[Amended 10-1-2018 ATM
by Art. 14]
Notice of hearings shall be advertised as required by the provisions of MGL C. 40A, § 11. In addition, a copy of the advertised notice shall be sent by mail, at least seven days prior to the date of the hearing, postage prepaid, to the applicant, to all parties of interest as defined above and as they appear on the certified Assessor's list and to the Select Board, Building Inspector, Planning Board, Assessors, Town Counsel, Town Clerk and Planning Boards of Ayer, Dunstable, Pepperell, Townsend, Tyngsboro, Littleton, Shirley, and Chelmsford. For hearings under MGL C. 40B, see Part 2.
All hearings shall be open to the public and
shall be conducted in accordance with the Massachusetts Open Meeting
Law, MGL C. 39, § 23A et seq.
An applicant may appear in his or her own behalf
or be represented by an agent or attorney. If the applicant or his/her
agent or attorney does not appear at the scheduled hearing, the Board
shall decide the matter either using the information it has otherwise
received or dismissing the appeal, petition or application at its
discretion, with or without prejudice.
A.
Hearings will start at the time and place stated in
the notice unless delayed because of prior hearings or lack of a quorum.
In the event that a quorum, but not all five members, is present,
the applicant will be informed that a unanimous vote would be required
for approval of the application. The applicant would be given the
option of proceeding, waiting for the fifth member, or continuing
the hearing to a time certain.
B.
The Chairperson or designee will open each hearing
by reading or causing to be read the notice as published.
C.
The petitioner or the petitioner's representative
will then present the case, stating fully the reason(s) why the petition
or application should be granted.
D.
When the petitioner or the petitioner's representative
has concluded the presentation, Board members and the public will
be heard. Speakers will address the Chairperson and non-Board members
will identify themselves by name and address.
E.
When all facts have been presented, the Chairperson
will inform the petitioner or his representative and others present
of the Board's next action.
F.
If the nature of the application so dictates, a majority
of the Board may indicate that a site visit is appropriate. Said visit
would be scheduled with the hearing remaining open to be reconvened
at a specific time and place.
G.
The Chairperson may close the hearing immediately
if, in his/her opinion, these rules are being violated and/or the
hearing is becoming unruly.
Each appeal, every petition for a variance and
every application for a special permit shall be supported by all of
the facts relied upon by an applicant.
A.
In the case of a variance, the following points, based
on MGL C. 40A, shall be clearly identified and factually supported:
(1)
The particular land or structure and/or the use proposed
for the land or structure, if any.
(2)
The circumstances relating to the soil conditions,
shape or topography of the land and structures and especially affecting
the land or structure for which the variance is sought but which do
not generally affect the zoning district in which it is located.
(3)
The facts that make up the substantial hardship, financial
or otherwise, which results from the literal enforcement of the applicable
zoning restrictions with respect to the land or structure for which
a variance is sought.
(4)
The facts to support a finding that the relief sought
will be without substantial detriment to the public good.
B.
In the case of a special permit, the following points,
based on MGL C. 40A, should be clearly identified and factually supported:
(1)
The particular type of use proposed for the land or
structure, if any.
(2)
The conditions and character of operations of the
proposed uses which show that it will be in harmony with the general
purpose and intent of the zoning district and the bylaw.
(3)
The nature of the proposed use in relation to both
the general and specific provisions of the bylaw governing that use
and the district in which it is located.
C.
Such information shall be indicated on the application
form and presented verbally or in writing at the public hearing.
