Appeals: to hear and decide an appeal taken by any person aggrieved by reason of his (her) inability to obtain a certification or enforcement action from the Building Inspector under the provisions of MGL c. 40A and/or this chapter, by the Montachusett Regional Planning Commission or by any person, including an officer or board of the Town of Groton or of an abutting town, aggrieved by an order or decision of the Building Inspector in violation of any provision of MGL c. 40A or of this chapter.

Variances: to hear and decide a petition with respect to particular land or structures for a variance from the terms of this chapter where the Board specifically finds that, owing to circumstances relating to soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this chapter 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 chapter. However, the Board of Appeals is not authorized to grant variances from the use regulations of this chapter (§ 218-5). The Board of Appeals may impose conditions, safeguards and limitations, both of time and use, including the continued existence of any particular structures, by excluding any condition, safeguard or limitation based upon the continued ownership of the land or structure to which the variance pertains by the applicant, petitioner or any owner. If the rights authorized by a variance are not exercised within one year of the date of the authorization, they shall lapse and may be reestablished only after a new notice and hearing.

The Board of Appeals shall adopt rules and procedures not inconsistent with this chapter and the provisions of MGL c. 40A for conduct of its business in deciding on appeals, granting variances and issuing special permits and shall file a copy thereof with the Town Clerk. Such rules shall prescribe the size, form, contents, style and number of copies of plans and other documents and shall include provisions for submission of petition, in writing, for advertising and holding hearings, for keeping of records of proceedings, for recording the vote of each member upon each question, for setting forth the reason or reason for each decision and for notifying the parties at interest, including the Building Inspector and the Planning Board, as to each decision.

Wherever proceedings under this chapter require the giving of notice by publication in a newspaper, mailing or service by a civil officer, the costs thereof shall be borne by the applicant. The Board of Appeals shall require estimated costs to be advanced by the applicant in accordance with provisions in the rules.

An appeal to the Board of Appeals may be taken by any person aggrieved by reason of his (her) inability to obtain a permit or enforcement action from the Building Inspector, by the Montachusett Regional Planning Commission and by any person, including an officer or board of the Town or any abutting town aggrieved by an order or decision of the Building Inspector in violation of any provision of this chapter.

In the case of every appeal made to the Board of Appeals, every application for a special permit and every petition for a variance to said Board under the provisions of this chapter, the Board shall hold a public hearing thereon. Notice of the hearing shall be given by publication in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing. Notice shall be sent by mail, postage prepaid, to the parties in interest, including the petitioner, abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters within 300 feet of the property line of the petitioner, including land in another municipality, as they appear on the most recent applicable tax lists, the Planning Board and the Planning Board of every abutting municipality.

In the case of an appeal from a decision of the Building Inspector and of a variance, a petition shall be filed with the Town Clerk, who shall forthwith transmit it to the Board of Appeals. The Board shall hold a public hearing within 65 days of the receipt of the petition from the Town Clerk and shall render a decision within 100 days from the date of filing. Failure by the Board to take final action upon a petition within said one-hundred-day period shall be deemed to be a grant of the appeal or the variance applied for.

Each application for a special permit for uses designated in § 218-5.2, Schedule of Use Regulations, and for various reasons in other sections of this chapter shall be filed with the Town Clerk, who shall forthwith transmit it to the Board of Appeals. The Board shall hold a public hearing within 65 days of the filing date and shall render a decision within 90 days from the date of the public hearing. Failure to take action within the said ninety-day period shall be deemed to be a grant of the permit applied for.