94-11.1.1 Officer. The building commissioner shall interpret, administer, and enforce this chapter on his own initiative and on referral from other city officials or on written complaint.

94-11.1.2 Permit Required. No building or structure shall be erected, altered or moved without written permit issued by the building commissioner. Such permits shall be applied for in writing to the building commissioner. The building commissioner shall not issue any such permit unless the plans for the building and the intended use thereof in all respects fulfill the provisions of this chapter, except as may have been authorized by special permit or variance issued by the board of appeals, community development board, or the city council, provided a written copy of the decision governing any such special permit or variance be attached to the application and to the resulting building permit issued. One copy of each such building permit as issued, including any conditions or restrictions attached thereto, shall be kept on file in the office of the building commissioner.

94-11.1.3 Occupancy Permit. No principal structure erected anew or altered, and no new use, change of use, or extension of use of land, a structure or a structure and land in combination shall be occupied or used without an occupancy permit. Where a building permit is not required in connection with a new use, change of use or extension of use the occupant shall nevertheless apply for an occupancy permit for the new, changed or extended use. An occupancy permit shall not be issued until the building and its uses and accessory uses and the use of all land have been inspected and found to comply with all the provisions of this chapter. With such conditions as may be deemed wise to impose, the building commissioner may issue a temporary occupancy permit for a specified part of a building for a period not to exceed six months. The fee for an occupancy permit where no building permit has been applied for shall be as set forth in the fee schedule in Appendix A to these Revised Ordinances, payable to the city at the time of issuance. The fee for a temporary occupancy permit is as set forth in the fee schedule in Appendix A to this chapter.

94-11.1.4 Plans and Specifications. The building commissioner shall require the filing of such plans and specifications as are necessary to discharge his duties under this chapter. The building commissioner shall adopt rules relating to plans and specifications that are coordinated with those required for building permit applications and the rules of the city council, board of appeals, and community development board, when acting as SPGA or site plan review authority, to minimize the administrative burden and cost imposed on the applicant.

94-11.1.5 Right of Entry. The building commissioner or his duly authorized agent shall have every lawful right to enter and inspect any building, other structure, lot or area of land at all reasonable times whether already constructed, erected, altered or put into use or during the course of construction, erection, alteration, or the putting into use, for the purpose of determining whether or not that structure and/or land and all uses therein and thereon are in compliance with this chapter.

94-11.2.1 General. An applicant for a variance or special permit shall erect and maintain in legible condition one or more public notification panels at the site for which the variance or special permit relief is requested. The required panels shall be secured by the applicant after approval of location by the issuing authority.

94-11.2.2 Location and Number. Panels shall be securely mounted on the subject lot at the street line or within the property, but in any case not more than 20 feet from the street line. However, whereas located, the panel(s) shall be visible, easily identifiable, and legible to persons passing by on the public street, without the necessity of trespass onto private property. For lots having street frontage of 200 feet or less, one panel shall be installed, one additional panel shall be installed for each additional 500 feet of street frontage. The panels shall be exempt from any applicable limitations on accessory signs.

94-11.2.3 Schedule and Duration. The required panels shall be installed not less than 14 days before the date of the public hearing. They shall be maintained in legible condition until a notice of decision has been filed with the city clerk by the permit or special permit granting authority. Panels that are stolen, destroyed, or rendered illegible shall be promptly replaced, and panels shall be promptly removed after the notice of decision has been filed.

94-11.2.4 Contents of Panels. The text of the panel shall generally contain the name of the petitioner; a description of the area or premises; street address or other information adequate to identify the location or area subject to the permit petition; the date, time and place of the public hearing; subject matter of the hearing; the nature of the action or relief requested; the place where the full application may be inspected; case number of the application; the place where written comments may be directed; the phone number of the municipal agency or contact person where further information may be obtained. Reasonable modifications of the text requirements of this paragraph shall be permitted to enable the most important information be provided in the most eligible form.

94-11.2.5 Graphic and Construction Standards. Panels shall not be less than 18 inches by 24 inches in dimension; they may be larger. No text on the panel shall be smaller than 16 point type. Panels shall be made of materials adequately weather resistant and durable for the time they are required to be posted.

