Home Page	Board of Appeals - Rules and Regulations
Date:	Voted May 21, 1997, In-Effect through June 13, 1998
Location:	Town of Billerica

BOARD OF APPEAL - Rules and Regulations

INSTRUCTIONS FOR FILING AN APPLICATION TO THE BOARD OF APPEAL FOR A SPECIAL PERMIT AND/OR VARIANCE, AS ALLOWED UNDER THE ZONING BY-LAW.

1.) Obtain application for a Board of Appeal public hearing from the Board of Appeal Office Monday - Friday, 9:00 A.M. - 3:00 P.M. (Room 105) Phone: (508) 671-0964 All documents shall be retained by the Board of Appeal and become property of the Board of Appeal for their records. The following information is required to be submitted to the Board of Appeal through the Town Clerk's Office for each application, except when noted.

A.) Two copies of the application for a public hearing bearing the signature of the applicant, or their attorney or agent, as so designated by the applicant. A letter by the attorney or agent must accompany the application stating, they represent the applicant. If the applicant is a leasee on the property, he/she must submit a letter from the lessor stating, he/she has no objection to the leasee seeking a Special Permit and/or Variance to his/her property.

B.) Include the Denial by the Inspector of Buildings citing the sections of the Zoning By-Law from which a Special Permit and/or Variance should be granted and how it varies from the present Zoning By-Law.

C.) Describe your reasons for requesting the Special Permit and/or Variance in the application.

D.) Five plot plans shall be submitted for a by each petitioner. Each plan shall be prepared, stamped and signed by the following:

1.) Professional Civil Engineer where there are existing and proposed buildings shown on the plan.

2.) Professional Registered Land Surveyor where there are only existing buildings shown on the plan.

3.) Plans must be certified that it is not within the Green Engineering Flood Plain.

4.) NO Mortgage survey plans or plot plans will be accepted with any petition.

5.) All plans must be either 8 1/2" X 11" or individually pre-folded to 8 1/2" X 11", with the title block facing forward.

6.) Only five plans are required when requesting a Variance and Special Permit.

7.) Three highlighted floor plans must be submitted, with plot plans, when applying for an In-Law Apartment.

E.) The five plot plans shall have a title block on them showing the following information: Who prepared the plans, date prepared, zoning district and Assessor's Office plate and parcel number.

F.) The plot plans shall show all front, side and rear setbacks on all existing and proposed buildings.

G.) The plot plans shall show the dimensions of the lot and percentages of the lot covered by the existing and proposed buildings.

H.) A preliminary sketch of the proposed building must show the size of the foundation and the height of the buildings.

I.) The plot plans shall show all easements, right of ways, entrances, exits and driveways.

J.) Show all types of signs, lighting fixtures, parking areas and the required number of parking spaces on the plans.

K.) Show all topographical features of the land, such as ledge, rock, peat, and all natural conditions of the water, brook, stream and rivers in relationship to this parcel.

L.) A Locus Plan shall be submitted showing the distance to the nearest intersecting streets and major roadways in relation to this parcel.

M.) All green strips, green space shall be colored green on the plans, when applying for relief of such zoning by-law requirements.

N.) A traffic report must be submitted with the petition when applying for a restaurant with a drive-through window.

3.) A copy of the deed of the owners/applicants parcel showing the Registry of Deeds Book and Page Numbers. Also, a copy of the Purchase and Sale Agreement, if the applicant is purchasing the parcel of land.

4.) A Certified Abutters List must be furnished with each application to the Board of Appeal. This information can be obtained at the Assessor's Office - Room 109.

5.) A check for $50.00 for each petition, made payable to the town of Billerica, is required with each application. (No Cash)

ADDITIONAL APPLICATION REQUIREMENTS FOR A SPECIAL PERMIT UNDER SECTION 5.6 (FLOOD PLAIN) AND SECTION 6 (EARTH MIGRATION).

1.) All instructions, as printed under Section 5.6 and Section 6 of the Zoning By-Law, shall have the following:

A.) Topographical Plan Maps showing bench marks and the methods of procuring grades, as shown on said maps.

