ZONING BY-LAW - Town of Hull

Zoning Bylaws of the Town of Hull Page 1-6580-2 The Board of Appeals shall exercise the powers and perform the duties prescribed for a Board ofAppeals under the provisions of Massachusetts General Law, Chapter 40A, or any amendmentshereto. Any action of the Board under such sections shall be in accordance with and subject tothe terms thereof. The Board of Appeals shall have the following powers:a. Appeals: To hear and decide an appeal taken from any person aggrieved by reason ofhis inability to obtain a permit or enforcement action from any administrative officerunder the provisions of Chapter 40A of Massachusetts General Laws, by theMetropolitan Area Planning Commission, or by any person including an officer orboard of the Town of Hull, or of an abutting city or town aggrieved by an order ordecision of the Building Commissioner, or other administrative official, in violationof any provision of Chapter 40A of Massachusetts, General Laws, or any bylawadopted thereunder.b. Variances: To authorize upon appeal or upon petition with respect to particular landor structures a use or dimensional variance from the terms of this bylaw where theBoard of Appeals specifically finds that owing to circumstances relating to the soilconditions, shape or topography of such land or structures and especially affectingsuch land or structures but not affecting generally the zoning district in which it islocated, a literal enforcement of the provisions of this bylaw would involvesubstantial hardship, financial or otherwise, to the petitioner or appellant, and thatdesirable relief may be granted without substantial detrimental to the public good andwithout nullifying or substantially derogating from the intent or purpose of thisbylaw.c. Special Permits: Special permits shall be granted after a public hearing held by theBoard of Appeals and all other Special Permit Granting Authorities within sixty-five(65) days of the filing of an application with the Town Clerk and after the Board ofAppeals or other Special Granting Authorities finds that the use involved will be inharmony with the general purpose and intent of this bylaw and shall not besubstantially more detrimental to the established or future character of theneighborhood and town and subject to appropriate conditions or safeguards if deemednecessary.80-3 A special permit shall automatically lapse two years from the date of the grant of a special permitunless substantial use or construction is commenced except for good cause. Included in the twoyeartime period is the time required to pursue or await the determination of an appeal referred toin Section 17 of Massachusetts General Law, Chapter 40A.a. Special permits granted under Section 43, "Flexible Plan Development" of thiszoning bylaw shall remain in effect for a period of two (2) years plus such timerequired to await the determination of an appeal referred to in Massachusetts GeneralLaw, Chapter 40A, Section 17 from the grant thereof, and shall automatically lapse ifa substantial use thereof has not sooner commenced except for good cause asdetermined by the special permit granting authority following a public hearing withproper notice per Massachusetts General Law, Chapter 40A, Section 12 or, in caseswhere a permit for construction has been granted, if construction has not begun bysuch date except for good cause as determined by the building commissioner.80-4. All requests for Board of Appeals action shall be made out on forms furnished by the BuildingCommissioner and all such applications shall be filed at the office of the Town Clerk.