The Board of Appeals shall consist of three members and three
associate members, who shall be appointed and act in all matters under
this bylaw in the manner prescribed by Chapters 40A and 41 of the
General Laws, as amended.
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:
6221.
Special permits. To hear and decide applications for special
permits upon which the Board is empowered to act under this bylaw.
6222.
Variances. To hear and decide appeals or petitions for variances
from the terms of this bylaw, excluding variances for use, with respect
to particular land or structures. Such variances shall be granted
only in cases where the Board of Appeals finds all of the following:
a.
A literal enforcement of the provisions of this bylaw would involve
a substantial hardship, financial or otherwise, to the petitioner
or appellant.
b.
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.
c.
Desirable relief may be granted without:
(1)
Substantial detriment to the public good; and
(2)
Without nullifying or substantially derogating from the intent
or purpose of this bylaw.
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If the rights authorized by a variance are not exercised within
one year from the date of grant of such variance, they shall lapse,
and may be reestablished only after notice and a new hearing.
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6223.
Appeals. Other appeals will also be heard and decided by the
Board of Appeals when taken by:
a.
Any person aggrieved by reason of his inability to obtain a permit
or enforcement action from any administrative officer under the provisions
of MGL c. 40A; or by
b.
The Metropolitan Area Planning Council; or by
c.
Any person, including any officer or board of the Town of Sharon
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 MGL c. 40A or this bylaw.
6224.
Withheld building permits. Building permits withheld by the
Inspector of Buildings acting under MGL c. 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.
6225.
Consultants. To facilitate review of an application for a special
permit or variance or an appeal, the Board of Appeals may engage outside
consultants in accordance with Subsection 6340.
6226.
Rules and regulations; fees. The Board may by majority vote
adopt rules and regulations and may impose fees for any application.
Comprehensive permits may be issued by the Board of Appeals
in accordance with the following rules and policies:
6231.
Purpose and context.
a.
These rules establish procedures for applications to the Board of
Appeals for comprehensive permits granted under the Anti-Snob Zoning
Act (Chapter 744 of the Acts of 1969), MGL c. 40B, §§ 20
through 23. They are required by MGL c. 40B, § 21, as amended
by Stat. 1989, c. 593. The purpose of that Act and these rules is
to facilitate the development of affordable housing in Massachusetts.
Further explanation of the background and purpose is provided in the
regulations of the Housing Appeals Committee.
b.
These rules alone are not sufficient to describe comprehensive permit
procedures before the Zoning Board of Appeals. They must be read in
conjunction with and implemented in a manner consistent with the complete
regulations of the Housing Appeals Committee and with the Guidelines
for Local Review of Comprehensive Permits, published periodically
by the Department of Housing and Community Development, and with the
Town of Sharon's Guidelines for Development Under the New England
Fund (NEF), as the same are to be enacted as may be amended from time
to time. In addition, the Board's general rules for conduct of hearings
under MGL c. 40A apply to comprehensive permit applications. In case
of inconsistency or conflict between those general rules for conduct
and these rules, these rules shall govern.
6232.
BOARD
LOCAL BOARD
Definitions. As used in this Section 6230, the following terms
shall have the meanings indicated:
The Board of Appeals established under MGL c. 40A, § 12.
Any local board or official, including, but not limited to,
any board of survey; board of health; planning board; conservation
commission; historical commission; water, sewer or other commission
or district; fire, police, traffic or other department; building inspector
or similar official or board; or select board. All boards, regardless
of their geographical jurisdiction or their source or authority (that
is, including boards created by special acts of the Legislature or
by other legislative action), shall be deemed local boards if they
perform functions usually performed by locally created boards.
6233.
Filing, time limits and notice.
a.
