[HISTORY: Adopted by the Zoning Board of Appeal of the Town of Stoughton 6-17-1980
(Ch. 253 of the 1983 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 200.
The Board shall meet at 7:45 p.m. sharp, Town Hall, 10 Pearl Street,
Stoughton, Massachusetts, on the first and third Thursdays of each and every
month, excepting when the same shall fall on a holiday, in which event the
Board shall meet on the following scheduled Thursday at the same time and
place. The first hearing shall begin at 8:00 p.m., and no new hearings shall
be opened after 11:00 p.m. Any hearings not opened shall be rescheduled by
the Board. The Board shall meet at such other times and places as the Chairman
may, in his judgment, see fit to call the same. Meetings other than regular
meetings of the Board shall be at the call of the Chairman, who shall notify
each member not less than 48 hours before such meeting, and posted at Town
Hall not less than 48 hours before such meeting.
The Chairman or, in his absence, the Acting Chairman, who shall be chosen
by the remaining members from their own number, may summon witnesses, administer
oaths and call for the production of papers, documents and the like as he,
in his judgment, may deem necessary or incidental to the proper consideration
of the cause then in hearing.
Appeals and petitions for variances shall be in writing and supported
by plans or drawings prepared by a competent draftsman, which plans or drawings
shall show what is proposed and the relation the proposal and existing buildings,
if any, on the property of the petitioner have to land and buildings of the
abutting owners. Appeals shall be filed with the Board or an officer from
whose decision the appeal is taken. Petitions for variances shall be filed
with the Zoning and Building Inspector for the Town of Stoughton.
Appeals and petitions for variances and for other relief or permits
of the Board shall be accompanied with a fee in the sum of $50 for the first
25 abutters to be notified of the public hearing. For every additional 25
abutters, the petitioner will be charged an additional $10. The petitioner
is required to estimate the number of abutters that will be immediately affected
by the petition. This additional fee must be paid before the public hearing.
The fee is to defray the expense of publication, mailing, etc. In the event
that there are more than 100 abutters, there shall be only one public hearing
scheduled for that night. There shall be no more than four hearings scheduled
for any one evening.
If there is a dash (-) in Chapter 200, Zoning, Table of Use Regulations, the Board cannot grant a variance or special permit.
In the event that an appellant or petitioner or an authorized representative
thereof shall fail to appear before the Board at the time and place set forth
for the hearing ascertained in the legal notice thereof published in the newspaper,
the matter before the Board shall be dismissed without prejudice.
Appeals shall be filed with the Board or officer from whose decision
the appeal is taken within 21 days following the date that the notice of the
decision which is to be appealed has been received from the Board or officer
involved.
Appeals and petitions for variances shall be heard by the Board of Appeal
at the next regular meeting following publication in the newspaper, but in
no case shall the interval between publication and the hearing be less than
that prescribed by Chapter 40A of the General Laws, as amended.
In the event that a regular member of the Board of Appeal is able to
ascertain that he shall be unable to attend any regular meeting or public
hearing, he shall notify the Chairman prior to such meeting or hearing in
order that provisions may be made by the Chairman for an alternate member
to sit in his stead.
All proceedings of the Zoning Board of Appeal shall conform with the
provisions of Chapter 40A (General Laws, Ter. Ed.), as amended and as amended
by Chapter 808 of 1975.
The Board shall conduct all Chapter 744 hearings as the suggested rules
and regulations suggest in the Massachusetts Federation of Planning Boards
Handbook, pages 36 and 37.
[Added 6-17-1982]
The Board shall require, under Section V, Subsection D, Table of Use
Regulations, Accessory uses, Item No. 3, Accessory professional office of
a licensed medical or dental practitioner, lawyer, professional engineer or
professional architect in an existing dwelling, that the petitioner reside
in the building for which the special permit is requested.
