There shall be a Zoning Board of Appeals consisting of five
members and two associate members to be appointed by the Select Board
as provided in MGL c. 40A, § 12. The Board shall act within
its statutory powers as provided in MGL c. 40A, § 14, and
on matters within its jurisdiction under this bylaw in a manner prescribed
in MGL c. 40A, § 15. This Board of Appeals shall also serve
as Board of Appeals under the Subdivision Control Law as provided
in MGL c. 41, § 81-Z.
The Board of Appeals may hear and decide applications for special
permits upon which the Board of Appeals is specifically authorized
to act under this bylaw in accordance with all the applicable provisions
of Section 6.3 herein.
The Board of Appeals may impose conditions, safeguards, or limitations,
both of time and use, including the continued existence of any particular
structure, but excluding any condition, safeguards, or limitations
based upon the continued ownership of the land or structures in question
by the same person.
Any appeal, application, or petition to the Board of Appeals
must be filed with the Town Clerk, who shall forthwith transmit a
copy thereof to the Board of Appeals.
7.5.1 Required public hearing. The Board of Appeals shall hold a hearing
on any appeal, application or petition transmitted to it by the Town
Clerk within 65 days from the date of transmittal after having published,
posted and sent a notice of such hearing to parties in interest as
provided in MGL c. 40A, § 11, and after having notified
the Town's Planning Board and the planning boards of adjacent cities
and towns, which may forward recommendations with respect to said
matter for consideration of the Board of Appeals as provided in MGL
c. 40A, § 15.
7.5.2 Review by other boards and agencies. The Board of Appeals shall,
within 10 days after receipt of an appeal, application or permit,
transmit a copy thereof for review to the Board of Health, the Planning
Board, the Select Board, and the Conservation Commission and any other
Town agency at the discretion of the Board of Appeals. Any board or
agency to which such matters are referred for review shall make such
recommendations as it deems appropriate in writing to the Board of
Appeals; provided, however, that failure to make recommendations within
35 days of receipt by such board or agency of the matter for review
shall be deemed lack of opposition thereto.
[Amended 5-9-2022 ATM by Art. 39]
The decision of the Board of Appeals shall be made within 100
days after the date of the filing of an appeal, applications or petition
with the Town Clerk, except in regard to special permits as provided
in Section 6.3 of this bylaw. Failure by the Board to act within said
100 days shall be deemed to be the grant of relief, application or
petition sought, except in regard to special permits.