RULES AND REGULATIONS
HANSON BOARD OF APPEALS
ARTICLE I. - ORGANIZATION
Sec. 1 - OFFICERS
At the first regular meeting following the confirmation of the annual appointee, the Board shall elect all officers
of the board to include a Chairperson, Vice-chairperson and clerk. Alternates do not participate in this act.
Sec. 2 - CHAIRPERSON: POWERS AND DUTIES
The Chairperson shall vote and be recorded on all matters coming before the Board. Subject to these rules, he/she shall decide all points of order, unless overruled by a majority of the Board in session at the time. He/she shall appoint such committees as may be found necessary or desirable.
In addition to powers granted by general laws and local ordinances, and subject to these rules and further instructions of the board, the Chairperson shall transact the official business of the Board, supervise the work of the clerk, request necessary help, direct the work of all subordinates, and exercise general supervisory power. He/she shall at each meeting, report on all official transactions that have not otherwise come to the attention of the board.
Sec. 3 - VICE-CHAIRPERSON
The Vice-Chairperson shall act as Chairperson in case the Chairperson is absent, disabled or otherwise unable to perform his/her duties.
Sec. 4 - CLERK
The clerk shall be a member of the Board, designated by the Board. Subject to the direction of the Board and its Chairperson, he/she shall supervise all of the clerical work of the Board.
Sec. 5 - ALTERNATE MEMBERS
The Chairperson of the Board shall designate an alternate member to sit on the Board in case of the absence, inability to act or conflict of interest on the part of any Board members. In the event of a vacancy on the Board, the Chairperson may designate an alternate member to act as a member of the Board until someone is appointed to fill the unexpired portion of the vacated term.
Sec. 6 - QUORUM
Three members of the Board is required to be present for a quorum.
Sec. 7 - REGULAR MEETINGS
Regular meetings of the Board of Appeals shall be held at 7:00 p.m. the first and third Tuesdays of each month. If a regular meeting falls on a holiday, election day, or another time when the Town Hall is officially closed, there will be no meeting on that Tuesday evening. Should a summer schedule be voted by the board, such meeting dates will be duly filed with the Town Clerk and posted as required by law.
Sec. 8 - SPECIAL MEETINGS
Special meetings may be called by the chairperson, or at the request of two members. Written notice thereof shall be given to each member at least 48 hours before the time set.
Notices shall be posted publicly as required by law.
Sec. 9 - OFFICE HOURS
Office hours for the Board shall be as posted on the Town Hall bulletin board.
Sec 10. - RULES AND REGULATIONS
At the first regular meeting following the confirmation of the annual appointee, the Board may review these rules and regulations and vote on all amendments or additions thereto. A copy shall then be filed in the office of the Town Clerk and the Board of Selectmen. This shall not prevent the Board from making pertinent changes at any other time.
Sec. 11 - GENERAL
Date of Receipt: All communications shall be deemed to be filed or received on the day on which they are actually received in the Board of Appeal Office.
SIGNATURES: Every application, statement, notice, pleading, petition, complaint, motion brief, memorandum and other document shall be signed by the filing party or by one or more attorneys, in their individual names on behalf of and representing the said filing party. This signature constitutes a certificate by the signer that he has read the document, that to the best of his knowledge every statement contained in the instrument is true, and that it is not interposed for delay.
DISCLAIMER: Nothing in these Rules & Regulations shall in any way conflict with Chapter 40A. If such conflict occurs, the State law shall govern. If any clause, statement, paragraph or regulation in these Rules & Regulations are found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of the balance of said Rules & Regulations.
ARTICLE II.
SUBMISSION OF APPLICATION TO THE BOARD:
Sec. 1 - APPLICATION FORM
Every application for action by the Board shall be made on the official form. These forms will be found in the back of this Rules & Regulations booklet. Said booklet will be furnished upon request at the Board of Appeals office or the office of the Town Clerk. Any communication, purporting to be an application, shall be treated as a mere notice of intention to seek relief, until such time as it is made on the official application form.
Sec. 2 - FEES:
The official Appeal Board Fee Schedule is set forth on the last page of these Rules & Regulations
Hearing Fee: Current applicable filing fees for a petition
will be on file with the Town Clerk and posted
on the Town Hall bulletin board. All checks
shall be made payable to the Town of Hanson.
