Once a matter has been voted upon and the meeting
adjourned, there shall be no reconsideration of a decision of the
Board except in accordance with MGL c. 40A, § 16.
The Board may clarify any order or decision
or amend a decision by adding supplementary findings and statements
of reasons, provided that such action is approved by majority vote
of the Board at public meeting, and such supplementary matters are
filed with the Town Clerk.
A.
Decisions of the Board upon any application, petition or appeal shall not take effect until the Board's written decision is filed with the Town Clerk and the time for appeals has expired. Construction of structures or uses of property pursuant to special permits or variances may not lawfully commence until the Board's written decision, together with any plans referred to therein, containing the Town Clerk's certification that no appeals have been filed and that the decision is final, is recorded. (See § 302-35 below).
B.
Decisions of the Board upon comprehensive permits
shall be final when rendered by vote of the Board.
A.
In all cases decided under the provisions of the Zoning
Act, a written notice of decision shall be mailed to the applicant,
petitioner or appellant; to the parties in interest; and to persons
present at the hearing who request a copy and provide the Board with
their address.
B.
Notices of decision shall specify that appeals, if
any, shall be made pursuant to MGL c. 40A, § 17, and notice
of such appeal shall be filed in the Town Clerk's office within 20
days following the filing of the Board's decision.
Decisions of the Board shall be in writing and
signed by the Chairman and/or the Clerk. A copy of the decision and
any plans referred to therein shall be filed with the Town Clerk and
the Planning Board. A copy shall be provided to the owner and applicant.
The written decision shall contain the following:
A.
Case number;
B.
Date decision rendered;
C.
Name and address of applicant and owner of land;
D.
Time, date and place of public hearing;
E.
Dates and manner of notice;
F.
Statement that parties in interest were notified;
G.
Statement that decision and plans have been filed
with Town Clerk and Planning Board;
H.
Summarized account of the hearing;
I.
Identification of land affected;
J.
Reasons for decision and factors establishing compliance
with statutory and/or Zoning Bylaw requirements;
K.
Recitation of any conditions imposed upon permit.
The Board shall make a detailed record of its
proceedings and file a copy of the record in the office of the Town
Clerk within 14 days after the date of the decision.
Upon the expiration of 20 days following filing
of the decision, applicant shall request the Town Clerk to certify
on a copy of the decision that no appeal has been filed and that the
decision is final. In the event that appeal is filed, and upon certification
by the Clerk of the applicable court that any appeal has been dismissed
or denied, the Town Clerk will issue a certificate that the decision
is final.
Decisions shall not take effect until a certified
copy has been obtained from the Town Clerk and has been recorded in
the applicable Registry of Deeds and is indexed in the grantor index
under the name of the owner of record or noted on the owner's certificate
of title.
Special permits and variances shall lapse unless
rights granted thereunder are exercised and, in the case of permits
for construction, unless construction commences within certain defined
time limits as set forth in the Zoning Bylaw, the Zoning Act and the
State Building Code.[1] Variances must be exercised within one year, and special
permits must be exercised within two years.
A.
Variance extension/renewal. Variances may be extended
for one six-month period, if the petitioner files a written request
for extension with the Board in compliance with MGL c. 40A, § 10.
Such requests must be filed at least 30 days prior to the lapse date
and may be acted upon by the Board without a public hearing. If rights
granted under a variance expire due to failure to exercise such rights
or failure to extend for six months, then variances shall be null
and void unless renewed by the filing of a new petition in conformity
with all requirements for new petitions. The fact that a variance
has been previously granted shall not entitle a petitioner to any
renewal.
B.
Special permit extension/renewal. Special permits
may be extended by the Board for good cause upon written request by
the applicant. Requests to extend special permits for good cause may
be granted by the Board without public hearing. Special permits, which
have lapsed due to the failure to exercise the rights granted thereunder,
or failure to establish good cause for an extension, shall only be
reestablished upon reapplication in the same manner as an original
application.
C.
Renewal of permits with limited duration.
(1)
Certain variances and special permits may be granted
upon conditions limiting their duration and/or imposing other conditions
and limitations. In such cases the duration of the permit shall be
set forth in the decision. Renewals of such permits may be granted
for successive periods by the Board, provided that a written application
for renewal is made to the Board at least 90 days prior to the expiration
date accompanied by the applicable forms and fees as required for
an original application. (See Appendix.) Notice and publication of
hearing shall be made and shall state that the renewal may be granted
automatically unless a written objection is received by the Board
on or before the date set for hearing. If no written objection is
received, the Board may renew the permit automatically. If an objection
is received, or if the Board determines that a permit should not automatically
be renewed, it shall so notify the applicant, and the matter shall
be heard and decided as in the case of a hearing upon an original
application. Renewals may be made upon the same conditions or with
additional conditions. The Board may, in appropriate cases, delete
or modify the conditions as to time or use, and renewals may be denied.
Grounds for denial, modification or limitation of rights previously
granted may include:
(a)
Noncompliance with conditions imposed by the
Board or with the applicant's representations in plans, applications,
etc. (e.g., failure to properly maintain the premises, failure to
maintain privacy or buffer areas, exceeding scope of relief originally
granted, etc.);
(b)
Failure of applicant to meet the requirements
for the type of relief being renewed (e.g., causing detrimental effect
on the neighborhood or abutting owners);
(c)
Failure to produce evidence of recording;
(d)
Failure to maintain structures, improvements
and uses in conformity with applicable building, health and other
regulations;
(e)
Failure to comply with MGL c. 40, § 57,
and the bylaws of the Town of Lancaster regarding payment of taxes,
fees, assessments or municipal charges.
(2)
Decisions granting renewal shall be filed and recorded
in the same manner as original applications. Decisions denying renewal
shall also be filed with the Building Inspector.
(3)
Failure of a holder of a permit or variance of limited
duration to seek renewal in accordance with these rules shall be deemed
abandonment of the rights granted. Permits of limited duration which
were granted before the adoption of these rules or permits which were
required to be annually renewed by the Select Board shall be hereinafter
renewed only in accordance with these rules.
[Amended 6-21-2021 ATM by Art. 7]
