These rules and regulations are established pursuant to Massachusetts General Laws Chapters 40A and 40B (MGL c. 40A, §§ 9 and 12, and MGL c. 40B, § 21) and § 220-61A of the Town of Lancaster Zoning Bylaws ("Zoning Bylaw"), as amended.[1] These rules and regulations, appendix of approved forms and fee schedules, were approved by vote of the Lancaster Board of Appeals at a public meeting and shall supersede all previous regulations of the Board of Appeals, which are hereby repealed.
[1]
Editor's Note: See Ch. 220, Zoning, of this Code.
These rules shall be interpreted and applied so as to implement the requirements of MGL c. 40A and 40B, and the Zoning Bylaw. In the event that any provision hereof is deemed to be in conflict with these statutes or the Zoning Bylaw, the latter shall govern.
The Board of Appeals ("Board") shall have the power to hear and decide the following categories of appeals, applications or petitions:
A. 
Special permits. Applications for special permits in accordance with MGL c. 40A, §  9, and the Zoning Bylaw, and requests submitted for findings in accordance with requests for permits to expand or alter nonconforming use or structures pursuant to MGL c. 40A, Section 6 where the Board is designated in the Zoning Bylaw as the Permit Granting Authority or Special Permit Granting Authority;
B. 
Variances. Petitions for variance from the provisions of the Zoning Bylaw pursuant to MGL c. 40A, § 10;
C. 
Comprehensive permits. Applications for comprehensive permits pursuant to MGL c. 40B;
D. 
Administrative appeals. Appeals by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any applicable zoning officer or building official pursuant to MGL c. 40A, § 8.
The Board shall consist of five members and three associate members (also sometimes referred to herein as "regular members" and "alternate members"). All members are appointed by the Select Board.
At the first meeting of each year, the Board shall elect, by majority vote, a Chairman and Clerk who shall serve until the remainder of the year or until a successor is elected. Associate members shall not participate in the vote unless designated to sit and vote thereon in the absence of a regular member.
The Chairman shall vote and be recorded on all matters before the Board. The Chairman shall call and preside over all meetings and hearings and shall be responsible for submitting all reports, decisions, minutes and other official business of the Board as required, including but not limited to the power and duty to:
A. 
Sign all communications, correspondence and decisions of the Board;
B. 
Endorse all purchase orders, vouchers, and expense authorizations as required;
C. 
Supervise the performance of duties by other officers and members;
D. 
Designate a Member or Associate to Chair meetings or hearings in the event of his absence or inability to act upon matters before the Board;
E. 
Communicate with applicants, appellants or petitioners, their agents or attorneys in connection with any matter pending before the Board;
F. 
Request opinions and advice of Town Counsel;
G. 
Appoint Associate Members to act upon Board matters in the absence or due to the inability to act of a regular Member;
H. 
To request the production of testimonial or documentary evidence which the Board deems relevant to any matter pending before it; and in furtherance thereof, to issues subpoenas in accordance with the provisions of the Zoning Act.
The Clerk shall have such duties as the Chairman shall designate including the supervision of all clerical functions of the Board, preparation of dockets, agendas, minutes of Board meetings and hearings, decisions, notices of decisions of the Board, reports and other communications and records. The Board may hire a clerical secretary to assist the Chairman and Clerk in the performance of their duties.
Associate members shall attend all meetings and hearings of the Board, and shall perform the duties of a regular member when so designated by the Chairman.
A quorum for any meeting or hearing of the Board shall consist of at least four members. In the event that fewer than four members are present and qualified to vote at the commencement of any meeting or hearing, the Chairman shall adjourn until such time as a quorum shall be present.
Meetings shall be held at a time and place to be designated by the Chairman, shall be posted and conducted in accordance with the Open Meeting Law,[1] and shall not be held on Sundays, legal holidays or days on which state or municipal elections, caucuses, primaries or Town Meetings are held. Views of property, which the Board desires to take, may be conducted at the convenience of the Board and shall not be deemed to be meetings.
[1]
Editor's Note: See MGL c. 39, § 23B.
A. 
The vote of each member designated to sit on any matter shall be recorded by the Clerk. No member shall vote on a matter, which is required by law to be decided after public hearing, unless the member attended all but one of the sessions of the public hearing.
B. 
Decisions of the Board shall be by majority vote unless otherwise required by law. A vote of at least four members shall be required to grant a special permit or variance, or to reverse any decision of a zoning or building official upon any administrative appeal.