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Questions & Answers

General Questions

Q

Where can I find the laws related to Zoning?

Q

What authority does the Board of Appeals have?

Q

Who appoints members to the Board of Appeals?

 

Appeals

Q

What type of appeals does the Board of Appeals hear?

Q Does the Board of Appeals have jurisdiction to hear appeals of the decisions of the Planning Board under Site Plan Review?
Q Does the Board of Appeals have jurisdiction to hear appeals of the decisions of the Historic Commission and Director of Municipal Inspections under the Demolition Review Procedure?
Q

When is the deadline for the filing of an Appeal?

Q

What if the Zoning Enforcement Officer does not issue a written decision or order?

 

Special Permits

Q

What is a Chapter 40A Special Permit?

Q Does a Chapter 40A Special Permit lapse?
Q What is a Chapter 40B Special Permit?
 

Pre-existing Non-Conforming Uses

Q

What is a "Grandfathered Use"?

Q How can a Grandfathered Use be altered or changed?
Q Can Grandfathered Protection be lost?
 

Variances

Q

What is a Variance?

Q Does a Variance lapse?
Q

Is a Special Permit available to vary Side Yard and Rear Yard Requirements?

 

Filing of Pleadings

Q

Where do I get the applicable Board of Appeals forms?

Q

Where do I file the forms?

 

Public Hearings

Q

After I file a Pleading, can I decide to postpone the Public Hearing or withdraw my Pleading?

Q

When is the Public Hearing and what happens at the Hearing?

Q

Must the Appellant, Applicant, or Petitioner Appear at the Public Hearing?

 

Decisions

Q

When will the Board of Appeals render and file a decision?

Q

How many affirmative votes are necessary to render a favorable decision?

Q

When do Special Permits and Variances granted by the Board of Appeals become valid?

Q

Can I appeal a decision of the Board of Appeals?


 

Where can I find the laws related to Zoning?
A copy of the Town of Hopkinton Zoning By-laws and the General By-Laws are available from the Office of the Town Clerk.  The state zoning laws can be found in Massachusetts General Laws Chapter 40A.

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What authority does the Board of Appeals have?
The Board of Appeals obtains its authority under the Massachusetts General Laws Chapter 40A Section 14 and the Town of Hopkinton's Zoning By-law 210-146 to 152 to hear and decide appeals, to hear and decide applications for Chapter 40A special permits, and to hear and decide petitions for variances.  The Board of Appeals also hears and decides applications for special permits for low and moderate income housing under Massachusetts General Laws Chapter 40B Sections 20, 21, 22, and 23.

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Who appoints members to the Board of Appeals?
The Board of Selectmen appoint members to the Board of Appeals to five year terms.  The members of the Board of Appeals do not stand for election.     The Members of the Board of Appeals have been designated as “Special Municipal Employees” by votes of the Board of Selectmen on January 4, 2000 and July 11, 2006.

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What type of appeals does the Board of Appeals hear?
Pursuant to Massachusetts General Laws Chapter 40A Section 8 and Hopkinton Zoning By-law 210-146(B)(1), the Board of Appeals hears and decides appeals by any person aggrieved by any written order or decision of the Zoning Enforcement Officer or other administrative official in violation of any provision of Massachusetts General Laws Chapter 40A or the Hopkinton Zoning By-laws.   The Director of Municipal Inspections is the Zoning Enforcement Officer for the Town of Hopkinton.

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Does the Board of Appeals have jurisdiction to hear appeals of the decisions of the Planning Board under Site Plan Review?
Decisions by the Planning Board under Site Plan Review under Hopkinton Zoning By-law 210-135 are appealable only to the Board of Appeals.    Whereas the Planning Board is acting as an "administrative official" under the Zoning By-laws when rendering such decisions, any person aggrieved by a decision containing a violation of any provision of Massachusetts General Laws Chapter 40A or the Hopkinton Zoning By-laws may appeal said decision by the Planning Board to the Board of Appeals pursuant to Massachusetts General Laws Chapter 40A Section 8 and Hopkinton Zoning By-law 210-146(B)(1).   Whereas the Planning Board does not issue a Special Permit under Site Plan Review, appeal is not to a court of competent jurisdiction pursuant to Massachusetts General Laws Chapter 40A Section 17.

