Popular in Course
verified elite notetaker
Popular in Real Estate
This 14 page Document was uploaded by an elite notetaker on Tuesday December 22, 2015. The Document belongs to a course at a university taught by a professor in Fall. Since its upload, it has received 7 views.
Reviews for Marblehead-Zoning-Board-of-Appeals--for-Real-Estate-Development
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 12/22/15
TOWN OF MARBLEHEAD BOARD OF ZONING APPEALS RULES AND REGULATIONS 1. THE APPLICATION PROCESS (A)All APPLICATIONS under the Zoning and Sign Bylaw shall be on a form approved by the Board of Appeals and shall be signed by the applicant or someone duly authorized in writing to act on his behalf. Property held by a nominee trust must identify the name of the trust and its trustee(s). [Wherever “he”,"him" or "his" occurs, read also "she" or "her".] (B)All APPLICATIONS shall be processed through the Engineering Department Office at the Mary Alley Municipal Building, 7 Widger Road. The personnel at that office will schedule the date and time of the hearing. They will then prepare the text of the required public notices or review the text, which has been prepared by an attorney. The applicant is then responsible for placing and paying for the required public notices in the Marblehead Reporterany other newspaper distributed in the local area. (Notice must be published in two consecutive weeks, with the first insertion to be not less than fourteen days before the date of the hearing.) (C)HISTORIC DISTRICTS: The applicant must determine whether or not the property is located within any of Marblehead's Historic Districts. (The Assistant Town Engineer/Planner can assist in this determination.) If this is the case and the matter involves any changes to the exterior of the structure visible from the street, the applicant must first apply to and appear before the Old and Historic Districts Commission for a Certificate of Appropriateness under that Board's public hearing process. The Certificate of Appropriateness must be available for review by the Board of Appeals at the hearing. (D)SHORELINE DISTRICT, HARBORFRONT DISTRICT AND CERTAIN SUBDIVISIONS OF LAND: In general, any proposed new structure, or any addition or change to an existing structure which exceeds 500 square feet in building area on a parcel of land on the shorefront, or within 300 feet of the shorefront, or in the Harborfront District is likely to be subject to special rules. (For purposes of this section "building area" shall include the entire floor area within any new construction.) Additionally, any proposed subdivision of an existing parcel of land into three or more parcels (lots) is also subject to special rules. In particular, a Site Plan Review public hearing before the Planning Board maybe required before the applicant can appear at a public hearing of the Board of Appeals to present the proposal. The applicant is referred to sections Article IV, VIII & IX and to Article X of the Zoning Bylaw, which are summarized below: a) The applicant must determine whether or not the property is located within the Harborfront District or in any one of the Shoreline Districts. (Typically, a ShorelineDistrict is an area lying between the line of Mean High Tide and a line 300 feet upland of the line of Mean High Tide, measurements made on the horizontal, not along contours of the ground. A zoning map is located outside the Building Commissioner's Office.) Revision Date: April 16, 2008 Page # 1/14 b) The applicant for a new building or for any addition or change in which the new construction exceeds 500 square feet in building area must first appear before the Planning Board in a public hearing and meet all the requirements of that Board's review process. The Planning Board, however, can exempt any accessory-use structure from Site Plan Review. To determine whether any new construction exceeds 500 square feet in building area, the applicant can refer to “Article II Definitions” of the Zoning Bylaw and/or consult the Office of the Building Commissioner. Also, the Town Planner is available to explain the process and decide applicability. If it is determined that a Site Plan Review hearing is required, the Town Planner will schedule the public Site Plan Review hearing with the Planning Board and will assist with the process. c) Any proposed subdivision of a parcel of land into three or more buildable lots is also subject to the Site Plan review process. If any lots will be nonconforming, a special permit from the Board of Appeals is also required. d) After completion of the Site Plan Review process, the applicant obtains and presents a written Decision from the Planning Board to the Board of Appeals, before or at the hearing of the Board of Appeals. The Board of Appeals places on the applicant the responsibility of timely referral of the matter to the Planning Board. e) Any written Decision or Permit issued by the Planning Board must be available for review by the Board of Appeals at its hearing. (E) CONSERVATION COMMISSION: The applicant must determine whether or not the property lies in a wetland area. If the property does lie in a wetland area, before appearing at the Board of Appeals, the applicant must first appear before the Conservation Commission under their procedures. Any permit issued by the Conservation Commission must be available for review