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Home My WebLink AboutPROCEDURAL RULES FOR CHAP 774 ETC MUM M11 TOWN OF NORTH ANDOVER MASSACHUSETTS i F: AvaIL 130 y; lbb5_yy H November 7, 1972 To: Chairman, North Andover Board of Appeals. The provisions of Chapter 774 of the Acts of 1969 of the Legislature and the now North Andover Zoning By-Law place additional responsibilities upon your beard. Studies by our board, in conjunction with the preparation of our Comprehensive Plan and the Zoning By-Law, have made us familiar with these two documents. In an effort to assist your board in discharging these new responsibilities, we call your attention to specific sections of beth the Comprehensive Plant and the Zoning BT-Law. Exhibits B, C and D; on pages A-24, A-259 A-26 and A-27 of the Technical Appendix of the Comprehensive Plan deal extensively with Chapter 774• Here you will find a brief summary of the law, general guidelines for development, and recommended procedural rules for your board. The adoption of these or similar guidelines and procedural rules by your board would place North Andover in a firm legal position in consideration of any appli- cation under this provision. The fact that these are the result of major study and are part of the overall development plan for the town, consider- ing all pertinent aspects, should allay any contention that they are arbitrary or capricious. Section 4.122; (14); B of the Zoning By-Law provides for your board to prescribe an application form for residential converaion permits. You may wish to adopt such a form. In considering applications under Section 4.122; (14), we urge you to require conformance with the regulations therein set forth. Section 9.31 sets forth the conditions for approval of any Special Permit. The existence in the Zoning By-Law and reference to such conditions in decisions rendered by Appeals Boards has had major influence in many past court cases. In drafting and considering the Zoning By-Law, much consideration was given to the allowed uses in each zoning district. The express prohibition of other buildings and uses cited in Section 4.11; (1) was deliberately in- serted after long consideration and serious deliberation. We, therefore, urge your board to interpret strictly the provisions of Section 9.5 its con- sidering variances from the Bq-law, particularly as to buildings and uses. We would hope that the granting of any such variance would clearly show the "conditions especially affecting a parcel of land or a building but not s Board of Appeals -2- affecting &amorally the zoning district in which it is located" is addition to the hardship requirement. It was the intent and purpose of our board in drafting this Bye-law to dear any buildings and uses not specifically men- tioned. We trust the above comments and suggestions will be taken in the cooperative spirit they are offered, and stand ready to cooperate With your board in any Way possible in the implementation of our joint responsibilities. Yours truly, PLAMIBG BOARD d Charles W. Trombly, Jr., Chairman DBK:ad �p � N i 1�� rn�� 1�� `, aw�� '�G� �� .�'"r �,/ ��ri" '''',J 1''�� F . �,.,.,,•,�,v�y 9 � �� s 1 ,�►�u M � `V a. y.. LebS o APOIAM Zti Al TOWN OF NORTH ANDOVER ' MASSACHUSETTS BOARD OF APPEALS May 29 1973 John T. Lyons, Town r.lerk Town Office Tlnildina North Andover, Maes. Dear Sir: At a ment.in7 held on April 9, '19739 the following members of the Board of ApppAls were nr4sent and voting: J. Philip Arsenault, Esq., Chairman; Dr. A. liveau, Clerk; Arthur R. Drummond, Frank Serio, Jr., T�1,;rpri�a pe Wil-14 ,-,Tr N. Sglemme and Associate Member Alfred E. Frizelle, Esq. ' n+' ►"r. Dr>>mmond, seconded by Dr. Beliveau, it was imani– mmi,1y 7rot.p ! that. the 'pard of Appeals adopt the followin7 procedural to ^etiti-ons for relief of locAl laws for subsidize,i housin? limier Char,-' 7171, or other means. R,,m of ei-h} (R) r-omplete sets of development plans shall bA ad to +rp l?oRrd of Appeals at the time of application. r J €We?opasOrt. clans shall be of such clarity and completeness as to ^yribP the ori+pct; and include both drawings and explanatory material . # ,�G Foalows: a Cite eta (or plans) conforming to good desijstAndardc showin? .,ovi -Aiorc for open space, parking, exterior recreation areas, �rrpenine, landsexpina, topographic changes, drainage and site til ties (sewer, water, gas, electricity, etc.) , indicating .!-^-nsions, locations, materials and types of construction., r. Fl^lr .-inns of .ach buil.di.ng, building elevations, soil borin-s an-4 7,—lnnic4l_ »cnrpmer..t plans. h�i?f descvi7,tion of t ,p project. «f czro^ifications indicating the type of conRtr!-t-ion i n +rawim,,s of wall sections of buildings (an o>i:line not acceptable) _2 e• a?1 „thy .^,ha).l nPar the certificate of a registered engineer or frnm the appropriate federal or state agency for the i r n +.cantina suhsldv nrouram, if applicable. Goner-ii Pry^aat)rpc inn Timing lsnder Chapter 774 The qn,r,? al n_' >P ,15 m„st- hold a hearing within 30 days of receipt of an . --m,-rehAnsive permit. Within 40 days of the termination of th- 11-:4rir -k +he Pr^ard must render a decision unless an extension of P this +,, ya F-s bApn upon with the applicant. The Rnard of shall, upon receipt of an application, distribute the devp)opmAnt, nlans, +n�pt:her with copies of the hearing notice, to the s follnari.ng 1^,.