All applications, petitions and appeals to the
Board shall be made on a form approved by the Board. (See Appendix.)
Any communication purporting to be an application may be deemed to
be incomplete and treated as a mere notice of intention to seek relief,
until such time as it is submitted on the approved form, and is accompanied
by all required fees, lists and other information required by these
rules. The Board reserves the right to reject any application that
is incomplete. The fact that an application is discussed at a scheduled
meeting shall not be deemed to be acceptance of an application.
A.
The original of all application forms as are hereinafter
specified for each particular type of relief sought, including site
plans, required attachments, briefs to the Board, and other documents
attached to the application, if any, shall be filed in the office
of the Town Clerk by hand-delivery or by mail. Ten copies of the complete
application package shall be forthwith delivered to the Board, either
by mail or by delivery to the Town Clerk in care of the Board, which
shall contain the date and time of filing certified by the Town Clerk.
Filing fees, advertising and mailing fees or other fees or information
required in the application forms should be included with the original
documents filed with the Town Clerk.
B.
Filing fees shall be made payable to the Town of Lancaster
and shall be in the amount specified in the schedule of fees approved
by the Board. (See Appendix.)
A.
A list of parties in interest shall be attached to
the original application, petition or appeal. Said list shall include
the name and address of petitioner, owner of the land affected if
petitioner is not the owner, abutters, owners of land directly opposite
on any public or private way or street, and abutters to abutters whose
property is located within 300 feet of the property line of the land
which is the subject of an application or appeal. The names and addresses
of owners shall be determined by reference to the most recent applicable
tax list, including owners in adjoining towns.
B.
The list of parties in interest shall also include
the Planning Boards of Lancaster, Sterling, Clinton, Bolton, Harvard,
Leominster and Lunenburg.
C.
The list shall be certified by the Town Assessor.
Any administrative appeal must be filed with
the Town Clerk within 30 days of the date of the order or decision
being appealed from, specifying the grounds for appeal and containing
a copy of the order or decision appealed from.
A.
Each application, petition or appeal shall be accompanied
by a Form B, Request for Findings of Fact, which shall be tailored
to the specific facts of the case. The request for findings of fact
may be supplemented by, or consolidated with, a brief to the board
containing any relevant arguments, facts, legal issues, or reference
to exhibits or other evidence which the applicant, appellant or petitioner,
or other party in interest wishes the Board to consider.
Each application, petition or appeal which seeks
a permit for new construction shall be accompanied by a site plan
of at least 8.5 inches by 11 inches, drawn to scale, containing the
following information:
A.
Property lines and boundaries;
B.
Name and address of record owner;
C.
Names and location of adjacent streets;
D.
North arrow and scale;
E.
Zoning district and any zone lines in vicinity;
F.
Existing and proposed buildings or additions including
number of stories and height of all structures;
G.
Paved areas, existing and proposed parking or loading
spaces;
H.
Existing utility lines including septic and underground
structures;
I.
Locations of structures on adjoining property;
J.
Lot area and dimensions, including setbacks where
new construction or additions are proposed;
K.
Other information as required in the Zoning Bylaw
unique to the type of relief being sought (e.g. special permits, variances,
uses requiring site plan review, comprehensive permits may require
additional plans and data).
A.
If the Board determines upon review of any application
for a permit, special permit, comprehensive permit or variance that
it requires technical assistance or professional advice, the Board
may employ such consultants as the Board shall deem reasonably necessary
or desirable.
B.
Whenever possible, the Board shall work cooperatively
with the applicant to identify appropriate consultants and to obtain
applicant's agreement to reimburse the fees and expenses of the consultant.
The Board may obtain deposits from the applicant to be used as retainers
for services.
C.
Alternatively the Board may, by majority vote, require
the applicant to pay a reasonable review fee to employ consultants
to be chosen by the Board alone.
D.
Review fees shall only be imposed to review plans
and studies prepared on behalf of the applicant in connection with
the applicant's specific project or proposal.
E.
All written results and reports of outside consultants
shall be made part of the record of the Board's proceedings.
F.
In imposing review fees, the Board shall comply with
the provisions of MGL c. 30B, §§ 1 to 19. Any invitation
for bids or request for proposals shall indicate that award of the
contract is contingent upon payment of the review fee. If the applicant
fails to either pay the review fee or appeal the selection of a consultant
in writing within 10 days of receiving written notification of selection
of a consultant, the Board may deny the permit being applied for.
G.
The applicant may appeal the selection of a consultant
to the Select Board solely upon the grounds that the consultant selected
has a conflict of interest or does not possess the minimum required
qualifications (i.e., either an educational degree in or related to
the field at issue or three or more years of practice in the field
at issue or a related field).
H.
In the event that no decision is made by the Select
Board within 30 days from filing the appeal, the appeal shall be deemed
denied. Failure to pay the review fee within five days after the appeal
has been denied by the Select Board's decision or inaction shall result
in denial of the requested permit.
I.
The required time limits for action upon the application
shall be extended by a period of time equal to the duration of the
appeal.
J.
Review fees shall be deposited into a special account
established by the Town Treasurer pursuant to MGL c. 44, § 53G,
and shall be expended only for the purposes described above. Any unused
excess in the account, plus accrued interest, shall be returned to
the applicant within 30 days of completion of the project or written
withdrawal of the proposal or application.
The Board shall vote only upon the specific
application, petition or appeal which is the subject of the relief
contained in the documents as filed and described in the notice of
public hearing. Any proposed modifications or amendments must be presented
at a public meeting or hearing on the matter. The Board shall determine
whether the proposed amendments are reasonably within the scope of
the original application and, if determined to exceed the scope of
the public notice, shall require that the applicant request an extension
of time to permit a new notice to parties in interest to be mailed,
published and posted at applicant's expense. Normally, modifications
or amendments to plans or proposed uses or structures which constitute
a decrease in degree or extent of a use or proposed construction shall
not require a new notice. Nothing herein shall be deemed to prohibit
a Board from imposing conditions upon the grant of a permit, which
may require alterations or amendments to plans.
The Board may, in its sole discretion, waive
strict compliance with any provision of these rules and regulations
where such waiver is consistent with public interest and the proper
performance of its duties, except in such cases where the requirements
sought to be waived are required by either a statute or the Zoning
Bylaw.
The Board may request further information, studies,
plans or other evidence which it deems reasonably necessary in order
to properly decide the matter pending before it. In cases where the
Board is required to render a decision within specific time limits
it may also require extensions of the time period within which it
must render and file its decision upon the matter. Failure to furnish
such information as is reasonably requested by the Board in a timely
fashion may constitute grounds for denial of the relief sought.
