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Date Created: 12/22/15
City of Beverly ZONING APPEAL APPLICATION CHECKLIST This is a brief checklist to determine the completeness of the most common applications (setback variances and special permits). Please refer to the “Rules of the Board of Appeal“ for more complete information. It is the responsibility of the applicant to submit a complete application in full compliance with the “Rules of the Board.” Incomplete filings will not be accepted for processing and scheduling. Hearing dates are not assigned in advance. ▯ Thirteen copies of each of the following, collated and attached with paper clips (not staples) ▯ Application (Form 1 and Form 2A, 2B and/or 2C, as applicable) filled out completely, with original signature on each application. We recommend filling out one application (without a signature), then make copies, and then sign the 13 copies ▯ Certified plot plan showing location of structure(s) on property, and any site details, including parking. Any changes made after the date of the plot plan shall be shown on plan – see rules for plot plan requirements. ▯ For all changes in use, alterations or additions: ▯ Floor plans, to scale – be clear on plans what work is proposed and what is existing ▯ Elevation drawings (to scale) showing entire building and proposed addition (if any). On elevation drawings, highlight proposed new work in red. Show dimensions of grade to ridge, grade to eave and foundation dimensions ▯ Each drawing should have a title block with name, address, drawing number (for example, “Drawing 1 of 5”) and project description ▯ Assessor’s map showing your parcel and all surrounding parcels within 300’ (available from the engineering department). Highlight your parcel on the assessor’s map ▯ A minimum of six color photographs showing structure from various angles ▯ One of the thirteen copies is to contain sheets no more than 8 ½” x 11” (all larger documents are to be reduced to 8 ½” x 11”) ▯ A “Request for Certified List of Abutters” (one copy) ▯ A “Request for Legal Notice “, indicating how the legal notice is to be worded ▯ A check for $150 made payable to the City of Beverly ($200 for administrative appeals) In addition, while not required, the applicant may choose to: • Retain an attorney, engineer, architect and/ or other representative to proceed with the case on behalf of the Applicant. • Meet with the abutters, and other interested parties, to discuss in advance the Application and hear the concerns of interested parties. It is strongly recommended that the applicant submit written letters of support from abutters in support (or a signed petition) Letters can be submitted at the time of the hearing. • Include any additional exhibits or information that you feel may be helpful to your Petition. The Board may request additional information at the time of the public hearing. Zoning Board of Appeals City of Beverly FORM 1 APPLICATION FOR HEARING Application Date _________________________________ The undersigned hereby petitions the Zoning Board of Appeals for the following: ______ Variance _______ Special Permit _______ Administrative Appeal ______ Finding _______ Modification or Extension of Decision (attach decision) Subject Property Address ___________________________________ Zoning Dist rict ______ Is property known by any other address or name: Tax Assessor’s Property ID: Map No.: _________ Parcel No.: ________ Has there been any previous appeal to the Board involving this property (yes/no): __________ If yes, attach copy of decision(s) Description of Request: Describe what is currently on the premises: Please attach additional sheets if space provided is insufficient Applicants for a Variance must complete Form 2A Applicants for a Special Permit must complete Form 2B Applicants for an Administrative Appeal must complete Form 2C Mailing Address: 191 Cabot S•rBeverly• Massachusett• 01915 • Telephone (978) 921-6•2Fax (978) 921-8580 Office Address: 502 Cabot Street Rev 03/2009 Zoning Board of Appeals Application for Hearing Form 1 Record title to the subject property stands in the name(s): Address of owner of record: Date that owner acquired title: Name of prior owner from whom land was acquired: (Unregistered land) Essex County Registry of Deeds, Book _____________, Page _____________ (Registered land) Land Court Certificate of Title No. _________, Book ________, Page ________ Is land contiguous to other land owned (or subject to purchase or lease that is held by) the petitioner or owner (if yes, explain): The undersigned is: ▯ the owner of the subject property ▯ part owner of the subject property (a letter of authorization by the co-owner(s) and/or condominium association must accompany the application) ▯ the holder of a written option to purchase the subject property ▯ the holder of a valid lease to the subject property (written authorization from the property owner must be submitted with the other application documents) ▯ a party aggrieved by a decision of the building commissioner or other authority ▯ an agent of the owner or petitioner (written evidence of agent’s standing to represent petitioner may be requested) ▯ other (explain) ______________________________________________________ ________ I hereby certify that I have read the Rules of the Board of Appeal and that the statements within my Appeal and attachments are true and accurate to the best of my knowledge, information and belief. I agree to pay the non-refundable fees for legal advertising, registry recording and other administrative expenses. SIGNATURE _____________________________ Print Name ___________________________ ___ Address ________________________________________________________________ __________ Tel. No. _________________________________ Fax No. (optional) _______ __________________ Email (optional) ________________________________ Attach additional signature sheets if there is more than one applicant Do not attempt to discuss the merits of your case with any member of the Board of Appeals at any time after filing this application and prior to the hearing thereon Mailing Address: 191 Cab•tBeverl• Massachuset•s01915• Telephone (978) 9•1-Fax (978) 921-8580 Office Address: 502 Cabot Street Rev 03/2009 City of Beverly Zoning Board of Appeals FORM 2A SUPPORTING STATEMENT FOR A VARIANCE Petitioner seeks a Variance from Section (s) of the Zoning Ordinance for property located at and presents the following findings of fact in accordance with the provisions of M.G. L. 40A, §10: 1. The following circumstances relating to the soil conditions, shape, or topography especially affect