A Board of Appeals shall be established in accordance with the provisions of Section 12 of Chapter 40A of the Massachusetts General Laws.

The Board of Appeals shall consist of five (5) members and three (3) associate members, all appointed by the Board of Selectmen. Members and associate members shall be registered voters in the Town. (amended 10/22/2018)

Members shall be appointed for two (2) year terms as of April 1 of each year. Associate members shall be appointed for one (1) year terms. (amended 10/21/2019)

Where provided in Section VI, Subsection H and K and Sections VII, Subsections F and J, of this Bylaw, the Planning Board shall act as the Special Permit Granting Authority in accordance with the provisions of Massachusetts General Laws, Chapter 40A, Section 9.

The Planning Board, when acting as the Special Permit Granting authority, shall have one (1) Associate Member. The Associate Member shall be appointed by the Town Manager for a period of one (1) year and shall act in the case of absence, an inability to act, or conflict of interest on the part of any member of the Planning Board or in the event of a vacancy on the Board.

1.

An appeal to the Board of Appeals may be 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 Chapter 40A of the Massachusetts General Laws, or of this Bylaw or amendments thereto, by the Central Massachusetts Regional Planning Commission or by any person, including an officer or board of the Town of Shrewsbury, or of an abutting city or town, aggrieved by an order or decision of the Building Inspector, or other administrative official, in violation of any provision of Massachusetts General Laws, Chapter 40A, or of this Bylaw or amendments thereto.

2.

An appeal to the Board of Appeals for a variance as provided for in Massachusetts General Laws, Chapter 40A, Section 10, may be made by any person, including an officer or board of the Town of Shrewsbury, or an officer or board of any other city or town.

3.

An appeal or a petition to the Board of Appeals/Special Permit Granting Authority for a Special Permit as provided for in Massachusetts General Laws, Chapter 40A, Section 9, may be made by any person, including an officer or board of the Town of Shrewsbury, or an officer or board of any other city or town.

1.

Board of Appeals: To hear and decide appeals taken as provided in Massachusetts General Laws, Chapter 40A, Section 8.

2.

Board of Appeals: To hear and decide appeals or petitions for variances as provided in Section 10 of Chapter 40A of the Massachusetts General Laws. Variance may be granted which would authorize a use or activity in the district in which the land or structure is located which is not otherwise permitted by this Bylaw.

3.

Board of Appeals: To hear and decide applications for special permits as provided in Massachusetts General Laws, Chapter 40A, Section 9.

In exercising the powers granted by Section 14 of Chapter 40A, the Board of Appeals may impose limitations both of time and use, and a continuation of the use permitted may be conditioned upon compliance with regulations to be made and amended from time to time thereafter. The Board may also make orders or decisions, reverse or affirm in whole or in part, or modify any order or decision, 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.

4.

Special Permit Granting Authority: To hear and decide applications for special permits as provided in Massachusetts General Laws, Chapter 40A, Section 9.

An appeal under Section 8 of Chapter 40A of the Massachusetts General Laws shall be taken within thirty (30) days from the date of the order or decision which is being appealed, by filing a Form of Appeal, specifying the grounds thereof, with the Town Clerk, who shall forthwith transmit copies thereof to such officer or board whose order or decision is being appealed, and to the members of the Board of Appeals. Such officer or board shall forthwith transmit to the Board of Appeals all documents and papers constituting the record of the case in which appeal is taken.

Any appeal or petition for a variance or special permit shall be made by filing with the Town Clerk a Form of Appeal. Upon such submission, the Town Clerk shall submit copies thereof forthwith to the Board of Appeals or the Special Permit Granting Authority, as applicable.

The Board of Appeals/Special Permit Granting Authority may grant upon appeal or petition a Special Permit for those uses as specified in this Bylaw upon satisfaction that said use is appropriate and that it will not create a nuisance by virtue of noise, odor, smoke, vibration, traffic generated, unsightliness or other conditions detrimental to the public good.

The rights authorized by the granting of a special permit in accordance with the provisions of this section shall terminate if the use or, in the case of a building or structure, construction has not commenced except for good cause, within two years from the date of such granting exclusive of such time required to pursue or await the determination of an appeal referred to in Massachusetts General Laws, Chapter 40A, Section 17.

In the case of a Special Permit granted for a professional office or customary home occupation, such permit shall terminate with the change in ownership of the property for which the Special Permit was issued.

The provisions of this section shall terminate upon abandonment of such use or if such use is discontinued for a period of two (2) years.

Meetings of the Board of Appeals/Special Permit Granting Authority shall be held at the call of the chairman or when called on such other manner as the Board of Appeals/Special Permit Granting Authority shall determine in its rules. The Board of Appeals/Special Permit Granting Authority shall hold a public hearing on any appeal, application or petition transmitted to it from the office of the Town Clerk in accordance with the provisions of Massachusetts General Laws, Chapter 40A, Sections 9 and 15.

The Board of Appeals/Special Permit Granting Authority shall cause notice of such hearing to be published and sent to "parties in interest" as designated in Massachusetts General Laws, Chapter 40A, Section 11. The Chairman, or in his absence the Acting Chairman, may administer oaths, summon witnesses, and call for the production of papers.

All hearings of the Board of Appeals/Special Permit Granting Authority shall be open to the public and shall be conducted in accordance with the applicable provisions of Massachusetts General Laws, Chapter 40A, Sections 9, 11 and 15.