Rules & Regulations Revised 2-7-2006.doc
SUNDERLAND ZONING BOARD OF APPEALS
RULES & REGULATIONS
Adopted – January 2, 1979
Revised – May 1, 1985
Revised – October 17, 1990
Section 2.2 – Increased Application Fee to $75.00
Revised – October 2, 1991
Adopted “Comprehensive Permit Rules”
(See Separate Document)
Revised – March 30, 2000
Added Section 2.3 – Outside Consultant Fee
Revised – February 7, 2006
Section 2.2 – Increased Application Fee to $150.00
Section 3.2 – Added Four-Member Quorum Exception Option
Rules & Regulations Revised 2-7-2006.doc 2
RULES AND REGULATIONS
OF THE
SUNDERLAND ZONING BOARD OF APPEALS
Article 1 Organization
Section 1.1 Membership
The Board of Appeals shall consist of five members appointed by the Selectmen. The Selectmen shall also
appoint three associate members of the Board of Appeals. An associate member shall act as a member of
the Board in the consideration and determination of any matter in which he is requested so to act by the
Chairman or Acting chairman of the Board, when and in the event that a member does not act by reason of
illness, conflict of interest, absence, or other incapacity.
Section 1.2 Officers
The Board of Appeals shall elect by majority vote of the regular members present a Chairman, Vice-
Chairman, a Clerk, and an Assistant Clerk at the first regularly scheduled meeting after annual Town
Meeting. Upon the resignation of any officer, the board shall in like manner elect a replacement at the first
meeting following said resignation.
Section 1.3 Duties of Officers
Section 1.3.1 Chairman
The Chairman shall preside at all Board meetings. (In the absence of Chairman, the Vice-Chairman shall
preside as the Acting Chairman.) The Chairman or Acting Chairman may administer oaths, summon
witnesses and call for production of papers.
Section 1.3.2 Clerk
Together with the Chairman, the Clerk of the Board shall have the responsibility of publishing and posting
notices of meetings and hearings, and of mailing notices of hearings and of Board’s decisions to persons
and town agencies as provided herein or as required by law; shall keep detailed record of Board’s
proceedings showing the vote of each member upon each question, or, if absent or failing to vote,
indicating such fact, and setting forth clearly the reason or reasons for Board’s decisions, and Board’s other
official actions; and subject to the direction of the Board and its Chairman, shall conduct all
correspondence of the Board and maintain necessary files and records.
Rules & Regulations Revised 2-7-2006.doc 3
Section 1.3.3 Assistant Clerk
The Assistant Clerk shall be a regular member or associate member of the Board of Appeals, and shall be
responsible for all the duties of the Clerk in the absence of the Clerk. The Assistant Clerk shall also assist
the Clerk in the Clerk’s normal duties.
Section 1.4 Meetings
Regular meetings of the Board of Appeals shall be held on the Board’s hearing dates at such time and place
as designated on the required public notice, posted 48 hours in advance for reach such meeting. Special
meetings shall be held at the call of the Chairman, and such meetings shall require the posting of a notice of
said meeting in the same manner as required for regular meetings. All meetings shall be held in accordance
with the provisions of the Open Meeting Law.
Section 1.4.1 Quorum
The presence of five members shall constitute a quorum.
Section 1.4.2 Order of Business
The order of business at all regular meetings of the Board shall be as follows:
A. Roll Call
B. Amendment and/or approval of the minutes of the Previous Meeting*
C. Communications
D. Unfinished Business
E. New Business
* The minutes of each meeting shall be mailed to each member of the Board previous to the subsequent
Board meeting. The minutes, then, will not be read at the meeting, only amended and/or approved.
Section 1.5 Attendance
The Board will recommend to the Selectmen that any regular or associate member who misses three
consecutive meetings or five in the course of one year be removed from the Board.
Section 1.5.1 Removal
Any member may be removed for cause by the appointing authority upon written charges, and after a
public hearing.
