A.
There shall be a Board of Appeals consisting of three
members and two associate members to be appointed by the Select Board
as provided in MGL c. 40A, § 12. The Board shall act within
its statutory powers as provided in MGL c. 40A, § 14, and
on matters within its jurisdiction under this bylaw in a manner prescribed
in MGL c. 40A, § 15.
B.
The Board of Appeals, hereafter referred to as "he
Board" or "he Board of Appeals" in this or any other section of this
bylaw, shall also serve as the Board of Appeals under the Subdivision
Control Law as provided in MGL c. 41, § 81-Z.
A.
Appeals. The Board is authorized to hear and decide
an appeal, as provided in MGL c. 40A, § 8, taken by any
person aggrieved by reason of his (her) inability to obtain a permit
or enforcement action from any administrative officer under the provisions
of Chapter 40A (MGL) by the Berkshire County Regional Planning Commission,
or by any person including an officer or board of the Town or of an
abutting town, aggrieved by an order or decision of the Inspector
of Buildings, or other administrative official, in violation of any
provision of Chapter 40A (MGL) of this bylaw. Any such appeal must
be taken within 30 days from the date of the order or decision which
is being appealed, and by filing a notice of appeal with the Town
Clerk, as provided in MGL c. 40A, § 15.
B.
Variances.
(1)
Dimensional. The Board may authorize, upon appeal
or upon petition with respect to a particular land or structure, a
variance from the terms of this bylaw where the Board specifically
finds that owing to circumstances relating to the soil conditions,
shape or topography of such land or structures and especially affecting
such land or structure but not affecting generally the zoning district
in which it is located, literal enforcement of the provisions of this
bylaw would involve substantial hardship, financial or otherwise,
to the petitioner or appellant and that desirable relief may be granted
without substantial detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of this bylaw.
The Board of Appeals may impose conditions,
safeguards or limitations both of time and use, including the continued
existence of any particular structures but excluding any conditions,
safeguards or limitations based upon the continued ownership of land
or structures in question by the same person.
Any appeal, application or petition to the Board
of Appeals must be filed with the Town Clerk and the Board of Appeals
in the manner prescribed in MGL c. 40A, § 15; provided,
however, that the petitioner shall also transmit eight additional
copies of the appeal, application or petition to the Board of Appeals
at the time of filing.
The Board of Appeals shall within 10 days after
receipt of an appeal, application or petition transmit a copy thereof
for review to the Board of Health, the Planning Board, the Select
Board, the Conservation Commission and any other Town agency at the
discretion of the Board of Appeals. Any board or agency to which such
matters are referred for review shall make such recommendations as
it deem appropriate in writing to the Board of Appeals; provided,
however, that failure to make recommendations within 35 days of receipt
of such board or agency of the matter for review shall be deemed lack
of opposition thereto.
The Board of Appeals shall hold a hearing on
any appeal, application or petition within 65 days from the receipt
of notice by the Board of the filing of such appeal, application or
petition.
The decision of the Board of Appeals shall be made within 100 days after the date of the filing of an appeal, application or petition with the Town Clerk except in regard to special permits as provided in § 350-50 herein. Failure by the Board to act within said prescribed time shall be deemed to be the granting of the relief, application or petition sought.
