[Amended 4-25-2024]
The Zoning Board of Appeals shall consist of three regular and two alternate members appointed by the Selectboard. The regular members of the Board shall elect all officers of the Zoning Board, to include a Chairperson, Vice Chairperson and Clerk.
A. 
The Chairperson shall vote and be recorded on all matters coming before the Board. Subject to these rules, he/she shall decide all points of order, unless overruled by a majority of the Board in session at the time. He/she shall appoint such committees as may be found necessary or desirable.
B. 
In addition to the powers granted by the General Laws of the Commonwealth of Massachusetts and Chapter 171, Zoning, of the Code of the Town of Whately and subject to these rules and further instructions of the Board, the Chairperson shall transact the official business of the Board, supervise the work of the Clerk, request necessary help, direct the general work of the Board and exercise general supervisory power. He/she shall at each meeting report the official transactions that have not otherwise come to the attention of the Board.
The Vice Chairperson shall act as Chairperson in the case the Chairperson is absent, disabled or otherwise unable to perform his/her duties. If both the Chairperson and the Vice Chairperson are absent, the Clerk shall act as Chairperson and appoint an Acting Clerk.
The Clerk shall be a member of the Board and shall, subject to review by the Board and its Chairperson, supervise all of the clerical work of the Board, including all correspondence of the Board, sending of all notices required by law, preparation of rules and orders of the Board, receiving and scrutinizing all applications for compliance with the rules of the Board, keeping dockets and minutes of the Board's proceedings, compiling all required records, maintaining necessary files and indices and calling the roll at all Board meetings. If the Clerk is absent, the Chairperson shall appoint an Acting Clerk.
Alternate members shall sit on the Board in case of the absence, inability to act or apparent conflict of interest on the part of any Board member or as part of a regularly scheduled rotation among the regular members.
A. 
Meetings of the Zoning Board of Appeals shall be called by the Chairperson as needed or at the request of two or more members and shall be posted 48 hours in advance of the meeting. Public hearings shall be posted as required by MGL c. 40A.
B. 
Business at meetings shall include site and other plan examinations and all other matters in the province of the Zoning Board except petitions for special permits and variances and appeals from the decision of the Building Inspector. Hearings on petitions and appeals before the Board may be held prior to or following the meeting, as designed by the Chairperson. Meetings, while open to the public, are not public hearings. The Board will seek information or testimony as it deems necessary. Unsolicited comments from the public may, at the discretion of the Chairperson, be ruled out of order.
C. 
Site plans which come to the Zoning Board of Appeals may be sent to the Planning Board for an advisory opinion by the Zoning Board of Appeals, the Building Inspector or as required by the bylaw. Site plans need not be approved by the Zoning Board of Appeals until that Board has had opportunity for review.