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Does the Board of Appeals have jurisdiction to hear appeals of the decisions of the Historic Commission and Director of Municipal Inspections under the Demolition Review Procedure?
Decisions by the Historic Commission and the Director of Municipal Inspections under the Demolition Review Procedure pursuant to Chapter 125 of the Hopkinton By-laws are appealable only to the Board of Appeals.   Any person aggrieved by a decision issued under Chapter 125 of the Hopkinton By-laws may appeal said decision by the Historic Commission or the Director of Municipal Inspections to the Board of Appeals pursuant to Hopkinton By-law 125-5 E.   Decisions that may be appealed include, without limitation, initial determinations issued pursuant to By-law 125-3 C prior to public hearings stating that a structure is or is not of significant historical value, and final decisions issued pursuant to By-law 125-3 E after public hearings by the Historic Commission.   Appeals must be filed with the Office of Town Clerk within thirty days of the date of the decision pursuant to By-law 125-5 E, on the same forms and in the same manner that as appeals are filed pursuant to Hopkinton Zoning By-law 210-146(B)(1).   A $300.00 filing fee must accompany the appeal.

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When is the deadline for the filing of an Appeal?
Appeals from the written decisions of the Zoning Enforcement Officer or other administrative official must be filed with the Office of the Town Clerk pursuant to Massachusetts General Laws Chapter 40A Section 15 within thirty (30) days from the date of the written order or decision which is being appealed.   Failure to file a timely appeal is fatal.    The Board of Appeals has no discretion to hear an appeal that is not timely filed.

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What if the Zoning Enforcement Officer does not issue a written decision or order?
The Board of Appeals will not hear the appeal.  The Appeal will be dismissed for lack of jurisdiction and the parties will be left to other legal remedies.  You should consult with an attorney regarding your rights.  The law is clear.  The written decision required of a building inspector under Massachusetts General Laws Chapter 40A Section 7 is the operative event for the purposes of appeal. Section 7 is unambiguous in requiring a response "in writing" with "the reasons therefor" when a building inspector "declines to act" on a request for enforcement. The language of Massachusetts General Laws Chapter 40A Section 8, which confers the right to appeal upon a "person aggrieved by reason of his inability to obtain …. enforcement" contemplates, as a precondition to the right to appeal, the written response declining enforcement described in Section 7. The fourteen day period in Section 7 is designed to encourage promptness. In some cases, however, a building inspector may not be able to act on a request within fourteen days for legitimate reasons, such as (for example) the inspector’s need to consult with other municipal boards or officers having an interest in the matter. The fourteen day requirement in Section 7 "relates only to the time of performance of a duty by a public officer and does not go to the essence of the thing to be done; therefore it is directory and not mandatory. The date on which a zoning enforcement officer responds in writing to a Section 7 request for enforcement creates the appealable decision contemplated by Section 8 and becomes the date for measuring the thirty-day appeal period set forth in Section 15. The failure of the building inspector to act is of no legal consequence. Vokes v. Avery W. Lovell, Inc., 18 Mass.App.Ct. 471, 468 N.E.2d 271 at 276-277 (1984), Elio v. Zoning Board of Appeals of Barnstable, 55 Mass.App.Ct 424 (2002). An interpretation of Section 7 which provides for constructive denial would likely spawn litigation to determine whether fumbling lay inquiries and protests addressed to the building inspector were in fact definitive requests for enforcement, sufficient to start the running of the fourteen-day decision period. Vokes, FN10

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What is a Chapter 40A Special Permit?
Certain uses of property are permitted as a matter of right.   However, the Hopkinton Zoning By-laws provide that other uses are not allowed in certain zoning districts, and that specific types of uses shall only be permitted in specified zoning districts upon the issuance of a Special Permit from the Board of Appeals pursuant to Massachusetts General Laws Chapter 40A Section 9, 9A, and 9B.    Special Permits may be issued only for uses which are in harmony with the general purpose and intent of the By-law, and may be subject to general or specific provisions set forth therein, and such permits may also impose conditions, safeguards and limitations on time or use.   A Special Permit, unlike a Variance, may be conditioned by limiting its duration to the term of ownership or use by the Applicant.    When a Special Permit application is accompanied by plans or specifications detailing the work to be undertaken, the plans and specifications become conditions of the issuance of the permit.   Therefore, once a Special Permit is granted, modification of the plans or specifications require as a prerequisite, modification of the Special Permit through the filing of a successive Special Permit application.   No building permit may be issued by the Director of Municipal Inspections for a use or structure that requires a Special Permit until 1) a Special Permit has been granted by the Board of Appeals, 2) the expiration of the twenty (20) day appeal period pursuant to Massachusetts General Laws Chapter 40A Section 11, and 3) the Special Permit has been recorded at the Middlesex South District Registry of Deeds.   The Director of Municipal Inspections may require proof of recording at the Registry of Deeds prior to issuance of a building permit.    No party is entitled "as a matter of right" to a Special Permit.    The Board of Appeals, in the proper exercise of its discretion, is free to deny a Special Permit even if the facts show that such a permit could be lawfully granted.   