Rules & Regulations Revised 2-7-2006.doc 4
Article 2 Application to the Board
Section 2.1 Application Form
Any appeal, application, or petition to the board of Appeals shall be made on the official form, which shall
be furnished by the town clerk on request. Any communication, purporting to be an appeal, application, or
petition shall be treated as a mere notice of intention to seek relief, until such time as it is made in proper
form to the Board of Appeals.
Section 2.2 Fees
Application shall be accompanied by a check payable to the town of Sunderland in the amount of one
hundred and fifty dollars ($150.00).
Section 2.3 Consultant Fee
In accordance with the provisions of M.G.L. Chapter 44, Section 53G, the Board can employ the services
of an outside consultant to obtain technical advice, unavailable from municipal employees, to review and
advise the Board on the applicant’s proposed project. A concurring vote of at least 4 (out of 5) members is
required for the Board to hire an outside consultant. The applicant shall pay all reasonable expenses
incurred by the Board for such review. The Board shall notify the applicant in writing of the estimated
costs for the review. The review fees shall be paid by the applicant within ten (10) days of the receipt of
the notification. The review fees shall be held by the Town Treasurer in a separate account. The Board
may request additional funds if needed to cover the cost of outside review in the same manner as above.
Failure by the applicant to make timely payments shall be adequate reason to deny the application.
The selection of an outside consultant may be appealed to the Sunderland Board of Selectmen. Such
appeals are limited to claims that the consultant selected has a conflict of interest or does not possess the
minimum required qualifications. The minimum qualifications consist of either an educational degree in
the field at issue or a related field, or three (3) or more years of practice in the field at issue or a related
field. The required time limits for action upon an application by the Board shall be extended by the
duration of the administrative appeal. In the event that no decision is made by the Board of Selectmen
within one (1) month following the filing of the appeal, the selection made by the Board shall stand.
Rules & Regulations Revised 2-7-2006.doc 5
Any excess amount in review fees paid by the applicant, including any accrued interest, at the completion
of the project shall be repaid to the applicant or to the applicant’s successor in interest and a final report on
expenditures made from the fees shall be made available.
Article 3 Hearings
Section 3.1 Hearing Dates
Any appeal, application, or petition filed in proper form shall be scheduled for a hearing within sixty-five
(65) days of filing. No hearing shall be held on any day on which a state or municipal election, caucus, or
primary is held in the town.
Section 3.2 Quorum
A quorum for hearings by the Board shall consist of five members. In the absence of a quorum at a
scheduled hearing, the hearing will be immediately adjourned until a date when a quorum is available.
An exception to the five-member quorum requirement is allowed when four members of the Board are
present and the applicant/petitioner voluntarily agrees at the beginning of the hearing to the following
condition: The hearing can proceed with a four-member quorum with the clear understanding that a
unanimous (all four members) vote will be required in order for the applicant/petitioner to be granted a
Special Permit, Variance or Appeal. If the applicant/petitioner doesn’t agree to this condition, the hearing
must be adjourned until a date when a full five-member quorum is available.
Section 3.3 Notice
Notice of a public hearing must be published once in each of two successive weeks, the first publication to
be not less than fourteen (14) days before the day or the hearing and by posting such notice in a
conspicuous place in the town Hall for a period of not less than fourteen (14) days before the day of such
hearing. Such notice must identify clearly the subject matter of the hearings, and contain the following
printed in bold face type:
A. The name of the petitioner;
B. The location of the area or premises which are subject of the petition; and
C. The date, time, and place of the public hearing.
Rules & Regulations Revised 2-7-2006.doc 6
A copy of the advertised notice shall be sent by mail, postage prepaid, to the applicant or petitioner, to the
owners of all property deemed to be abutters, owners of land directly opposite on any public or private
street or way, and owners of land within three hundred feet of the property line, all as they appear on the
most recent tax lists, notwithstanding that the land of any such owner is located in another city or town, the
Planning Board of the town and the Planning Board of any abutting city or town.
Section 3.4 Hearings to be Public
The applicant or any party, whether entitled to notice of the hearing or not, may appear on his own behalf
or be represented by agent or attorney at said hearing. In the absence of any appearance on behalf of any
applicant, the Board will proceed to dispose of the matter on record before it. All hearings are open to the
public.
