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Dalton City Zoning Code

ARTICLE XIX

Board of Appeals

§ 350-117 Membership and authority.

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.

§ 350-118 Statutory powers.

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.
(2) 
Use. The Board may authorize a use or activity not otherwise permitted in the district in which the land or structure is located subject to the provisions of Subsection A (1) above.
(3) 
Expiration of variance. If the rights authorized by a variance are not exercised within one year of the date of grant of such variance they shall lapse, and may be reestablished only after notice and a new hearing as provided in § 350-122.
C. 
Special permits. The Board of Appeals may hear and decide application for special permits upon which the Board of Appeals is specifically authorized to act under this bylaw in accordance with all the applicable provisions of Article XI herein.

§ 350-119 Conditions, safeguards and limitations.

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.

§ 350-120 Appeals, applications and petitions.

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.

§ 350-121 Review by other boards and agencies.

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.

§ 350-122 Required public hearing.

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.

§ 350-123 Decisions.

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.