The Role of the ZBA

The Role of the Zoning Board of Appeals  Section 11.2.1 To hear and decide an appeal taken by a person aggrieved by reason of his/her inability to obtain a permit from any administration official under the provisions of Chapter 40 A, General Laws or by any officer or board of the Town, or by any person aggrieved by any order or decision of the Zoning officer or other administrative official in violations of any provisions of Chapter 40A, General Laws, or of this bylaw. 

11.2.2 Special Permits  To grant a special permit as provided by sections of this bylaw when it shall have found after a detailed study, duly advertised public hearing, held within sixty-five (65) days after filing of an application with the Board of Appeals, a copy of which shall forthwith be given to the Town Clerk by the applicant, and the concurring vote of all members of the Board of Appeals, that the use involved will not be detrimental to the established or future character of the neighborhood and town and subject to appropriate conditions or safeguards if deemed necessary. Special permits shall lapse if construction or use has not begun within two (2) years of issuance, in accordance with the provisions of Chapter 40A, Section 9 of the General Laws of the Commonwealth. [amended May 2012]. 

11.2.3 Variances  To authorize upon appeal, or upon petition in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon a variance from the terms of this bylaw where, owing to conditions especially affecting such a parcel or such building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this bylaw would involve substantial hardship, financial or otherwise to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without substantially derogating from the intent or purpose of this bylaw, but not otherwise. Nothing in this bylaw shall be construed as granting the Board of Appeals the power to authorize use or activity not otherwise permitted in the district in which the land or structure is located. [amended Sept. 1980]