[HISTORY: Adopted by the Zoning Board of
Appeals of the Town of Southborough 2-21-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 174.
[1]
Editor's Note: This enactment also superseded former Ch. 249,
Zoning Board of Appeals, adopted 3-12-1974, as amended 1-26-2007 and
9-28-2011.
A.
The following rules and regulations are adopted by the Town of Southborough (the "Town ") Zoning Board of Appeals (the "Board") under the authority of, and in compliance with, the General Laws of the Commonwealth of Massachusetts (the "General Laws"), Chapter 40A, § 12, and Chapter 174, Article VI, § 174-25 of the Town Zoning Code.
B.
These rules and regulations shall be filed with the Town Clerk, and
after such filing are effective as of February 21, 2017. These rules
and regulations supersede any and all previous regulations of the
Board.
C.
These rules and regulations may be amended at any time by a vote
of four of the five then-sitting members of the Board. Any such amendments
shall be filed with the Town Clerk in the same manner in which these
rules and regulations were so filed and will be effective as of such
filing date (or other later date as specified as part of such filing).
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:
(1)
Calling meetings;
(2)
Presiding at meetings and regulating their conduct;
(3)
Appointing subcommittees, to the extent permissible pursuant to applicable
law, as he/she deems necessary, to review Board administrative issues
and make recommendations to the Board for consideration and approval;
and
(4)
Authorizing purchase orders for expenditures by the Board.
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The Chairman may, at his/her discretion, designate another Board
member to fulfill certain of these duties.
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B.
Acting Chairman: If the Chairman is absent from a meeting or unable
to fulfill his/her duties for a period of time, he/she may appoint
an Acting Chairman to fulfill the Chairman's duties for a particular
meeting or for a specified period of time. If the Chairman has not
appointed an Acting Chairman to serve during such absence, the senior
member present, in point of service, shall be Acting Chairman during
such absence.
The Board shall conduct its affairs, meetings and hearings and
render its decisions according to the requirements of the Town Zoning
Bylaw (the "Bylaw"), the Town Code (the "Town Code") and the General
Laws of the Commonwealth of Massachusetts (the "General Laws"), as
applicable.
A.
Process for petitions and appeals. The Board's process for considering
and disposing of petitions and appeals shall be according to the requirements
of the By-Law, the Town Code and the General Laws, as applicable.
The Board may establish related administrative processes not inconsistent
with the By-Law, the Town Code and the General Laws as it deems necessary,
and such administrative processes may be modified from time to time
by a vote of four of the five then-sitting members of the Board.
B.
Forms and Instructions for Petitions and Appeals
(1)
All petitions and appeals to the Board shall be presented on forms
to be supplied by the Board, according to the instructions provided
with these forms. Such forms and instructions may be modified from
time to time as the Board deems necessary, by a vote of four of the
five then-sitting members of the Board.
(2)
If there is any conflict between these rules and regulations and
the Bylaw, the Town Code and the General Laws pertaining to a zoning
matter, then the order of precedence for resolution of such conflict
shall be first, the General Laws, then second, the Town Code (including
the Bylaw) and then third, these rules and regulations.
