Outline of Rules of Procedure for Zoning Board of Appeals

Outline of Rules of Procedure

1. Consult with the Zoning Agent regarding whether the application should be for a Variance, Special Use Permit, or other appeal.

2. Application forms are available from the Town Clerk’s Office or on the Town website here: www.townofblackstone.org.

3. Once the appropriate form has been issued:
   1. Fill out the application form completely. (Owner must sign form)
   2. Return the completed application form to the Town Clerk’s Office with the fee of $300, accompanied by a copy of your deed and a plot plan of the property which shows all building(s) with all relevant dimensions.

4. From that point the Town Clerk will stamp the application form.
   1. The Town Clerk will forward a copy to the Zoning Board of Appeals Secretary.
   2. If it is a Special Use Permit application, the Zoning Board of Appeals has 65 days to act.
   3. If it is a Variance application, the Zoning Board of Appeals has 100 days to act.

5. Adequate notice of such a hearing shall be given by the appropriate publication, as defined in the Zoning Act, once in each of (2) successful weeks preceding the hearing, the first of which is to occur not less than (14) days before the day of the hearing. Also, a notice of the hearing will appear in a conspicuous place in the Town Hall for a period of not less than (14) days before the day of such hearing.

6. Adequate notice of such hearing shall be sent by first class mail to all parties of interest. The parties of interest consist of the petitioner, owners of land directly opposite of any public or private street or way, and abutters within 300 feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. The Assessor’s Office shall certify the name and addresses of parties of interest (abutter’s list) for a separate $10 fee.

7. A decision shall be rendered within (90) days following the public hearing for a Special Use Permit application and within (100) days following the filing of all other types of appeals, applications, or petitions.

8. All decisions of the Zoning Board of Appeals will include the vote of each member, including fact as well as the reason(s) for their decision and official actions.

9. The Zoning Board of Appeals will provide a copy of the decision to all parties of interest and to any person present at the hearing who requests such a copy and submits an address for the receipt of such a copy.

10. A copy of the decision for a Variance shall be filed (14) days with the Town Clerk or a copy of the decision for a Special Use Permit shall be filed within (90) days with the Town Clerk. The Town Clerk will then make it available for public record. The (20) day appeal period begins upon the date of receipt of the decision by the Town Clerk. 

 11. The Town Clerk will verify that (20) days have elapsed since receiving the decision. No Variance or Special Use Permit shall take effect until   the (20) day appeal period has passed and the decision has been recorded by the owner/applicant with the Registry of Deeds. If an appeal has been filed, the Town Clerk will make you aware of such.

Reminders:

• Application must be complete.
• At minimum, include a plan of the property showing the following:
  • Dimensions of the lot with square footage and topography
  • All building(s) located on the lot with dimensions from property lines
  • Abutting lots and frontages