TOWN OF WEST SPRINGFIELD
DEVELOPMENT GUIDE
This guide will help you through the process of obtaining permits for development and construction in West Springfield, it is in four sections:
I. Advice on establishing contacts with Town departments and on the research needed for your application.
II. A summary of the most common permits you may need.
III. A brief review of the permit-application process.
IV. A checklist of development constraints and permit requirements.
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IMPORTANT
This Guide is for information only; it does not have the force of law. Please refer to the applicable laws and regulations for specific technical and procedural requirements. In most cases you will need professional help in such areas as land survey, engineering, architecture, law and transportation planning.
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I. THE FIRST STEPS
Most construction projects need permits. The more research you do in the planning stage, the easier it will be to meet the requirements for town, and (sometimes) State and Federal permits and approvals. You will increase the likelihood that your project and design will be approved, and reduce your risk of having to make significant - and expensive - changes in order to obtain project approval by contacting all permitting authorities early in the design and permitting process.
As soon as you know the location and approximate size of your development and the uses(s) to which it will be put, seek input from the professional staff in the Building, Conservation, Health, Planning, and Public Works departments at the West Springfield Municipal Office Building located at 26 Central Street. They can tell you if your project seems feasible or what changes you may need to make. They will show you which permits you are likely to need, roughly how long it will take to get them, and whether public hearings will be required. This information will help you estimate your planning costs, set realistic project time lines, and minimize the likelihood of unpleasant surprises.
Building Department
This is the first department you should visit. It enforces the West Springfield Zoning Ordinance, Town Ordinance and the State Building Code and issues building, occupancy, and sign permits. Electrical, plumbing and gas permits are also processed through this department.
Conservation Commission
The Conservation Commission administers the Massachusetts Wetlands Protection Act including related state regulations. The Conservation Commission can tell you if your project falls under the Commission s jurisdiction and advise you on obtaining local, state or federal permits. Do not bypass this step; conservation impacts are not always apparent. Any work such as clearing, filling, grading or construction within 100 feet of a wetland or within 200 feet of a stream or river requires the review and approval of the Conservation Commission.
Health Department
The Board of Health enforces the State and local health and environmental codes. Among the many permits and certificates it issues are those for septic systems, restaurants and food retailers, public and semi-public swimming pools, and the raising and keeping of livestock and fowl.
Planning Department
The Planning Department guides residential and commercial development proposals through the respective permitting process as outlined in the Zoning Ordinance and Subdivision Rules and Regulations. It coordinates the multi-departmental review and legal process for development proposals submitted under the Site Plan Review process. The Planning Department evaluates development proposals for their contributions towards community planning goals as documented in the current West Springfield Master Plan and assesses the potential impacts on the environment, transportation system, neighborhood integrity and town character. The Planning Department renders opinion regarding Flood Zone determination.
Department of Public Works
Consult with the Department of Public Works on questions regarding roadways, curb cuts, and locations of underground utility lines such as sanitary, storm and water mains. Removal of public shade trees requires a permit from the Tree Warden through a public hearing process.
Engineering
The Town Engineer works in concert with the Building Inspector, Department of Public Works and the Town Planner in the review of development proposals and subdivision plans. Contact the Town Engineer regarding standards for flow and capacity analysis and cut and fill calculations.
Licensing Commission
The Licensing Commission issues licenses as required by local and State regulations. The issuance of any new licenses will require a public hearing before the Commission. Contact the Licensing Commission early in the permitting process to avoid potential delays.
Fire Department
The Fire Department processes all permits associated with the storage of flammable or hazardous materials, underground storage tanks, the use of explosives or blasting materials and cutting and welding equipment. The department also conducts inspections associated with smoke and fire detectors and sprinkler systems.
Assessor's Office
This office maintains all tax (parcel) maps and records and disseminates maps from the Town s Geographic Information System (GIS). Abutters lists required for license, special permit, variance and subdivision applications may be obtained in the Assessor s Office.
Town Clerk
The Town Clerk is the official recorder of all applications and decisions for Special Permits and Variances. Prior to applying for a building permit, it is recommended that the existence of variances or special permits be determined. All businesses operating in the Town of West Springfield must register with the Town Clerk.
Regulations, Maps, and Other Materials
You may obtain maps, plans, regulations and forms in the Town offices as shown below. This is not a complete list; department staff will assist you with all information you may need.
Mayor s Office All licenses
Building Dept: All permits associated with demolition or construction
Board of Health: Regulations on health related issues, i.e. septic
systems and food handling, keeping of
livestock and fowl
Planning Dept: Zoning Ordinances and maps, Subdivision, Site Plan Review and Special Permit regulations, applications associated with the Planning Board and the Board of Appeals
Public Works: Municipal utility and street layout plans, Work in the Street permits
Assessor s Office: GIS tax maps and data and Abutters lists
Town Clerk: Business Certificates
As you gather information, thoroughly study the applicable laws and regulations. If necessary, get independent professional advice on surveys, engineering, site design, soil tests, traffic studies, and legal questions.
Economic Development Assistance
Various assistance programs may be available to enhance the economic feasibility of your project. Contact the Mayor s Office or the office of Community Development to obtain information related to specific programs that may be applicable.
