Town Of Boston City Zoning Code
ARTICLE XXXIV
Supplemental Regulations Relating to Public Hearings
§ 123-179 Supplemental hearing notices.
A.
In addition to any other notice required by this Article, the Town Clerk shall notify the following owners of real property of any required public hearing for a special use permit or amendment to the Zoning Map:
(1)
In the case of an application made by a tenant, optionee or contract vendee; or in the case of a Zoning Map amendment made upon motion of the Town Board, the owner of the property which is the subject of the public hearing as shown on records in the Town Assessor's Office; and
(2)
Notification pursuant to the procedures set forth in one of the following subsections that provides notice to be given to the greater number of owners of real property.
(a)
The owners of real property immediately adjacent to the land which is the subject of a public hearing extending 400 feet therefrom and directly opposite thereto, and further extending 400 feet from the street frontage of such opposite land; or
(b)
The owners of the following who are not the applicant, owner, optionee, contract vendee or a representative thereof:
[1]
The two lots nearest to the lot which is the subject of the public hearing on each side along each entire side lot line.
[2]
The owner or owners of the lot or lots nearest to the rear along the entire rear lot line of the property which is the subject of the public hearing.
[3]
The owner or owners of the lot or lots adjacent to those lots nearest to the rear lot line on each side thereof.
[4]
The owner or owners of the lot or lots opposite or most nearly opposite the property which is the subject of the public hearing.
[5]
The owner or owners of the two lots adjacent to the lot or lots opposite the property which is the subject of the public hearing along the street frontage of such opposite land.
B.
Notices sent pursuant to this section shall be mailed via First Class United States Mail at least five days prior to the public hearing to the owners of property entitled thereto as shown in the records of the Town Assessor.
C.
Any alleged failure of the Town Clerk to provide notification required pursuant to this section shall not constitute grounds to nullify any action of the Town Board, provided that there has been a good-faith effort by the Town Clerk to identify the owners of real property entitled to notice under this section, that there has been substantial compliance with the provisions of this section and that all other notice provisions required by law have been complied with.
§ 123-180 Supplemental notice for applications to amend Zoning Map.
A.
At least 10 days before the first public hearing held by the Town Board on an application or motion to amend the Zoning Map, subject to this section, the Town shall cause a six-foot-square sign to be erected on the affected property, facing the nearest street, at a distance of no more than 10 feet from the front line, bearing the following words: "Commercial Zoning Application Pending," together with the telephone number of the Town of Boston to be used for additional information. The sign shall remain posted during the pendency of the application to the conclusion thereof by vote of the Town Board or, as the case may be, by any earlier termination of the proposal.
B.
Notice given pursuant to this section shall apply only to applications or motions wherein the affected property would be zoned R-C, C-1, C-2, M-1 or M-2 by an affirmative vote of the Town Board on the application and/or motion pending.
C.
Any alleged failure of the Town of Boston to provide notification pursuant to this section shall not constitute grounds to nullify any action of the Town Board, provided that there has been a good-faith effort by the Town of Boston to comply with the provisions thereof, and further provided that there has been substantial compliance with the provisions of this section and that all other notice provisions required by law have been complied with.