The Zoning Board of Appeals is a Quasi-Judicial Board, which operates under the mandates of Massachusetts General Laws Annotated Chapter 40A and the Billerica Zoning Bylaws. The board consists of five members and two alternate members appointed by the Board of Selectmen.
Frequently Asked Questions
The Board of Appeals meetings are typically held on the third Wednesday of each month at 6:00 P.M. in Room 210.
You must apply to the Building Department to obtain a Denial Form for a Special Permit or Variance if your building department request does not meet the Zoning By-Laws. The Denial Form is then submitted to the Board of Appeals office clerk to obtain the instructions and applications for a public hearing.
It depends…
Five (5) copies of a Certified Plot Plan are required for a Special Permit and/or Variance petition.
Five (5) floor plans are required for a restaurant.
For in-law apartments, three (3) copies of the in-law apartment plans showing the facade of the dwelling and the proposed addition, along with interior plans for the main dwelling and proposed in-law apartment are required.
The Board of Appeals fees are $50 for a residential hearing request and $150 for a non-residential hearing request.
Generally, the petition is filed with the Town Clerk’s office. Then the Board of Appeals schedules the hearing four (4) to six (6) weeks later to meet advertising time frames.
If the petition is approved, the Board is allowed up to two (2) weeks to prepare the decision, have members sign it, and record the decision with the Town Clerk’s office. There is a 20-day appeal period from the Town Clerk’s recording date, after which the petitioner must return to the Town Clerk’s office for certification and proceed to the Registry of Deeds to record the decision.
A Special Permit must be used within two (2) years and a Variance must be used within one (1) year. Upon request by the petitioner, one (1) six-month extension only is allowed after two years from the date of the original Special Permit hearing and one year after the date of the original Variance public hearing.