Preliminary Design and Review
Often, you can avoid delays and costly changes by scheduling one or more informal reviews with Town departments when your design is still in the early stages. The amount of detail you need varies according to the permits you are applying for; consult the appropriate Town department to find out their requirements. In general, your plans should show a rough building and site layout, and you should have information in hand related to factors influencing feasibility (see the checklist in Section IV).
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II. PERMITS
These are the most common permits and approvals. It is not a complete list - only through your first contacts, research, and preliminary reviews can you identify all the permits you will need.
General Zoning
Your site is in one of West Springfield s 21 zoning districts. The Zoning Ordinance defines in detail the requirements of each district with dimensional controls for building heights, lot coverage, setback, parking facilities, and landscaping. The Zoning Ordinance defines many special permits (not listed here) that allow for special circumstances, uses, and designs. There are also “overlay” districts (River Protection, Watershed Protection, Wireless Communications and Upland Floodplain) that stipulate additional development standards in addition to the requirements of the underlying district.
Wetlands Protection
Work in or within 100 feet of a wetland (defined in the Massachusetts Wetlands Protection Act) or within 200 feet of a river or stream is regulated by the Conservation Commission. Many kinds of work are prohibited in these areas; those that are allowed may require a permit called Orders of Conditions or a finding of non-impact through a Determination of Applicability.
A Determination of Applicability is issued by the Conservation Commission when requested by an applicant to establish and/or define the Commission s jurisdiction in relation to a proposed project. Applicants are encouraged to file a Request for Determination of Applicability during preliminary project planning, seeking the Commission s approval of the wetlands boundaries on a project site.
An Order of Conditions is issued by the Conservation Commission under M.G.L. 131, §40, the State Wetlands Protection Act for proposed work within 100 feet of wetlands or water bodies or 200 feet from a river or stream which will impact the resource area. To secure this permit, the applicant must submit either a Notice of Intent or an Abbreviated Notice of Intent. Generally, an Abbreviated Notice of Intent may be used only when no alteration is proposed within a wetland resource or waterway, alteration within the buffer zone or land subject to flooding is less than 1,000 square feet and neither a Federal Army Corps nor State Division of Water Ways permit is required. Otherwise, a more comprehensive full Notice of Intent is required. Contact with the Conservation Commission
prior to project design is strongly advised.
Subdivision Approval
If your project is a subdivision, that is, if it divides the land into lots or parcels (either residential or commercial) and requires the construction of new streets, you must get Subdivision Approval from the Planning Board. If you don t have to build a new street, the Town Planner, subject to the approval of the Planning Board, may sign a “Subdivision Approval Not Required” Plan. Pre-design meetings with the Town Planner are strongly encouraged to facilitate the approval process.
Board of Health Permits
Among the permits you will need from the Board of Health are those for a septic system or other wastewater disposal methods, the preparation of food for public consumption, semi-public and public pools, the raising and keeping of livestock and fowl and burial permits. In addition, you will need permits for tanning salons, motels, hotels, massage therapists, catering and mobile food permits prior to providing services to the public.
Zoning Variances
Rarely, and only in extraordinary circumstances, the Board of Appeals may grant Variances, or departures from the Zoning Ordinance, such as a setback or building height not otherwise permitted in a zoning district. The Zoning Ordinance, mirroring the State Zoning Act, sets stringent legal conditions for these variances, allowing them only in cases of unusual hardship related to the soil, shape or topography unique to the parcel in question and not the zoning district in general. You should not request a Variance unless you have determined, with legal counsel, that your situation satisfies the legal criteria. Even if all legal criteria are met, however, the Board of Appeals is under no obligation to grant a Variance.
Special Permits
Many uses as identified in the Zoning Ordinance require the issuance of a special permit prior to the allowance of the use. Existing structures that do not comply with current zoning setback requirements may also require a special permit for any structural addition. The Planning Board, Board of Appeals and Town Council are designated as special permit granting authorities. The State Zoning Act and the Zoning Ordinance outline the procedures and review criteria for the administration of special permits.
Site Plan Review
Almost every commercial or industrial project, including expansion of use and/or building additions, requires Site Plan Review from the Planning Board. Your plans will be reviewed by several boards and departments for specifics of site, layout, building design, parking facilities, landscaping, drainage, and the mitigation of traffic and other impacts.
Signs
Most commercial signs cannot be installed or altered without a sign permit from the Building Commissioner. The Zoning Ordinance regulates the design, size, lighting, location and number of commercial signs. The Building Commissioner can assist you with the sign requirements of the Zoning Ordinance.
Building Permit
This is the last permit you get before starting construction. All other permits must be in place at this time. Before issuing a building permit, the Building Commissioner conducts a final check on zoning compliance and reviews your building and construction plans for compliance with the Massachusetts Building Code and handicapped-access standards. Other permits that may be associated with a Building Permit are electrical, plumbing and gas permits. Upon inspection and approval of all construction work, the Building Inspector will issue a Certificate of Occupancy.
