6.2 Appeals, Special Permits and Variances
A. Board of Appeals
There shall be a Board of Appeals consisting of five members appointed by the Selectmen, one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years. Said board shall elect annually a chair and a clerk from its own number. There shall be three associate members of the Board of Appeals appointed by the Board of Selectmen. Each shall serve a term of five years.
In the case of a vacancy, inability to act, or conflict of interest on the part of a member of the Board of Appeals, his place may be taken by an associate member designated by the chair.
Amended
June 15, 1981 Article 25
May 22, 1989 Article 33
May 19, 2008 Article 43
B. Planning Board
The Planning Board is and shall be the Planning Board elected from time to time pursuant to the Town Bylaws and under the authority of Chapter 40 A, Massachusetts General Laws.
C. Board of Selectmen
The Board of Selectmen is and shall be the Board of Selectmen elected from time to time pursuant to the Town By-laws and under the authority of Chapter 40A, Massachusetts General Laws.
D. Appeals
The Board of Appeals shall hear and decide upon appeals by any person aggrieved by reason of his inability to obtain a permit from any administrative officer and by any person aggrieved by the enforcement action from any administrative officer under the provisions of Chapter 40A of the Massachusetts General Laws.
E. Special Permits
1) The Board of Appeals shall hear and decide only such special permits as are specifically authorized by the terms of this by-law. The Board may grant special permits after a public hearing only where such conditions and safeguards as required by this by-law have been made, and only after a determination that such grant would not be detrimental to the public health, safety, welfare, comfort or convenience of the community, would not be adverse to the Town's economy and environment and is in harmony with the intent and purpose of this by-law.
2) The Planning Board shall hear and decide only such permits as are specifically authorized by the terms of this by-law. The Board may grant special permits after a public hearing only where such conditions and safeguards as required by this by-law have been made, and only after a determination that such grant would not be detrimental to the public health, safety, welfare, comfort or convenience of the community, would not be adverse to the town's economy and environment and is in harmony with the intent and purpose of this by-law.
3) The Board of Selectmen shall hear and decide only such special permits as are specifically authorized by the terms of this by-law. The Board may grant special permits after a public hearing only where such conditions and safeguards as required by this by-law have been made, and only after a determination that such grant would not be detrimental to the public health, welfare, safety, comfort or convenience of the community, would not be adverse to the town's economy and environment and is in harmony with the intent and purpose of this by-law.
4) A special permit shall not be granted by a Special Permit Granting Authority (Board of Appeals, Planning Board or Board of Selectmen) unless and until:
a) A written application for a special permit is submitted indicating the specific section of this by-law under which the special permit is sought and stating the grounds on which it is requested.
b) The SPGA (Special Permit Granting Authority) has made written findings certifying compliance with the specific provisions of this by-law governing the exception and satisfactory provision and arrangement has been made covering the following where applicable:
i.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; off-street parking and loading areas where required; traffic flow and control; access in case of fire or catastrophe; and the capability of public roads to support the added traffic safely.
ii.) The proposed use will not create any danger of pollution to public or private water facilities and the methods of drainage of groundwater from the site shall not have an adverse effect on the surrounding environment, any waterways or wetlands.
iii.) Approval of sewage disposal system has been obtained from the Board of Health.
iv.) No excessive noise, vibration, glare, dust, smoke, heat, or odor shall be observable at the lot lines.
v.) Satisfactory arrangement of the refuse disposal and service areas with adequate screening from adjoining lots and public ways.
vi.) Lot shall contain required setbacks, yards and other open spaces.
vii.) The use shall be in general compatibility and harmony with adjacent properties and other properties in the district.
viii.) All other provisions of this by-law shall be complied with where applicable.
iv.) No excessive noise, vibration, glare, dust, smoke, heat, or odor shall be observable at the lot lines.
v.) Satisfactory arrangement of the refuse disposal and service areas with adequate screening from adjoining lots and public ways.
vi.) Lot shall contain required setbacks, yards and other open spaces.
vii.) The use shall be in general compatibility and harmony with adjacent properties and other properties in the district.
viii.) All other provisions of this by-law shall be complied with where applicable.
c) A special permit shall only be issued following a public hearing within 65 days of the filing of the application with the SPGA and the Town Clerk who certifies the filing date.
Within ten (10) days after receipt of the application for a special permit under this section, the SPGA shall transmit copies thereof, together with copies of the accompanying plans to the Planning Board (in case of the Board of Appeals), Board of Health and the Conservation Commission.
All such boards shall investigate the application and report, in writing, their recommendation to the SPGA within thirty-five (35) days.
Failure to submit their recommendations shall be deemed as approval of the application.
The SPGA shall not take final action on such application until receiving the above mentioned reports or thirty-five (35) days have passed since the transmittal of the application to the boards.
Failure of the SPGA to take final action upon the application for a special permit within ninety (90) days of the date of the public hearing shall be deemed a grant or the permit applied for and the Town Clerk shall certify forthwith.
The time allowed for action by the SPGA may be extended by mutual consent of the applicant and the SPGA.
F. Variances
The Board of Appeals may grant, upon appeal or petition with respect to particular land or structure, a variance expressly including a variance for the use, from the provisions of this by-law where said Board specifically finds that owing to the circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structure, but not affecting the general zoning district in which it is located, a literal enforcement of the provisions of this by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning
by-law.
G. Time Limits
A special permit or variance granted pursuant to this section shall lapse after one (1) year, not including such time required to pursue or await the determination of an appeal from a grant thereof, if substantial use thereof has not sooner commenced, or in the case of a permit for construction, if construction has not begun by such date.
Amended
Oct. 28, 1985 Article 13
May 21, 1990 Article 10
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