94-11.3.1 Enforcement. The building commissioner, upon being informed in writing of a possible violation of this chapter, or on his or her own initiative shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. The building commissioner, on evidence of any violation, after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises. The building commissioner shall demand in such notice that such violation be abated within a reasonable time, designated therein by the building commissioner. Such notice and demand may be given by mail addressed to the owner at the address appearing for him on the most recent real estate tax records of the city and to the occupant at the address of the premises of such seeming violation.

94-11.3.2 Violation; Penalty. Any person convicted of a violation of this chapter shall be fined not more than $300.00 for each day such violation continues to exist.

94-11.3.3 Noncriminal Disposition. In addition to the procedures for enforcement as described in the previous paragraph, the provisions of this chapter may be enforced by the building commissioner by noncriminal complaint pursuant to the provisions of M.G.L.A. c. 40, § 21D. The penalty for violation of any provision of this chapter shall be $25.00 for the first offense; $50.00 for the second offense; $100.00 for the third offense and $200.00 for the fourth and each subsequent offense.

94-11.4.1 Establishment. A board of appeals, provided for under M.G.L.A. c. 40A, § 12, is hereby established consisting of five members who shall be appointed by the mayor. The members shall serve for a term of three years which shall expire the first Monday of March, staggered so that the term of not more than one member expires annually. The members shall be residents of the city. The board shall annually elect a chairman from among its own members and a clerk. The mayor shall also annually appoint one associate member of such board of appeals who shall be appointed for a one-year term and who shall sit on the Board upon the designation of the chairman to act in the event of a vacancy or the absence, inability to act, or interest on the part of a member thereof. Members and the associate member shall serve until a successor is appointed and qualified, unless sooner removed.

94-11.4.2 Powers. The board of appeals shall exercise the powers and perform the duties prescribed for a board of appeals under the provisions of M.G.L.A. c. 40A and c. 40B, or any amendments thereto. Any action of such board shall be in accordance with and subject to the terms thereof.

Whenever a petitioner or applicant seeks relief or action from both the city council and the board of appeals, in order to obtain relief, such petitioner, applicant or other person shall first file with the board of appeals for the relief which such board has jurisdiction to grant and only after a favorable decision by the said board, shall a petitioner, applicant, or other person be permitted to file with city council for further relief.

The board's powers are as follows:

1.

When designated as the special permit granting authority, to hear and decide applications for special permits.

2.

To hear and decide appeals or petitions for variances from the terms of this chapter, with respect to particular land or structures, as set forth in M.G.L.A. c. 40A, § 10. The board of appeals may consider and grant a use variance.

3.

To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of M.G.L.A. c. 40A, §§ 7, 8 and 15.

4.

To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in M.G.L.A. c. 40B, §§ 20—23.

94-11.4.3 Procedures. Applications shall be filed in accordance with the rules and regulations of the board of appeals. An application shall not be deemed complete until all copies of required information and documentation have been filed with the board of appeals.

94-11.4.4 Conditions. Special permits and variances may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the board of appeals may deem necessary to serve the purposes of this chapter.

94-11.4.5 Rules. The board of appeals shall adopt rules for conducting its business and otherwise carrying out the purposes of this chapter. These rules shall include but not be limited to the procedure for appeal from administrative decisions, petitions for variances and applications for special permits, and the manner and type of maps and other materials that the appellant, petitioner or applicant shall provide and which shall accompany each of these three types of procedures. The board of appeals shall file a copy of such rules in the office of the city clerk.

94-11.4.6 Fees. The board of appeals may adopt schedules of fees as a part of their rules, and establish payment procedures, except that any officer or board of the city acting in their official capacity shall be exempt from payment of such fees.

94-11.5.1 Establishment. The community development board, as established by the Acts of 1974, Chapter 839, Section 7, shall have seven members, six appointed by the mayor and one appointed by the department of housing and community development. Members appointed by the mayor shall serve for a term of three years. Terms of all members appointed by the mayor shall expire on June 30 on any year.