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Does a Chapter 40A Special Permit lapse?
Pursuant to Massachusetts General Laws Chapter 40A Section 9 and Hopkinton Zoning By-law 210-146B(2), Special Permits lapse within two years of the grant thereof, unless good cause is shown why substantial use thereof, or related construction, has not begun.  The issue of whether a Special Permit has lapsed and/or "good cause" exists is determined by the Zoning Enforcement Officer.  This determination may occur at the time of his review of an application for a building permit.  Persons aggrieved by the Zoning Enforcement Officer's written decision may appeal to the Board of Appeals.  Technically, there is no provision in the law for the Board of Appeals to "extend" an existing Special Permit; however, an Application for a new Special Permit may be filed with the Office of the Town Clerk at any time.

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What is a Chapter 40B Special Permit?
Chapter 40B is a state statute, which enables local Boards of Appeals to approve affordable housing developments under flexible rules if at least 25% of the units have long-term affordability restrictions.   Also known as the Comprehensive Permit Law, Chapter 40B was enacted in 1969 to help address the shortage of affordable housing statewide by reducing unnecessary barriers created by local approval processes, local zoning, and other restrictions. Its goal is to encourage the production of affordable housing in all communities throughout the Commonwealth.   Links: Overview of the Massachusetts Comprehensive Permit Law.   Frequently Asked Questions.

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What is a "Grandfathered Use"?
Certain uses and structures are protected from subsequent zoning changes if they were lawfully in existence prior to first publication of notice of adoption or change in an applicable zoning by-law.  These are called "protected pre-existing non-conforming uses".  The right to continue the nonconforming use is not confined to the existing user, but the right runs with the land.    Derby Refining Co. v. City of Chelsea, 407 Mass. 703, 555 N.E.2d 534 (1990).  However, such protection is not unlimited.   Any change, alteration, or expansion of a protected use or structure requires a Special Permit from the Board of Appeals pursuant to the Hopkinton Zoning By-laws and Massachusetts General Laws Chapter 40A Section 6.    The Board of Appeals is free to allow or prohibit such modification.    In all matters concerned with nonconformities, the burden of proof is on the property owner to show "the requisite similarity between the current use and the original nonconforming use".    The test for determining whether the current or proposed use of the property fits within the exemption granted to nonconforming uses is found in the leading case of Powers v. Building Inspector of Barnstable, 363 Mass 648 (1973):  1) whether the use reflects the "nature and purpose" of the use prevailing when the zoning by-law took effect; 2) whether there is a difference in the quality or character, as well as the degree, of use; and 3) whether the current use is "different in kind in its effect on the neighborhood."   This is an extremely complicated area of the law and it is strongly recommended that any owner seeking to assert "grandfathered" rights consult with an attorney before filing any pleading with the Board of Appeals.

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How can a Grandfathered Use be altered or changed?
A protected use can only be lawfully altered or changed upon the granting of a Special Permit from the Board of Appeals.   One of the main purposes of zoning is to stabilize use of property, and the advantages that owners of nonconforming property acquire by enactment of a zoning ordinance are not to be augmented unless permitted by the current ordinance.   Everpure Ice Mfg. Co. v. Board of Appeals of Lawrence, 324 Mass. 433, 86 N.E. 906  (1949).  Pursuant to Massachusetts General Laws Chapter 40A Section 6 and Hopkinton Zoning By-law 210-128, the Board of Appeals may only grant a Special Permit to alter or change a "grandfathered" use or structure upon a finding that the proposed change is not substantially more detrimental to the neighborhood and that one of four circumstances exist.   These include that 1) the nonconforming use, building or structure is being changed to a similar or more restricted use, 2) the nonconforming use, building or structure is being enlarged in the same use to an extent of not more than 25% in volume or area, or special circumstances exist with respect to 3) existing lots or 4) off-street parking.  

