[HISTORY: Adopted by the Zoning Board of Appeals of the Town
of Wenham 3-21-2012. Amendments
noted where applicable.[1]]
[Amended 2-24-2021]
These rules are authorized by MGL c. 40B, § 21, MGL
c. 44, § 53G, and 760 CMR 56.
A.
Twenty copies of the application, including all supporting documentation
and the filing fee, shall be submitted to the Wenham Zoning Board
of Appeals (the "Board") at a regularly scheduled meeting. Immediately
thereafter, a dated, stamped copy of the filing letter shall be given
to the Town Clerk. It is recommended that the applicant meet with
the Board or the Board's designee prior to submission to review the
application and determine if all the required documents are attached.
B.
The Board shall immediately transmit copies of the complete application
to the Board of Selectmen, Planning Board, Board of Health, Conservation
Commission, Police Department, Fire Department, Department of Public
Works, Building Inspector, Affordable Housing Trust, Recreation Department,
and School Committee, and any other relevant board, commission, or
official, and request written recommendations and an appearance at
the hearing on said application. The Board shall take into consideration
the recommendations of the local boards and officials.
[Amended 2-24-2021]
C.
The Board shall commence a hearing within 30 days of submission of
the application. The length of the hearing shall reflect the size
and complexity of the application. The hearing should be terminated
when all testimony has been received and all information requested
by the Board has been received and reviewed.
D.
The Board shall issue a decision within 40 days after the termination
of the hearing and file the decision in the Town Clerk's office within
that same time period.
E.
The Board and the applicant may, by mutual written agreement, extend
the thirty-day time period in which to hold the hearing and, after
close of the hearing, extend the time period in which to render a
decision. Such written agreement shall be filed in the office of the
Town Clerk.
It is the intent of the Board to have a complete application
and full documentation provided with the application. In addition,
the Board may require additional information during the review process,
as it deems appropriate.
The applicant shall be required to submit the following information:
A.
A detailed list of all requested exemptions to local requirements
and regulations, including local bylaws and regulations.
B.
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. All structures of five or more units must have site development plans signed and stamped by a registered architect. Structures of fewer than five units may submit a sketch of the matters referenced herein and in Subsection C below, which need not have an architect's signature and stamp; subject, however, to the Board's right to require architectural plans, at any time prior to or during the hearing, if deemed necessary by the Board.
C.
A report, together with a plan(s), if applicable, regarding 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. The zoning district or districts, if more than
one district is involved, shall also be shown on the plan. (If the
abutting land is in another district or Town, this shall also be shown.)
D.
Preliminary architectural scaled drawings for building plans, including
typical floor plans, typical elevations and sections, and identifying
construction type and exterior finish, signed and stamped by the architect.
E.
A tabulation of proposed buildings by type, size (number of bedrooms,
floor area), and ground coverage, and summary showing the percentage
of the tract to be occupied by buildings, by parking and other paved
vehicular areas, and by open areas.
F.
Where a subdivision of land is involved, a preliminary or a definitive
subdivision plan. If a preliminary plan is submitted, the Board shall
have the right to require the applicant to submit any and all information
typically required on a definitive plan, if deemed necessary by the
Board.
G.
A utilities plan showing the proposed location and types of sewage,
water and drainage facilities, including hydrants.
H.
Documents specified in 760 CMR 56 to show the status of the applicant
and the acceptability of the site.
[Amended 2-24-2021]
I.
Appropriate documentation evidencing the applicant's control of the
site.
J.
Certified plan of land prepared by a registered land surveyor or
a registered professional engineer.
K.
A copy of the deed to the applicant's property, showing the Registry
of Deeds book and page number(s). If the property is under a purchase
and sales agreement, a copy of said agreement shall also be provided.
L.
An abutters list certified by the Town Assessors' office listing
all abutters as defined in MGL c. 40A, § 11.
The application shall be accompanied by a filing fee, based
on a flat fee and the number of housing units proposed: $500 base
fee, plus $50 per unit for developments with more than 10 units.
A.
If the applicant is not the owner of the property, the owner(s) shall
provide written authorization for the subject application by the applicant
on the application.
B.
If the individual signing the application is unable to attend any
hearing on the application, the Board shall require written authorization
from the applicant that the designated representative has consent
to represent the applicant or to withdraw the application.
A.
The Board may hire outside consultants for review and analysis of
any application when the Board determines it appropriate. The cost
for the outside consultants shall be borne by the applicant. The Board
shall follow the requirements of the Uniform Procurement Act, MGL
c. 30B, § 4, for consultant services less than $25,000.
B.
The Board will select the consultant after reviewing both the bid and any comments received from the applicant pursuant to § 404-7C(6) of these rules, but it normally will not formally award the contract until the review fee has been paid. If the applicant fails to pay the review fee within 10 days of receiving written notification of selection of a bidder, the Board may deny the comprehensive permit.
C.
Pursuant to MGL c. 44, § 53G, and MGL c. 40B, § 21,
the Board, through this regulation, provides for an applicant's payment
of the fees for outside consultants as set forth below:
(1)
When conducting any hearing pursuant to MGL c. 40B, § 21
(the subject of which is hereinafter referred to as a "proposal"),
the Board of Appeals may determine that the assistance of outside
consultants is warranted due to:
(2)
The Board may require that the applicant(s) pay a review fee consisting
of the reasonable costs incurred by the Board for the employment of
outside consultants engaged by the Board to assist in the review of
an application.
(3)
In hiring outside consultants, the Board may engage engineers, planners,
traffic consultants, attorneys, housing specialists and financial
analysts, and/or other appropriate outside consultants who can assist
the Board in reviewing and analyzing the proposal. The minimum qualifications
shall consist either of an educational degree in, or related to, the
field at issue or three or more years of practice in the field at
issue or a related field.
(4)
Funds received by the Board pursuant to this section shall be deposited
with the Town Treasurer/Collector who shall establish a special account
for this purpose in accordance with the provisions of MGL c. 44, § 53G.
Expenditures from this special account may be made at the direction
of the Board in connection with the hearing of a specific proposal
for which a review fee has been collected from the applicant without
further appropriation. Failure of an applicant to pay a review fee
shall be grounds for denial of the comprehensive permit.
(5)
Review fees may only be spent for services rendered in connection
with the specific proposal from which they were collected. Accrued
interest may also be spent for this purpose. At the completion of
the Board's review of a proposal, any excess amount in this account,
including interest, attributable to a specific project shall be repaid
to the applicant or the applicant's successor in interest. A final
report of said account shall be made available to the applicant or
the applicant's successor in interest. For the purpose of this regulation,
any person or entity claiming to be an applicant's successor in interest
shall provide the Board with documentation establishing such succession
in interest.
(6)
Prior to paying the review fee, the applicant may appeal the selection
of an outside consultant(s) to the Board of Selectmen. The grounds
for such an appeal shall be limited to claims that the consultant(s)
selected has a conflict of interest or does not possess the minimum
required qualifications.
(7)
The written appeal should specify the nature of the conflict of interest
and detail the lack of required qualifications. A copy of the appeal
shall be simultaneously provided to the Board.
(8)
The time limit for the Board's action on the proposal shall be extended
by the duration of any administrative appeal to the Board of Selectmen.
In the event that the Board of Selectmen makes no decision regarding
the appeal within 30 days following the filing of such appeal, then
the selection of the Board of Appeals shall stand.