� offinials: Roar' of Set er.tmen P].gnninr, Qnar*i 9-111in,r Tnsppctnr •,»t,printPn,ient..of. Public Works � of kPalth Fico D .nartment Fol.if P Department ��ewx-vo-, Written rpcommendO ions aha11 be submitted by the above agencies to the 'bard of A;s,?rals wi+hi❑ days of the receipt of the above plans and anplic-tion. Tho Rnard of Appeals may Trish to consult other departments that *ore Apa"A-i nPrPgssr ., such as the Highway Department and Conservation' Commission, ; i rhp Tioard of AnrPgls shall notify the, abutters to the proposed development and pnhlish hP2r4nv -notices in a local newspaper, as nrovi.ded for in General Taws, P;hgpter ,.r,A, Section 17, § Tho --r?-vision of t,tip anard of Appeals must be by a majority vote wind may ba 4 Arpealp� +^ t.h- cr,,rt!k ir. accordance with General Laws, Chapter 40A, Section 21 • Thp f-4i l,!rP of t h,d Board of appeals to act within the reglsired time will j he deemp , +- ti,.a a^ q^nrnr,al of the application. ThP Ronr(i of aroo-a'.s tea; inspect the construction of ar approved gnbsidizee? cpm^Bance with permit conditions and 'specifinatinnq and '•1a'i '4p?e°"?te sl'�h ?nCnpntion to other town auencies ard departments. The f-iil-lrn +,^ ^htaln fln,l inrroval or funds under the subsidy program or the f 3” `.Ire +n �nm-+.l.• r;t.h t,hg cnndi+ions of approval shall censti t++te a °nr +.ho revnfn"n^ of +.he nPrmi-t. i Very trs,ly yours, ROAF.D OF APPF.AI:S Dr. Fu;rene A. Aeliveau, Clerk An December us 1972 Planning Board Tuxn Office North ArAOvsr# Mese. Gentlemmas This Board is i8 renipt of yaw letter o November 7th relative to the parovialcm of Chapter 774 and the added respooaibilities utuier the am wee Dym Lax. We would be pleased to have .a member of your Hoard attend-ow next meetSng# if possible# to fully explain the contents of your letter* very truly BDW OF APPB" d. Philip Arsenaulte Uq. Chairman AD PROCEDURAL REMMATIOIYS It is recommended that the following procedural rules be adopted by the Board of Appeals relative to. petitions for relief of local laws for subsidized housing under Chapter 774 or other means: 1. A minimum of eight (8) complete sets of development plans should be submitted to the Board of Appeals at the time of application. 2. The development plans should be of such clarity and completeness as to describe the project; and include both drawings and explanatory material as follows: a. A site plan (or plans) conforming to good design standards showing provisions for open space, parking# exterior recreation areas, screening# landscaping, topographic changes# drainage and site utilities (sewer, water, gas, electricity, etc.), indicating dimensions, locations, materials and types of construction. b. Floor plans of each building, building elevations, soil borings and mechanical equipment plans. c. A brief description of the project. d. An outline of specifications indicating the type of construction including drawings of wall sections of buildings (an outline sketch will not be acceptable). e. All plans should bear the certificate of a registered engineer or architect. f. A commitment from the appropriate federal or state agency for the construction subsidy program, if applicable. General Procedures and Timing if under Chapter 774 The procedures for filing for local approval under Chapter 774, which include the holding of mandatory public hearings, the time periods allowed for de— cisions, and review by the courts, are fully specified in the law. Briefly, the Board of Appeals must hold a hearing within 30 days of receipt of an application for a comprehensive permit. Within 40 days of the termination of the hearing the Board must render a decision unless an extension of this time has been agreed upon with the applicant The Board of Appeals should, upon receipt of an applications distribute the development plans together with copies of the hearing notice to the following local officials: Board of Selectmen Planning Board Building Inspector Superintendent of Public works Board of Health Fire Department Police Department Written recommendations should be submitted by the above agencies to the Board of Appeals within 30 days of the receipt of the above plans and application. The Board of Appeals may also wish to consult other depart- ments that are deemed necessary, such as the Fire and Police Departments. The Board of Appeals must also notify the abutters to the proposed develop- ment and publish hearing notices in a local newspaper, as provided for in General Laws, Chapter 40A, Section 17. The decision of the Board of Appeals must be by a majority vote and may be appealed to courts in accordance with General Laws, Chapter 40A, Section 21. The failure of the Board of Appeals to act within the required time will be deemed to be an approval of the application. The Board of Appeals may inspect the construction of an approved subsidized development to ensure compliance with permit conditions and sPecifications and may delegate such inspection to other town agencies and departments. The failure to obtain final approval or funds under the subsidy program or the failure to comply with the conditions of approval shall constitute a cause for the revocation of the permit. SII