The board of appeal, established in Chapter 220 of the Acts
of 1920, Chapter 361 of the Acts of 1941, and Chapter 280 of the Acts
of 1946, as amended, shall constitute the board of appeals as required
under Chapter 40A, General Laws, and this title.
(C.O. 83-3 § 17-3(C)(part))
Pursuant to MGL c. 40A, Section 12, in addition to the five
regular members of the zoning board of appeals, there shall be an
associate member of the zoning board of appeals. Such member shall
be appointed by the mayor subject to the confirmation by the city
council. The chair of the zoning board of appeals may designate such
associate member to sit on the board in the event of absence, inability
to act or conflict of interest on the part of any regular member of
the board. During such times that the associate member serves on the
board, and for all decisions heard by such associate member, the associate
member shall have all the powers and duties of a regular member of
the zoning board of appeals.
(C.O. 06-437 § 1)
The board of appeal shall have the following powers:
A.
Upon
appeal or petition, to grant variances from the terms of this title
where the board finds that, owing to circumstances relating to soil
conditions, shape or topography specifically affecting such land or
structures but not the zoning district in general, a literal enforcement
of the provisions of this title would involve substantial hardship,
financial or otherwise, to the petitioner or appellant, and that desirable
relief may be granted without nullifying or substantially derogating
from the intent or purpose of such an ordinance, and without substantial
detriment to the public good;
B.
To
hear and decide appeals of decisions or orders made by the inspector
of buildings or other administrative official, in accordance with
Chapter 40A, Section 7, General Laws. Any appeal of a decision or
order made by the building inspector or other administrative official
shall be taken within thirty days from the date of such decision or
order by filing written notice of appeal, specifying the grounds thereof,
with the city clerk, who shall forthwith transmit copies to such person
whose decision or order is being appealed and to the board of appeals.
Such person shall forthwith transmit to the board of appeals all documents
and papers constituting the record of the case in which the appeal
is taken.
(C.O. 83-3 § 17-3(C)(1)(part))
All petitions or appeals for variances shall be filed by the
petitioner with the city clerk, who shall forthwith transmit a copy
thereof to the board of appeals. Petitions shall specify, as appropriate:
A.
The
grounds of the appeal, the specific subsections of this title or the
specific decision from which the appeal is made, applied under or
to be varied;
B.
The
land, buildings or parts thereof for which the variance is sought,
and the duration of time for which it is to apply, whether in terms
of a stated number of years, the life of the existing building or
otherwise; and
C.
Shall
be accompanied by such data, plans and specifications as are required
by this title or by the board of appeals for the purpose of a clear
understanding by the board of the issues, situations or facts of the
case.
(C.O. 83-3 § 17-3(C)(1)(part))
All applications for appeals and petitions for variances shall,
as required by the General Laws, be accompanied by fees as established
from time to time by city ordinance, if the appellant, applicant or
petitioner is not an officer or board of the city, plus cost of notices.
(C.O. 83-3 § 17-3(C)(1)(part))
The board of appeals shall hold a public hearing on any appeal,
application or petition transmitted to it by the city clerk within
sixty-five days of the date of transmittal.
(C.O. 83-3 § 17-3(C)(1)(part))
If the rights authorized by a variance or appeal are not exercised
within one year from the date of granting, they shall lapse; provided,
however, that the board of appeals in its discretion and upon written
application by the grantee of such right may extend the time for exercise
of such rights for a period not to exceed six months; and provided
further, that the application for such extension is filed with the
board of appeals prior to the expiration of such one-year period.
If the board of appeals does not grant such extension within thirty
days of the date of application thereof, and upon the expiration of
the original one-year period, such rights may be reestablished only
after notice and a new hearing pursuant to the provisions of this
section.
(C.O. 83-3 § 17-3(C)(1)(part); C.O. 85-4A § 16(P))
A.
All
decisions of the board of appeal shall be by a four-fifths vote of
all members and shall be specific as to the subject granted or denied
and the location to which it applies.
B.
Grants
of variances shall, in addition, specify any limitations of time and
use imposed, and any regulations made or amended, compliance with
which is a condition; of the use permitted.
C.
Failure
of the board of appeal to act within seventy-five days of filing for
an appeal or variance shall be deemed to be granting of the relief,
application or petition sought.
(C.O. 83-3 § 17-3(C)(1)(part))
Decisions of the board of appeal shall be interpreted as follows:
All data, plans and specifications presented by the applicant, appellant
or petitioner shall be considered to be incorporated as part of the
board's decision unless specifically excluded therein.
(C.O. 83-3 § 17-3(C)(1) (part))
Every decision of the board of appeal shall contain a full record
of the findings of the board pertaining to the particular case. The
board shall keep minutes of its proceedings showing the vote of each
member, or associate member, upon every question or, if absent or
failing to vote, indicating such fact, and clearly setting forth the
reason(s) for its decision and/or action, copies of which shall be
filed with the city clerk within fourteen days of the hearing.
(C.O. 83-3 § 17-3(C)(1)(part))
The planning board may submit recommendations on matters before
the board of appeal at least two working days prior to the board of
appeal's public hearing. The recommendation shall be in the form of
a written report, shall be read aloud at the public hearing by a duly
authorized person representing the planning board, and shall become
part of the recorded minutes of that public hearing.
(C.O. 83-3 § 17-3(C)(1)(part))
The board of appeal's public hearing agenda and site plans for
each petition or application on the agenda shall be received by the
planning board from the board of appeal a minimum of seven days prior
to the scheduled public hearing, failing which the public hearing
shall be postponed.
(C.O. 83-3 § 17-3(C)(1)(part))
No appeal or petition for a variance from the terms of this
title with respect to a particular parcel of land or the building
thereon, and no application for a special exception to the terms of
this title, which has been unfavorably acted upon by the board of
appeal, shall be considered on its merits within two years after the
date of such unfavorable action unless the board, by a vote of at
least four to one, finds there are specific and material changes in
the conditions upon which the previous unfavorable action was based,
and unless, after serving notice to the parties of interest of the
time and place of proceedings, eight of the nine members of the planning
board consent thereto.
(C.O. 83-3 § 17-3(C)(1)(part))
