[1]
State law reference: Board of Appeals, MGL C. 40A, §§ 12
— 15.
[12-12-1967]
There shall be a Board of Appeals consisting of five members
who shall be citizens of the City. The Mayor shall appoint the members
of such Board. Their terms shall be five years in length and so arranged
that the term of one member shall expire each year on the first day
of January.
[2-11-1975]
The Mayor shall also appoint two associate members of the Board
of Appeals. The associate members shall be citizens of the City and
shall each serve for the term of five years. An associate member,
designated by the Chairman, shall serve as a member of the Board only
when a regular member of the Board shall, after written request to
the Chairman, be excused from serving by reason of personal interest,
illness, absence or inability to act.
Vacancies shall be filled for the unexpired terms in the same
manner as in the case of original appointments.
The Board shall annually elect a Chairman and Secretary from
its own members.
The Board of Appeals shall have the powers and duties conferred by General Laws, Chapter 40A, Section 15.
The board of appeals shall adopt rules, not inconsistent with
the provisions of the Revised Ordinances, for conducting its business.
Meetings of the board shall be held at the call of the Chairman, and
also when called in such other manner as may be provided for in its
rules. Such Chairman, or in his absence the acting Chairman, may administer
oaths, summon witnesses and call for the production of papers needed
by the board in the determination of any appeal pending before it.
All hearings shall be open to the public. The board shall cause to
be made a detailed record of its proceedings showing the vote of each
member upon each question, the absence of any member or the failure
of any member to vote, the reasons for its decisions and other official
actions and shall cause a copy of the same to be filed in the office
of the City clerk within 10 days after the hearing. Notice of decision
shall be mailed forthwith to the parties in interest. When filed with
the City clerk the record of the board shall be open to examination
by the public.
A person whose application for a permit has been refused by the building inspector or a person against whom the inspector decides with reference to nonconforming use may appeal to the board within 15 days thereafter. A person who his been ordered by the inspector to incur expense, as provided in sections 3-23 and 3-27, 23 and 57 of chapter 14 of these ordinances may so appeal therefrom within 15 days of the date of such order, and such appeal shall operate to stay such order pending determination of the appeal, except that, in case of a building or structure which, in the (opinion of the building inspector, is unsafe or dangerous, the inspector may in his order limit the time for such appeal to a shorter period.
The appeals provided for in this article shall be filed in writing
with the building inspector or with the board and shall specify the
grounds thereof. The building inspector shall forthwith transmit to
the board all the papers constituting the record upon which the action
appealed from was taken.
The board of appeals shall fix a reasonable time for the hearing
of the appeal or other matter referred to it, and give public notice
thereof in the local newspaper and also send notice by mail, postage
prepaid, to the petitioner and to the owners of all property deemed
by the board to be affected thereby, as they appear on the most recent
local tax list, and decide the same within a reasonable time. At the
hearing any party may appear in person or be represented by an attorney
or agent.
Whenever a variation from the provisions of these Revised Ordinance
is voted by the board, a copy of the decision specifying the variation
and the reasons therefor shall be filed in the office of the City
engineer and building inspector within 10 days after the hearing.
If the order or refusal is modified or annulled, the building inspector
shall issue a permit in accordance with such decision. No decision
of the board of appeals shall be regarded as establishing a precedent.
The board of appeals herein shall also serve as the board of
appeals under the provisions of General Laws, chapter 41, section
81Z.
It shall be the duty of the board of appeals to submit to the
mayor on or before the first day of February its annual report giving
a summary of all decisions of the board for the preceding fiscal year
of the City, together with such recommendations as may seem to them
advisable after consultation with the planning board.
