The Board of Appeals in existence when this amendment shall take effect shall continue, subject to its existing rules and procedures, the authorities conferred thereon by Chapter 40A of the Massachusetts General Laws, and the provisions of this chapter.
A.
There shall be a Board of Appeals consisting of five members who shall be appointed by the Mayor and approved by the City Council. The terms of the appointed members shall be such that one expires on January 31 of each year. Any vacancy on the Board shall be similarly filled for any unexpired term, and such Board shall annually elect a Chairman from its own members.[1]
B.
There shall be five associate members of the Board of Appeals, who shall be appointed by the Mayor and approved by the City Council; and in case of a vacancy, inability to act, or interest on the part of a regular member of the Board, his or her place shall be filled by an associate member, who shall have all powers and duties of the member whose place he or she fills.
[Amended 2-16-2016 by Ord. No. 013]
C.
Any person whose application has been refused may appeal therefrom within 60 days. Such appeal shall be in writing and shall be filed, together with a fee of $10, with the Building Inspector, who shall transmit the appeal to the Board at once, and deposit the fee with the City Collector. The fee for a special permit or variance application shall be $150; the fee for an administrative appeal shall be $200; or fees as set from time to time by the Board of Appeals.
[Amended 2-16-2016 by Ord. No. 013]
D.
The cost of advertising of the hearings shall be paid for by the petitioner to the Clerk of the Board of Appeals.
E.
After such notice to the appellant, to the Inspector and to other such parties as the Board may order, and after 14 days' published notice, a hearing shall be had, and the Board may by a four-fifths vote affirm, annul, or modify the proposal in harmony with the intent and purpose of the chapter but not otherwise.
F.
The Board of Appeals shall keep a detailed record of its proceedings. The record shall indicate the vote of each member upon each question, including whether the member was absent or failed to vote; the reason or reasons for the Board's decision; and the official action taken.