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Can Grandfathered Protection be lost?
Most definitely.   Generally, preexisting non-conforming uses are to be given minimal tolerance.  Chilson v. Zoning Board of Appeals of Attleboro, 344 Mass. 406, 182 N.E.2d 535 (1962).  A protected use may be lost if it is discontinued, or altered or changed without a Special Permit from the Board of Appeals.  Pursuant to Massachusetts General Laws Chapter 40A Section 6 and Hopkinton Zoning By-law 210-129 to 131, a nonconforming use may not be resumed or changed to another nonconforming use after 1) abandonment of use for two years, 2) two years during which it has been neither used nor offered for sale, or 3) failure to resume use or to convert to another approved nonconforming use within two years of purchase. Also, once a nonconforming use reverts to a more restricted use, it may not return again to its original less restricted use.   And, once a nonconforming use has been destroyed or damaged by fire, explosion or other catastrophe, it may be rebuilt or restored at the same location and again used as it previously was, provided that its owner shall apply for a building permit and start operations for restoring or rebuilding on said premises within 12 months after such catastrophe; and further, provided that the buildings as restored shall not exceed in volume or area the original nonconforming structure.

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What is a Variance?
A Variance is a waiver of the zoning rules adopted by the Citizens of Hopkinton at Town Meeting.  Accordingly, it is only in rare instances and under exceptional circumstances that relaxation of the general restrictions established by the Zoning By-laws are permitted.  A Variance is distinguished from a Special Permit.  The Variance is used to authorize an otherwise prohibited use or to loosen dimensional requirements otherwise applicable to a structure.  No person has a right to a Variance.  Variance of "use" is almost never granted by the Board of Appeals.  Variance of "dimensional" requirements is granted in rare occasions.  A Variance may granted pursuant to the Hopkinton Zoning By-laws and Massachusetts General Laws Chapter 40A Section 10.   The Board of Appeals has no discretion to grant a Variance unless the petitioner provides evidence of, and that the Board of Appeals finds that, owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law.   Even if the Board of Appeals find that such hardship exists, it may exercise its discretion and not grant a Variance.  No building permit may be issued by the Director of Municipal Inspections for a use or structure that requires a Variance until 1) a Variance has been granted by the Board of Appeals, 2) the expiration of the twenty (20) day appeal period pursuant to Massachusetts General Laws Chapter 40A Section 11, and 3) the Variance has been recorded at the Middlesex South District Registry of Deeds.   The Director of Municipal Inspections may require proof of recording at the Registry of Deeds prior to issuance of a building permit. 

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Does a Variance lapse?
Pursuant to Massachusetts General Laws Chapter 40A Section 10 and Hopkinton Zoning By-law 210-146B(3), if the rights authorized by a Variance are not exercised within one year, the Variance lapses, unless otherwise extended by the Board of Appeals.    Upon the filing by of a written request for "Extension of an Existing Variance" (it is recommended that you utilize the Petition for Variance form), along with a $300 filing fee with the Clerk of the Board of Appeals within one year of the date of the grant of the original Variance, the Board of Appeals in its discretion may extend the time for exercise of such rights under the Variance for a period not to exceed six months.    If the Board of Appeals does not grant such extension within thirty days of the date of application therefor, upon the expiration of the original one year period, the Variance lapses and such rights may be reestablished only with the filing of a new Petition for Variance with the Office of the Town Clerk.

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Is a Special Permit available to vary Side Yard and Rear Yard Requirements?
Hopkinton's Zoning By-laws contain a very unusual provision that allows the Board of Appeals to issue a Special Permit to allow variation of side and rear set back requirements.    "Required side yard and rear yard areas may be varied in the case of an irregular, narrow or shallow lot, or a lot unusual in shape of topography, upon the granting of a Special Permit by the Board of Appeals.    Zoning By-law Section 210-119.     Too often, an owner will file a Petition for a Variance for side and/or rear set back requirements and be denied because he or she could not prove the requisite hardship for the granting of a Variance.    Because there is no "hardship" requirement for a the grant of a Special Permit, it may be preferable to file for a Special Permit under Zoning By-law 210-119 instead of a Variance.   

