VARIANCE PETITIONERS

Report as inappropriate Your report has been received

Shared by: sG4krvY

Tags

Stats

views:: 1
posted:: 2/11/2013
language:: English
pages:: 5

Public Domain

Document Sample

The Commonwealth of Massachusetts
TOWN OF TEMPLETON
Zoning Board of Appeals
690 Patriots Road
Templeton, MA 01468

TEMPLETON ZONING BOARD OF APPEALS
INSTRUCTIONS FOR FILING OF AN APPEAL,
VARIANCE, OR SPECIAL PERMIT
AMENDED SEPTEMBER 11, 2008

Once the applicant has completed filling out the attached application, bring it to the
Zoning Board of Appeals with a check made out to the Town of Templeton, for the
filing fee. The ZBA office is located at 690 Patriots Road, Templeton, MA 01468 and
the ZBA office is the first one on the left as you enter the building. The office hours
are 8 AM to 3 PM Tuesday and Thursday. The application will be checked for
completeness by the ZBA Clerk before it can be filed with the Town Clerk.

At the time of the Public hearing of your case, be certain to have available the deed or
copy thereof, under the owners of the land involved in the appeal or petition has
derived title some proof of ownership.

Any photographs, plans or other documents which pertain to your appeal or petition
may be submitted at the time of the Public hearing thereof but the availability of such
will not relieve the applicant(s) or petitioner(s) from submitting a sketch or diagram in
accordance with the requirements set forth in paragraph #4.

DO NOT ATTEMPT TO DISCUSS THE MERITS OF YOUR CASE WITH ANY
MEMBER OF THE TEMPLETON BOARD OF APPEALS AT ANY TIME
PRIOR TO THE PUBLIC HEARING THEREOF.

FEES

1. VARIANCE - $200.00
2. SPECIAL PERMIT - $200.00
3. COMPREHENSIVE PERMIT - $500.00
4. THE ABOVE FEES WERE ADOPTED ON A VOTE BY THE ZONING
BOARD OF APPEALS ON FEBRUARY 8, 2006
5. PROJECT REVIEW FEES AS SET FORTH IN REQULATIONS
GOVERNING FEES SECTION 4.3 ADOPTED BY THE BOARD ON
MARCH 1, 2005.

RIGHTS AUTHORIZED BY THIS VARIANCE MUST BE
EXERCISED WITHIN ONE (1) YEAR OF THE FINAL DECISION.
The Commonwealth of Massachusetts
TOWN OF TEMPLETON
Zoning Board of Appeals
690 Patriots Road
Templeton, MA 01468

INSTRUCTIONS FOR PETITIONERS
FILING TO APPEAR BEFORE
THE BOARD OF APPEALS FOR A VARIANCE
AMENDED SEPTEMBER 11, 2008

1.) All papers received from the Town Clerk’s office or the Town of Templeton Website
must be filled out completely and brought to the ZBA Office for processing.

2.) A denial letter must be obtained from the Building Commissioner, before an appeal,
variance or special permit can be considered.

3.) A list of Abutters MUST be obtained from the Assessor’s office.

4.) A neatly drawn plan showing lot dimensions, building size and location, etc. on an 8
½ X 11 sheet of paper, will adequately answer the Board’s requirement, and as a guide
for site visits.

5.) Please refer to the fee schedule on the instruction sheet for the correct fee.

6.) After the ZBA Clerk has filled out the application checklist, take all paperwork to the
office of the Town Clerk, 4 Elm St. Baldwinville, MA 01436.

7.) The Town Clerk will time stamp the application and forward to the members of the
Board of Appeals. A Public Hearing will be scheduled in accordance with the Rules and
regulations of the ZBA and within the below listed timelines.

Variance
Your appeal will be heard within 65 days of the filing (MGL 40A s10). A decision will be
made by the Zoning Board of Appeals within 100 days of submission (MGL 40A s10). A
20 day waiting period for filing of appeals is necessary after the Board’s decision (MGL
40A s10).

