West Stockbridge City Zoning Code

Appeals. The Board is authorized to hear and decide an appeal, as provided in MGL c. 40A, § 8, taken by any person aggrieved by reason of his (her) inability to obtain a permit or enforcement action from any administrative officer under the provision of MGL c. 40A, by the Berkshire County Regional Planning Commission, or by any person, including an officer or board of the Town of West Stockbridge, or of an abutting town, aggrieved by an order or decision of the Building Commissioner, or other administrative official, in violation of any provision of MGL c. 40A or of this bylaw. Any such appeal must be taken within 30 days from the date of the order or decision which is being appealed, by filing a notice of appeal with the Town Clerk, as provided in MGL c. 40A, § 15.

Variances. The Board may authorize, upon appeal or upon petition with respect to a particular land or structure, a variance from the terms of this bylaw where the Board specifically finds that, owing to circumstances related to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structure but not affecting generally the zoning district in which it is located, 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 detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this bylaw.

Required public hearing. The Board of Appeals shall hold a hearing on any appeal, application or petition transmitted to it by the Town Clerk within 65 days from the date of transmittal after having published, posted and sent a notice of such hearing to parties in interest as provided in MGL c. 40A, § 11, and after having notified the Town's Planning Board and the planning boards of adjacent cities and towns, which may forward recommendations with respect to said matter for consideration of the Board of Appeals as provided in MGL c. 40A, § 15.

Review by other boards and agencies. The Board of Appeals shall, within 10 days after receipt of an appeal, application or permit, transmit a copy thereof for review to the Board of Health, the Planning Board, the Select Board, and the Conservation Commission and any other Town agency at the discretion of the Board of Appeals. Any board or agency to which such matters are referred for review shall make such recommendations as it deems appropriate in writing to the Board of Appeals; provided, however, that failure to make recommendations within 35 days of receipt by such board or agency of the matter for review shall be deemed lack of opposition thereto.