The Board of Appeals shall consist of three members and two associate members who shall be appointed by the Board of Selectmen in accordance with Chapter 40A of the General Laws for staggered three-year terms. The Board of Appeals shall elect annually a Chairman and shall adopt rules and regulations, which shall be filed in the office of the Town Clerk and shall be a public record.

The rules and regulations shall prescribe the procedures and rules for the conduct of Board of Appeals' business and shall conform to the provisions of Chapter 40A of the General Laws, as amended.

The Board of Appeals shall have the authority to grant upon appeal or upon petition, where a use not requiring a permit is sought, with respect to a particular parcel of land or existing building, a variance from the requirements of this bylaw where, owing to a special condition affecting specifically such parcel or building but not generally the zoning district in which it is located, a literal enforcement of the bylaw would involve substantial hardship, financial or otherwise, to the appellant and where desirable relief may be granted without substantially derogating from the intent and purpose of the bylaw, but not otherwise. Permits may be granted for variances including those for side yard, setback and frontage dimensions as well as lot size. Petitions for a variance must be filed with the Town Clerk, who will transmit them to the Zoning Board of Appeals.

There shall be no use variances. Anyone desiring a change in use designation must apply for a zoning change.

The Board of Appeals may impose limitations of time and use and condition continued use upon compliance with regulations to be made and amended from time to time thereafter.

No special permit or variance shall be granted nor any other decision made by the Board of Appeals on any petition, application or appeal, except after the publication, twice, of a public hearing notice, the first being not less than 14 days prior to the hearing, with copies to the Planning Board and other parties affected and as required by law, and after a public hearing. The hearing shall be held within 65 days from receipt of notice by the Board of such appeal, application or petition. Decisions of the Board of Appeals shall be made by vote in an open meeting within 100 days of the filing date of appeal, application or petition, shall be recorded in the office of the Town Clerk and the Planning Board together with the reasons for such decisions within 14 days, and a notice of the decision shall also be issued to the owner of the land affected and to other parties in interest and to attendees at the public hearing who have requested such notices, and recorded in the Registry of Deeds. The responsibility for recording in the Registry of Deeds is with the applicant or petitioner, and fees and all other reasonable fees and costs shall be borne by the applicant or petitioner. The required time limits may be extended by written agreement between the applicant and the Board of Appeals. A copy of such agreement shall be filed in the office of the Town Clerk. The variance is effective when the applicant or petitioner files the decision with the Registry of Deeds.

In cases where the Board of Appeals is specified as the special permit granting authority, public hearing and time limits shall follow that specified in § 175-10.9. In all other cases, the Planning Board shall be the special permit granting authority.

The Planning Board shall be the special permit granting authority. Applications for special permits must be filed with the Planning Board, which will submit the application to the Board of Selectmen, Conservation Commission, Board of Appeals and other interested parties for review. They in turn must report to the Planning Board within 35 days or deem no opposition. Within 65 days of the date the application was filed, the Planning Board shall hold a duly advertised public hearing, the first advertisement being no less than 14 days from the date of the hearing. The special permit decision of the Planning Board must be filed with the Town Clerk and notice of the decision sent to parties in interest within 90 days of the hearing date. A special permit elapses if not exercised within two years from the date of the decision, including time for determination of any appeal.

Variances and special permits are not granted as a matter of right but are privileges which may be granted as appropriate in specific circumstances which are in keeping with the intent of the Zoning Bylaw and subject to general or specific rules contained herein. As a condition of granting a permit or special permit, the granting authority shall find that the petitioned-for exception is socially and economically desirable, and that it would satisfy an existing need, that the advantages of the proposal outweigh by far any detrimental effects, and that such effects on the neighborhood and environment shall not be significantly greater than could be expected from development if the permit or special permit were denied, that the applicant has no reasonable alternative available to accomplish his purpose, and that specific conditions to minimize detrimental effects and protect the neighborhood have been imposed and, if necessary, secured by bond or otherwise. In addition, the specific conditions of the applicable section of the bylaw must be met.

Persons aggrieved by a decision of the Board of Appeals may appeal such decision to the Bristol County Superior Court within 20 days of the filing of such decision with the Town Clerk as provided in MGL c. 40A, § 17, as amended.

Rights authorized by variance must be exercised within one year of the date of the grant. The Zoning Board of Appeals, in its discretion and upon written application of the grantee of such rights, may extend the time for exercise of such rights for a period not to exceed six months; provided, further, that the application for such extension is filed with the Zoning Board of Appeals prior to the expiration of such one-year period.