[Amended 3-5-1974 ATM, Art. 9; 10-21-1996 FATM, Art. 64]
There is hereby established a Board of Appeals
of five members and two associate members to be appointed by the Selectmen
June 1st as provided in MGL c. 40A which shall act on all matters
within its jurisdiction under this bylaw in the manner prescribed
in MGL c. 40A.
The Board of Appeals shall have the following
powers:
A.Â
Appeals. To hear and decide an appeal taken by any
person aggrieved by reason of his inability to obtain a permit from
any administrative official under the provisions of MGL c. 40A, or
by any Officer or Board of the Town, or by any person aggrieved by
any order or decision of the Inspector of Buildings or other administrative
Official in violation of any provision of MGL c. 40A, or of this bylaw.
B.Â
Special permits. To grant a special permit for an
exception as provided by Sections of this bylaw when it shall have
found 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.
C.Â
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 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 detriment
to the public good and without nullifying or substantially derogating
from the intent or purpose of this bylaw, but not otherwise.