by the Board of Appeals at the hearing. (F) REPORT FROM BUILDING COMMISSIONER: Every application for a special permit or variance with respect to a property or a portion of a property, other than a single-family residence, must be accompanied by a written report of the Building Commissioner that either (1) states there are no violations of the Zoning Bylaw, decisions of the Board of Appeals, decisions of the Planning Board and the Sign Bylaw (the “Laws”) on the property, or (2) describes all existing violations of the Laws. Every application accompanied by a written report of the Building Commissioner that describes a violation that cannot be cured by the relief sought in the application (“Non-Curable Violation”) shall be incomplete. The Board of Appeals may deny such an application as incomplete, or, with the consent of the applicant, postpone or continue the hearing on the application until the violations set forth in the written report have been removed. The Board of Appeals urges applicants to avoid filing incomplete applications that will result in delay and additional expense, and encourages applicants to remove Non-Curable Violations before filing an application for a special permit or variance. 2. FEES Revision Date: April 16, 2008 Page # 2/14 For all applications, except signs, the fee shall be $75.00. The fee for signs shall be $25.00. There shall be no fee if the applicant is the Town of Marblehead or any Department or Agency thereof. In certain cases, the Board may waive only the filing fee for the second application on a matter where the Board has determined the applicant should re-apply in a different form. The fee shall be paid by check payable to the Town of Marblehead and shall be delivered with the application. When reviewing any application for a special permit, the Board may determine that the assistance of outside consultants is warranted due to the size, scale or complexity of the proposed project or use, or because of the project’s uses or potential impacts. The Board may in such instances require the applicant to pay a “project review fee” consisting of the reasonable costs estimated to be incurred by the Board for the employment of consultants engaged by the Board to assist in the review of the project. The Board may engage consultants such as engineers, architects, planners, lawyers, urban designers or other appropriate professionals. The funds received with respect to a specific project, and any interest accruing thereon, may be expended only for services rendered in connection with that project and any excess at the completion of the review shall be refunded to the applicant. The failure of an applicant to paya project review fee shall be grounds for denial of the special permit. 3. INFORMATION REQUIREMENTS (A) CURRENT PLOT PLANS: All applications shall be accompanied bytwelve (12) copies of a current plot plan signed by a registered professional land surveyor. A current plot plan means a plot plan that has been prepared for the purpose of the application. Plot plans older than three months from the date of application will not be accepted. This plan must show all existing and proposed structures including accessory-use structures, and must include exact dimensions for area, frontage, setback, side yard and rear line measurements for the existing and proposed structures. In general, certified plot plans prepared by using the tape-survey method will be accepted. HOWEVER, SHOULD THE PROPOSED CONSTRUCTION INTRUDE INTO ANY REQUIRED FRONT, SIDE, OR REAR YARD SETBACKAREA TO A POINT THAT IS IN EXCESS OF 75% OF THE REQUIRED SETBACK AREA, THEN A CERTIFIED INSTRUMENT SURVEY MUST BE PROVIDED. See Table 2. "Dimensional Regulations for Residential and Business Uses" of the Zoning Bylaw for the required setbacks in the various zoning districts in the Town.. The plot plan could also show the computations for minimum open area percentage of the lot (See Article II and V.A.2.d of the Zoning Bylaw for definition.) In the alternative, the Building Commissioner's office can provide assistance to the property owner in preparing and verifying the calculations. It must also indicate the location and dimensions for off-street parking, clearly showing and distinguishing current from proposed parking, if applicable. The street number of the subject property, the Assessors' map and parcel numbers, and both the location and linear distance from property lines of houses and other structures on abutting parcels shall also be shown. Furthermore, the plot plan must indicate the current zoning district or districts of the property. If the property is governed by footnote 3 after Table 2, "Dimensional Regulations for Residential and Business Revision Date: April 16, 2008 Page # 3/14 Uses", in the Zoning Bylaw, the plot plan must show the location of the required 6 and/or 9-foot setbacks. Also, any and all existing and proposed: Town releases and easements for drain, water and/or sewer pipes and electrical service; private and public right-of-ways and easements; and exterior tanks, containers and mechanical systems, must be shown and identified on all plot plans. If the topography of the site will be changed (other than a change for which a permit of any kind has been issued), a topographical profile indicating changes is also required. If the application involves the subdivision of a parcel of land the