Weymouth City Zoning Code
ARTICLE XXIV
Board of Zoning Appeals
§ 120-118 Establishment; membership.
A.
In accordance with the provisions of Chapter 40A of the General Laws, a Board of Zoning Appeals shall be appointed by the Mayor subject to review by the Town Council as per Section 2-10 of the Weymouth Town Charter. All members shall be citizens of the Town of Weymouth. The Board of Zoning Appeals shall consist of five regular voting members and four associate members. Elected officials of the Town may not be appointed to the Board. The Mayor shall appoint a Board of individuals with a balanced mix of professional experience or educational background in the following fields: architecture, civil/structural engineering, law, building/construction, real estate development, business or environment. Two members shall be citizens at large. Any vacancy in the Board shall be filled by an appointment made by the Mayor for the remainder of the term. In the case of an unfilled vacancy or inability to participate on the part of a member of the Board, the Chairman shall designate one of the associate members to take the place of such member.
B.
Appointments will initially be made on March 20, 2000, and expire on March 19 of every year. Appointments and/or reappointments will continue in two-year terms.
C.
The Board of Zoning Appeals, in accordance with the provisions of MGL c. 40A, § 12, will elect a Chairman and a Clerk at the first meeting to take place after March 20 of every year.
§ 120-119 Powers.
A.
The Board of Zoning Appeals shall have the following powers:
(1)
To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from the Inspector of Buildings, by the Metropolitan Area Planning Council or by any person, including an officer or board of the Town of Weymouth, or of an abutting city or town aggrieved by an order or decision of the Inspector of Buildings in violation of any provision of Chapter 40A of the General Laws or of this bylaw.
(2)
To hear and decide applications for special permits under which the Board is empowered to act under this bylaw, as subject to the provisions of Article XXV of this bylaw.
(3)
To hear and decide, upon appeal or petition, requests for variances after public hearing for which notice has been given by publication and posting as provided in MGL c. 40A, § 11, and by mailing to all parties in interest. Variances from the term of this bylaw with respect to particular land or structures shall be granted only when the Board of Zoning Appeals specifically finds that, owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this bylaw would involve substantial hardship, financial or otherwise, to the petitioner or applicant, or 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. No variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located; provided, however, that such variances properly granted prior to January 1, 1976, but limited in time, may be extended on the same terms and conditions there were in effect for such variance upon said effective date.
B.
The Board of Zoning Appeals may impose conditions, safeguards and limitations, both of time and of use, including the continued existence of any particular structures, but excluding any condition, safeguards or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner.
C.
If the rights authorized by a variance are not exercised within one year of the date of grant of such variance, they shall lapse and may be reestablished only after notice and a new hearing pursuant to this article.
§ 120-120 Procedure.
A.
The Board of Zoning Appeals shall act on all matters within its jurisdiction under this bylaw in the manner described in Chapter 40A of the General Laws and subject always to the rule that it shall give due consideration to promoting the public health, safety, convenience and welfare and to conserving property values, that it shall permit no building or use injurious, noxious, offensive or detrimental to a neighborhood and that it shall prescribe appropriate conditions and safeguards in each case.
B.
Any application for a hearing before the Board of Zoning Appeals under this bylaw shall be accompanied by a filing fee in accordance with the fee schedule established under the rules and regulations of the Board of Zoning Appeals and as approved by the Board of Selectmen.
[Amended May 1979 ATM by Art. 55, approved 8-21-1979]
C.
In the case of every appeal made to said Board and every application for a special permit or variance made to it under the provisions of this bylaw, the Board of Zoning Appeals shall fix a reasonable time for and shall hold a public hearing thereon in accordance with the provisions of Chapter 40A of the General Laws. A decision of the Board must be made within 75 days after filing the appeal, application or petition, except with respect to special permits, in which case the time period is 90 days from the date of the public hearing. Failure of the Board to act within the time periods results in the constructive granting of the petition.
§ 120-121 Repetitive petitions.
[Amended May 1989 ATM by Art. 52, approved 7-28-1989]
If an appeal for a special permit for exception or variance is unfavorably decided by the Board, no appeal shall be considered for the same interpretation within two years after the date of such unfavorable decision, except with the consent of six members of the Planning Board.