Town of Southborough, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Zoning Board of Appeals of the Town of Southborough 3-12-1974. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 174.

§ 249-1 Authority; amendments.

A. 
The following rules and regulations are adopted by the Southborough Zoning Board of Appeals under the authority of, and in compliance with, MGL c. 40A, § 12. These rules and regulations shall become effective upon the filing of the same with the Town Clerk for the Town of Southborough.
B. 
These rules and regulations may be amended at any time by the Zoning Board of Appeals. Any such amendments shall be filed with the Town Clerk in the same manner in which these rules and regulations were so filed. Such amendments shall take effect upon being filed with the Town Clerk.
C. 
These rules and regulations supersede any and all previous regulations of the Zoning Board of Appeals.

§ 249-2 Chairman; disqualification of members.

A. 
Chairman: A Chairman shall be elected annually no later than June 30 by majority vote of the Full Members of the Board and will serve for a twelve-month term from July 1 through the subsequent June 30. Should a new Chairman not be elected by June 30 of a particular year, the then-current Chairman shall continue to serve as Chairman until a successor is elected. The Chairman shall be responsible for the overall conduct of the Board's activities, including but not limited to:
[Amended 9-28-2011]
(1) 
Calling meetings;
(2) 
Presiding at meetings and regulating their conduct; and
(3) 
Authorizing purchase orders for expenditures by the Board.
The Chairman may, at his/her discretion, designate another Board member to fulfill certain of these duties.
B. 
Members. Members and alternates shall be responsible for disqualifying themselves from participation in the deciding of any case coming before the Board where the member or alternate has any substantial conflict of interest pertaining to the subject matter of the particular case.

§ 249-3 Meetings; hearings.

A. 
Five members of the Board shall be present at every hearing. Four members may hold a hearing and act on the matter before the Board, provided that the interested parties assent thereto before the hearing opens. Any hearing may be adjourned for any reason by the Board, or by any member in case of the absence of a quorum, to a later date by a statement to that effect at the hearing, and the hearing as so adjourned from time to time may be held without any further notice, unless the Board shall vote that such notice shall be given.
B. 
The Board will hold public hearings on all applications submitted to it. A quorum shall consist of four members or their alternates. No member shall appear or represent any person in any matter pending before the Board. No member shall hear or decide an appeal in which he is directly or indirectly interested in a personal or financial sense.
C. 
The hearings will proceed as follows:
(1) 
The Chairman will call the meeting to order and read the notice of hearing as it appeared in the paper.
(2) 
The applicant or his representative shall present the case to the Board.
(3) 
The abutters to the property present at the hearing may be heard and duly recorded.
(4) 
Any other interested parties present at the hearing may be heard.
(5) 
Town representatives may be heard (Planning Board, Selectmen, other boards, etc.).
(6) 
The Chairman shall inform those present at the hearing as to the time requirements, under MGL c. 40A, § 21,[1] for appealing the decision of the Board.
[1]
Editor's Note: See MGL c. 40A, § 17, Judicial Review.
D. 
Hearings before the Board:
(1) 
All hearings of the Board shall be open to the public.
(2) 
The transcript of each hearing shall state the members of the Board present and other persons who speak at the hearing and shall contain a summary of the evidence given.
(3) 
The transcript shall be signed by the Secretary or Acting Secretary.
E. 
Rules governing appeals and petitions.
(1) 
Forms for appeals and petitions. All appeals and petitions to the Board of Appeals shall be presented on forms to be supplied by the Board and obtained through the office of the Inspector of Buildings, the Selectmen's office or from the Secretary of the Board of Appeals.
(2) 
Filing. Appeals and petitions to the Board of Appeals shall be filed with the Secretary of the Board, together with the filing fee, and a copy shall be filed with the Town Clerk.
(3) 
Filing fee. The applicant shall pay a fee of $50 to the Secretary of the Board of Appeals, the check to be made payable to the Town of Southborough.
(4) 
Limitation of time in certain appeals. Appeals from an order of the Inspector of Buildings or other administrative officers or boards or from a refusal by any board to issue a license or permit shall be filed within 30 days of such order or refusal.
(5) 
Notice of hearings. Notice of public hearing will be given in accordance with applicable sections of Chapter 10A of the General Laws of the Commonwealth of Massachusetts.
(6) 
Hearings. Hearings of the Board of Appeals shall be held at the Town Hall or at such other place within the Town as may be designated by the Board.
(7) 
Appearance. At a hearing before the Board, any party may appear in person or by agent or attorney. Every such agent or attorney shall file with the Secretary his full name, address and the name of the party he represents.
F. 
Decision of Board.
(1) 
The record of the meetings of the Board shall show the vote of each member present upon each question, the names of those members absent or failing to vote and shall set forth clearly the reason or reasons for its decisions and of its other official actions, copies of all of which shall be filed in the office of the Town Clerk of Southborough and shall be a public record.
(2) 
Upon the granting of a limited or conditional zoning variance or special permit, the Board shall issue to the owner of the land involved a notice, certified by the Chairman or Acting Chairman, Clerk or Secretary, containing the name and address of the landowner, identifying the land affected and stating that a limited or conditional variance or special permit has been granted which is set forth in the decision of the Board on file in the office of the Town Clerk of Southborough. No such variance or permit shall take effect until such notice is recorded in the registry of deeds for the County of Worcester by the owner, who shall be responsible for such recording and for paying any fees in connection therewith.
(3) 
If there is any conflict between these rules and regulations or the Zoning Bylaw of the Town of Southborough and the General Laws of the Commonwealth of Massachusetts pertaining to zoning, then the laws of the Commonwealth of Massachusetts shall govern in all such cases.