94-11.5.2 Powers. The community development board shall exercise the powers and perform the duties prescribed for a planning board under the provisions of M.G.L.A. c. 41, § 70, and M.G.L.A. c. 40A, or any amendments thereto. Any action of such board shall be in accordance with and subject to the terms thereof. The community development board shall have the following powers:

1.

To hear and decide applications for special permits, when designated as the SPGA in this chapter.

2.

To hear and decide applications for site plan approval pursuant to section 94-11.7.

3.

To hear and decide subdivision applications as well as review approval not required (ANR) plans.

4.

To hold public hearings and make recommendations to the city council on adoption of municipal plans, zoning changes, and ordinances relevant to development.

5.

To provide design review feedback as needed to developers in advance of permit filings.

94-11.5.3 Associate Member. The community development board shall not have more than two associate members. An associate member shall be appointed by the mayor for one three-year term beginning July 1 and ending June 30. The associate member shall act in the case of absence, an inability to act, or a conflict of interest on the part of any member of the community development board, or in the event of a vacancy on the board. Prior to commencement of a proceeding, the chair shall designate the associate community development board member to sit in the event that, as stated above, any member is absent, unable to act or has a conflict of interest. In the case of resignation of an associate member, the mayor may immediately appoint a new associate member for a term to end June 30 of that year, or take any other action relative thereto.

94-11.5.4 Procedures. Applications shall be filed in accordance with the rules and regulations of the community development board. An application shall not be deemed complete until all copies of required information and documentation have been filed with the community development board.

94-11.5.5 Conditions. Special permits and site plan approval may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the community development board may deem necessary to serve the purposes of this chapter.

94-11.5.6 Rules. The community development board shall adopt rules for conducting its business and otherwise carrying out the purposes of this chapter. These rules shall include but not be limited to the procedure for applications for special permits or site plan approval, and the manner and type of maps and other materials that the applicant shall provide and which shall accompany each of these types of procedures. The board shall file a copy of such rules in the office of the city clerk.

94-11.5.7 Fees. The community development board may adopt schedules of fees as a part of their rules, and establish payment procedures, except that any officer or board of the city acting in their official capacity shall be exempt from payment of such fees.

94-11.6.1 Special Permit Granting Authority. The city council, board of appeals, and community development board shall be the special permit granting authority (SPGA) as designated and specified in the Table of Use and Parking Regulations and other sections of this chapter and, when designated herein, shall hear and decide applications for special permits.

94-11.6.2 Criteria. Special permits shall be granted by the SPGA, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the city or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this chapter, the determination shall include consideration of each of the following:

1.

Social, economic, or community needs which are served by the proposal;

2.

Traffic flow and safety, including parking and loading;

3.

Adequacy of utilities and other public services;

4.

Compatibility with the size, scale, and design of other structures in the neighborhood;

5.

Impacts on the natural environment; and

6.

The proposal's compatibility with the purposes of the city's Comprehensive Plan.

94-11.6.3 Application. The SPGA may adopt additional rules relative to the issuance of special permits and shall file a copy with the city clerk. The rules shall prescribe a size, form, contents, style, and number of copies of plans and specifications and the procedure for submission and approval of such permits.

94-11.6.4 Referral. The city council and board of appeals shall forward any special permit application to the community development board. The community development board, shall, within 45 days, review said application and make recommendations as it deems appropriate and send copies thereof to the city council or board of appeals and to the applicant. Failure of the board to make recommendations within 45 days of receipt by said board of the application shall be deemed lack of opposition thereto.

94-11.6.5 Conditions. In granting a special permit, additional specific conditions and safeguards as are deemed necessary to ensure compliance with the intent of this chapter or to protect the neighborhood, may be attached including without limiting the generality of the foregoing:

1.

Requirement of front, side, or rear yards greater than the minimum required by this chapter.

2.

Requirement of screening of parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other devices.

3.

Modification of the exterior features or appearances of the structures.

4.

Limitation of size, number of occupants, method or time of operation, duration of use, or extent of facilities.