the land or structure(s) in question, but do not affect generally the zoning district in which the land or structure(s) are located: 2. Owing to the circumstances described above, a literal enforcement of the provision of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the undersigned for the following reasons: Mailing Address: 191 Cabot S•rBeverly • Massachusetts• 01915 • Telephone (978) 921-6•2Fax (978) 921-8580 Office Address: 502 Cabot Street Rev 08/2009 Zoning Board of Appeals Variance Form 2A 3. Relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance for the following reasons: 4. Describe why the dimension variance as it relates to floor space, bulk, number of occupants, or other relevant measures, if granted, shall be no greater than the minimum necessary to provide relief from the statutory hardship: Please attach additional sheets if space provided is insufficient The law does not permit the Board of Appeals to grant a variance unless all of the legal requirements are satisfied. Each one of the above findings must be answered in detail. If you have any questions as to whether you can establish all of the applicable legal requirements, you should consult with your own attorney The rights authorized by a variance expire one year from the date the decision is filed with the City Clerk, unless exercised or extended in accordance with the terms of M.G. L. 40A, §10 Mailing Address: 191 Cabot Str•etBeverly • Massachusetts• 01915 • Telephone (978) 921-602• Fax (978) 921-8580 Office Address: 502 Cabot Street Rev 08/2009 City of Beverly Zoning Board of Appeals FORM 2B SUPPORTING STATEMENT FOR A SPECIAL PERMIT/FINDING Petitioner seeks a Special Permit/Finding under Section(s) of the Zoning Ordinance for property located at and asks that the Board of Appeals make the following findings of fact in accordance with the provisions of law: 1. The proposed use will be in harmony with the general purpose and intent of the Zoning Ordinance, for the following reasons: 2. The specific site is an appropriate location for such use, for the following reasons: 3. The proposed use as developed will not adversely affect the neighborhood, for the following reasons: Mailing Address: 191 Cabot S•reBeverly• Massachusett• 01915 • Telephone (978) 921-•02Fax (978) 921-8580 Office Address: 502 Cabot Street Rev 03/2009 Zoning Board of Appeals Special Permit Form 2B 4. Nuisance or hazard will not be created to the detriment of the health, safety and/or welfare of the occupant of the proposed use or the citizens of the City, for the following reasons: 5. The specific site has adequate private and/or municipal support facilities, (parking, utilities, waste disposal, drainage, access, etc.), or adequate and appropriate facilities will be provided for the proposed use, as follows: 6. Where applicable, include description of all buildings and facilities, hours of operation, number of employees, whether clients or pupils will come to the house, amount of floor or yard space occupied for accessory uses, number of dwelling units, etc. Please attach additional sheets if space provided is insufficient The rights authorized by a special permit expire two years from the date the decision is filed with the Town Clerk, unless exercised or extended in accordance with the terms of M.G. L. 40A, §9 Mailing Address: 191 Cabot Stre•tBeverly • Massachusetts • 01915 • Telephone (978) 921-602• Fax (978) 921-8580 Office Address: 502 Cabot Street Rev 08/2009 City of Beverly Zoning Board of Appeals FORM 2C SUPPORTING STATEMENT FOR AN ADMINISTRATIVE APPEAL Petitioner is aggrieved by an order or decision of an administrative official, dated ________________ Please attach a copy hereto. If there is no written decision/order, appeal of decision/order cannot be made. If appeal is not made within 30 days of date of written decision, it may be too late. It is suggested that you consult an attorney ______ by reason of his/her inability to obtain enforcement action, ______ by reason of his/her inability to obtain a building or occupancy permit, pertaining to the property at ____________________________________________________________ ___________ and asks the Board of Appeals to: ______ reverse the order or decision ______ modify the order or decision ______ direct the issuance of a building/occupancy permit ______ direct the enforcement of Section(s) _______________________ of the Zoning Ordinance ______ other (explain) for the following reasons: Please attach additional sheets if space provided is insufficient Appeals often involve interpretation of complex zoning bylaws and case law. If necessary, retain an attorney Mailing Address: 191 Cabot S•rBeverly • Massachusetts• 01915 • Telephone (978) 921-6•2Fax (978) 921-8580 Office Address: 502 Cabot Street Rev 08/2009 City of Beverly Zoning Board of Appeal Request for LEGAL NOTICE Applicant shall complete the following legal notice, which will appear in the Salem Evening News for two weeks prior to the hearing: __________________________ in a petition for a request for a(n) _____________________to (of) Applicant’s name Variance, Special Permit, Appeal, Finding Contact Zoning Officer in the Municipal Inspections Dept. if unsure of proper wording The property is located at _____________________________________ Address The parcel is located in the ___________zoning district. Zone Please attach additional sheets if space provided is insufficient Mailing Address: 191 Cabot St•eBeverly • Massachusetts• 01915 • Telephone (978) 921-6•25Fax (978) 921-8580 Office Address: 502 Cabot Street Rev 08/2009 City of Beverly MASSACHUSETTS OFFICE OF THE BOARD OF ASSESSORS REQUEST FOR CERTIFIED LIST OF ABUTTERS _____________________________________________________ hereby requests th at the Board of Assessors supply the Board of Appeals with a certified list of abutters for the property located at: Map: ________________________ Lot: ________________________ Address: _____________________________________________________________ Assessed Owner: ______________________________________________________ ________________________________ Signature of Owner _________________________ Date As used herein the term “abutter” means: • Owners of adjoining land: • Owners of land directly opposite on any public or private street or way: • Abutters to abutters within three hundred feet of the property line on the locus: All as they appear on the most recent applicable tax list. Mailing Address: 191 Cabot •tBeverly• Massachusett• 01915 • Telephone (978) 921-•0Fax (978) 921-8580 Office Address: 502 Cabot Street Rev 08/2009
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