housing uneconomic, or
Deny a Comprehensive Permit as not consistent with local needs.
Section Four: Northampton Conservation Commission
Section Five: Northampton Central Business Architecture Committee
Section Six: Northampton Historical Commission
Section Seven: Northampton Historic District Commission
Section Eight: Review Fees for Zoning and Wetland Applications
§ 8.1 – Determination to Require Review Fees:
If, after receiving an application the Zoning Board, Planning Board, or Conservation Commission determines that in order to properly review and process that application it requires technical
advice unavailable from municipal employees or departments, it may employ outside consultants. Whenever possible the Board shall work cooperatively with the applicant to identify appropriate
consultants and to negotiate payment of part or all of consultant fees by the applicant. Alternatively, the Board may, by majority vote, require that the applicant pay a reasonable
review fee in accordance with M.G.L. c. 44, § 53G for the employment of outside consultants chosen by the Board alone.
A review fee may be imposed only if:
The work of the consultant consists of review of studies prepared on behalf of the applicant, and not of independent studies on behalf of the Board.
The Board finds that an adequate review cannot be performed by city employees/contractors.
The work is in connection with the applicant’s specific project, and
All written results and reports are made part of the record before the Board.
Before a fee is imposed:
The applicant shall be given five business days notice and opportunity to submit written comments relative to the invitation for bids or requests for proposals.
The applicant shall be given five business days notice and opportunity to comment on all bids or proposals prior to the selection of the consultant and the award of a contract.
The applicant shall be given five business days notice and the opportunity to file an appeal of the selection of the outside consultant with the City Council. Grounds for said appeal
are limited to written claims, with documentation, that the consultant selected has a conflict of interest or does not possess the minimum required qualification in accordance with
M.G.L. c. 44, § 53G. If the City Council does not act within thirty days the Boards decisions shall stand.
Any invitation for bids or request for proposals shall indicate that award of the contract is contingent upon payment of a review fee. If the applicant fails to pay the review fee within
ten days of receiving written notification of the execution of a contract with a consultant, the Board may deny the permit.
Each review fee shall be deposited in a special account established by the municipal treasurer pursuant to M.G.L. c. 44 § 53G.
Funds from the special account may be expended only for the purposes described in Section 5.1 above, and in compliance with the Uniform Procurement Act, M.G.L. c. 30B, § 1-19.
Within sixty days of completion of the project or of such time as the applicant formally withdraws the proposal, the applicant shall received a final report of funds in the special account
and shall be paid any unspent excess in the account, including accrued interest (if any).
Adoption History (in their current form):
Planning Board adopted (Section 1, 2 and 8): May 27, 2010
Zoning Board adopted (Section 1, 3 and 8): June 7, 2010
Conservation Commission adopted (Section1, 4 and 8): ____________/2010
Central Business Architecture Committee adopted (Section 1 and 5): ___________/2010
Historical Commission adopted (Section 1, and 6): __________/2010
Historic District Commission adopted (Section 1 and 7): ________/2010
Administratively changed Planning and Sustainability to Planning and Sustainability 2014