ZONING
BOARD OF APPEALS
DOUGLAS, MA 01516
RULES AND REGULATIONS
SECTION I
The following are the Rules and Regulations adopted by the
Douglas Zoning Board of Appeals under the authority of and in compliance with the
General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 12.
SECTION II
It is hereby intended that the
Zoning Bylaws of the Town of Douglas shall govern in all respects these Rules
and Regulations. If there should be any conflict between the provisions of
these Rules and Regulations and the Zoning Bylaws of the Town of Douglas, then
those provisions of the Zoning bylaws shall govern. If there is any conflict
between these Rules and Regulations and the General Laws of the Commonwealth of
Massachusetts pertaining to zoning, then the Laws of the Commonwealth of
Massachusetts shall govern in all such cases.
SECTION III
- All applications to the Board must be first filed
with the Town Clerk and shall contain the following:
1.
Application form (8 copies).
2.
Detailed plans, 8 1/2 X 11" minimum, showing the
dimensions of the lot in question and the locus of existing buildings and
proposed structures, driveways, wells, roads, and septic systems, in existence
or to be used, and the location of each Party-in-Interest, giving the names of
the same (8 copies).
3.
A complete listing of Parties-in- Interest, being owners of
land within 300 feet of the property line, including those on opposite sides of
public or private streets or ways. This listing must give complete names and
mailing addresses (8 copies).
4.
The established filing fee.
- Upon receiving from the Town Clerk, properly stamped
and dated, the Board's copies of the above referred to applications, etc.,
the Chairman of the Board or his delegate will take the following action:
1.
Set a reasonable time and place for the Public Hearing.
2.
Instruct the Secretary of the Board to notify, by mail, the
applicant, the Parties-in- Interest, and any others deemed by the Board to be
affected, of the time and place for the Hearing, and to publicize the same.
3.
Publish notice of the scheduled Hearing for a minimum of two
consecutive weeks in a local newspaper and post the same information in the
Douglas Municipal Center and the Douglas Post Office.
- Any appeal to the Board must be made within 30 days
of the date of refusal of a Permit by, or the date of the order, ruling
decision or determination of, the Building Inspector or other
administrative official.
- The Board shall hold a Hearing on any application or
appeal transmitted to it by the Town Clerk within 65 days of the
transmittal to the Board of such application or appeal.
- The decision of the Board shall be made within 100
days after the date of the filing of the
application for an appeal, or for a variance, or, in the case of a
Special Permit, within 90 days following the Public Hearing.
- The Board shall set all filing fees to be paid by the
applicants, and shall, from time to time, review and revise these fees.
- The Board shall not rehear any denied application
within two years of such denial unless the applicant obtains permission
from the Planning Board and the Board of Appeals,
showing new evidence that substantially alters the conditions of the application.
All but one of the members of the Planning Board must agree that this
condition has been met.
- The Chairman of the Board or his delegate shall
conduct the order of all Hearings and shall have the right to limit any
speaker before the Board to a period of ten minutes time.
- The Board reserves the right to visit the site in
question and to ask any applicant to submit additional documentary
evidence and additional and revised plans in order for a determination to
be made of a given application.
- The Board reserves the right to revoke any Variance
or Special Permit granted by it for incomplete and/or erroneous
information provided by the applicant or for failure to meet the
conditions set forth in the Variance or Special Permit.
- An application may be withdrawn by notice in writing
to the Board at any time prior to the Hearing by the Board. After an
advertisement, withdrawal is allowed only by Board approval. In any case,
the filing fee shall not be refunded.
- The Board shall follow all application provisions as
set forth by Chapter 40A of the General Laws of the Commonwealth of
Massachusetts and of the Zoning Bylaws of the Town of Douglas.
- The Board may, from time to time, amend the
provisions contained herein, and shall file a written copy of those
amendments with the Town Clerk.
SECTION IV
In the case of a Variance, the
following points, based on the General Laws, Chapter 40A, Section 10, shall be
clearly identified and factually supported.
- The particular use proposed for the land or
building(s).
- The conditions especially affecting the property for
which a Variance is sought which do not affect generally the zoning
district in which it is located.
- Facts which make up the substantial hardship,
financial or otherwise, which result from literal enforcement of the
applicable zoning restrictions with respect to the land or building(s) for
which a Variance is sought.
- Facts relied upon to support a finding that the
relief sought will be desirable and without substantial detriment to the
public good.
- Facts relied upon to support a finding that the
relief sought may be given without nullifying or substantially derogating
from the intent or purpose of the Zoning Bylaw. 6. Facts clearly and
unambiguously showing that the substantial hardship relates to the
premises themselves, and not to any personal hardship, financial or
otherwise, or deprivation of potential advantage to the applicant.
SECTION V
A.
The filing fee shall be $125.00 for all applications and
appeals.
B.
Standard forms for use by the applicant are available from the
Town Clerk.
C.
The BLACKSTONE VALLEY TRIBUNE will be the local newspaper in
which notices for scheduled Public Hearings are published.