5.

Regulation of number, design, and location of access drives or other traffic features.

6.

Requirement of off-street parking or other special features beyond the minimum required by this chapter.

94-11.6.6 Regulations. Each SPGA may adopt rules and regulations for the administration of this section.

94-11.6.7 Fees. Each SPGA may adopt reasonable administrative fees and technical review fees for applications for special permits.

94-11.6.8 Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in M.G.L.A. c. 40A, § 17, from the grant thereof) with the city clerk.

94-11.7.1 Purpose. The purpose of this section is to provide a comprehensive review procedure for construction projects which will have significant impacts on the city, herein defined, to ensure compliance with the goals and objectives of the city, and the provisions of this chapter, to minimize adverse impacts of such development, and to promote development which is harmonious with surrounding areas; in particular to assure proper drainage, safe access, adequate parking and loading spaces, public convenience and safety and adequate consideration of abutting land owners.

94-11.7.2 Applicability. Site plan review shall be required for any major project. For the purposes of this section, the term "major project" shall mean:

1.

Residential projects containing six or more units; including conversions of existing dwellings to contain six or more units;

2.

Nonresidential projects which involve new construction of 10,000 square feet or more of floor area, or the addition of 10,000 square feet or more of gross floor area;

3.

Projects which involve a change in principal use of an existing building containing 10,000 square feet or more of floor area;

4.

Parking lots, including municipal lots, not accessory to principal uses;

5.

Drive-in eating places;

6.

Eating places other than drive in eating places with more than 5,000 square feet of floor area;

7.

Medical offices containing 10,000 square feet or more of gross floor area; and

8.

Gasoline service stations.

9.

Neighborhood and convenience retail sales.

94-11.7.3 Timing. A site plan review shall be performed for each major project prior to the filing of an application for a building permit.

94-11.7.4 Review by community development board.

1.

In the case of a major project which requires a special permit from the board of appeals or city council, the community development board shall perform a site plan review and submit its recommendations to the city council or board of appeals within 45 days of the date of filing with the community development board. Otherwise, failure to make such recommendations shall be deemed a lack of opposition thereto. In the event the public hearing is held prior to the expiration of the 45-day period, the board of appeals or city council shall continue the hearing to permit the submission of recommendations within that period. The decision of the board of appeals or city council shall contain explanatory reasons for its action if it is contrary to the recommendations of the community development board.

2.

In the case of a major project not requiring a special permit under the Table of Use Regulations and Off-Street Parking, the community development board shall serve as the site plan review authority, shall conduct a public hearing in accordance with M.G.L.A. c. 40A, § 11, and file its written decision, reached by majority vote of the board as constituted, with the city clerk within 90 days after the close of the public hearing. Failure to file a decision within said 90-day period shall constitute approval of the site plan.

94-11.7.5 Procedures. Application for site plan review shall be made to the office of community development on forms provided for that purpose, accompanied by the required fee. The community development board shall adopt specific rules governing application and fee. when the application has been received in a completed form as designated by such rules, a copy shall be forwarded to the city clerk. The stamp of this city clerk shall designate the date of filing. Copies of the application shall be distributed to those boards and departments as specified in the aforementioned rules, which shall include, but not be limited to the department of public works, the board of health, the city engineer, the conservation commission, and the Medford Historical Commission. Those designated boards shall, within 35 days, review the application and make recommendations in writing to the community development board. Failure of the designated boards to make recommendations within 35 days of receipt of the applications shall be deemed lack of opposition.

1.

In the case of major project which requires a special permit from the city council or board of appeals as identified in section 94-148, Table of Use Regulations, three copies of the above site plan review application shall be provided by the applicant and submitted to the community development board at the same time application is made to the city council or board of appeals for a special permit.

94-11.7.6 Application. The application for site plan review shall be accompanied by written statements, site plans, drawings, maps showing scale and north point, and supporting documentation as set forth below.

94-11.7.7 Site Plan. The application shall include a site plan, prepared by a registered architect, landscape architect, or professional engineer, with the following information:

1.

