[HISTORY: Adopted by the Board of Appeals
of the Town of Middleton 11-20-2003. Amendments noted where applicable.]
The following rules are adopted in accordance
with MGL c. 40A, § 15.
Public hearings are scheduled for the fourth
Thursday of each month at 7:30 p.m. at the Fuller Meadow School, 143
South Main Street, Middleton, MA.
[Amended 3-15-2016; 3-29-2016; 7-28-2020]
A nonrefundable fee of $200 (residential) or
$250 (commercial) payable to the Town of Middleton must be presented
to the Town Clerk at the time of filing of each application to cover
the costs of the legal notice publication and other expenses associated
with the required public hearing. Each petitioner may be subject to
additional billing if the expenses incurred for his hearing exceed
the deposit paid. The petitioner may receive a refund if the legal
notice has not been submitted for publishing.
For a single property, if the petitioner requires
a variance and site plan approval (or any combination of both variance,
finding, special permit and/or site plan approval), a separate application
and fee shall be filed. If more than one variance is required for
a single property, only one application is required but each variance
shall be separately described.
The last date to file all applications will
be 24 days before the scheduled meeting date at 12:00 noon.
A.
All applications for variance, finding, and special
permit must include the following information:
(1)
Nine copies of the application with the application
number included.
(2)
One copy of the application supplemental with Assessors'
certification.
(3)
One copy of the Assessors' Map (scale one inch equals
200 feet).
(4)
Nine copies of the plot plan to scale certified by
a registered land surveyor.
(5)
One copy of the Building Commissioner denial (if needed).
(6)
Name and address of applicant.
(7)
Name and address of owner of property.
(8)
Evidence that the applicant is the owner of the property
involved or has the written permission of the owner to make such application.
(9)
The street address and a legal description of the
premises upon which the requested relief or permit is sought.
(10)
Whether or not any application or appeal has
previously been filed with the Board of Appeals on these premises
and if so, on what date.
(11)
Whether it constitutes a variance, a finding,
a request for a special permit or a site plan approval.
(12)
The use for which a special permit is sought.
(13)
A description of each variance sought.
(14)
A disclosure as to whether the land to be affected
by a variance is contiguous to other land in common ownership.
B.
The plot plan certified by a registered land surveyor
must include:
(1)
All dimensions of land.
(2)
All existing and proposed structures with dimensions.
(3)
Distance of all existing and proposed structures,
additions or changes from front, side and rear lot lines.
(4)
Zoning district classification and any zoning district
boundary line that may pass through the property.
(5)
All driveways and parking areas and dimensions.
(6)
All roadways and properties abutting the lot.
(7)
Title indicating lot number, street address, property
owner and scale.
(8)
North arrow.
(9)
Certification by a registered land surveyor of accuracy
of plot plan (signed and dated).
C.
A waiver for any of the above conditions may be granted
by the Board if requested by the petitioner.
D.
Site plans shall be in accordance with § 235-9.5 and other applicable sections of the Zoning Bylaw. Site plan drawings shall include, at a minimum, all the prerequisites for plot plans listed above. All site plans proposing more than one structure on a lot shall conform to the rules and regulations listed in an attachment titled "Site Plan Requirements for Multi-Structure Projects."[2]
[Amended 9-28-2017]
[2]
Editor's Note: The attachment is on file at
the office of the Zoning Board of Appeals.
[1]
Editor's Note: The following documents are
available from the office of the Zoning Board of Appeals: Application
Checklist and Instructions for Filing Zoning Board of Appeals Petitions.
Applications must be signed by the Building
Commissioner before being submitted to the Town Clerk.
The Board of Appeals will publish a notice of
public hearing on all applications filed in a newspaper of general
circulation in the Town of Middleton and will send notices to the
petitioner and abutters as certified by the Board of Assessors. The
Building Commissioner and any other administrative department whose
decision is being appealed or who or which has interest in the matter
will also be notified. Between notification of parties of interest
and the date of the hearing, there shall be an interval of at least
14 and not more than 31 days.
The Board of Appeals may not make a decision
on a site plan approval unless the recommendations have been received
from the Building Commissioner and the Planning Board.
A.
The petitioner shall produce at the hearing deeds,
plot plans, and other records which have a reasonable bearing upon
the lot or lots for which a determination is desired. The Board may
retain any record or plot plan which has been introduced as evidence
for reference in the consideration of the case.
B.
In any hearing held by the Board of Appeals, the applicant
or his duly authorized representative shall present his evidence or
any testimony he so desires in support of his application, appeal
or petition. Thereafter, evidence or testimony in objection shall
be presented.
C.
No person shall speak or give testimony at any hearing
before the Board of Appeals until recognized by the Chairman.
D.
