The Board of Appeals shall consist of three members and two
associate members who shall be appointed by the Board of Selectmen
in accordance with Chapter 40A of the General Laws for staggered three-year
terms. The Board of Appeals shall elect annually a Chairman and shall
adopt rules and regulations, which shall be filed in the office of
the Town Clerk and shall be a public record.
The rules and regulations shall prescribe the procedures and
rules for the conduct of Board of Appeals' business and shall conform
to the provisions of Chapter 40A of the General Laws, as amended.
The Board of Appeals shall have the authority to grant upon
appeal or upon petition, where a use not requiring a permit is sought,
with respect to a particular parcel of land or existing building,
a variance from the requirements of this bylaw where, owing to a special
condition affecting specifically such parcel or building but not generally
the zoning district in which it is located, a literal enforcement
of the bylaw would involve substantial hardship, financial or otherwise,
to the appellant and where desirable relief may be granted without
substantially derogating from the intent and purpose of the bylaw,
but not otherwise. Permits may be granted for variances including
those for side yard, setback and frontage dimensions as well as lot
size. Petitions for a variance must be filed with the Town Clerk,
who will transmit them to the Zoning Board of Appeals.
There shall be no use variances. Anyone desiring a change in
use designation must apply for a zoning change.
The Board of Appeals may impose limitations of time and use
and condition continued use upon compliance with regulations to be
made and amended from time to time thereafter.
No special permit or variance shall be granted nor any other
decision made by the Board of Appeals on any petition, application
or appeal, except after the publication, twice, of a public hearing
notice, the first being not less than 14 days prior to the hearing,
with copies to the Planning Board and other parties affected and as
required by law, and after a public hearing. The hearing shall be
held within 65 days from receipt of notice by the Board of such appeal,
application or petition. Decisions of the Board of Appeals shall be
made by vote in an open meeting within 100 days of the filing date
of appeal, application or petition, shall be recorded in the office
of the Town Clerk and the Planning Board together with the reasons
for such decisions within 14 days, and a notice of the decision shall
also be issued to the owner of the land affected and to other parties
in interest and to attendees at the public hearing who have requested
such notices, and recorded in the Registry of Deeds. The responsibility
for recording in the Registry of Deeds is with the applicant or petitioner,
and fees and all other reasonable fees and costs shall be borne by
the applicant or petitioner. The required time limits may be extended
by written agreement between the applicant and the Board of Appeals.
A copy of such agreement shall be filed in the office of the Town
Clerk. The variance is effective when the applicant or petitioner
files the decision with the Registry of Deeds.
In cases where the Board of Appeals is specified as the special permit granting authority, public hearing and time limits shall follow that specified in § 175-10.9. In all other cases, the Planning Board shall be the special permit granting authority.
A.
The Board of Appeals may hear and decide appeals taken by any officer
or board of the Town of Norton or by any person aggrieved by not being
able to obtain a permit from any administrative official in violation
of Chapter 40A of the General Laws.
B.
An appeal shall be taken within 30 days from the date of the order
or decision which is being appealed. The petitioner shall file a notice
of appeal, specifying the grounds thereof, with the Town Clerk; and
a copy of said notice, including the date and time of filing certified
by the Town Clerk, shall be filed forthwith by the petitioner with
the Building Inspector, specifying in the notice the grounds for such
appeal. The Building Inspector shall forthwith transmit to the Board
of Appeals all documents and papers constituting the record of the
case in which the appeal is taken.
The Planning Board shall be the special permit granting authority.
Applications for special permits must be filed with the Planning Board,
which will submit the application to the Board of Selectmen, Conservation
Commission, Board of Appeals and other interested parties for review.
They in turn must report to the Planning Board within 35 days or deem
no opposition. Within 65 days of the date the application was filed,
the Planning Board shall hold a duly advertised public hearing, the
first advertisement being no less than 14 days from the date of the
hearing. The special permit decision of the Planning Board must be
filed with the Town Clerk and notice of the decision sent to parties
in interest within 90 days of the hearing date. A special permit elapses
if not exercised within two years from the date of the decision, including
time for determination of any appeal.
Variances and special permits are not granted as a matter of
right but are privileges which may be granted as appropriate in specific
circumstances which are in keeping with the intent of the Zoning Bylaw
and subject to general or specific rules contained herein. As a condition
of granting a permit or special permit, the granting authority shall
find that the petitioned-for exception is socially and economically
desirable, and that it would satisfy an existing need, that the advantages
of the proposal outweigh by far any detrimental effects, and that
such effects on the neighborhood and environment shall not be significantly
greater than could be expected from development if the permit or special
permit were denied, that the applicant has no reasonable alternative
available to accomplish his purpose, and that specific conditions
to minimize detrimental effects and protect the neighborhood have
been imposed and, if necessary, secured by bond or otherwise. In addition,
the specific conditions of the applicable section of the bylaw must
be met.
Persons aggrieved by a decision of the Board of Appeals may
appeal such decision to the Bristol County Superior Court within 20
days of the filing of such decision with the Town Clerk as provided
in MGL c. 40A, § 17, as amended.
Rights authorized by variance must be exercised within one year
of the date of the grant. The Zoning Board of Appeals, in its discretion
and upon written application of the grantee of such rights, may extend
the time for exercise of such rights for a period not to exceed six
months; provided, further, that the application for such extension
is filed with the Zoning Board of Appeals prior to the expiration
of such one-year period.
A.
No appeal, application or petition which has been unfavorably and
finally acted upon by the special permit granting authority or permit
granting authority shall be acted favorably upon within two years
after the date of final unfavorable action unless said special permit
granting authority or permit granting authority finds, by unanimous
vote of the Board of Appeals or by a two-thirds vote of the Planning
Board, specific and material changes in the conditions upon which
the previous unfavorable action was based, and describes such changes
in the record of its proceedings, and unless all but one of the members
of the Planning Board consents thereto and after notice is given to
parties in interest of the time and the place of the proceedings when
the question of such consent will be considered.
B.
If such findings are made and consent given, repetitive petitions
shall be treated in the same manner as original petitions as to notification,
hearing and decision requirements.
C.
Any petition for a variance or application for a special permit which
has been transmitted to the permit granting authority or special permit
granting authority may be withdrawn without prejudice by the petitioner
prior to the publication of the notice of a public hearing.
