A.
The Chairperson or, in his/her absence, the Vice Chairperson shall
preside at all meetings and hearings of the Board, decide all points
of order or procedure and perform any duties required by MGL C. 40A
or these rules and regulations.
B.
The Secretary shall conduct, at the direction of the Board, all official
correspondence of the Board, send out all notices required by law
and these rules of procedure, keep a record of each examination or
other official action of the Board and perform all other duties required
by MGL C. 40A, these rules and regulations and the Board. In the absence
of the Secretary, it shall be the duty of the Clerk to act in his/her
stead.
A.
All meetings of the Board shall be held on the second Thursday of
each month at 7:00 p.m. in Memorial Town Hall, Town of Northbridge,
Massachusetts. The first regular meeting of the year shall constitute
the annual organization meeting of the Board.
B.
All meetings and hearings of the Board shall be open to the public.
C.
Special meetings may be held upon the call of the Chairperson ad
at such other times as the Board may determine or as required by MGL
C. 40A.
D.
A quorum shall consist of four members, and all actions of the Board
shall have the concurrence of at least four members.
E.
The Secretary shall keep minutes of the Board's proceedings,
showing the vote of each member upon each question or, if absent or
failing to vote, indicating such fact. Minutes must be filed with
the Town Clerk within 14 days of the meeting.
A.
Variances, special permits, appeals and any other matters stated
in MGL C. 40A may be taken to the Board by any person or town officer
aggrieved or affected by any decision of the Board.
B.
Such applications shall be made on forms available at the office
of the Town Clerk.
C.
The applicant or appellant shall file his/her application with the
Town Clerk, who shall conform to all requirements of MGL C. 40A, these
rules and regulations and instructions to the applicant.
D.
Each application or appeal filed in the proper form with the required
data shall be numbered serially and be placed on the calendar of the
Board by the Secretary. Applications and appeals shall be assigned
dates for hearing in the order in which they appear on the calendar,
except that any application or appeal may be advanced for hearing
by order of the Board.
E.
The Board shall give notice to the public of a hearing on any application
or appeal in accordance with MGL C. 40A.
F.
At the time of the public hearing, the appellant or applicant may
appear in his/her own behalf or be represented by an agent or attorney.
The statement of the applicant or appellant shall be made first, followed
by that of any person for the proposal, followed by persons in opposition.
The applicant or appellant shall be given an opportunity for rebuttal.
At any point in this sequence, Board members may inquire of any person.
G.
All witnesses may be required to testify under oath. The Chairperson
or, in his/her absence, the Vice Chairperson shall administer all
oaths.
H.
The Chairperson or, in his/her absence, the Vice Chairperson may
compel the attendance of witnesses. However, upon the written, request
of the applicant or appellant or of the Board, the Chairperson or,
in his/her absence, the Vice Chairperson shall order the attendance
of any witnesses.
I.
The Board, on its own motion, may provide for the recording of testimony.
A copy of the report shall be made available, upon payment of a reasonable
fee, to any person interested in the application or appeal. All requests
for copies of the stenographic report shall be made to the Secretary
no later than 48 hours after the date on which the hearing is held.
A reasonable deposit shall accompany each request for a copy of the
stenographic report. A copy of the report shall be made available
to each person fulfilling the requirements of this rule, at which
time any balance of the deposit shall be repaid to such person or
any deficit shall be paid to the Secretary.
J.
The final decision of any application or appeal to the Board shall
be by resolution and by a concurring vote as required in the General
Laws of the Commonwealth of Massachusetts. Such resolution shall be
in the form of a written decision, which shall include findings of
fact and, in the absence of a stenographic report, a summary of the
testimony presented at the public hearing. If, during the public hearing,
opposing facts are presented, the Board shall include in its written
decision its determination as to the facts which it relied upon.
K.
Whenever the Board imposes any condition with respect to the granting
of the application or appeal, such condition shall be stated in the
decision of the Board and in the permit issued pursuant thereto. Such
permit shall remain valid only as long as the condition or conditions
upon which it was granted or the conditions imposed by the Zoning
Bylaw[1] are adhered to.
L.
The Board shall notify the parties in interest of its decision by
complying with MGL C. 40A.
[Amended 11-19-1990 by Board of Selectmen]
A fee of $150 shall be paid, by check or money order, to the
Town of Northbridge upon the filing of each application or appeal
for the purpose of defraying the expenses incidental to the proceedings
described in these rules and regulations.
