Town of Bellingham, MA Board of Appeals

The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws and by this bylaw. The Board's powers are as follows:

To hear and decide applications for special permits upon which the Board is empowered to act under this bylaw, in accordance with Article IV, Special Permits.

To hear and decide appeals or petitions for variances from the terms of this bylaw, including variances for use, with respect to particular land or structures. Such variance shall be granted only in cases where the Board of Appeals finds all of the following:

(1)

A literal enforcement of the provisions of this bylaw would involve a substantial hardship, financial or otherwise, to the petitioner or appellant.

(2)

The hardship is owing to circumstances relating to the soil conditions, shape 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.

(3)

Desirable relief may be granted without either:

(a)

Substantial detriment to the public good; or

(b)

Nullifying or substantially derogating from the intent or purpose of this bylaw.

To hear and decide other appeals. Other appeals will also be heard and decided by the Board of Appeals when taken by:

(1)

Any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of M.G.L. ch. 40A; or by

(2)

The Metropolitan Area Planning Council; or by

(3)

Any person including any officer or board of the Town of Bellingham or of any abutting town, if aggrieved by any order or decision of the Inspector of Buildings or other administrative official, in violation of any provision of M.G.L. ch. 40A; or this bylaw.

To issue comprehensive permits. Comprehensive permits for construction may be issued by the Board of Appeals for construction of low- or moderate-income housing by a public agency or limited dividend or nonprofit corporation, upon the Board's determination that such construction would be consistent with local needs, whether or not consistent with local zoning, building, health or subdivision requirements, as authorized by M.G.L. ch. 40B, §§ 20 through 23.

To issue withheld building permits. Building permits withheld by the Inspector of Buildings acting under M.G.L. ch. 41, § 81Y, as a means of enforcing the Subdivision Control Law[1] may be issued by the Board of Appeals where the Board finds practical difficulty or unnecessary hardship, and if the circumstances of the case do not require that the building be related to a way shown on the subdivision plan in question.

[1]

Editor's Note: See M.G.L. ch. 41, §§ 81K to 81GG.