provisions of Paragraph "E", below may apply. (B) OTHER TOWN DEPARTMENTS: The applicant, his representative, or his registered land surveyor should review the deed to the property and should also check with the Town Engineer’s office, the Water and Sewer Department, and the Electric Light Department to ascertain whether the subject lot has an easement or release (a release which may not show in the deed) for water, sewer, drains or other utility purposes. If the subject lot is affected, the applicant shall obtain written permission from the appropriate town department and present it to the Board of Appeals at the hearing. (C) DESIGN PLANS: All applications shall include twelve (12) sets of dated proposed interior and exterior plans, drawn to scale, with scale indicated, and showing all areas with new construction. The interior plan should include each area of the building affected by new construction and include the entire floor plan for major additions. The drawings of the exterior must include all sides, or elevations, affected bynew construction, and must indicate all dimensions including height. * Where there is an existing structure, the affected exterior elevation(s) must show the relationship of proposed changes to the existing structure. This shall be done with separate before and after drawings, which use the same scale. Also, the interior and exterior elements of the plan shown should be noted such as bedroom, study, balcony, deck, etc. Exposed foundations should also be depicted in the elevations. For a project that fits the definition of “Building, New,” ** in the Marblehead Zoning Bylaw , there must be twelve (12) full sets of dated proposed interior plans and exterior elevations, which meet the previously specified requirements of being drawn to scale with scale given, elements noted, and dimensions indicated. Particular focus on existing and finished grade will be needed to accurately calculate building height. * Definition in part “Height of Building - Building height shall be measured from the highest point of any roof or parapet to the lowest point of the original grade or the lowest point of the finished grade of the ground adjoining the building, whichever makes the building height greater.” (II.A.17. Marblehead Zoning Bylaw)**Definition “Building, New” - A building which did not exist immediately prior to commencement of construction, as well as the reconstruction, alteration, or repair of an existing building involving both fifty (50) percent or more of new exterior walls (cladding excluded) and the replacement by fifty (50) percent or more of the structural elements of that building. (II.A.4. Marblehead Zoning Bylaw) Revision Date: April 16, 2008 Page # 4/14 ALL APPLICATIONS SHALL INCLUDE A WRITTEN DESCRIPTION OF ALL DEMOLITION WHICH WILL TAKE PLACE SHOULD THE APPLICATION BE APPROVED. All drawings should accurately and to-scale depict exterior doors, windows, Velux-type roof windows, porches, decks, balconies, chimneys, vent pipes, bulkheads, and other types of entries to basements and cellars. The elevation drawings should describe the cladding, or finish materials, of both the existing and proposed structures, such as wood clapboard, wood shingles vinyl siding, etc. The drawings must be in sufficient detail so that the Building Commissioner or Inspector can determine that the finished construction is in accordance with the plan stamped and approved by the Board of Appeals. In the case of modifications to existing structures, projected changes that the applicant believes are a matter-of-right should also be included in the proposed drawings but can be so marked/shaded, etc. Licensed architect’s drawings are not required in every case; However, the Board may require drawings by a licensed architect, professional engineer, designer, or contractor, where substantial changes are contemplated. Photographs are often helpful. Once an application has been advertised for its public hearing, the submitted plan shall not be exchanged, altered, or revised in any way, except to the extent that the Board of Appeals may initiate, or the Board at the applicant’s request may allow during a public hearing. If an applicant is requesting the Board’s approval of the continued existence of any structure(s), an as-built plan is required. (D) OTHER REQUIRED INFORMATION: An applicant who holds any relevant permits previously issued, must have the permit(s) available for review by the Board of Appeals at the hearing. (Such Permits would include any issued by the Planning Board, Old and Historic Districts Commission, and/or Conservation Commission with respect to the actual application.) During the course of a hearing, the Board may determine that it needs to be provided with additional information, in which case the hearing will be continued to a later date with no prejudice to the applicant. (E) LOT SUBDIVISION: Whenever an application involves the subdivision of a parcel of land into two or more lots, any of which would be non-conforming and/or the original lot is made more non-conforming as to size, shape and/or dimension, the required plot plan must show any future construction; and design plans must also be submitted (at the time of application) regardless of the anticipated time of construction. Revision Date: April 16, 2008 Page # 5/14 (F) SIGN PERMITS: Applicants shall comply with the Sign Bylaw