Section 3.5 Order of Business
A. Reading of petition and legal notices by the Clerk, together with presentation
of exhibits, if any.
B. Applicant’s presentation.
C. Reports of Planning Board and other concerned agencies, if any.
D. Members of the board can now raise questions as they set fit.
E. Presentation, by other parties of interest, if any, and questions by those seeking
information.
F. Applicant’s re-presentation, restricted to matters raised by opponent’s
presentation.
G. The Board takes under advisement consideration of the case.
Section 3.6 Site Visits
Applicants should be prepared to meet with the board at the site. Site plan locations will be viewed if the
board feels that it is necessary.
Article 4 Disposition by the Board
Section 4.1 Decisions
Variance and appeal decisions of the board shall be made within seventy-five (75) days after the date of the
filing of an appeal or variance application. Failure by the Board to act within said seventy-five (75) days
shall be deemed to be the grant of the relief, application or petition sought, subject to an applicable judicial
appeals as provided for in chapter 40A. Special permit decisions of the board shall be made within ninety
(90) days after the date of the hearing.
Rules & Regulations Revised 2-7-2006.doc 7
Section 4.2 Withdrawal
Any petition for a variance or any application for a special permit may be withdrawn without prejudice by
the petitioner prior to the publication of the notice of a public hearing thereon, but thereafter, may be
withdrawn without prejudice only with the approval of the Board.
Section 4.3 Reconsideration
Once the matter has been voted upon and the meeting adjourned, there shall be no reconsideration of the
decision of the Board.
Section 4.4 Default
Nonappearance of the petitioner will result in automatic denial of the appeal, application, or permit, unless
the petitioner has requested and received a continuance prior to the time the hearing is to begin.
Section 4.5 Reapplication
In order to have an appeal, application or petition reheard within two (2) years after the date of final,
unfavorable action, the Board must find specific and material changes in the conditions upon which the
previous unfavorable action was based. All but one of the members of the Planning Board must consent
thereto, after notice is given to the parties in interest of the time and place of the proceedings when the
question of such consent will be considered.
Section 4.6 Filing Decisions
The Board of Appeals shall cause to be made a detailed record of its proceedings, indicating the vote of
each member upon each question, and setting forth clearly the reason or reasons for its decision and of its
official actions, copies of all of which shall be filed within fourteen (14) days with the town Clerk, and
shall be a public record. A Notice of the decision shall be mailed forthwith to the petitioner, to the parties
in interest, and to every person present at the hearing who requests that notice be sent to him. The Notice
shall specify that appeals, if any, shall be made pursuant to Section 17 of Chapter 40A, and shall be filed
within twenty (20) days after the date of the filing of such Notice in the office of the Town Clerk.
Section 4.7 Recording of Variances or Special Permits
When granting variances or special permits, the Board may impose limitation both of time and use, and a
continuation of the use permitted by be conditioned upon compliance with regulations to be made and
amended from time to time thereafter. Upon the granting of a variance or special permit, the Board shall
Rules & Regulations Revised 2-7-2006.doc 8
issue to the owner and/or applicant (if other than the owner) a Notice, certified by the Chairman and/or the
Clerk, containing the name and address of the owner, identifying the land affected, setting forth compliance
with the statutory requirements, and certifying that copies of the decision and all plans referred to in the
decision have been filed with the Planning Board and the Town Clerk. No such variance or special permit
or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the
certification of the Town Clerk that twenty (20) days have elapsed and no appeal has been filed, is recorded
at the Registry of Deeds. The fee for recording shall be paid by the owner or applicant.
Article 5 Voting Requirements
The concurring vote of four (4) members of the Board shall be necessary for any decision on any matter
upon which the /board is required or authorized to pass under chapter 40A of the General Laws of the
Zoning By-Law.
Article 6 Amendments
These rules may be amended by a simple majority vote of all regular members of the Board provided that
such amendment shall be presented at a regular meeting.