Work Within a Public Way
All work within a public way owned and maintained by the Town of West Springfield, such as the installation of driveways or utility
lines, requires a permit from the West Springfield Department of Public Works. Work within the layout of Route 5 and sections of Route 20 will require approval from the Mass. Highway Department.
Business Certificate
All businesses operating in the Town of West Springfield (including business operating “out of the house”) are required to register with the Town Clerk s office.
Licenses
Many businesses may not begin operation until the business has received a license or permit from the Licensing Commission including Common Victualer (preparation of food products), Entertainment, Automatic Amusement Devices, Transient Vendor, Taxi cab and Limousine services, Junk Dealers and Liquor Licenses. Many licenses require that a public hearing be held before the Commission.
State and Federal Permits
Depending on the nature of your project or its impacts, you may need to apply for one or more permits from the State or the Federal government. Among the most common are:
- a curb-cut permit from the Massachusetts Highway Department for work affecting a state highway (Routes 5 & 20);
- a permit from the U.S. Army Corps of Engineers for work affecting certain wetlands and water ways;
- a Certificate of Compliance from the Massachusetts Executive Office of Environmental Affairs (MEPA);
- a NPDES permit for Storm Water Discharges from Construction Sites;
- a Sewer Extension Permit issued by the Department of Environmental Protection.
The Town s staff can help you identify State and Federal requirements for your project and help you make contact with the appropriate agency, but it is your responsibility to ensure compliance with state and federal requirements.
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III. THE REVIEW PROCESS
When your design work is complete, you are ready to apply for your permits. Preparing an application is not always simple. Department staff will answer any questions and try to clear up mysteries, but you are advised to secure independent professional and legal advice as well. Careful attention to detail will help you avoid delays, frustration and disappointment.
The length of time it will take to obtain a specific permit or license is dependent upon the required review process. Many
applications can be processed simultaneously, but some, including
the Building Permit, require that others be in place first. Typical processing times (from the day you submit your application) for common permits are as follows:
Building Permit 30 days
Sign Permit 30 days
Wetlands permit 2 months
Special Permit (Zoning) 2 4 months
Variance (Zoning) 2 4 months
Board of Health permits 30 days
Subdivision Approvals 4 - 8 months
“Subdivision Approval 21 days
Not Required” plans
The issuance of most permits and licenses will take less than two months, but your schedule should allow up to five months just in case of unique issues specific to your project.
Public Hearings
Most licenses and permits issued by the Licensing Commission, Subdivision and Site Plan Approvals from the Planning Board as well as most approvals by the Conservation Commission and all Special Permits and Variances require a public hearing. The public hearing is intended to afford abutters and any interested party an opportunity to comment on your project. It is strongly recommended that, prior to the public hearing, you contact abutters to your development to educate them about your proposal and to find out what you can do to address any concerns. Such early communication is not only courteous, it is a proven strategy for a successful application.
The Permit Granting Authority will schedule the hearing in accordance with the applicable regulations, and will place the required notices in the West Springfield Record. In addition, a notice of the public hearing will be sent to abutters of your project. The Assessor s Office will prepare and certify the Abutters List upon your request.
You or your representative should attend the hearing to present the application and state the reason(s) why the permit or license should be granted. After your presentation, Board members will offer their comments and questions. Then the Chairman will solicit comments from abutters and other members of the public. Any citizen may speak in person, or through an agent or attorney, at any hearing. When all persons wishing to be heard have spoken, the Chairman will close the hearing and the Board will take the matter under advisement. In no case will the Board allow new evidence to be admitted after the close of the public hearing unless they have previously requested it.
Administrative Review
The issuance of Building or Sign Permits, Septic Disposal Permits and many others do not require a public hearing. In certain instances, Site Plan Approval will not require a public hearing. In general, permits not requiring a public hearing may be issued within 30 days of the submission of a complete application.
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IV. DEVELOPMENT CHECKLIST
Use this checklist to keep track of the information and permits you re likely to need.
Factors Influencing Feasibility
- Flood plain (100-year-flood elevation)
- Overlay protection districts
- Wetlands
- Steep slopes
- Proximity to public utilities
- General Zoning Requirements (whether the use is permitted, building heights, setbacks, parking facilities, etc.).
- Alternatives (other designs, layouts that might save money or increase revenues)
Permits/Licenses
- Demolition Permit
- Order of Conditions (Wetlands)
- Permit for Septic System or Wastewater Facility
- Subdivision or “Approval Not Required” Plan`
- Special Permit
- Zoning Variance
- Site Plan Approval
- Building Permit
- Sign Permit
- Fence Permit
- Permit for Work within a Public Way
- Street Tree Removal Permit
- License required by local or state regulation
- State or Federal Permits
An application fee may be associated with a specific permit or license. Contact the respective permitting authority to determine the fee associated with individual permits and licenses.
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OFFICE LOCATION
Municipal Office Building
26 Central Street
West Springfield, MA 01089-2753
TELEPHONE NUMBERS
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IMPORTANT REMINDER
The Town may deny the issuance of any permit or license unless all property taxes are paid current at the time of application for a permit or license.
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West Springfield Planning Department
Printed April 2002
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