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Where do I get the applicable Board of Appeals forms?
Appeals, Applications for Special Permits, and Petitions for Variances are available at the Office of the Town Clerk.  There is a Supplemental form that needs to be completed if there is a pre-existing non-conforming ("grandfathered") use or structure on the property.

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Where do I file the forms?
Completed Appeals, Applications for Special Permits, and Petitions for Variances must be filed with the Office of Town Clerk with the applicable $300 filing fee (per pleading) and list of abutters from the Town Assessors Office.    You need to file ten (10) complete copies of your pleadings (and plans & legal briefs, if applicable) with the original.   Do not file the original pleadings with the Director of Municipal Inspections.    While you are not required to submit copies of your pleadings to the Director of Municipal Inspections, it is recommended that you communicate with the Director since he is the Zoning Enforcement Officer for the Town of Hopkinton.

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After I file a Pleading, can I decide to postpone the Public Hearing or withdraw my Pleading?
Once you file your Pleading with the Office of Town Clerk and Notice of a Public Hearing is published, you can not on your own decide to postpone the Public Hearing or withdraw your Pleading.  Because of the nature of zoning, your request for zoning relief effects not only your property and yourself, it effects your abutters and their property rights.  Therefore you have no right to postpone a Public Hearing or withdraw your Pleading.  However, you may request permission from the Board of Appeals to do so.   If you find that you require additional time to prepare, you should appear at the Public Hearing and make a request to continue the Public Hearing to another date.  You should be fully prepared to explain the reasons for your request.  Your request may or may not be granted.  If your request is granted, you will be asked to sign a written request on a form provided by the Clerk of the Board of Appeals.  Any request for a continuance will extend the deadline the Board of Appeals has to render a decision.  You should be aware that even if your request is granted, in the discretion of the Chairman of the Board of Appeals, testimony and evidence from others in attendance may be allowed at the initial Public Hearing.  If you wish to withdraw your Pleading, you should appear at the Public Hearing and make that request.  Again, you should be fully prepared to explain the reasons for your request.  Your request may or may not be granted pursuant to Massachusetts General Laws Chapter 40A Section 16.  Generally, it is not sufficient to merely make a prior written request and then not appear at the Public Hearing.  This does not provide an opportunity for the Board of Appeals to inquire as to the rationale for your request and the effect of a continuance or withdrawal on the abutters.  Failure to appear at the Public Hearing to make a request for a continuance of a Public Hearing or withdrawal of a Pleading may result in denial of your Pleading.

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When is the Public Hearing and what happens at the Hearing?
The Clerk of the Board of Appeals will schedule a Public Hearing on your Appeal, Application, and/or Petition as soon as the Board of Appeals docket will permit.  Generally, but not always, this will occur within 45 days of the filing with the Office of the Town Clerk.  The Public Hearing is your opportunity to make your case for the specific relief that you request.  It is strongly recommend that you come to the Public Hearing well prepared.   Under most circumstances, you bear the burden of proof, and you should be familiar with the Town of Hopkinton Zoning By-laws and Massachusetts General Laws Chapter 40AIt is critical that you know what relief you want, and be able to explain why you want it, and provide the Board of Appeals with the legal basis for such relief.  Keep your oral argument succinct and on-point.  Do not stray or wander into issues that do not relate to your pleading and the zoning issues at hand.  It is strongly recommended that you provide the Board of Appeals with a written brief detailing the facts and issues of law.  Since the abutters have also been provided with Notice of the Public Hearing, you may expect both support and opposition to your filing.  It is strongly recommended that prior to the Public Hearing that you discuss your plans with your neighbors and solicit their support.  You should know in advance the opposition that you face and be prepared to advise and discuss with the Board of Appeals just how you intend to deal with and mitigate any obstacles.   With respect to Petitions for Variances, you must clearly explain, and provide evidence of, a substantial hardship that qualifies under the Hopkinton Zoning By-laws and Massachusetts General Laws Chapter 40A Section 10.  Unsupported oral testimony asserting "substantial hardship" may not be sufficient.  When submitting written evidence at the public hearing, such as plans, documents or legal briefs, it is strongly recommended that you provide sufficient copies for each board member sitting in attendance (up to 7 members may attend a hearing).  If you are not sure of your rights, the specific relief you are requesting, or the legal basis for your position, it is recommended that you consider retaining legal counsel to represent your interests.  Proceedings before the Board of Appeals involve your property rights.  In certain circumstances, if your Appeal, Application, or Petition is denied, you may not bring another request for two years, unless you can meet the stringent requirements of Massachusetts General Laws Chapter 40A Section 16.

