[Added STM 10-2-1978 by Art. 9]
The Board of Appeals shall have the power, after
public hearing and notice as required by MGL C. 40A, to grant upon
appeal or upon petition with respect to particular land or structures
a variance from the terms of this chapter, expressly including variances
for use or activity not otherwise permitted in the district in which
the land or structure is located, upon a specific finding that, owing
to circumstances related to soil conditions shapes 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 this chapter would involve
substantial hardship, financial or otherwise, to the petitioner or
appellant, and that desirable relief may be granted without 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 this chapter.
[Amended STM 10-2-1978 by Art. 1; STM 3-15-1989 by Art. 7; 11-16-2021 STM by Art.
4]
As provided by the Massachusetts General Laws,
there shall be in Westminster a Board of Appeals. Such Board of Appeals
shall consist of three members and four associate members, all of
whom shall be appointed by the Select Board in a manner specified
in the Massachusetts General Laws. Such Board members shall have and
exercise the powers applicable under said Massachusetts General Laws.
The Board of Appeals shall act as the permit granting authority and
as special permit granting authority designated by MGL C. 40A.
[Amended STM 10-2-1978 by Art. 1]
An appeal to the Board of Appeals may be taken
by any person aggrieved by reason of his or her inability to obtain
a permit or enforcement action from any administrative officer under
the provisions of MGL C. 40A, by the regional Planning Agency, by
any persons, including an officer or board of the Town, or of an abutting
city or Town aggrieved by an order or decision of the Building Inspector
or other administrative official in violation of any provision of
MGL C. 40A or this chapter.
[Added STM 10-2-1978 by Art. 1]
A.
Except as otherwise provided for in Article IX, special permits, as provided for in Article VI, shall only be issued or denied by the Board of Appeals following a public hearing held within 65 days after filing of an application for a special permit with the Town Clerk and upon a finding by the Board that the use request is appropriate on the site in question and that the use will not be unduly detrimental to the health, safety, morals or welfare of the community or neighborhood by reason of noise, traffic, pollution or demand on community facilities or utilities. The Board, in issuing any special permits, shall stipulate any conditions it deems necessary to ensure that the use will not become unduly detrimental to the Town or area in which it is located.
B.
A special permit granted by the Board shall lapse
within two years, which shall not include such time required to pursue
or await the determination of an appeal if one is taken, from the
grant thereof, if a substantial use thereof has not sooner commenced,
except for good cause or, in the case of permit for construction,
if construction has not begun by such date, except for good cause.
[Amended STM 11-29-2012 by Art. 16]
[Added STM 10-2-1978 by Art. 1]
If the rights authorized by a variance are not
exercised within one year of the date of the grant of such variance,
they shall lapse.
