These rules and regulations are established pursuant to Massachusetts General Laws Chapters 40A and 40B (MGL c. 40A, §§ 9 and 12, and MGL c. 40B, § 21) and § 220-61A of the Town of Lancaster Zoning Bylaws ("Zoning Bylaw"), as amended.[1] These rules and regulations, appendix of approved forms
and fee schedules, were approved by vote of the Lancaster Board of
Appeals at a public meeting and shall supersede all previous regulations
of the Board of Appeals, which are hereby repealed.
These rules shall be interpreted and applied
so as to implement the requirements of MGL c. 40A and 40B, and the
Zoning Bylaw. In the event that any provision hereof is deemed to
be in conflict with these statutes or the Zoning Bylaw, the latter
shall govern.
The Board of Appeals ("Board") shall have the
power to hear and decide the following categories of appeals, applications
or petitions:
A.
Special permits. Applications for special permits
in accordance with MGL c. 40A, § 9, and the Zoning Bylaw,
and requests submitted for findings in accordance with requests for
permits to expand or alter nonconforming use or structures pursuant
to MGL c. 40A, Section 6 where the Board is designated in the Zoning
Bylaw as the Permit Granting Authority or Special Permit Granting
Authority;
B.
Variances. Petitions for variance from the provisions
of the Zoning Bylaw pursuant to MGL c. 40A, § 10;
C.
Comprehensive permits. Applications for comprehensive
permits pursuant to MGL c. 40B;
D.
Administrative appeals. Appeals by any person aggrieved
by reason of his inability to obtain a permit or enforcement action
from any applicable zoning officer or building official pursuant to
MGL c. 40A, § 8.
The Board shall consist of five members and
three associate members (also sometimes referred to herein as "regular
members" and "alternate members"). All members are appointed by the
Select Board.
At the first meeting of each year, the Board
shall elect, by majority vote, a Chairman and Clerk who shall serve
until the remainder of the year or until a successor is elected. Associate
members shall not participate in the vote unless designated to sit
and vote thereon in the absence of a regular member.
The Chairman shall vote and be recorded on all
matters before the Board. The Chairman shall call and preside over
all meetings and hearings and shall be responsible for submitting
all reports, decisions, minutes and other official business of the
Board as required, including but not limited to the power and duty
to:
A.
Sign all communications, correspondence and decisions
of the Board;
B.
Endorse all purchase orders, vouchers, and expense
authorizations as required;
C.
Supervise the performance of duties by other officers
and members;
D.
Designate a Member or Associate to Chair meetings
or hearings in the event of his absence or inability to act upon matters
before the Board;
E.
Communicate with applicants, appellants or petitioners,
their agents or attorneys in connection with any matter pending before
the Board;
F.
Request opinions and advice of Town Counsel;
G.
Appoint Associate Members to act upon Board matters
in the absence or due to the inability to act of a regular Member;
H.
To request the production of testimonial or documentary
evidence which the Board deems relevant to any matter pending before
it; and in furtherance thereof, to issues subpoenas in accordance
with the provisions of the Zoning Act.
The Clerk shall have such duties as the Chairman
shall designate including the supervision of all clerical functions
of the Board, preparation of dockets, agendas, minutes of Board meetings
and hearings, decisions, notices of decisions of the Board, reports
and other communications and records. The Board may hire a clerical
secretary to assist the Chairman and Clerk in the performance of their
duties.
Associate members shall attend all meetings
and hearings of the Board, and shall perform the duties of a regular
member when so designated by the Chairman.
A quorum for any meeting or hearing of the Board
shall consist of at least four members. In the event that fewer than
four members are present and qualified to vote at the commencement
of any meeting or hearing, the Chairman shall adjourn until such time
as a quorum shall be present.
Meetings shall be held at a time and place to
be designated by the Chairman, shall be posted and conducted in accordance
with the Open Meeting Law,[1] and shall not be held on Sundays, legal holidays or days
on which state or municipal elections, caucuses, primaries or Town
Meetings are held. Views of property, which the Board desires to take,
may be conducted at the convenience of the Board and shall not be
deemed to be meetings.
[1]
Editor's Note: See MGL c. 39, § 23B.
A.
The vote of each member designated to sit on any matter
shall be recorded by the Clerk. No member shall vote on a matter,
which is required by law to be decided after public hearing, unless
the member attended all but one of the sessions of the public hearing.
B.
Decisions of the Board shall be by majority vote unless
otherwise required by law. A vote of at least four members shall be
required to grant a special permit or variance, or to reverse any
decision of a zoning or building official upon any administrative
appeal.