Scale and north point;

2.

Name and address of applicant and name of proposed project;

3.

Total land area of the site and boundaries of the site;

4.

Locus plan;

5.

Present and proposed use of the land and existing buildings, if any;

6.

Location and use of structures within 100 feet of property line;

7.

Locations, elevations, and dimensions of existing and proposed building(s) or other structures, showing setback(s) from property lines;

8.

Locations and dimensions of any easement and public or private rights-of-way, existing or proposed;

9.

Wetlands, ponds and surface water bodies, as defined under the Wetlands Protection Act, M.G.L.A. c. 131, § 40, and rules promulgated therein, 310 CMR 10.00;

10.

Existing proposed contour elevations in one foot increments;

11.

Proposed surfacing;

12.

Parking and loading areas;

13.

Driveways and access to site; and evidence of the ability of site to handle emergency vehicles;

14.

Facilities for vehicular and pedestrian circulation;

15.

Locations of existing and proposed on-site public utilities and facilities (water, sewerage, and drainage) showing size and direction of flows;

16.

Landscaping and screening, including trees, stone walls, fences and other features to be retained or removed;

17.

Outdoor lighting, including location and intensity of lighting facilities;

18.

Signs, proposed and existing;

19.

Location and significance of historic structures.

94-11.7.8 Written Statement. The application shall include a written statement with the following information:

1.

Description of the proposed uses to be located on the site, including quantity and type of residential units, if any;

2.

The total land area of the site, and the total floor area and ground coverage of each proposed building and structure;

3.

General summary of existing and proposed easements or other burdens now existing or to be placed on the property;

4.

Method for handling solid waste disposal, and for screening of disposal facilities;

5.

Estimates, including calculations, of demand for water, sewage flow requirements, and drainage facilities requirements;

6.

The applicant's evaluation of the availability of off-site public facilities, including sewer, and water;

7.

A description of any problems of drainage or topography, or a representation that, in the opinion of the applicant, there are none;

8.

Measures taken to preserve and protect natural resources;

9.

Estimated peak hour traffic volumes generated by the proposed use in relation to existing volumes and projected future conditions;

10.

An estimate of the time period required for completion of the development;

11.

Other information as may be necessary to determine compliance with the provisions of this chapter.

94-11.7.9 Waiver of Technical Compliance. The community development board may, upon written request of the applicant, waive any of the technical requirements of this section where the project involves relatively simple development plans.

94-11.7.10 Standards for Approval. The special permit granting authority or community development board shall approve a site plan if consistent with section 94-6.4, and after making the following written findings with respect to the proposed development:

1.

The provisions for vehicular loading and unloading and parking and for vehicular and pedestrian circulation on the site and into adjacent public streets and ways will not create hazards to safety, or impose a significant burden upon public facilities;

2.

The bulk, location or height of proposed buildings and structures and paved areas and the proposed uses thereof will be not detrimental to other private development in the neighborhood and will not impose undue burdens on the sewers, sanitary and storm drains, water distribution system, or similar public facilities;

3.

The provision for on-site landscaping provides adequate protection to neighboring properties from potentially detrimental features of the development;

4.

The site plan provides adequate protection of natural resources and the development will not result in soil or drainage problems;

5.

The provisions for exterior lighting will not create undue hazards to motorists traveling on adjacent public streets or damage the value and diminish the usability of adjacent properties;

6.

The proposed development will not create undue fire safety hazards by providing adequate access to the site, or to the buildings on the site, for emergency vehicles;

7.

The provisions for the handling of refuse provides for adequate protection to neighboring properties.

94-11.7.11 Decision. The community development board may approve, approve with conditions, or deny an application for site plan approval when acting as the site plan approval authority; provided, however, that any denial of an application shall be predicated only upon applicant's failure to provide necessary information. The community development board may recommend approval or approval with conditions when the board of appeals or city council is acting as the special permit granting authority. Any conditions, limitations, and safeguards necessary to assure the project meets the criteria of section 94-11.7.10 may be imposed or recommended, as the case may be. The board shall file a written decision with the city clerk within 90 days of the close of the public hearing. Failure to file a decision within said 90-day period shall constitute approval of the site plan.

