[HISTORY: Adopted by the Town of Marlborough 3-1-1989. Amendments noted where applicable.]
The Zoning Board of Appeals shall be formed and shall serve as provided by the General Statutes of the State of Connecticut and shall have the following powers and duties:
A. 
Adopt such rules and procedures as may be necessary to carry out these regulations.
B. 
Upon application, hear and decide appeals where it has been alleged that there is an error in any order, decision or requirement made by the ZEO in the enforcement of these regulations.
C. 
Upon application, decide requests for special permits in the cases specified in this regulation or the General Statutes and Special Acts of the State of Connecticut.
D. 
Upon application, determine and vary the application of these regulations in harmony with their general purpose and intent and with due consideration for conserving the public health, safety, convenience, welfare and property values solely with the respect to a parcel of land where, owing to conditions especially affecting such parcel but not affecting generally the district in which it is situated, a literal enforcement of such regulations would result in exceptional difficulty or unusual hardship so that substantial justice will be done and the public welfare and safety secured.
A. 
All applications, appeals and requests submitted to the ZBA shall be accompanied by the following:
(1) 
A fee to defray the cost of the legal notice and the processing of the application. Fee rates to be set annually by the Board of Selectmen. (See Appendix C for the present Fee Schedule[1])
[1]
Editor's Note: Said Fee Schedule is on file in the Town offices.
(2) 
A site development plan and/or other pertinent documents necessary to explain the nature of the application.
(3) 
A report from the ZEO, which shall include, but not be limited to, a statement regarding the nature of the application and the particular regulations affected.
B. 
Submission of the application to the administrative official must be made at least 15 days prior to a regularly scheduled meeting.
C. 
The Board shall hold a public hearing on all appeals, requests for special permits, request for interpretation of these regulations and application for variances as per the requirements of Article Five and shall publish a notice of said hearing in a newspaper of general circulation with the Town in accordance with the General Statutes of the State of Connecticut, as amended.
D. 
The Board shall notify the Town Clerk of the adjoining municipality by certified mail of the pendency of any application within seven days of receipt of an application concerning any project on any site, when in the sole opinion of the Board:
(1) 
Any portion of the property affected by a decision of the Board is within 500 feet of the boundary of the adjoining municipality; or
(2) 
A significant portion of the traffic to the completed project on the site will use streets within the adjoining municipality to enter or exit the site; or
(3) 
A significant portion of the sewer or water drainage from the project on the site will flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or
(4) 
Water runoff from the improved site will impact streets or other municipal or private property within the adjoining municipality.
E. 
Within seven days of receipt of any request for a use variance, the ZBA shall submit the application for such variance to the Zoning Commission, and any report submitted by the Commission shall be read at the public hearing and be made part of the record of the application.
F. 
If an application involves an activity regulated pursuant to the Marlborough Inland Wetland and Watercourse Area Regulations, the applicant shall submit an application to the Inland Wetland Agency not later than the day the application is filed with the ZBA.
G. 
After submission of the application and receipt at a meeting of the ZBA, the ZBA shall, within 65 days render a decision on the application.
H. 
The applicant may consent, in writing, to one sixty-five-day extension of the decision date on the application.
I. 
If an application involves an activity that requires an inland wetland and watercourse permit and the time limit for a decision by the ZBA would elapse prior to the 35th day after a decision by the Inland Wetlands Agency, the time period for a decision by the ZBA shall be extended to 35 days after the decision of the Inland Wetland Agency.
J. 
The ZBA may approve, approve with conditions or disapprove the application. Notice of the decision of the ZBA shall be communicated to the applicant by certified mail within 15 days after such decision has been rendered. Notice of the decision of the ZBA shall be published in a newspaper having a substantial circulation in the Town within 15 days after such action has been taken. The reasons for the action of the ZBA shall be set forth in the minutes of the ZBA.
A. 
The concurring vote of four members of the ZBA shall be necessary to reverse any order, requirement or decision of the ZEO or to decide in favor of the application any matter upon which it is required to pass under these regulations or to vary the application of these regulations.
B. 
In issuing any order, requirement, determination, interpretation, decision or granting any variance, the ZBA may prescribe appropriate conditions and safeguards deemed reasonable to protect the rights of individuals, property values, the environment, the neighborhood, the public health, safety and welfare. Violation of such conditions and safeguards, when made a part of the terms under which the decision is granted, may render the decision void.
C. 
In considering special permit applications, the ZBA shall insure conformance with the criteria defined in Article Five and other provisions of these regulations.
D. 
In exercising the above-mentioned powers, the ZBA may, so long as such action is in conformity with the terms of this regulation, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from and may make such order requirement, decision or determination appealed from and may make such order, requirement, decision or determination as out to be made, and to that end shall have powers of the ZEO from whom the appeal was taken. Whenever the ZBA grants any special permit or variance of the zoning regulations applicable to any property, or reverses wholly or in part any order, requirement, or decision appealed from the ZEO, it shall state upon its records the reason why such variance, appeal or special permit was granted or such reversal made.
E. 
A variance from these regulations shall not be granted by the ZBA unless:
(1) 
Special conditions and circumstances exist which are peculiar to the land, structure, or buildings in the same district.
(2) 
The special conditions and circumstances do not result from the actions of the applicant.
F. 
A nonconforming use of neighboring lands, structures, or buildings in the same zoning district shall not be considered grounds for issuance of a variance.