The Zoning Board of Appeals is established under the provisions of Chapter 40A of the Massachusetts General Laws and is authorized by the Zoning Bylaw of the Town of Holland, under certain circumstances, to hear and determine appeals from decisions of certain officials affecting enforcement of the zoning bylaw, to grant variances pursuant to Section 10 of the Zoning Act (MGL, Ch. 40A, /10), and to grant certain special permits pursuant to provisions of the Zoning Bylaw.
1. The Building Commissioner will initiate a Procedure Sheet. He will approve or disapprove the application. The Procedure Sheet will guide the applicant through the process of meeting the Town agencies necessary to complete the application. The Building Commissioner will indicate on the sheet which agencies must be contacted. If the building application is disapproved because of existing bylaw(s), a proceeding before the Zoning Board may be started by filing a petition with the Town Clerk on a form provided by the Town Clerk.
2. The petition shall contain the following:
a. The name of the owner of record of the property to which the petition relates.
b. The name, address and telephone number of the petitioner and mailing address.
c. The Assessors’ map, block and lot number of the property.
d. A brief description of the relief requested.
e. Detailed Building Plans showing all outside dimensions, proposed additions and/or alterations (8 copies).
f. A Plot Plan showing 4 visible corner pins. (8 copies). The Board reserves the right to ask for an Instrument Survey when it deems necessary. Mortgage plot plans are not acceptable.
g. A copy of a current Tax Bill. No hearing can be scheduled until all of the above information is complete.
3. The petitioner shall deposit with the Town Clerk $125.00 (non-refundable) to cover the costs incurred in advertising, mailings and conducting a public hearing.
4. The Board’s hearings will normally be conducted on Tuesday evenings at the Town Hall. Notice of all hearings will be posted at the Town Hall and the Southbridge Evening News at least two weeks before the hearing date.
5. Petitions and appeals will normally be scheduled for hearing at the first regular hearing date that will allow time for the required legal notice to be published and distributed.
6. At the public hearing the petitioner should submit all documents relied upon in support of the petition and should be prepared to present any testimony or argument in its support.
7. Technical errors in the wording of the petition concerning the form or relief requested does not justify withholding relief the Board finds the petitioner is entitled to based upon the facts known to the Board.
8. The Board may, in its discretion, adjourn any hearing to the next convenient hearing date in order to give the Board, petitioner or any other interested party time to present additional material.
9. The original petition and all documents submitted by the petitioner or by other interested parties and any other documents designated by the Board shall be included as part of the public record of the Board’s proceedings.
10. The Board of Appeals will file with the Town Clerk a detailed record of its proceedings and its official actions with respect to each hearing after the decision is made. The Town Clerk date stamps the Appeals Board Decision. This date starts a 20-day period during which a Notice of Appeal may be received. Copies with the time of filing noted thereon will be delivered to the Board of Selectmen, the Planning Board, the Building Commissioner, and other interested officials and will be mailed to the petitioner and, upon request, to other interested parties. After the
20-day waiting period, the petitioner will obtain from the Town Clerk the original signed and dated decision and present it to the Registry of Deeds, Hampden County. Return the proof of the Recorded Deed to the Building Commissioner who will issue a building permit.
ZONING BOARD OF APPEALS
| 