No person shall speak or give testimony at any hearing
before the Board of Appeals until he has identified himself and no
person shall be polled unless said person is a resident of the Town
of Middleton or the duly authorized representative of a resident of
the Town of Middleton or the owner of land which is affected by the
subject matter of the hearing.
E.
Failure to appear in person or by duly authorized
representative on the date designated for the hearing on the application
may result in dismissal or denial thereof.
A.
The Chairman of the Board of Appeals shall preside
at all hearings and meetings. The Chairman may designate any member
of the Board to preside and perform the duties of the Chairman, in
his absence.
B.
The Chairman, subject to these rules, shall decide
all points of order or procedure, unless otherwise directed by a majority
of the Board in session at that time.
C.
The Secretary or Clerk of the Board shall keep all
accounts and files of the Board in proper order and generally assist
the Chairman in the performance of his duties.
D.
At the first regular meeting following the confirmation
of the annual appointee, the Board shall elect a Chairman and Clerk.
Alternates do not participate in this act.
[Added 8-23-2018[1]]
A.
Purpose. As provided by MGL c. 44, § 53G, and authorized
under Section 9.3.5 of the Zoning Bylaws, the Middleton Board of Appeals
may impose reasonable fees for the employment of outside consultants,
engaged by the Board of Appeals, for specific expert services. Such
services shall be deemed necessary by the Board to come to a final
decision on an application submitted to the Board of Appeals pursuant
to the requirements of the Zoning Bylaw (MGL c. 40A), Comprehensive
Permit (MGL c. 40B), or any other state or municipal statute, bylaw
or regulation, as they may be amended or enacted from time to time.
The Board of Appeals may also impose fees for other consultant services
related to application review, or permit conditionings or monitoring,
under any of the above-referenced laws or regulations.
B.
Special account. Funds received pursuant to these rules shall be
deposited with the Town Treasurer who shall establish a special account
for this purpose. Expenditures from this special account may be made
at the direction of the Board of Appeals without further appropriation
as provided in MGL c. 44, § 53G. Expenditures from this
account shall be made only in connection with a specific project or
projects for which a consultant fee has been collected from the applicant.
Expenditures of accrued interest may also be made for these purposes.
C.
Consultant services. Specific consultant services may include, but
are not limited to traffic, drainage, noise. Services may also include
on-site monitoring during construction, or other services related
to the project deemed necessary by the Board. The consultant shall
be chosen by, and report only to the Board and/or its designee.
D.
Notice. The Board of Appeals shall give written notice to the applicant
of the selection of an outside consultant. Such notice shall state
the identity of the consultant, the amount of the fee to be charged
to the applicant, and a request for payment of said fee in its entirety.
Such notice shall be deemed to have been given on the date it is mailed
or delivered. No such costs or expenses shall be incurred by the applicant
if the application or request is withdrawn within five days of the
date notice is given.
E.
Fee payment. The fee must be received prior to the initiation of
consulting services. The Board may request additional consultant fees
if necessary review requires a larger expenditure than originally
anticipated or new information requires additional consultant services.
Failure by the applicant to pay the consultant fee specified by the
Board within 10 business days of the request for payment, or refusal
of payment, shall be cause for the Board to deny the application based
on lack of sufficient information to evaluate whether the project
meets applicable performance standards in the Zoning Bylaw or its
regulations. An appeal by the applicant stops the clock on the above
deadline; the countdown resumes on the first business day after the
appeal is either denied or upheld. A denial for lack of information
may be based solely on the lack of the third-party consultant review
identified as necessary by the Board. Failure by the applicant to
pay the consultant fee specified by the Board within 10 business days
of the request for payment shall be cause for the Board to deny the
permit application.
F.
Appeals. The applicant may appeal the selection of the outside consultant
to the Board of Selectmen, who may only disqualify the outside consultant
selected on the grounds that the consultant has a conflict of interest
or does not possess the minimum required qualifications. The minimum
qualifications shall consist of either an educational degree or three
or more years of practice in the field at issue or a related field.
Such an appeal must be in writing and received by the Board of Selectmen
and a copy received by the Board, so as to be received within 10 days
of the date consultant fees were requested by the Board of Appeals.
The required time limits for action upon the application shall be
extended by the duration of the administrative appeal.
G.
Return of unspent fees. When the Board's review of a project is completed
and a permit/decision issued, any balance in the special account attributable
to that project shall be returned within 30 days. The excess amount,
including interest, shall be repaid to the applicant or the applicant's
successor in interest. For the purpose of this regulation, any person
or entity claiming to be an applicant's successor in interest shall
provide the Board with appropriate documentation. A final report of
said account shall be made available to the applicant or applicant's
successor in interest.
These rules may be changed at any meeting of
the Board of Appeals by a vote of the members thereof.
