[HISTORY: Adopted by the Zoning Board of Appeals of the Town of Wakefield 5-24-2000. Amendments noted where applicable.]
The Zoning Board of Appeals ("Board") operates under the authority of the Zoning Bylaws of the Town of Wakefield and Chapters 40A and 40B of the Massachusetts General Laws. These rules have been adopted pursuant to § 190-64D of the Zoning Bylaws. They are not meant to be a substitute for the Zoning Bylaws. Petitioners should refer to the Bylaws for additional information and substantive provisions.
The Board regularly schedules public hearings for the second and fourth Wednesday of each month in the Town Hall, except during the months of July and August when the Board schedules hearings as necessary. The Board may schedule a public hearing at other locations when it determines there is a need for additional capacity to handle the expected public turnout. The Board may hold additional public hearings and meetings as it deems necessary. The Chairman determines the order in which cases are called during the hearing and is responsible for running the hearing or meeting. In the absence of the Chairman, the Clerk shall be responsible for running the hearing.
All applications are available at the office of the Town Clerk. The applications are self-explanatory and must be filled out completely. Petitioners are strongly encouraged to review the application(s) with the Building Inspector and Town Planner (as appropriate) prior to filing.
Applications shall be submitted as follows:
A. 
Appeals. To appeal. a decision of an administrative officer or department, including the Building Inspector and the Planning Board, the appropriate application form must be completed. A separate application form must be submitted for each appeal that is being filed. The original(s) and 12 copies must be filed with the Town Clerk. The time limits and requirements for filing such appeals are specified in § 190-46G (appeal from Planning Board) or § 190-65 (appeal from Building Inspector). Petitioners should refer to these bylaws for additional information on appeals.
B. 
Special permits.
(1) 
To request a special permit, the appropriate application form must be completed. A separate application form must be submitted for each special permit that is being requested. The original(s) and 12 copies must be filed with the Town Clerk. Petitioners should refer to § 190-44 of the Zoning Bylaws for additional information on special permits generally. Petitioners should refer to § 190-22 for specific requirements for special permits for accessory apartments.
(2) 
Pursuant to § 190-45 of the Zoning Bylaws, 17 copies of the site plan shall be filed with the Board at the time of application for the special permit. Within seven days of its receipt of the site plan, the Board shall forward six copies to the Planning Board and one copy each to the Building Inspector, Board of Health, Fire Department, Police Department and Conservation Commission for their comments and recommendations. Petitioners should refer to § 190-45 of the Zoning Bylaws for additional information on site plan review.
C. 
Variances. To request a variance, the appropriate application form must be completed. A separate application must be submitted for each variance that is being requested. The original(s) and 12 copies must be filed with the Town Clerk. Petitioners should refer to § 190-66 for additional information on variances.
D. 
Nonconforming uses and structures. To request to reconstruct, change, extend, or alter a nonconforming structure or building or to change, extend, or alter a nonconforming use, the appropriate application form must be completed. The original and 12 copies must be filed with the Town Clerk. Petitioners should refer to § 190-50 for additional information on nonconforming uses and structures.
E. 
The Board may consolidate matters for procedural purposes after proper publication and notice.
Pursuant to § 190-73, the following schedule of fees has been established to cover the costs of legal notices, mailings and other costs related to the review of applications submitted to the Board:
A. 
For all applications, there is a fee of $100 to cover advertising and notification of the first 20 parties to be notified $2 will be charged for each additional party over 20. In addition, the following fees shall be paid:
(1) 
Applications to appeal from actions of administrative officials or agencies: $125.
(2) 
Applications for residential variances related to dimensional regulations: $50.
(3) 
Applications for nonresidential variances related to dimensional regulations: $100.
(4) 
Applications for a special permit: $100.
(5) 
(5) Pursuant to § 190-73, combinations of separate applications listed above shall not be filed on one application. The petitioner shall file separate applications and pay the appropriate fee for each application filed.
The Board will publish a notice of the public hearing in accordance with § 190-68 of the Zoning Bylaws and MGL c. 40A.
Pursuant to MGL c. 40A, § 13, and § 190-4, the Board has appointed the Building Inspector to serve as the Zoning Administrator and has delegated the following authority to him:
A. 
To approve or deny requests for continuation and extension of legal nonconforming structures and uses in connection with single- and two-family residences pursuant to § 190-50 of the Zoning Bylaws;
B. 
To approve changes to site plans which in his opinion improve the plan and further the goals set forth in § 190-3 of the Zoning Bylaws.
The petitioner is responsible for submitting to the Board (by filing with the Town Clerk) 12 copies of any additional material to be reviewed at the hearing (including but not limited to briefs, memoranda, architectural drawings, landscaping plans, site plans, and studies) by the Friday before the scheduled hearing date. Any failure to submit such additional material by the appropriate Friday may result in the matter being continued.
The decision of the Board shall be made within 75 days after the date of the filing of an appeal or application for a variance, or within 90 days after the date of filing of an application for a special permit. These deadlines may be extended by agreement of the petitioner and the Board. The Board shall cause to be made a detailed record of its proceedings, showing the vote of each member, or if absent or failing to vote, indicating such fact, and setting forth the reason(s) for its decision and of its official action, copies of all of which shall be filed within 14 days with the Town Clerk and shall be a public record, and notice of the decision shall be mailed forthwith to the petitioner, to the parties in interest designated in MGL c. 40A, § 11, and to every person present at the hearing who requested that notice be sent to him/her and stated the address to which such notice was to be sent.
The Board retains jurisdiction over all approved special permits and variances to ensure compliance with such permits and variances and any conditions the Board has imposed.
The Board shall annually elect a Chairman and Clerk from its membership. This election shall occur at the first scheduled hearing date in July (or at the next scheduled hearing date).
All requests for information from the Board shall be responded to in accordance with the Massachusetts Public Records Law, MGL c. 66.
The Board has adopted the model local rules prepared by the Housing Appeals Committee for comprehensive permits pursuant to MGL c. 40B, §§ 20 through 23. In addition to these rules, the Board may require all petitioners to submit landscaping plans and such other plans and studies, as it deems necessary to evaluate the application. The Board may also request petitioners to review their applications and plans with the Town Planner. The model local rules are attached and incorporated by reference.