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.
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:
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. Variances must be exercised within one year, and special
permits must be exercised within two years.