B.) SECITON 5.6 - FLOOD PLAIN:

1.) Show the Flood Plain elevations and the existing and proposed building elevations; as well as the parking areas.

2.) Flood Plain Area must be identified in yellow on the plan.

3.) Plans must be approved and stamped by the Board of Health prior to submitting petition/s to the Town Clerk's Offce.

C.) SECTION 6 - EARTH MIGRATION:

1.) Plans shall show the complete area of land owned by the applicant and area to be removed. The area must be identified in blue.

2.) Applications shall include estimated amount of material to be removed and direction of flow of all trucks in operation, size (capacity) of trucks and number to be used. Also, estimated period of removal and reason for removal

All petitions are advertised in the Billerica Minuteman. The petitioner will be billed directly by the advertising company for the cost of each legal ad. All bills should be paid prior to the public hearing.

TIME FRAME INFORMATION FOR BOARD OF APPEAL CUSTOMERS APPLYING FOR A PUBLIC REARING.

Applications and instructions will be given to each customer upon receipt of a Denial Form from the Building Department. When an application package is completed and submitted to the Town Clerk, the time frame begins according to Massachusetts General Laws, Chapter 40A, as follows:

1.) A public hearing will be heard regarding your petitions/s within the required 65 days of submittal to the Town Clerk.

2.) The Board of Appeal is required to write a decision for each petition and record the signed decision with the Town Clerk no later than (14) days from the date of decision by the board.

3.) There is a "20 Day Appeal Period" from the date stamped by the Town Clerk for each decision.

4.) If granted, after the (20) day appeal period has expired and within (90) days of the decision, the petitioner is required to return to the Town Clerk's Office to have the decision certified by the Town Clerk, proceed to the Registry of Deeds in Lowell to record said decision then bring/send a copy of the Registry Receipt Form to the Board of Appeal and Building Department, as soon as possible.

If you have any questions on this procedure, please contact our office at (508) 671-0964.

INSTRUCTIONS FOR PETITIOENRS FILING TO APPEAR BEFORE THE PERMIT OR SPECIAL PERMIT GRANTING AUTHORITY

1.) Please review all rules and regulations of the Authority prior to appearing before the Board of Appeal.

2.) An Appeal to the Permit Granting Authority shall be taken within thirty (30) days of the order of the decision which is being appealed.

3.) To be granted a Variance, a petitioner must establish that owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or bylaw would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of such ordnance or bylaw.

4.) In order to expedite consideration of your appeal include all factors that may be relevant to the question of items set forth in Paragraph #3.

5.) If your petition is for a Special Permit rather than for a Variance, be prepared to present data that tends to indicate that the public convenience and welfare will be substantially served by granting the permission requested; that the permission requested will not tend to impair the status of the neighborhood; that the permission requested will be in harmony with the general purposes and intent of the regulations of the Zoning By-Laws.

Note: This information is taken from the Guide Book for the Massachusetts Federation of Planning Boards and Appeals Boards, Inc.

NOTIFICATION PROCEDURE

Board of Appeal procedure for notification of abutters in regards to your petition/s

1.) Submit a Certified Abutters List to the Board of Appeal with each petition and keep a copy of the list for mailing reference.

2.) After publication of petition/s the Board of Appeal Office will send you a copy of the notification for the public hearing.

3.) Send a copy of the notification to each abutter Certified Mail, and one to each of the following abutting towns. (Certified Mail Slips can be obtained at Post Office.) Bedford Planning Board 10 Mudge Way Burlington Planning Board Burlington Planning Board 29 Center Street Burlington, Ma. 01803 Carlisle Planning Board P. O. Box N Carlisle, Ma. 01741 Chelmsford Planning Board 50 Billerica Road Chelmsford, Ma. 01824 Tewksbury Planning Board 999 Whipple Road Tewksbury, Ma. 01876 Wilmington Planning Board Middlesex Avenue Wilmington, Ma. 01887

4.) Bring the notifications to the Post Offce so that all the certified mail slips can be stamped at least 14 days before the hearing.

5.) Send or deliver the stamped Certified Mail Slips to the Board of Appeal Office, Town Hall, 365 Boston Road, Billerica, Ma., at least one week prior to the scheduled public hearing/s.