A. 
Notice of hearings shall be advertised as required by the provisions of MGL c. 40A. A copy of the advertised notice shall be sent by mail, postage prepaid, so that the postmark date is at least 14 days prior to the date of the hearing, to all parties in interest, including the petitioner; abutters, owners of land directly opposite on any public or private street or way and owners of land within 300 feet of the property line, all as they appear on the most applicable tax list; the Planning Board; the planning board of every abutting city or town and the Building Inspector of Whately.
B. 
Notice shall also be given by publication in a newspaper of general circulation in Town once in each of two successive weeks, the first of which shall be at least 14 days prior to the hearing, and by posting the notice in the Town Hall for the same fourteen-day period.
A. 
The Zoning Board of Appeals may view any properties which come before it in requests for special permits, variances or appeals from decisions of the Building Inspector.
B. 
Applicants should be prepared to meet with the Board at the site prior to the conclusion of the public hearing.
All hearings shall be open to the public; no person shall be excluded unless he/she is considered by the Chairperson to be a serious hindrance to the workings of the Board.
An applicant may appear in his/her behalf or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of an applicant, the Board shall decide on the matter using the information it has otherwise received or it may declare the petition to be withdrawn without prejudice.
A. 
The order of business at hearings shall be as follows:
(1) 
Explanation of procedures by the Chairperson.
(2) 
Applicant's presentation.
(3) 
Comments from the public, if any, and questions by those seeking information.
(4) 
Applicant's response, if any.
B. 
Subsections A(1) through A(4) will be repeated for each application presented to the Board.
C. 
Members of the Board who are hearing the case may direct appropriate questions during the hearing.
A. 
It is recommended that appeals from rulings of the Building Inspector and applications for a variance or special permit be supported by a legibly written memorandum setting forth in detail all facts relied upon. This is particularly desirable in the case of a variance when the following points, based on MGL c. 40A, § 15, should be clearly identified and factually supported:
(1) 
The particular use proposed for the land or building.
(2) 
The circumstances especially affecting the property for which a variance is sought which do not affect generally the zoning district in which it is located.
(3) 
Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which a variance is sought.
(4) 
Facts relied upon to support a finding that the relief sought will be desirable and without substantial detriment to the public good.
(5) 
Facts relied upon to support a finding that the relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw (Chapter 171).
B. 
Memorandum may be filed at the public hearing or within such time thereafter as may be fixed by the Board, but in no case later than 14 business days after the public hearings. Other communications may not be accepted.