94-11.7.12 Regulations. The community development board may adopt rules and regulations for the administration of this section.

94-11.7.13 Fees. The community development board may adopt reasonable administrative fees and technical review fees for applications for special permits.

94-11.7.14 Lapse. Site plan approval shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the decision (plus such time required to pursue or await the determination of an appeal referred to in M.G.L.A. c. 40A, § 17, from the grant thereof) with the city clerk.

94-11.7.15 Appeal. The decision of the community development board when acting as the site plan review authority may be appealed within 20 days of the filing of the decision with the city clerk in accordance with M.G.L.A. c. 40A, § 17 to a court of competent jurisdiction.

94-11.7.16 Modifications. If at any time before or during development, it becomes necessary or desirable to make modifications to an approved site plan for a major project, the community development board may approve such modifications provided that they do not amount to a waiver or substantial alteration of any condition or requirement of the community development board.

94-11.8.1 Purpose. The purpose of this section is to provide for site plan review of religious and educational uses and child care centers otherwise protected by M.G.L.A. c. 40A, § 3. These are uses B.3, B.4, and B.5 of the Table of Use and Parking Regulations.

94-11.8.2 Site Plan Review Required. Prior to the issuance of any building permit or certificate of occupancy, the establishment, alteration, change, extension, or reconstruction of uses B.3, B.4, or B.5, as set forth in the Table of Use and Parking Regulations, shall require site plan approval from the community development board pursuant to this section.

94-11.8.3 Scope of Site Plan Review. Under this section, site plan review shall be limited to two inquiries:

1.

Whether the use qualifies for protection under M.G.L.A. c. 40A, § 3; and, if so,

2.

What reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements, if any, should be imposed on the use.

94-11.8.4 Public Hearing. The community development board shall conduct a public hearing in accordance with M.G.L.A. c. 40A, § 11 and file its written decision, reached by majority vote of the board as constituted, with the city clerk within 90 days after the close of the public hearing. Failure to file a decision within said 90-day period shall constitute approval of the site plan.

94-11.8.5 Required Information. All applications for site plan review shall be in writing and provide a site plan as set forth in section 94-11.7.7., and the information requested below:

1.

Name and address of applicant person or entity;

2.

Name and address of property owner;

3.

Description of the proposed use and any documents necessary to establish threshold compliance with M.G.L.A. c. 40A, § 3; and

4.

Reason that relief is requested from otherwise applicable zoning requirements.

If necessary to reach a decision on the application, the community development board may request further information from the applicant consistent with M.G.L.A. c. 40A, § 3, specifying in detail the information required.

94-11.8.6 Decision. The community development board may approve, approve with conditions, or deny an application for site plan approval; provided, however, that any denial of an application shall be predicated only upon applicant's failure to provide necessary information. In making its decision, the board shall be guided exclusively by M.G.L.A. c. 40A, § 3. The board shall file a written decision with the city clerk within 90 days of the close of the public hearing. Failure to file a decision within said 90-day period shall constitute approval of the site plan.

94-11.8.7 Appeal. Any appeal of the community development board's decision under this section shall be made pursuant to M.G.L.A. c. 40A, § 17, to a court of competent jurisdiction.

94-11.9.1 Purpose. Under the FHA, it is a discriminatory practice to refuse to make "a reasonable accommodation in rules, policies, practices, or services when such accommodation may be necessary to afford [a handicapped] person equal opportunity to use and enjoy a dwelling" 42 U.S.C. Section 3604(f)(3)(B). The same standard applies under the ADA, which also addresses nonresidential facilities providing services to persons with disabilities. 42 U.S.C. Section 12112(b)(5). See also M.G.L.A. c. 40A, § 3. The purpose of this section is to facilitate housing and/or services for persons with disabilities and to comply fully with the spirit and the letter of the FHA and, where applicable, the ADA.

