2007-Annual Town Report - Laserfiche WebLink

Home Browse Search

owing to such conditions failure to vided in Chapter 40C, Section 12A. t approve an application will involve The filing of such further appeal shall substantial hardship to the applicant occur within twenty(20)days after the and approval thereof may be made finding of the arbitrator has been filed without such substantial detriment or with the office of the Town Clerk. derogation, the COMMISSION shall issue a CERTIFICATE of Hardship. §110-7. Criteria for determinations. K. The COMMISSION shall send a copy A. In deliberating on applications for of its CERTIFICATES and disap- CERTIFICATES, the COMMISSION provals to the applicant and shall file shall consider, among other things,the a copy of its CERTIFICATES and dis- historic and architectural value and approvals with the office of the Town significance of the site, BUILDING or Clerk and the Building Inspector. The STRUCTURE; the general design, date of issuance of a CERTIFICATE proportions, detailing, mass, arrange- or disapproval shall be the date of the ment, texture, and material of the filing of a copy of such CERTIFI- EXTERIOR ARCHITECTURAL CATE or disapproval with the office FEATURES involved; and the relation ` of the Town Clerk. of such EXTERIOR ARCHITEC- TURAL FEATURES to similar fea. L. If the COMMISSION should fail to tures of BUILDINGS and STRUC. issue a CERTIFICATE or a disap- TURES in the surrounding area. I proval within sixty (60) days of the filing of the application for a CER- B. In the case of new CONSTRUCTION TIFICATE, or within such further or additions to existing BUILDINGS time as the applicant may allow in or STRUCTURES, the COMMIS- SION shall consider the appropriate writing, the COMMISSION shall thereupon issue a CERTIFICATE of ness of the scale, shape and propor- Hardship Due to Failure to Act. tions of the BUILDING or STRUC TURE both in relation to the land area M. Each CERTIFICATE issued by the upon which the BUILDING or COMMISSION shall be dated and STRUCTURE is situated and in rela- signed by its chairperson or such tion to BUILDINGS and STRUC other person designated by the COM- TURES in the vicinity.The COMMIS MISSION to sign such CERTIFI- SION may in appropriate cases impose CATES on its behalf. dimensional and setback requirements in addition to those required by applic- N. A PERSON AGGRIEVED by a deter- able statute or by-law. mination of the COMMISSION may, i! within twenty days of the issuance of a C. When ruling on applications for CER- i CERTIFICATE or disapproval, file a TIFICATES on solar energy systems written request with the COMMISION as defined in Section IA of Chapter for a review by a person or persons of 40A, the COMMISSION shall con- competence and experience in such sider the policy of the Commonwealth matters, acting as arbitrator and desig- of Massachusetts to encourage the use nated by the regional planning agency. of solar energy systems and to protect The finding of the person or persons solar access. making such review shall be filed with the Town Clerk within forty-five (45) D. The COMMISSION shall not con- days after the request, and shall be sider interior arrangements or archi binding on the applicant and the COM- tectural features not subject to public MISSION, unless a further appeal is view from a public way. sought in the Superior Court as pro- 88