Review Fees: The Appeal Board may at their discretion
employ professional assistance to review any materials pertinent to the hearing at the cost of the applicant. A deposit as stated in the fee schedule filed in the office of the Town Clerk shall be made by the applicant, payable to the Town of Hanson, for fees in relation to the review at the time of application submittal or during the course of the hearing process, if deemed necessary by board. ALL REVIEW FEES SHALL BE SUBMITTED IN THE FORM OF A CERTIFIED CHECK OR TREASURER'S CHECK.
Additional deposits of higher amounts may be required in the case of a complex site design, building layout, design change, traffic studies, hazardous or toxic waste studies, hydrological studies or for any other circumstances that the board feels is applicable. As the above deposits are expended, the applicant shall, upon notice from the Board, make further deposits in such a manner that the total deposit with the Town shall at all times equal the initial amount as set forth in the fee schedule.
Upon satisfactory completion of the review and of any review of a revised plan, the Board shall refund to the applicant any deposit remaining.
As required by Massachusetts General Laws, (Chapter 44, Section 53G) the applicant has access to an Administrative Appeal before the Board of Selectmen. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. Said law takes effect
March 8, l990.
Other fees: Fees for transcript of minutes, zoning by-laws,
copies and research are set forth on the last
page of this booklet. These fees may be changed from time to time at the discretion of the Board after official vote and filing with the Town Clerk.
Sec. 3. - COMPLETED APPLICATION:
It is the responsibility of the applicant to submit to the board a completed application. Incomplete applications shall not be processed and will be returned to the applicant for re-submission. A completed application will consist of the following:
* Petition application in duplicate.
* Seven (7) copies of complete plans.
* Agent Authorization letter (if applicant is not
owner of land).
* The deed or land court certificate showing all
easements, rights of way or other legal
encumbrances.
* Applicable filing fee made payable to the Town
of Hanson.
* Applicable Plan Review fee made payable to the
Town of Hanson.
* Applicable Chemical Analysis Fee made payable to
the Town of Hanson.
* Certified abutters list.
* Check for advertising costs in the amount of
$______________, made payable to Barbara Ferguson.
Sec. 4 - PLAN OF LAND TO ACCOMPANY PETITION:
Each application and petition to the Board shall be accompanied by seven (7) copies of plans that have been prepared by a professional architect, landscape architect, registered land surveyor or registered professional engineer. Plan size shall be a minimum of 8 1/2" x 11" and a maximum of 24" x 36". All plans shall contain items listed on the Engineer's checklist located in the back of this booklet.
The Board reserves the right to require additional information not listed herein, if in their wisdom it is pertinent to the over-all review of the project, and/or any additional information at the request of the registered professional engineer hired by the Board to review the plan.
An applicant may request, in writing, a waiver of any of the
items in the Engineer's Checklist prior to submittal.
ARTICLE III
PROCESS FOR SUBMISSION OF APPLICATION FOR HEARING
Sec. I - GUIDELINES FOR FILING:
1. The "ASSESSORS FORM I" located in the back of this
booklet should be taken to the Assessors office so
that they may certify the abutters to the subject
property. There is a research fee for this certified
list of abutters. Certified list is only valid for
90 days from the certification date.
2. When you have your Certified Abutters List you may
then fill out the Petition Application located in the
back of this booklet in duplicate. If the petitioner
is not the owner of record of the property in question,
petitioner must obtain a letter from the owner of record
authorizing petitioner to act as Agent in his behalf.
3. Seven (7) copies of pertinent plans prepared in accord-
ance with Article II, Sec. 4 of these Rules & Regula-
tions shall be submitted with the application.
4. Should the subject property contain any easements,
rights of way or other legal encumbrances, a copy of the
deed or land court certificate must be included with the
application.
5. A filing fee must be made in the form of a check payable
to the Town of Hanson. The Plan Review fee should also
be made in the form of a check payable to the Town of
Hanson. The Fee Schedule is available in the Town
Clerk's office and is posted on the Town Hall bulletin
board.
