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Article XIII
Amendments; Interpretation
~ 171-66. Amendment procedure.

A.      This chapter may be amended from time to time in an Annual or Special Town Meeting in accordance with MGL c. 40A, ~ 5.

B.      No zoning bylaw or amendment thereto shall be adopted at an Annual or Special Town Meeting until after the Planning Board has held a public hearing thereon for which a notice has been published, posted and mailed as provided in MGL c. 40A, ~ 5 and has made a report with recommendations to the town meeting or after 21 days shall have lapsed after such hearing without submission of such report. (Refer to "Rules and Regulations - Adoption and Amendment of Zoning Bylaw" on file with the Town Clerk.)

C.      No proposed bylaw making a change in any existing zoning bylaw which has been unfavorably acted upon by a town meeting shall be considered on its merits by the town meeting within two years after the date of such unfavorable action unless the adoption of such proposed bylaw is recommended in the final report of the Planning Board.


~ 171-67. Construal; severability; notice of invalidity.

A.      In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted regulations or bylaws or with deed restrictions or covenants, the most restrictive or the one imposing the highest standards shall govern.

B.      This chapter revises and replaces the Zoning Bylaw adopted on June 10, 1974, and any subsequent amendments made thereto.

C.      The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.

D.      Within 120 days after adoption of a bylaw or amendment thereto, legal action may be taken regarding defects in the procedure of adoption. Within seven days after commencement of the action, a copy of the petition must be filed with the Town Clerk. Unless a bylaw is found to be invalid through the above action, a claim of invalidity may not be made in any future legal proceedings.


~ 171-68. Appeals to Superior Court.

 Any person aggrieved by a decision of the Board of Appeals or any special permit granting authority (SPGA), whether or not previously a party to the proceeding, or any municipal officer or board may appeal to the Superior Court in a manner prescribed in MGL c. 40A, ~ 17.



Town of Great Barrington 334 Main Street Great Barrington, MA 01230
Phone: 413-528-1619    Fax: 413-528-2290
Monday - Friday, 8:30AM - 4PM