[Adopted as Rev. Ords. 1976, §§ 2-96 to 2-100
(Rev. Ords. 1989, §§ 2-221 to 2-225)]
[Amended 12-16-2002 by Ord. No. 02-060A]
There shall be established in the City a board to be known as
the "Board of Appeals," which shall consist of five members, of whom
one member shall always be an attorney at law, one an architect and
one shall always be either a builder or a civil engineer. All of the
members shall be appointed by the Mayor, subject to confirmation by
the City Council. The Board shall elect annually a Chair from its
own number. There shall also be two associate members appointed to
the Board to sit on the Board in case of the absence, inability to
act or conflict of interest on the part of a member thereof or, in
the event of a vacancy on the Board, to sit as a member of the Board
until a new member has been appointed thereto and confirmed by the
City Council. Assignment of such associate member to sit on the Board
shall be made by the Chair of the Board. No member or associate member
of the Board of Appeals shall represent before such Board any party
of interest in any matter pending before it.
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State law reference — Establishment
of boards of appeals, MGL c. 40A, § 14.
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[Amended 8-21-2017 by Ord. No. 2018-4]
A.
When the Board of Appeals is first constituted, the terms of the
five members thereof shall be, respectively, one for one year, one
for two years, one for three years, one for four years and one for
five years each, and any subsequent appointments shall be for a term
of five years each, so that the term of one appointee will expire
each year, except that appointments to fill a vacancy shall be for
the unexpired term of the member who is being replaced. Any vacancies
on the Board shall be filled by appointment by the Mayor and confirmed
by the City Council.
B.
The first appointment of the two associate members shall be for one
year for one member and two years for one member. All subsequent appointments
shall be for two years, and such appointments of associate members
and the filling of vacancies in such associate members shall be by
appointment by the Mayor subject to confirmation by the City Council,
with appointments to fill vacancies in such associate members to be
for the unexpired term of the member who is being replaced.
[Amended 12-16-2002 by Ord. No. 02-060A]
No appeal or petition for a variance with respect to a particular
parcel of land or the building thereon and no application for a special
exception which has been unfavorably acted upon by the Board of Appeals
shall be considered on its merits by the Board within two years after
the date of such unfavorable action except with the consent of all
but one of the members of the Planning Board, provided that an annulment
of a favorable decision of the Board by the court pursuant to the
authorization contained in MGL c. 40A, § 17, shall not constitute
unfavorable action within the meaning of this section.
[1]
Editor's Note: Former § 15-3, Jurisdiction, was
deleted 8-21-2017 by Ord. No. 2018-4.
[Amended 10-17-1977 by Ord. No. 19690; 6-1-1981 by Ord. No. 20976; 6-19-2006 by Ord. No. 06-225A]
Before a hearing is held on any appeal under this article, the
appellant shall deposit a fee of $350 for one to three families residential
and $500 for all others with the City Treasurer, who shall give a
receipt therefor and shall certify on the notice of the appeal that
such fee has been paid. Fees deposited in accordance with this section
shall be paid into the City treasury and belong to the City.