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Must the Appellant, Applicant, or Petitioner Appear at the Public Hearing?
Generally, the Appellant, Applicant, or Petitioner must appear at the Public Hearing.  Failure to appear may result in denial of your Pleading.  If you are represented by an Attorney who is licensed to practice law in the Commonwealth of Massachusetts, he or she may appear on your behalf.  However, even if your are represented by counsel, it is highly recommended that you also appear.  Persons other than licensed Attorneys may not "represent" an Appellant, Applicant, or Petitioner.  For example, if you want a licensed engineer to make your presentation to the Board of Appeals, you must also appear at the Public Hearing.  You can not send a person other than an attorney to act on your behalf without your attendance.  In the case of Special Permits and Variances, if the Applicant or Petitioner is not the owner of record of the parcel, then written authorization from the owner of record is required to be submitted to the Board of Appeals in order to provide evidence of standing for the non-owner to file the Pleading.  If not included with the initial filing, it must be submitted at the commencement of the Public Hearing; otherwise, your pleading may be denied.

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When will the Board of Appeals render and file a decision?
The Board of Appeals will attempt to render and file a decision as soon as possible.  However, the Members of the Board of Appeals serve the community as unpaid volunteers and have other commitments to family and their employers.  Therefore, decisions are not always filed as soon as many would desire.    Your patience is appreciated and sufficient time, including allowance for the 20 day appeal period, should be budgeted within your construction schedule.  Pursuant to Massachusetts General Laws Chapter 40A Section 15, the deadline for filing a Decision for an Appeal, Variance, or Chapter 40A Special Permit, except for a Special Permit issued under Massachusetts General Laws Chapter 40A Section 9, is one hundred (100) days after the initial filing with the Office of the Town Clerk.  For a Special Permit issued under Massachusetts General Laws Chapter 40A Section 9, the Board of Appeals will hold a public hearing within sixty-five days from the date of filing of such Application.  The decision of Board of Appeals shall be made within ninety (90) days following the date of such public hearing. However, the required time limits for a public hearing and action may be extended by written agreement between the petitioner and the special permit granting authority.  A copy of such agreement shall be filed in the Office of the Town Clerk.

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How many affirmative votes are necessary to render a favorable decision?
Generally, five members of the Board of Appeals will vote on a decision.  Associates Members of the Board of Appeals may attend Public Hearings and vote in the absence or unavailability of Full Members. Decisions granting relief require an affirmative vote of at least four (4) members. Therefore, a simple majority is insufficient.

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When do Special Permits and Variances granted by the Board of Appeals become valid?
Special Permits and Variances granted by the Board of Appeals become valid pursuant to Massachusetts General Laws Chapter 40A Section 11 only after they are recorded at the Middlesex South District Registry of Deeds after expiration of the twenty (20) day appeal period.    The statute provides that "No variance or special permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town clerk that twenty days have elapsed after the decision has been filed in the office of the town clerk and no appeal has been filed or that if such appeal has been filed, that it has been dismissed or denied, and if it is a variance or special permit which has been approved by reason of the failure of the permit granting authority or special permit granting authority to act thereon within the time prescribed, a copy of the application for the special permit or petition for the variance accompanied by the certification of the city or town clerk stating the fact that the permit granting authority or special permit granting authority failed to act within the time prescribed and no appeal has been filed and that the grant of the application or petition resulting from such failure to act has become final or that if an appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title."

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Can I appeal a decision of the Board of Appeals?
Original applicants, aggrieved persons, and municipal boards or officers may appeal the decision to grant or withhold a Special Permit or Variance, the decision to uphold or reverse an enforcement action by the Director of Municipal Inspections or the failure of the Board of Appeals to take final action within the statutory time limit. Appeals may be timely taken to a court of competent jurisdiction pursuant to Massachusetts General Laws Chapter 40A Section 17

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     Updated: 07/13/06

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