6. The cost of advertising (required by Mass. General Laws)
is the responsibility of the applicant. This check
should be made payable to "Barbara Ferguson". You must
submit this check with your application. The Board
will send the notice for your hearing along with your
check to Barbara Ferguson (HANSON TOWN CRIER) for pub-
lication.
7. Your application should now be complete and ready for
submission to the Hanson Town Clerk. Please check
Article II, Sec. 3, entitled "Completed Application" to
be sure your application is in order.
Sec. II - PROCESS AFTER FILING WITH TOWN CLERK:
1. Upon receipt of your application the Board will send you a copy of the NOTICE of your hearing and a copy of the abutters list.
2. The Board is required to send a copy of the hearing notice to every abutter on your list. You must submit to the Board of Appeals PRE-ADDRESSED STAMPED ENVELOPES ($.34) for this purpose. DO NOT PUT ON A RETURN ADDRESS.
3. A second set of UNSEALED envelopes address to the abutters and affixed with $.57 stamps must also be submitted the night of the hearing. These envelopes will be for mailing the Decision to the abutters. The mailing of the Decision must be done by the Board of Appeals in accordance with Mass. General Laws.
ARTICLE IV
HEARINGS
Sec. 1 - NOTICE
Notice of hearings shall be advertised as required by the provisions of General Laws, Chapter 40A. In addition, a copy of the advertised notice shall be sent by mail, at least 14 days prior to the date of the hearing, postage prepaid, to the owners of all property deemed by the board to be affected thereby as they appear on the most recent local tax list, to the planning board of every abutting town and to all those list in the law.
Sec. 2 - HEARINGS TO BE PUBLIC
All hearings shall be open to the public. No person shall be excluded unless considered by the Chairperson to be a
"serious hindrance" to the workings of the Board.
Sec. 3 - REPRESENTATION AND ABSENCE
An applicant may appear in his/her own behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of an applicant, the board may decide on the matter using the information it has otherwise received.
Sec. 4. - ORDER OF BUSINESS
a. Reading the legal notice by the Chairperson, together
with presentation of exhibits, if any.
b. Applicant's presentation.
c. Reading of the abutters list.
d. Opponent's presentation, if any, and questions by those
seeking information.
e. Applicant's rebuttal, restricted to matters raised by
opponent's presentation.
Members of the Board who are hearing the case may direct appropriate questions during the hearing.
ARTICLE V
DISPOSITION BY THE BOARD
Sec. 1 - VOTING REQUIREMENT
A unanimous vote of the Board shall be required for approval. The Board shall set forth clearly the reason or reasons for its decision and the record shall show the vote of each member.
Sec. 2 - RECORDS
A detailed record of proceedings, including the vote on each question, must be filed with the Town Clerk within fourteen
days of the decision.
Sec. 3. - WITHDRAWAL
An application may be withdrawn by notice in writing to the clerk of the Board any time prior to the hearing. After advertisement, withdrawal shall be only by Board approval.
Sec. 4. - RECONSIDERATION
Once a petition has been voted upon, the meeting adjourned, there shall be no reconsideration of a decision of the Board.
Sec. 5. - REAPPLICATION
In order to have a petition re-heard within two years, the petitioner must request permission from the Planning Board, showing new evidence that substantially alters the conditions of the petition. At least four members of the Planning Board must agree that this condition has been met. Once the Board agrees, the petitioner must reapply to the Board of Appeals in the normal manner.
Sec. 6. - FILING PERIOD
Every application or petition shall be filed, and every appeal taken within thirty days from the date of refusal of a permit, order, decision or determination of the Building Inspector or other Administrative official.
Sec. 7. - REVIEW HEARING
Should a Decision on a Special Permit rendered by the Board of Appeals stipulate that the Review Hearing will be held within a certain time frame, the cost of said hearing will be borne by the original applicant or the current owner of the property or operator of the use on the property for which Special Permit was granted.
The Review Hearing Fee which is listed on the last page of this booklet, is due and payable the evening of the Review Hearing.
At the time the Notice for the Review Hearing is sent to the
Applicant, it will be accompanied by an invoice from the
Hanson Town Crier correspondent for advertising. This additional invoice shall be paid on or before the hearing.