Special Permits:
Your appeal will be heard within 65 days of the filing (MGL 40A s9). A decision will be
made by the Zoning Board of Appeals within 90 days of the hearing. A 20 day waiting
period for filing of appeals before filing the document at the Registry of Deeds is
required (MGL 40As9)..
The Commonwealth of Massachusetts
TOWN OF TEMPLETON
Zoning Board of Appeals
690 Patriots Road
Templeton, MA 01468

APPLICATION
AMENDED SEPTEMBER 11, 2008

The undersigned hereby appeals to petition the Templeton Board of
Appeals for permission or authorization to:

An application for the case having been submitted to the Building
Inspector and denied by the Building Inspector for the reasons stated in
his letter attached hereto. The reasons specified by the undersigned as a
basis for granting the petition or request in the appeal hereinafter set forth
in the answers to questions 7, 8, and 9. Further, the undersigned submits
under oath the information and representations contained in all answers
to questions for considerations by the Board in its determination of
appeals or petition herein.

1.) What is the name and address of each appellant or petitioner?

2.) State the street address or other sufficient description to readily
identify land or building which is the subject of your appeal or petition.

3.) What is the name and address of each holder of legal title to the land
which is the subject of your appeal or petition? List each name exactly as
it appears in the deed or petition and the book and page of the Worcester
County Registry of Deeds. Please have a copy of the deed at time of
submittal.

BOOK: _____________________

PAGE: ______________________
Templeton Zoning Board of Appeals
Application Request - Page 2 AMENDED SEPTEMBER 11, 2008

4.) On the reverse side of this page, draw a sketch, or diagram of the
land and buildings which are the subject of or affected by your appeal or
petition herein, observing proportions as nearly as possible and indicating
accurately the diagram of North. Also it is very important that you show
on such sketch diagram the following:

a.) Metes and bounds of said land.
b.) Adjoining streets and other names and identified landmarks.
c.) Dimensional layout of all buildings.
d.) Distance said building(s) are set back from boundaries and apart
from each other.
e.) THE EXACT DIMENSIONS, SETBACKS AND
SPECIFICATIONS OF ANY NEW CONSTRUCTION
ALTERATIONS\, ADDITIONS OR INSTALLATIONS WITH
WHICH OUR APPEAL OR PETITION IS CONSIDERED.

5.) If pertinent to your appeal or petition, describe the topology, general
conditions of terrain, and the sub-surface condition of the land involved.

6.) If your appeal is based upon your contention that the Building
inspector erred in the interpretation of the Zoning Ordinance as related to
your request herein, please specify the alleged error and the reasons for
your contention.

7.) If your appeal or petition is made under the provisions of Article
XXI, Section 7 (Special Regulations of the Templeton Zoning By-laws)
you must provide fifteen copies of the application and the ZBA will send
all required information to the town boards.

8.) If the basis of your appeal or Article XXI petition is a request for a
Variance within the provision of, and in conformance with Chapter 40A,
Section 10 of the Zoning Enabling Act of Massachusetts, then use the
reverse side of this page to specify the following:
Templeton Zoning Board of Appeals
Application Request - Page 3 AMENDED SEPTEMBER 11, 2008

a. The special condition affecting the land (soil, shape or topography)
or structure involved in your appeal or petition which do not a generally
effect the Zoning District in which such land or structure is located.

b. Having specified the special conditions required above, please state
exactly how such conditions, under strict enforcement of the Zoning
ordinance and refusal by the Board to grant the Variance which you
request, would involve a substantial hardship, financial or otherwise, to
the applicant(s) or petitioner(s).

c. By way of anticipation, comment in regard to any objections to the
granting of your appeal or petition which may be based on the grounds
that the Variance which you have requested would substantially
detrimental to the Public Good.

d. By way of anticipation, comment in regard to any objections to the
granting of your appeal or petition which may be based on the grounds
that the Variance which you have requested would substantially derogate
from the intent and purposes of the Zoning Ordinance, that is, to promote
the general welfare of the appropriate use of land within the Town to
lessen congestion in the streets, to avoid undue concentration of
population, to reduce the hazard from fire, and to provide adequate light
and air to buildings, by regulating the location, use and height of
buildings and the spaces about them.

9.) Kindly give additional information you consider important in the
determination of your appeal or petition.

10.) State the name and mailing address and telephone number of each
attorney, agent, or other representative of the appellant(s) or petitioner(s).
Also an abutter’s list certified by the Assessor’s Office must be given
with this application to the Town Clerk.

_________________________________
Signature of Applicant Dated

__________________________________
Signature of Applicant Dated