Town of Groton, MA
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2023-04-29
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Division 4: Miscellaneous Regulations
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Chapter 338 Board of Appeals
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Part 1 Organization; Rules and Regulations
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Article V Actions by Board
- The Charter
- Ch C Charter (2022)
- Division 1: Town Meeting Enactments
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 4 Aging, Council on
- Ch 5 Agricultural Commission
- Ch 9 (Reserved)
- Ch 10 Community Preservation Committee
- Ch 13 Finance Committee
- Ch 16 Finances
- Ch 18 (Reserved)
- Ch 19 (Reserved)
- Ch 21 Housing Authority
- Ch 27 Inspector of Wires
- Ch 32 Legal Affairs
- Ch 44 Park Commission
- Ch 48 Personnel
- Ch 52 Planning Board
- Ch 65 (Reserved)
- Ch 69 Regional School District
- Ch 71 Revolving Funds
- Ch 77 (Reserved)
- Ch 81 Town Meetings
- Ch 84 Town Property, Sale of
- Ch 86 (Reserved)
- Ch 90 Water
- Ch 91 Water Use Restrictions
- Ch 93 Water Commission
- Part II: General Legislation
- Ch 105 Alcoholic Beverages
- Ch 111 Beano
- Ch 116 Boats
- Ch 119 Buildings, Numbering of
- Ch 125 Demolition Delay
- Ch 127 Discharge of Water Onto a Public Way
- Ch 128 Dogs
- Ch 134 Earth Removal
- Ch 137 Farming
- Ch 139 Fees
- Ch 141 Flood Damage Prevention
- Ch 145 Forest Lands
- Ch 153 Historic Districts and Commission
- Ch 154 Illicit Discharges to Municipal Separate Storm Drain System
- Ch 157 (Reserved)
- Ch 161 Licenses and Permits
- Ch 168 Stretch Energy Code
- Ch 175 Retail Sales, Hours of
- Ch 180 Roads and Ways
- Ch 181 Litter and Snow in Public Ways
- Ch 184 Scenic Roads
- Ch 190 Sewers
- Ch 196 Signs
- Ch 198 Stormwater Management — Low-Impact Development
- Ch 199 Polystyrene Container Restriction for Food Service Establishments
- Ch 200 Single-Use Plastic Bags
- Ch 201 Vehicles, Operation of
- Ch 205 Vehicles, Unregistered
- Ch 210 Water Supply
- Ch 215 Wetlands
- Ch 218 Zoning
- Division 2: Select Board Regulations
- Ch 222 Avenue of Flags
- Ch 223 (Reserved)
- Ch 235 Driveways
- Ch 239 Earth Removal
- Ch 242 Flags, Display of
- Ch 244 Garage and Yard Sales
- Ch 245 Standards of Conduct Policy
- Ch 246 Highway Department
- Ch 247 Road Acceptance Policy
- Ch 248 Road Openings
- Ch 249 Salaries and Wages
- Ch 251 Sanitary Landfill
- Ch 253 (Reserved)
- Ch 257 Smoking
- Ch 258 Street Naming and Building Numbering
- Ch 261 Town Buildings, Use of
- Ch 264 Town Property, Sale of
- Ch 266 Traffic Rules and Regulations
- Ch 268 Vacancies
- Ch 273 Vehicles, Unregistered
- Division 3: Board of Health Regulations
- Ch 276 Body Art Establishments and Practitioners
- Ch 277 Energy-Producing Facilities
- Ch 278 Fees
- Ch 279 Floor Drains
- Ch 280 Fuel and Chemicals, Underground Storage of
- Ch 286 Hazardous Materials
- Ch 295 Milk
- Ch 299 Outdoor Wood Burning
- Ch 307 Solid Waste
- Ch 315 Subsurface Sewage Disposal Regulations
- Ch 319 Swimming Pools
- Ch 322 Tobacco Regulations
- Ch 323 Transfer Station
- Ch 325 Water Supply
- Ch 330 Wells
- Ch 332 Wood Waste, Disposal of
- Division 4: Miscellaneous Regulations
- Ch 338 Board of Appeals
- Ch 338 Pt 1 Art V Actions by Board
- § 338-21 Votes needed.
- § 338-22 Withdrawal of application or petition.
- § 338-23 Reconsideration of decision.
- § 338-24 Reapplication.
- § 338-25 Time limits on approvals.
- Ch 344 Conservation Commission
- Ch 352 Earth Removal Stormwater Advisory Committee
- Ch 360 Historic District Commission
- Ch 381 Planning Board
- Ch 396 Groton Center Sewer District
- Ch 397 Four Corners Sewer District
- Ch 407 Water Department
- Appendix
- Ch A415 General Laws and Special Acts
- Disposition List
- Ch DL Disposition List
The concurring vote of four members of the Board shall be necessary to reverse any order or decision of the Building Inspector or to decide in favor of the applicant on any matter legally coming under the jurisdiction of the Board or to effect any variance in the application of the Groton Zoning Bylaw (See Chapter 218, Zoning). The record shall show the vote of each member upon each question. The Board shall, in addition, set forth clearly the reason(s) for its decisions.
Any application or petition may be withdrawn
without prejudice by the applicant or petitioner prior to the publication
of the first public hearing notice. Once the notice has been published,
a withdrawal without prejudice may only be with the approval of the
Board.
When a petition or application has been voted
upon and the meeting adjourned, there shall be no reconsideration
of a decision of the Board.
To have a petition which has been unfavorably
acted upon by the Board reconsidered within two years, the petitioner
should refer to the Groton Zoning Chapter, § 218-34B.
The petitioner/applicant should refer to the
Groton Zoning Chapter, § 218-33B, regarding lapse of authorization
if not exercised within a specified time.
A.
The Board will send copies of the decision of the
Board to the applicant, the Select Board, the Planning Board, the
Board of Assessors, the Town Clerk, the Building Inspector and, where
applicable, to the Board of Health, the Conservation Commission and
other Town boards or departments.
[Amended 10-1-2018 ATM
by Art. 14]
B.
The Board's decision becomes final when the decision is filed with the Town Clerk and is duly recorded as provided in Subsection C below.
C.
No variance or special permit approved by the Board
shall take effect until a notice of such approval signed by the Board
is recorded in the Middlesex County Registry of Deeds. The recording
of such notice is a responsibility of the petitioner receiving the
variance or special permit and proof of the recording, citing book
and page, must be submitted to the Board.