ENGINEERS CHECKLIST- NOTE TO PETITIONER:
In order to avoid unnecessary plan revision delays, the Board suggests that you give your engineer this list, along with a copy of the current Zoning By-laws. The By-laws may be obtained at either the Selectmen’s Office or the Town Clerk’s Office for a fee of $20.00.
TO THE ENGINEER: The Board of Appeals has compiled this list of items that it wants to see on the plan. If you have any questions as to what is applicable and what is not applicable to the project you are working on, please contact the Administrative Assistant at the Board of Appeals.
GENERAL PLAN INFORMATION:
Stamped by Registered Engineer (proof of unexpired registration shall be submitted with plans).
Indicate all property boundaries.
Use, ownership, driveways, street details, septic system, and well within 200 feet of locus.
Zoning district, use of property, Locus, Direction Indicator, Scale, Name of Owner of Record.
GENERAL INFORMATION ON LOT:
Service Areas Maximum Total Gross Coverage
Screening Maximum Total Building Coverage
Signs 90% upland requirement
Sewage Lot size in sq.ft.
Landscaping Actual grades or contours
Setbacks & buffers Finished grades or contours
Frontage Drainage Calculations
Zone lines
GENERAL INFORMATION ON LOT
Service Areas Maximum Total Gross Coverage
Screening Maximum Total Bldg. Coverage
Signs 90% upland requirement
Sewage Lot size in sq. ft.
Landscaping (bldgs & buffer) Actual grades or contours
All setbacks & buffers Finished grades or contours
Frontage Drainage Calculations
Zone lines
GENERAL INFORMATION ON BUILDING
Location of all structures Dimensions of bldgs. existing
and proposed
Loading areas Bldg. size in sq. ft.
Lighting Floor area of building
Building height
GENERAL INFORMATION ON ROAD/DRIVEWAYS
Driveway dimensions - length & width
Driveway openings
Driveway paving
Radius
Drainage calculations
Catch basins & gas traps
GENERAL INFORMATION ON PARKING
Parking lot paving
Parking lot drainage and catch basins with gas traps
Parking spaces lined and tire stops
Parking lot lighting
Handicap spaces
Parking calculations
GENERAL INFORMATION ON WETLANDS/AQUIFER WELL PROTECTION ZONE
Indicate all wetland areas
Indicate if ocated in Aquifer-Well Protection District
Indicate on plan if located within 500 feet of Aquifer Well
District
Indicate by note if located within 1,000 feet of Aquifer
Well Protection District
Drainage run-off calculations on wetlands.
FEE SCHEDULE
HEARINGS:
Site Plan Approval......................... $ 200.00
Variance................................... 200.00
Special Permit............................. 175.00
Special Permit (Home Occupations).......... 125.00
Special Permit for pre-existing
non-conforming dwellings as covered
in Section IV.A. of the Hanson
Zoning By-Law:
Valuation* Fee
$0.00 to $2,500 $ 25.00
$2,501 to $4,000 $ 40.00
$4,001 to $6,000 $ 60.00
$6,001 to $10,000 $100.00
Over $10,001 $175.00
*Valuation taken from the most current
Schedule Catalog of the Board of
Assessors.
Section 13 Appeal.......................... 200.00
Comprehensive Permit....................... 1,000.00
Review Hearings............................ 25.00
** AN ADDITIONAL $25.00 FEE WILL BE CHARGED
FOR EACH ADDITIONAL PERMIT REQUESTED
(PER APPLICATION) OVER AND ABOVE THE
HIGHEST FEE APPLICABLE.
REVIEW FEES:
Plan Review Fee............................ $1,500.00
Comprehensive Permit Plan Review Fee....... 3,500.00
Chemical Analysis Fee...................... 300.00
OTHER FEES:
Photo Copies of Public Records...(each).... .20
Copies of Microfilm Records......(each).... .25
Computer Printout copies ........(each).... .50
Search Time (per hour)..................... 12.54
Duplicate tape of hearings................. 2.00
Zoning By-Law Book......................... 20.00
Appeal Board Rules & Regulations........... No Fee
Comprehensive Rules & Regulations.......... No Fee
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