regarding material to be presented. Also, for freestanding signs not attached to a building, a current plot plan is required, indicating the location of the proposed sign. Otherwise, the use of assessor’s map and photographs indicating sign location will suffice. (G) IMPACT OF STATE AND/OR FEDERAL LAWS: Any applicant claiming that the Board is required to vary the application of either the use or the dimensional requirements of the Bylaw by one or more State or Federal statute or regulation, including but not limited to: (a) General Laws Chapter 40A, Sec 3 with respect to certain religious and educational uses (b) General Laws Chapter 40A, Sec 3 with respect to disabled persons (c) General Laws Chapter l9D (d) Fair Housing Act, 42 U.S.C. Sec 3601 et seq. (e) Americans with Disabilities Act, 42 U.S.C. Sec 12101 et seq. (f) Federal Telecommunications Act of l996, 47 U.S.C. Sec 332 et seq. shall provide to the Board at least two (2) weeks prior to the scheduled hearing a copy of each such statute and regulation and a memorandum setting forth (i) the basis upon which the applicant believes each such statute is relevant to the application and (ii) the relief the applicant believes the Board is required by each such statute to grant to the applicant. In the event the applicant is entitled to relief, only the Board maygrant relief and vary the application of the Bylaw. (H) OTHER WRITTEN MATERIALS: All other optional written materials in support of an application shall be provided to the Board at least two (2) weeks in advance of the first scheduled hearing date. If eleven (11) copies of such material are provided, then the material will be delivered to members of the Board with other hearing information. (I) FAST FOOD AND RESTAURANT APPLICATIONS: Additionally, these must include in both the application and the advertisement, the proposed hours of operation (closing and opening) and both the current and the proposed seating number if applicable. If any seating is outside the premises, that must also be mentioned. Generally, the type of food operation (pizza, seafood, Chinese, etc.) should be described in both the application and the advertisement. The applicant will be required to provide the Board with detailed plans and specifications of all cooking equipment, ventilation and odor-control systems, and the decibel levels for any externally installed machinery. These requirements do not supplant other application and advertisement requirements. 4. CONDUCT OF HEARINGS In accordance with the provision of Chapter 40A, the Board of Appeals shall hold a public hearing with respect to any applications submitted to it. The applicant and all other persons entitled thereto shall receive notice of such a hearing. At the hearing, the applicant shall first present his proposal. (In most cases, the applicant represents himself and presents his own Revision Date: April 16, 2008 Page # 6/14 proposal. However, it is equally appropriate to retain counsel or to have the presentation made by an architect, contractor, or anyone else the applicant designates.) Proponents are then invited to speak. Opponents are then invited to speak. All remarks shall be addressed to the Chairman. The Chairman may give the applicant time for rebuttal or further explanation. Every person appearing before the Board shall be required to state his name, address, and the name and address of the party whom he represents at the hearing. If the person is appearing in a professional capacity, that should be stated. Any Member of the Board may question any person present at a hearing that has or may have knowledge of any matter relating to the hearing. After a vote to close the hearing, requiring three affirmative votes, the Chairman may permit open discussion among the Members. The Board may consider conditions for the granting of a Special Permit or Variance, which can be imposed bya majority vote on the granting of an application. The Board may then take the matter under advisement, proceed to vote on the merits, continue the hearing, or allow the applicant to withdraw his application without prejudice. The Chairman shall poll each Member present and the Clerk shall record the vote of each Member in the minutes. All votes shall be taken in public. Four affirmative votes are required to grant a Special Permit, which authorizes the applicant to proceed with his plans. In the case where the applicant or his representative does not appear for his first scheduled hearing or for a continuance from a previous hearing, the Board may either vote on the application or continue the hearing. The continuance date will be announced at the hearing, and the applicant will be notified by mail of the date and time of the continuance. If the applicant or his representative does not appear at the continued hearing, the Board will vote to either approve or deny the application. 5. DECISION OF THE BOARD All decisions of the Board of Appeals shall be in writing, shall be filed by the Board with the Town Clerk and the Planning Board, and notice of it shall be sent to all persons entitled thereto. By state law, there is a twenty-day legal appeal period to any Board of Appeals decision. The applicant will receive from the Town Clerk a certified copy of the written decision and must thereafter record it at the Essex County Registry of Deeds in Salem. Therefore, any relevant building permits will not normally be issued until the Building Commissioner has received from this applicant a receipt from the Registry of Deeds of the recorded decision. 