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Everett City Zoning Code

SECTION 11

Board of Appeals.

(Ord. of 4-29-91)
A. 
A Board of Appeals is hereby established in accordance with M.G.L., chapter 40A and shall consist of five (5) members who shall be citizens of Everett, and shall serve, one (1) for the term of one (1) year, one (1) for the term of two (2) years, one (1) for the term of three (3) years, one (1) for the term of four (4) years, and one (1) for the term of five years, and thereafter one (1) member shall be chosen annually for a term of five (5) years to succeed the member whose term expired. Members of the Board of Appeals shall be selected and appointed by the mayor, subject to confirmation by the city council. Vacancies shall be filled in the same manner as appointments.
The Board of Appeals shall have the following powers:
1. 
To hear and decide appeals in accordance with M.G.L., Chapter 40A, Section 8.
2. 
To hear and decide applications for Special Permits upon which the board is empowered to act under this Ordinance.
3. 
To hear and decided petitions for Variances as set forth in M.G.L., Chapter 40A, section 10, including variances for uses not permitted by this Ordinance.
4. 
To hear and decide appeals from decisions of a Zoning Administrator, if any, in accordance with M.G.L., Chapter 40A, section 13.
B. 
Associate members of the Board of Appeals may be selected and appointed by the mayor in the manner established by Section 11.A Above.
C. 
In exercising the powers granted by this section, a Board of Appeals may, in conformity with the provisions of M.G.L., Chapter 40A, make orders or decisions, reverse of affirm in whole or in part, or modify any orders or decisions, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.
D. 
The Board of appeals shall annually elect a chairman from within its own membership and a clerk.