Zoning By-Laws - North Brookfield

established or future character of the neighborhood and townand subject to appropriate conditions or safeguards if deemednecessary. Any application filed with the Board of Appealsshall be referred upon its receipt by the Board of Appeals tothe Planning Board for a written report and recommendationrelative thereto as provided by General Laws, Chapter 41,andChapter 40A . The Planning Board shall make its report to theBoard of Appeals by the date of the public hearing as to theapplication. Failure to make recommendations within thirtyfive(35) days of receipt of a special permit application bythe Planning Board shall be deemed lack of opposition thereto.For all other applications, the Planning Board shall receive acopy of application materials from the Board of Appeals atleast twenty-one (21) days before the public hearing. TheBoard of Appeals shall hold a public hearing within sixty-five(65) days of submission of an application for a special permitwith notice as specified in Chapter 40A, shall act upon suchapplications within ninety (90) days following such PublicHearing and shall issue to the applicant forthwith a copy ofits decision. A Special Permit granted by the Board of Appealsshall lapse within two (2) years from the date of the grantingthereof, if a substantial use thereof has not sooner commencedexcept for good cause, or in the case of construction, ifconstruction has not begun within such time except for goodcause. (Amended STM November 9, 2007)3. Variances: To authorize upon appeals or upon petition incases where a particular use is sought for which no permit isrequired after Public Hearings with notice as specified inChapter 40A with respect to a particular parcel of land or toan existing building thereon a variance from the terms of theapplicable zoning by-law where owing to circumstances relatingto the soil conditions, shape, or topography of such land orstructures and especially affecting such land or structuresbut not affecting generally the zoning district in which it islocated, a literal enforcement of the provisions of theordinance or By-Law would involve substantial hardship,financial or otherwise to the appellant, and where desirablerelief may be granted without substantial detriment to thepublic good and without nullifying or substantially derogatingfrom the intent or purpose of such ordinance or By-Law but nototherwise. Before taking final action on a variance the mattershall be referred to the Planning Board which shall, withinten (10) days, have an opportunity to report itsrecommendations in writing to the Board of Appeals. Thedecision of the Board shall be made within seventy-five (75)days after the date of the filing of an appeal, application orpetition and a copy of such decision shall forthwith be issuedto appellant, applicant or petitioner. Failure by the Board toact within said seventy five (75) days shall be deemed to be30