6. APPEALS OF BOARD DECISIONS Any person aggrieved by a decision of the Board of Appeals may appeal to the Superior Court or to the Land Court by bringing an action within twenty days after the decision of the Board has been filed with the Town Clerk. Revision Date: April 16, 2008 Page # 7/14 7. APPEALS OF BUILDING COMMISSIONER'S ACTIONS OR INACTIONS Any person believing himself to be aggrieved by an action or inaction by the Building Commissioner in the administration of the Zoning Bylaw may write to the Building Commissioner requesting a review and justification for his determination. The Building Commissioner is required to respond in writing to the complainant within fourteen days of the receipt of the complainant's letter. If the complainant is not satisfied with the Building Commissioner's response, the complainant may appeal to the Board of Appeals by filing a written notice of such appeal including reason(s) for the appeal with the Town Clerk within thirty days of receiving the Building Commissioner's response. (See Section 1.2E of the Zoning Bylaw.) In order to initiate the appeal process, the complainant must follow the requirements of this document. Personnel at the Office of the Town Engineer shall schedule the hearing date of the appeal; and the complainant shall be responsible for both the costs of the public advertising and the appropriate application fee for the appeal. 8. COMPREHENSIVE PERMITS RULES (a) Purpose and Context This Rule establishes the procedures for applications for comprehensive permits under the Anti- Snob Zoning Act (Chapter 774 of the Acts of 1969), G.L. c. 40B, §§ 20-23. The Rule shall be interpreted and implemented in a manner consistent with the complete regulations of the Housing Appeals Committee, 760 CMR 30.00 and 31.00 and with the Guidelines for Local Review of Comprehensive Permits, published periodically by the Department of Housing and Community Development. The Board's other Rules and Regulations apply to comprehensive permit applications, provided that in case of any inconsistency or conflict between the other Rules and Regulations and this Rule, this Rule shall govern. (b) Definitions (i) Board means the Marblehead Board of Appeals. (ii) Local Board means any local board or official, including, but not limited to the Board of Selectmen, the Board of Health, the Planning Board, the Conservation Commission, the Old and Historic Districts Commission, the Water and Sewer Department, the Fire Chief, the Police Chief, the Traffic and Safety Advisory Committee, the Building Commissioner, the Town Planner, and the Town Administrator. Revision Date: April 16, 2008 Page # 8/14 (c) Filing, Time Limits, and Notice (i) The application for a comprehensive permit shall consist of: (1) site plan showing existing conditions, including topography, structures, roads and streets, utilities, wetlands, matters of historic and/or archeological significance; (2) preliminary site development plans signed by a registered architect 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; (3) a report on 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. This submission may be combined with that required in subsection (2) above; (4) preliminary, scaled, architectural drawings. For each building the drawings shall be signed by a registered architect, and shall include typical floor plans, typical elevations, and sections, and shall identify construction type and exterior finish; (5) a tabulation of proposed buildings by type, size (number of bedrooms, floor area) and ground coverage, and a summary showing the percentage of the tract to be occupied by buildings, by parking and other paved vehicular areas, and by open areas; (6) where a subdivision of land is involved, a preliminary subdivision plan; (7) a preliminary utilities plan showing the proposed location and types of sewage, drainage, and water facilities, including hydrants; (8) documents, including but not limited to the project eligibility letter, showing that the applicant fulfills the jurisdictional requirements of 760 CMR 31.01, that is: • the applicant is a public agency, a non-profit organization, or a limited dividend organization, • the project will be fundable by a subsidizing agency under a low and moderate income housing subsidy program, and • the applicant has control of the site, including any deeds, options, agreements or similar documents; Revision Date: April 16, 2008 Page # 9/14 (9) a list of requested exceptions, exemptions or deviations to and/or from local requirements and regulations, including local by-laws or regulations. (ii) The application shall be accompanied by the application fee of $75.00 and twenty-five copies of the application. (iii) Within seven days of filing of the application, the Board shall notify each local board listed above of the application and send each such local board a copy of the application. In addition, a copy of the application shall be placed on displayand made available to the general public at the Abbot Public Library. A copy of the application shall also be made available to any neighborhood association whose members may, in the opinion of the Board, be directly impacted by the proposed project. (d) Review