The application for a comprehensive permit shall consist of:
(1)
Preliminary site development plans showing the locations and
outlines of proposed buildings; the proposed locations, general dimensions
and materials for streets, drives, parking areas, walks and paved
areas; and proposed landscaping improvements and open areas within
the site. An application proposing to construct or rehabilitate four
or fewer units may submit a sketch of the matters in Subsection 6233a(3)
below, which need not have an architect's signature. All structures
of five or more units must have site development plans signed by a
registered architect;
(2)
A report on existing site conditions and a summary of conditions
in the surrounding areas, showing the location and nature of existing
buildings, existing street elevations, traffic patterns and character
of open areas, if any, in the neighborhood. This submission may be
combined with that required in Section 6233a(1) above;
(3)
Preliminary, scaled, architectural drawings. For each building,
the drawing shall be signed by a registered architect, and shall include
typical floor plans, typical elevations and sections, and shall identify
construction type and exterior finish;
(4)
A tabulation of proposed buildings by type, size (number of
bedrooms, floor area) and ground coverage, and a summary showing the
percentage of the tract to be occupied by buildings, by parking and
other paved vehicular areas, and by open areas;
(5)
Where a subdivision of land is involved, a preliminary subdivision
plan;
(6)
A preliminary utilities plan showing the proposed location and
types of sewage, drainage and water facilities, including hydrants;
(7)
Documents showing that the applicant fulfills the following
jurisdictional requirements:
(8)
A list of requested exceptions to local requirements and regulations,
including local codes, ordinances, bylaws or regulations; and
(9)
The site approval letter from the subsidizing agency.
b.
The application shall be accompanied by a filing fee based upon the
number of proposed housing units of:
(1)
For limited dividend organizations: $100 per unit.
(2)
For nonprofit organizations: $50 per unit.
(3)
For public agencies: $0.
(4)
There shall be no filing fee for any project proposed as a local
initiative.
(5)
In addition, the applicant shall be responsible for paying all
legal advertisement costs.
c.
Within seven days of filing of the application, the Board shall notify
each local official of the application by sending such official a
copy of the list required by Subsection 6233a(8) above. Based upon
that list, it shall also, within the same seven days, invite the participation
of each local official who has a substantial interest in the application
by providing such official with a copy of the entire application.
All abutters and parties in interest shall be notified of the public
hearing, pursuant to MGL c. 40A, § 11.
6234.
Consultants. To facilitate review of an application for a comprehensive
permit, the Board of Appeals may engage outside consultants in accordance
with Subsection 6340.
6235.
Public hearing and decision.
a.
The Board shall hold a public hearing on the application within 30
days of its receipt, or such other time frame that may be mutually
agreed upon by the Board and the applicant. It may require the appearance
at the hearing of such representatives or local officials as it considers
necessary or helpful in reviewing the application. In making its decision,
the Board shall take into consideration the recommendations of local
officials. The hearing shall be held at the date, time and place established
by the Chair of the Board.
b.
The Board shall render a decision, based on a majority vote of the
Board, within 40 days after termination of the public hearing, unless
such time period is extended by written agreement of the Board and
the applicant. The hearing is deemed terminated when all public testimony
has been received and all information required by the Board has been
received.
c.
The Board may dispose of the application by one of the following
manners:
(1)
Approve a comprehensive permit on the terms and conditions set
forth in the application;
(2)
Deny a comprehensive permit as not consistent with local needs;
or
(3)
Approve a comprehensive permit with conditions with respect
to height, site plan, size, shape or building materials that do not
render the construction or operation of such housing uneconomical.
6236.
Appeals.
a.
If the Board approves the comprehensive permit, any person aggrieved
may appeal within the time period and to the court provided in MGL
c. 40A, § 17.
b.
If the Board denies the comprehensive permit or approves the permit
with unacceptable conditions or requirements, the applicant may appeal
to the Housing Appeals Committee as provided in MGL c. 40B, § 22.
To assist in fulfilling its responsibilities for site plan review,
the Board of Appeals shall appoint a Design Review Committee which
shall serve at the will of the Board of Appeals. The Design Review
Committee shall serve in an advisory capacity and shall provide guidance
and counsel to the Board of Appeals with respect to architectural,
site design, landscape, signage, aesthetic, and visual quality concerns.
Persons appointed to the Committee shall be selected based upon ability
and competence to advise the Board of Appeals on architectural, site
design, landscape, signage, aesthetic, and visual quality matters
and may have education in the disciplines of architecture, landscape
architecture, art, graphic arts, and related fields. The Design Review
Committee shall consist of five members. Minutes of all meeting shall
be submitted to the Board of Appeals for review. Reports to the Board
of Appeals shall be submitted upon majority vote of the Design Review
Committee.
