The Board shall consist of three members to be appointed by the Select Board Members. All members of the Board shall be residents of the Town. The appointments first made shall be for one-, two-, and three-years respectfully, so that the terms of one member shall expire each year and subsequent appointments shall be for a term of three years.

Vacancies shall be filled for unexpired terms within 60 days in the same manner as in case of original appointments and as hereinafter provided. There shall at all times be three associate members of the Board of Appeals who shall be appointed in like manner and have the same qualifications as the regular members of the Board. In case of an unfilled vacancy, inability to act, or conflict of interest on the part of a member of such Board, the Chair of the Board of Appeals shall designate one of the associate members to take the place of such member.

Appeals: To hear and decide an appeal taken from any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of Chapter 40A of Massachusetts General Laws, by the Metropolitan Area Planning Commission, or by any person including an officer or board of the Town of Hull, or of an abutting city or town aggrieved by an order or decision of the Building Commissioner, or other administrative official, in violation of any provision of Chapter 40A of Massachusetts, General Laws, or any bylaw adopted thereunder.

Variances: To authorize upon appeal or upon petition with respect to particular land or structures a use or dimensional variance from the terms of this bylaw where the Board of Appeals 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 structures but not affecting generally the zoning district in which it is located, a 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 detrimental to the public good and without nullifying or substantially derogating from the intent or purpose of this bylaw.

Special Permits: Special permits shall be granted after a public hearing held by the Board of Appeals and all other Special Permit Granting Authorities within 65 days of the filing of an application with the Town Clerk and after the Board of Appeals or other Special Granting Authorities finds that the use involved will be in harmony with the general purpose and intent of this bylaw and shall not be substantially more detrimental to the established or future character of the neighborhood and Town and subject to appropriate conditions or safeguards if deemed necessary.

A special permit shall automatically lapse two years from the date of the grant of a special permit unless substantial use or construction is commenced except for good cause. Excluded from the two-year time period is the time required to pursue or await the determination of an appeal referred to in Section 17 of Massachusetts General Law, Chapter 40A.

Special permits granted under § 410-4.3, Flexible plan development, of this zoning bylaw shall remain in effect for a period of two years plus such time required to await the determination of an appeal referred to in Massachusetts General Law, Chapter 40A, Section 17 from the grant thereof, and shall automatically lapse if a substantial use thereof has not sooner commenced except for good cause as determined by the special permit granting authority following a public hearing with proper notice per Massachusetts General Law, Chapter 40A, Section 12 or, in cases where a permit for construction has been granted, if construction has not begun by such date except for good cause as determined by the building commissioner.

Any person applying for a building permit who desires to be relieved from the operation of any of the provisions of this § 410-8.1 may make application in writing to the Town Clerk, specifying in detail the subject matter and the nature of the action or relief requested.

The Building Commissioner and others shall give the Board of Appeals such information as it may require in regard to cases that come before it.