[Amended 5-14-1986 ATM, Art. 38; 9-12-2020 ATM by Art. 19]
There shall be a Board of Appeals consisting of three persons, citizens of the Town. The members shall be appointed by the Select Board. They shall hold office for a term of three years, except that, when the Board of first established hereunder, one member shall be appointed for term of one year; and one shall be appointed for a term of two years; and one shall be appointed for a term of three years. The Select Board shall also appoint three persons, citizens of the Town, associate members of said Board of Appeals, who shall hold office for a term of three years, except that, when associate members are first appointed hereunder, one shall be appointed for a term of one year; one shall be appointed for a term of two years; and one shall be appointed for a term of three years. In case of vacancy, inability to act or interest on the part of any member of the Board of Appeals, his or her place shall be taken by an associate member. The Board established hereunder shall act as the Board of Appeals under the Building Code and Zoning Bylaw, respectively, and under MGL c. 41, § 81.
The Board of Appeals shall have and exercise all the powers granted to it by MGL c. 40A, c. 40B and c. 41, and by this bylaw, including the power to hear and decide applications for special permits upon which the Board is empowered to act under this bylaw; to hear and decide petitions for variances; to hear and decide other appeals from any aggrieved person, officer or board of the Town or any abutting Town or the Regional Planning Commission.
The Board of Appeals shall adopt rules and procedures consistent with MGL c. 40A. Such rules of procedures shall include provisions for submission of petition in writing, for advertising and holding hearings, for keeping records of proceedings, for recording the vote of each member upon each question, for setting forth the reason or reasons for each decision and for notifying the parties of interest, including the Inspector of Buildings and the Planning Board, as to each decision.
[Amended 3-2-1970 ATM, Art. 24]
A. 
Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.
B. 
Temporary uses. The Board of Appeals may grant a special permit, limited to one year at a time and not to exceed a total of three years, for nonconforming uses or buildings incidental to construction operations on a site, and for signs as provided in § 196-27 of this bylaw, if in each case the Board of Appeals finds that the granting of such special permit will not be injurious to persons or to adjacent property. In any case, the applicant shall file with the Inspector of Buildings a bond or other security in such sum as may be required by the Board of Appeals, effective in case any use, building or structure is not removed prior to the expiration of the permit.
C. 
Hearings. Special permits shall only be issued following public hearing held within 65 days from the transmittal by the Town Clerk to the Board of Appeals of such application for a special permit.
D. 
Considerations. Special permits shall be granted only upon written determination by the special permit granting authority that the use for which such special permit is requested is in harmony with the intent and purpose of this bylaw.
E. 
Lapse. Special permits shall lapse if a substantial use thereof or construction has not begun, except for good cause, within 24 months of special permit approval (plus such time as is required to pursue or await the determination of an appeal from the grant thereof).
[Amended 5-14-2019 ATM, Art. 19]
[Amended 3-2-1970 ATM, Art. 25; 5-14-1986 ATM, Art. 38]
The Planning Board shall be requested to make a report and recommendation on each appeal, application or petition before the Board of Appeals, which report and recommendation shall be filed as soon as practicable and not later than 21 days after the final public hearing or 10 days before the Board of Appeals is required to make a decision, whichever is sooner.
[Amended 3-2-1970 ATM, Art. 26]
In carrying out the provisions of §§ 196-43 and 196-44 above, the Board of Appeals may impose, as a condition of its decision, such restrictions as to manner and duration of use as will in its opinion safeguard the legitimate use of the property in the neighborhood and the health and safety of the public, and conform to the intent and purpose of this bylaw and such restrictions to be stated in writing by the Board of Appeals and made a part of the permit.
No appeal, application or petition which has been unfavorably and finally acted upon by the Board of Appeals shall be again considered except as provided by MGL c. 40A, § 16.
Wherever proceedings under this bylaw require the giving of notice by publication in a newspaper, mailing or service by a civil officer, the costs thereof shall be borne by the applicant, and the Board of Appeals shall require estimated costs to be advanced by the applicant.