94-11.9.2 Request. Any person eligible under the FHA or any provider of housing to persons eligible under the FHA, or any person eligible to operate a nonresidential facility providing services to persons eligible under the ADA, may request a reasonable accommodation as provided by the Fair Housing Act and/or the ADA. A request for a reasonable accommodation does not affect a person's or provider's obligations to act in compliance with other applicable laws and regulations not at issue in the requested accommodation.

94-11.9.3 board of appeals. All requests for reasonable accommodation under the FHA and/or the ADA shall be submitted to the board of appeals.

94-11.9.4 Information. All requests for reasonable accommodation shall be in writing and provide, at a minimum, the following information:

1.

Name and address of person(s) or entity requesting accommodation;

2.

Name and address of property owner;

3.

Name and address of dwelling or facility at which accommodation is requested;

4.

Description of the requested accommodation and specific regulation or regulations for which accommodation is sought;

5.

Reason that the requested accommodation may be necessary for the person or persons with disabilities to use and enjoy the premises; and

6.

If the requested accommodation relates to the number of persons allowed to occupy a dwelling, the anticipated number of residents, including facility staff (if any).

7.

If necessary to reach a decision on the request for reasonable accommodation, the board of appeals may request further information from the applicant consistent with the FHA and/or ADA, specifying in detail the information required.

94-11.9.5 Procedures. The board of appeals shall hold a public hearing using the procedures, including notice, set forth in M.G.L.A. c. 40A, §§ 11 and 15. The deadlines imposed in M.G.L.A. c. 40A, § 11 or § 15 may be extended upon the request of the applicant and the approval of the board of appeals. The board of appeals may seek information from other city agencies in assessing the impact of the requested accommodation on the rules, policies, and procedures of the city. Upon written notice to the board of appeals, an applicant for a reasonable accommodation may withdraw the request without prejudice. The board of appeals shall consider the following criteria when deciding whether a request for accommodation is reasonable:

1.

Whether the requested accommodation would require a fundamental alteration of a legitimate city policy; and

2.

Administrative burdens on the city government.

94-11.9.6 Decision. After conducting an appropriate inquiry into the request for reasonable accommodation, the board of appeals may:

1.

Grant the request;

2.

Grant the request subject to specified conditions; or

3.

Deny the request;

The board of appeals shall issue a written final decision on the request in accordance with M.G.L.A. c. 40A, § 15. If the board of appeals fails to render its decision on a request for Reasonable Accommodation within the time allotted by M.G.L.A. c. 40A, § 15, the request shall be deemed granted. The decision of the board of appeals shall be filed with the city clerk and sent to the applicant by certified mail.

94-11.9.7 Appeal. The decision of the board of appeals pursuant to this section may be appealed to a court of competent jurisdiction in accordance with M.G.L.A. c. 40A, § 17 or otherwise.

94-11.9.8 File. The board of appeals shall maintain a file of all requests for reasonable accommodation under the FHA and/or the ADA and a file of all decisions made on such requests. The file(s) may be reviewed in the office of the board of appeals upon request during regular business hours.

94-11.9.9 Other Laws. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the premises that is the subject of the request shall remain in full force and effect.

94-11.9.10 Effective Date. The provisions of this section shall apply only to requests for reasonable accommodation made after date of enactment. Any person who has previously submitted a request for reasonable accommodation may resubmit the request for processing pursuant to the procedures set forth in this section.

94-11.10.1 Repetitive Petition. No appeal, application or petition which has been unfavorably and finally acted upon by the board of appeals or the city council shall be acted favorably upon within two years after the date of final unfavorable action unless said board of appeals, by a unanimous vote, or said city council, by a two-thirds vote, finds specific and material changes in the conditions upon which the previous unfavorable action was based and describes such changes in the record of its proceedings, and unless all but one of the members of the community development board consents thereto and after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered.

94-11.10.2 Withdrawal. Any petition for a variance or application for a special permit which has been transmitted to the city council or board of appeals may be withdrawn without prejudice by the petitioner prior to the publication of the notice of a public hearing thereon, but thereafter be withdrawn without prejudice only with the approval of the city council or board of appeals.