Fees (i) If, after receiving an application, the Board determines that in order to review the application it requires technical advice and/or professional advice unavailable from town employees, it may employ outside consultants, including legal counsel. Whenever possible it shall work cooperatively with the applicant to identify appropriate consultants and to negotiate payment of part or all of consultant fees by the applicant. Alternatively, the Board may, by majority vote, require that the applicant pay a reasonable review fee for the employment of outside consultants chosen by the Board alone. (ii) A review fee may be imposed only if: (1) with respect to technical advice, the work of the consultant consists of review of studies prepared on behalf of the applicant, and not of independent studies on behalf of the Board, (2) the work is in connection with the applicant's specific project, and (3 all written results and reports (except those of legal counsel) are made part of the record before the Board. (iii) A review fee may be imposed only after the Board has complied with the Uniform Procurement Act, G.L. c. 30B. (iv) All fees assessed pursuant to this section shall be reasonable in light of: (1) the complexity of the proposed project as a whole, (2) the complexity of particular technical issues, (3) the number of housing units proposed, (4) the size and character of the site, (5) the projected construction costs, and Revision Date: April 16, 2008 Page # 10/14 (6) fees charged by similar consultants in the area. As a general rule, the Board will not assess any fee greater than the amount which might be appropriated from town funds to review a similar town project. (v) Any invitation for bids or request for proposals shall indicate that award of the contract is contingent upon payment of a review fee. If the applicant fails to pay the review fee within ten days of receiving written notification of selection of a consultant, the Board may deny the comprehensive permit. (vi) Prior to paying the review fee, the applicant may appeal the selection of the consultant to the Board of Selectmen. (1) The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum, required qualifications. (2) The minimum qualifications shall consist either of an educational degree in or related to the field at issue or thee or more years of practice in the field at issue or a related field. (3) The required time limits for action upon the application by the Board shall be extended by the duration of the appeal. In the event that no decision is made by the Board of Selectmen within one month following the filing of the appeal, the selection made by the Board shall stand. (vii) Each review fee shall be deposited in a special account established by the Town Treasurer pursuant to G.L. c. 44, § 53G. (1) Funds from the special account may be expended only for the purposes described in section 4.02, above, and in compliance with the Uniform Procurement Act, G.L. c. 30B, §§ 1-19. (2) Within 30 days of the completion of the project or of such time as the applicant formally withdraws the proposal, the applicant shall receive a final report of funds in the special account and shall be paid any unspent excess in the account, including accrued interest. (3) The Town Accountant shall submit annually a report of the special account to the Board of Selectmen for their review. This report shall be published in the Town Report. (e) Public Hearing and Decision (i) The Board shall hold a public hearing within thirty days of its receipt of a complete application. In addition to the usual notices and advertisements required by G.L. c 40A, the Board shall notify all local boards of the date and time of the hearing and may request the appearance at the hearing of such representatives of the local boards as it may consider necessary or helpful in reviewing the application. In making its decision, the Board shall take into consideration the written recommendations of the local boards. Revision Date: April 16, 2008 Page # 11/14 (ii) The Board shall file a written decision, based on a majority vote of the Board, with the Town Clerk within forty days after termination of the public hearing, unless such time period is extended by written agreement of the Board and the applicant. The hearing is deemed terminated when all public testimony has been received and all information requested by the Board has been received. (iii) The Board may dispose of the application in any one of the following manners: (1) approve a comprehensive permit on the terms and conditions set forth in the application, (2) deny a comprehensive permit as not consistent with local needs, or (3) approve a comprehensive permit with conditions with respect to height, site plan, size, shape or building materials, landscaping, parking and traffic that do not render the construction or operation of such housing uneconomic. The Board may also impose conditions that eliminate and/or mitigate any adverse impacts of the proposed development. (f) Appeals (i) If the Board approves the comprehensive permit, any person aggrieved may appeal within the time period and to the court provided in G.L. c. 40A, § 17. (ii) If the Board denies the comprehensive permit or approves the permit with unacceptable conditions or requirements, the applicant may appeal to the Housing Appeals Committee as provided in G.L. c. 40B, § 22. 