The concurring vote of at least four members of the Board shall
be necessary to grant a variance or special permit petition or to
reverse any order or decision of any administrative official.
In the case of a variance or appeal, the Board shall make its decision within 100 days after the date of the filing of the application. In the case of a special permit application, the Board shall make its decision within 90 days of the beginning of the public hearing and within 155 days of the date of the filing of the application. These time limitations shall be extended only by written agreement in accordance with Chapter
171, Zoning.
Any application may be withdrawn without prejudice by notice,
in writing, to the Clerk prior to the publication of a public hearing
notice. After such publication, an application may be withdrawn without
prejudice only if at least four members sitting for the case vote
in favor of withdrawal. If an application is withdrawn, the filing
fee shall be forfeited.
After 20 days have elapsed after the date the decision is rendered,
the applicant shall request the Town Clerk to certify on a copy of
the notice of decision that no appeal has been filed or that if such
appeal has been filed, that it has been dismissed or denied, is recorded
at the Registry of Deeds and is indexed in the grantor index under
the name of the owner of record or is recorded and noted on the owner's
certificate of title.
A decision shall not take effect until a certified copy is recorded
in the Registry of Deeds by the owner or applicant. The owner or applicant
shall pay the fee for such recording or registering. The Building
Inspector shall not issue a building permit until proof of recording
is presented.
Once a decision has been voted upon and the hearing adjourned, there shall be no reconsideration of the decision by the Board, except as provided in §
245-27 below.