The Board of Appeals shall consist of five members and three
associate members, who shall be appointed by the Selectmen and shall
act in all matters under this bylaw in the manner prescribed by Chapters
40A, 40B, and 41 of the General Laws.
The Board of Appeals shall have and exercise all the powers
granted to it by Chapters 40A, 40B, and 41 of the General Laws and
by this bylaw. The Board's powers are as follows:
A. To hear and decide applications for special permits upon which the Board is empowered to act under this bylaw, in accordance with Article
IV, Special Permits.
B. To hear and decide appeals or petitions for variances from the terms
of this bylaw, including variances for use, with respect to particular
land or structures. Such variance shall be granted only in cases where
the Board of Appeals finds all of the following:
(1) A literal enforcement of the provisions of this bylaw would involve
a substantial hardship, financial or otherwise, to the petitioner
or appellant.
(2) The hardship is owing to circumstances relating to the soil conditions,
shape or topography of such land or structures and especially affecting
such land or structures but not affecting generally the zoning district
in which it is located.
(3) Desirable relief may be granted without either:
(a)
Substantial detriment to the public good; or
(b)
Nullifying or substantially derogating from the intent or purpose
of this bylaw.
C. To hear and decide other appeals. Other appeals will also be heard
and decided by the Board of Appeals when taken by:
(1) Any person aggrieved by reason of his inability to obtain a permit
or enforcement action from any administrative officer under the provisions
of M.G.L. ch. 40A; or by
(2) The Metropolitan Area Planning Council; or by
(3) Any person including any officer or board of the Town of Bellingham
or of any abutting town, if aggrieved by any order or decision of
the Inspector of Buildings or other administrative official, in violation
of any provision of M.G.L. ch. 40A; or this bylaw.
D. To issue comprehensive permits. Comprehensive permits for construction
may be issued by the Board of Appeals for construction of low- or
moderate-income housing by a public agency or limited dividend or
nonprofit corporation, upon the Board's determination that such
construction would be consistent with local needs, whether or not
consistent with local zoning, building, health or subdivision requirements,
as authorized by M.G.L. ch. 40B, §§ 20 through 23.
E. To issue withheld building permits. Building permits withheld by
the Inspector of Buildings acting under M.G.L. ch. 41, § 81Y,
as a means of enforcing the Subdivision Control Law may be issued by the Board of Appeals where the Board
finds practical difficulty or unnecessary hardship, and if the circumstances
of the case do not require that the building be related to a way shown
on the subdivision plan in question.
The Board of Appeals shall hold public hearings in accordance
with the provisions of the General Laws on all appeals and petitions
brought before it.
Repetitive petitions for exceptions, appeals and petitions for
variances, and applications to the Board of Appeals shall be limited
as provided in M.G.L. ch. 40A, § 16.