9. ADMINISTRATIVE HEARINGS AND DECISIONS Each Special Permit granted requires that construction be in strict accordance with the design plans submitted and approved for the Special Permit. If, after the granting of a Special Permit, the applicant wishes to make minor changes in that construction project, the applicant can schedule an Administrative Hearing before the Board. The time and date and placement on the agenda are arranged through the Office of the Town Engineer, Mary Alley Building, 7 Widger Road. To be scheduled for an administrative hearing, the applicant must submit twelve copies of a list of the proposed changes, twelve copies of the revised building plans with the changes appropriately marked and twelve copies of the relevant original decision of the Board of Appeals. If there is a change to the perimeter of the structure, twelve copies of an updated plot plan must also be submitted. The applicant must make the request for said Revision Date: April 16, 2008 Page # 12/14 administrative hearing at least fourteen calendar days before the date of the requested hearing. Administrative hearings do not require a fee or public advertisement, and thus are limited to cosmetic or non-material changes to the originally approved design. (If the property is in a Historic District, that Board will have to review the changes before the applicant returns with written approval to the Board of Appeals.) At the hearing, the Board of Appeals will decide whether the proposed design can be handled as an Administrative Decision, or whether a new publicly advertised hearing is needed. This determination rests solely with the Board on a case- by-case basis. Changes-in-use to a previously issued Special Permit cannot be addressed by an Administrative Hearing. If the applicant (or his representative) for an administrative hearing does not appear at the designated time and date to explain the matter to the Board, no action will be taken. The applicant may reschedule. The Board strongly suggests that the applicant inform abutters of the proposed administrative change(s) in advance of an administrative hearing. 10. EXTENSIONS OF SPECIAL PERMITS After a special permit is granted by the Board of Appeals, the approved construction must start, or commence, within twelve months of the Board’s written decision having been filed with the Town Clerk. If the applicant has good cause for not being able to start construction within this period, he may apply to the Board of Appeals for an Extension of the Special Permit for a period not to exceed six months. The applicant shall schedule an appearance before the Board of Appeals with the Engineering Department. There is no application fee, but notice of the request shall be advertised at the applicant's expense. Also, not less than 10 days prior to the scheduled appearance, the applicant shall mail to all persons who received notice of the original hearing a letter stating that the application for Extension has been made and the date and time of the scheduled appearance. The applicant shall provide to the Board of Appeals proof that he has complied with such requirements together with copyof the notice. Any Extension granted shall commence twelve months from the effective date of the original Special Permit (the date the written Decision was filed with the Town Clerk). APPLICATION FOR THE EXTENSION MUST BE MADE PRIOR TO THE EXPIRATION DATE OF SAID SPECIAL PERMIT. ONLY THE BOARD OF APPEALS CAN GRANT AN EXTENSION OFA SPECIAL PERMIT AT A SCHEDULED, ADVERTISED AND NOTICED HEARING. Note that “Site Preparation” is not “construction, start or commencement of” see the following definitions: (Zoning Bylaw 200-7 Meaning of Words) Construction, start or commencement of – Construction commences after the completion of site preparation with either the excavation for a foundation or the permanent affixing and integrating to the site or existing building of a load bearing component of the building, specifically the foundation in the manner in which it will be integrated into the final structure. A component is not permanently affixed and integrated if it is subsequently removed. (see definition of “site preparation”) Revision Date: April 16, 2008 Page # 13/14 Site Preparation – Preparation for construction which includes, but is not limited to, the following: Surveying and related staking of the site; removal and moving of standing buildings and leveling of the consequent debris; cleaning and removal of brush, trees, and general debris; grading of site and the moving, removal and delivery of earth related to grading; scraping of earth to expose ledge; the blasting of ledge and removal of resultant debris. (See definition of “ construction , start or commencement of”) 11. MISCELLANEOUS Any rule of the Board, except as is governed by law, statute, or Bylaw, may be suspended in a particular case by a majority vote at any meeting of the Board. These Rules, or any one of them, may be altered, amended, or repealed by a majority vote at a meeting of the Board after six days' written notice of the proposed amendment to the Members. Member(s) of the Board may waive such notice in writing. Issued By the Marblehead Board of Zoning Appeals. Replaces Rules and Regulations dated 11/15/2006 Revision Date: April 16, 2008 Page # 14/14
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'