Dalton Planning Board Works to Update Special Permit Fees

By Sabrina DammsiBerkshires Staff
Print Story | Email Story
DALTON, Mass. — The Planning Board is navigating how to update its special permit fees to bring them up to date with the current costs of services. 
 
During the board meeting last week, Town Planner Janko Tomasic said the cost of completing the services is higher than what it costs to take action on the application.
 
The current application fee charged by the Board of Appeals and the Planning Board is $375. 
 
This fee is intended to cover the cost of labor, time, materials, postage for the certified abutters list for abutter notification, postage for the certified mail for the notice of the decision, and two Berkshire Eagle legal advertisements for the public hearing.
 
"According to the data, the base cost for a permit application is barely enough to cover the cost of the application process," according to Tomasic's special-permit costs breakdown. 
 
Based on the last six permits, the least expensive permit is $414 to complete because of the increase in cost for the steps in the permit process.   
 
The flat certified mail fee for eight letters is $69.52, which covers the cost of certified mail to abutting towns, the applicant, and notice of the decision to the applicant
 
The abutters list is $25, and two legal advertisements in The Berkshire Eagle is $268.40.
 
Board members asked if there was another paper they could use with a cheaper legal advertisement fee. 
 
The Berkshire Eagle is the only place to legally advertise as public notices are required by law to be posted in a print newspaper. The town can not just do online advertisements, Tomasic said. 
 
"We can't unfortunately advertise anywhere else. So, I'm exploring those options. I think, right now, we're legally tied to The Berkshire Eagle. We can't just do online advertisements. I'm not quite sure why. I didn't get a straight answer on that, but I spoke to [Town Manager Tom Hutcheson,] and he said for right now, we have to do The Berkshire Eagle,"
 
"So when there are other chances to switch where we can legally advertise. I think that would be a good thing to do. But as of right now, can't we're kind of stuck with The Berkshire Eagle.' 
 
These base expenses leave only $12.19 for the postage for the Notice of Public Hearing letters. 
 
The town is legally required to send a Notice of Public Hearing letter to all abutters within 300 feet of the property.
 
Over the years, materials and services have been rising in cost, including the fees for The Eagle advertisements, postage, and the two different fees for an abutters list. It is unclear when the town last updated its fees.
 
"The general public pays $50 for a certified abutters list, while a special permit or variance applicant only pays $25," the cost-breakdown sheet states.
 
"The current fee the Town of Dalton has for its applications is not reflective of the actual cost of the materials, work, and time needed to go through the process."
 
If the town does not address this, it will become a problem for the town budget, Tomasic said. 
 
He proposed two potential solutions: a tiered system in which the number of abutters is separated into ranges, and there is a set fee for each range or a set fee with an additional cost of $8.69 per abutter. 
 
In a follow-up, Tomasic said he prefers the second option because it is more accurate to the cost of services. 
 
When looking at what other towns are doing, they have a flat fee and an additional charge for the cost of postage for abutter notification, he told the Planning Board. 
 
The board directed Tomasic to draft an updated special permit application with this new fee system for the board to review at its next meeting. 

Tags: fees,   Planning Board,   

If you would like to contribute information on this article, contact us at info@iberkshires.com.

Lanesborough Planners Bring STR, ADU, Signage Bylaws for Town Vote

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Planning Board held a public hearing on the much anticipated bylaws for short-term rentals, accessory dwelling units, and signage to be presented at the annual town meeting.

For the past few months, planners have diligently been working on wordage of the new bylaws after Second Drop Farm's short-term rental was given a cease and desist because the building inspector said town bylaws don't support them.

The draft bylaw can be found on the website.

The board voted on each of the four articles and heard public comment before moving to entertain any amendments brought forward.

A lot of discussion in the STR section was around parking. Currently the drafted bylaw for parking states short-term rentals require two parking spaces, and with three or more bedrooms, require three spaces but never more than five.

There were questions about the reasons for limiting parking and how they will regulate parking renters choose to park on the lawn or the street. Planners said it is not their call, that is up to the property owner and if it is a public street that would be up to the authorities.

Some attendees called for tighter regulation to make sure neighborhoods are protected from overflow.

Lynn Terry said she lives next to one of the rented houses on Narragansett Avenue and does not feel safe with all of the cars that are parked there. She said there can be up to 10 at a time on the narrow road, and that some people have asked to use her driveway to park. She thinks limiting to five cars based on the house, is very important.

The wordage was amended to say a parking space for each bedroom of the house.

Rich Cohen brought up how his own STR at the Old Stone School helps bring in money and helps to preserve the historic landmark. He told the board he liked what they did and wants to see it pass at town meeting, knowing it might be revised later on.

He said the bylaws now should not be a "one size fits all" but may need to be adjusted to help protect neighborhoods and also preserve places like his.

After asking the audience of fewer than 20 people, the board decided to amend the amount of time an short-term rental can be reserved to 180 days total a year in a residential zone, and 365 days a year in every other zone. This was in the hopes the bylaw will be passed and help to deter companies from buying up properties to run STRs as well as protecting the neighborhood character and stability.

They also capped the stay limit of a guest to 31 days.

Cohen also asked them to add "if applicable" to the Certificate of Inspection rule as the state's rules might change and it can help stop confusion if they have incorrect requirement that the state doesn't need.

The ADU portion did not have much public comment but there were some minor amendments because of notes from KP Law, the town counsel.

View Full Story

More Pittsfield Stories