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City of Melrose, MA
Middlesex County
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Table of Contents
Table of Contents
[Adopted as Rev. Ords. 1976, §§ 2-96 to 2-100 (Rev. Ords. 1989, §§ 2-221 to 2-225)]
[Amended 12-16-2002 by Ord. No. 02-060A]
There shall be established in the City a board to be known as the "Board of Appeals," which shall consist of five members, of whom one member shall always be an attorney at law, one an architect and one shall always be either a builder or a civil engineer. All of the members shall be appointed by the Mayor, subject to confirmation by the City Council. The Board shall elect annually a Chair from its own number. There shall also be two associate members appointed to the Board to sit on the Board in case of the absence, inability to act or conflict of interest on the part of a member thereof or, in the event of a vacancy on the Board, to sit as a member of the Board until a new member has been appointed thereto and confirmed by the City Council. Assignment of such associate member to sit on the Board shall be made by the Chair of the Board. No member or associate member of the Board of Appeals shall represent before such Board any party of interest in any matter pending before it.
State law reference — Establishment of boards of appeals, MGL c. 40A, § 14.
[Amended 8-21-2017 by Ord. No. 2018-4]
A. 
When the Board of Appeals is first constituted, the terms of the five members thereof shall be, respectively, one for one year, one for two years, one for three years, one for four years and one for five years each, and any subsequent appointments shall be for a term of five years each, so that the term of one appointee will expire each year, except that appointments to fill a vacancy shall be for the unexpired term of the member who is being replaced. Any vacancies on the Board shall be filled by appointment by the Mayor and confirmed by the City Council.
B. 
The first appointment of the two associate members shall be for one year for one member and two years for one member. All subsequent appointments shall be for two years, and such appointments of associate members and the filling of vacancies in such associate members shall be by appointment by the Mayor subject to confirmation by the City Council, with appointments to fill vacancies in such associate members to be for the unexpired term of the member who is being replaced.
[Amended 12-16-2002 by Ord. No. 02-060A]
No appeal or petition for a variance with respect to a particular parcel of land or the building thereon and no application for a special exception which has been unfavorably acted upon by the Board of Appeals shall be considered on its merits by the Board within two years after the date of such unfavorable action except with the consent of all but one of the members of the Planning Board, provided that an annulment of a favorable decision of the Board by the court pursuant to the authorization contained in MGL c. 40A, § 17, shall not constitute unfavorable action within the meaning of this section.
[1]
Editor's Note: Former § 15-3, Jurisdiction, was deleted 8-21-2017 by Ord. No. 2018-4.
[Amended 10-17-1977 by Ord. No. 19690; 6-1-1981 by Ord. No. 20976; 6-19-2006 by Ord. No. 06-225A]
Before a hearing is held on any appeal under this article, the appellant shall deposit a fee of $350 for one to three families residential and $500 for all others with the City Treasurer, who shall give a receipt therefor and shall certify on the notice of the appeal that such fee has been paid. Fees deposited in accordance with this section shall be paid into the City treasury and belong to the City.