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HomeMy WebLinkAbout1973-04-09TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS May 2, 1973 John J. Lyons, Town Clerk Town OfficeBuilding North Andover, Mass. Dear Sir: At a meeting held on April 9, 1973, t~m following mombers of the Board of Appeals were present and voting: J. Philip Arsenault, Esq., Chairman; Dr. ~]gene A. Beliveau, Clerks Arthur R. Drummond, Frank Serio, Jr., William N. Salemme and Associate Member Alfred E. Frizelle, Esq. Upon motion of Mr. Drummond, seconded by Dr. Beliveau, it was unani- mouslyvoted that the Board of Appeals adopt the following procedural rules relative to petitions for relief of local laws for subsidized housing under Chapter 77~ or other means. A m~d.mt~ of eight (8) complete sets of development plans shall be submitted to the Board of Appeals at the time of application. The development plans shall be of such clarity and completeness as to describe the project; and include both drawings and explanatory material as follows: ae A site plan (or plans) conforming to good design standards showing provisions for open space, parking, exterior recreation areas, screening, landscaping, topographic changes, dr.ainage 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. An outline of specifications indicating the type of construction includ~ug draw~gs of wall sections of buildings (an outline sketch will not be acceptable). e. Ail plans shall 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 Timin~under Chapter 774 The Board of Appeals must hold a hearing within 30 days of receipt of an application for a comprehensive permit. Within ~O 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 shall, upon receipt of an application, 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 recowu~endations shall 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 wish to consult other departments that are deemed necessary, such as the Highway Department and Conservation Commission. The Board of Appeals shall notify the abutters to the proposed development and publish hearing notices in a local newspaper, as provided for in Oeneral Laws, Chapter ~OA, Section 17. The decision of the Board of Appeals must be by a majority vote and maybe appealed to the courts in accordance with General Laws, Chapter ~OA, 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 develo~ent to ensure compliance with permit conditions and specifications and may delegate such inspection to other town agencies and departments. The fai~lre 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. Very truly yours, BOARD OF APPEALS Dr. Eugene A. Beliveaut Clerk AD RUI.~.~ BOARD OF APPEAL~ 1. ~I' INGS: Meetings of the Board of Appeals shall be held on the second Monday of each month from September to June. No meetings shall be held during the months of July and August. In addition to the regularly scheduled meetfngs~ the Board shall hold special meetings at the call of the Chairman. In the e~',snt that the time of a regularly scheduled meeting shall fall on a legal holiday, the scheduled meeting shall be he/d on the first Nonday thereafter which is not a legal holiday. 2. NEARI~]S ~ All hastings of the Board of Appeals shall be open to the public and shall be held only after notice given as provided by Statute and the Zoning By Law. A detailed record shall be kept of all hearings and of the votes of each member of the Board on all questions. Parties may appear at hearings of the Board in person, by agent or by attorney. The Chairman shall cause the name and address of the agent or attorney appearing for a party to be entered in the record. 3. ME~.~ERS: The Chairman shall preside at all meetings of the Board. In the absence of the Chairman, the Secretary shall preside. In the absence of both of the fore- going, the senior member of the Board shall preside. The Chairman, or the member acting as Chairman of any meeting, shall m~ke all rulings concerning the conduct of the hearing and the introduction of evidence, subject to objection by any member of the Board. In the event of such objection, the vote of the majority of the members p~esent and voting shall govern. In the event of a vacancy of the Board, absence of a regular member or interest on the part of a regular member, the Chairman shall appoint one of the associate members to sit at a meeting of the Board. The Secretary shall be responsible for the keeping of the minutes of meetinEs and the records of proceedings of the Board. Applications for Variances and Appeals to the Board shall be made on forms to be provided by the Board. Forms shall be available from the Clerk of the Board~ or the To~n Clerk. Applications for variances shall be completed by the applicant, and all applicable items therein shall contain the information required. Each application shall be accompanied by a refusal by the Building Inspector to issue the permit for the use sought by the applicant. Each application for a variance shall likewise be accompanied by five (5) copies of a plot plan~ an original and four copies~ drawn to scale, showing the distances from any proposed building to the front, side and ~.~ar lot lines, the outline of each proposed building, and the dimensions of the lot or lots in question by metes and bounds. The plan shall contain at the lower right corner a legend substantially in accordance with that shown on the attached Annex "A". NO APPLICATIONS will be considered by the Board until all the foregoing re- quirements have been met by the applicant. 5. TI~, FOR FILI~] AND PUBLICATION OF NOTICE: Applica%ions for variances or special permits (where the same are req,,~ed by the Zoning By Law) shall be filed with the Clerk of the Board of Appeals or with the Town Clerk not later than twenty-one (21) days prior to the date of the meeting at which the applicant desires to be heard. Applications filed within twenty-one days of a regularly scheduled meeting will be set down for hearing at the second regularly schedtuled meeting following the filing of the application, provided however, that the Chairman for good cause sh~n may allow the application to be heard at the regularly scheduled meeting following the date of filing of the application if the notice required by Statute or the Zoning Law may ~e given prior to such meeting. After the filing of the application, the Board shall determine the persons interested therein according to law and shall estimate the cost of the giving of proper notice and notify the applicant. The applicant shall forthwith pay to the Olerk of the ~oard the estimated cost of such notice. If the applicant fails to pay the estimated cost as aforesaid, the Board shall not proceed with notice and hearing until such time as the applicant shall pay the cost of the neoessa~j, notice. 6~ EVIDENCE: Whenever an applicant or appellant shall rely upon any deed~ plan or other instrument in support of his application or appeal~ such deed~ plan or other instrument~ or a copy thereof certified by the Register of Deeds, shall be offered in evidence at the hearing on such application or appeal. The Chai~n shall, whenever he deems the same necessary or advisable, have the right to summon witnesses, administer oaths and require the production of instruments. The Board shall view any b~ilding, lot, lots or land~ the subject of any application for variance or special permit or appeal~ whenever~ in the opinion of a majority of the members sitti~ at the hearing thereon it wi~ be advantageous and helpful so to do. 8. D~BQUALIFICATION OF It shall be the duty of any member or associate member of the Board to dis- qualify himself whenever he has reason to believe that by reason of personal or professional interest, or for any other reason, he cannot render an impartial decision on any application er appeal. The interested parties shall have the right to challenge any member of the Board concerning whom they have evidence of interest er inability to render an impartial decision. Iu the absence of voluntary disqualification by the challenged member, the challenged member shall be excused and the remaining members of the Board shall hear the party or parties on the question of such interest. The Board sh~ll consider the evidence in closed session and the decision of the majority of the Board shall determine the question of right of the challenged member to sit at the hearing. 9. These ~ales shall be effective June 2~ 1958. Daniel OtLeary, Chairman Kenneth Terroux, Secretary Donald F. Smith Henry EM Lurid Robert J. Burke A~bpted May 12, 19~8 PLAN OF LAND North And°Vet, Mass. Scale Date of Filing: Date of Hearing~ Date of Approval.' APPROVED (Date) NORTH ANDOVER BOARD C~ APPEALS Chairman Secretary