Procedure Following a Complete ZBA Application

After you have submitted a complete application, the ZBA will schedule a Public Hearing.  This hearing will take place within 65 days of the completed filing.  Notice of this hearing will be sent to the applicant, the abutters, and various officials of this and neighboring towns.  It will appear in the Daily Hampshire Gazette, and it will be posted at Town Hall.

During the hearing, the Board considers the content of the application and its supporting documentation, asks questions, hears testimony from a variety of sources including but not limited to the applicant, the applicant’s experts, other town boards, abutters, and the Shutesbury public in attendance, and from letters or other documents submitted from the public.

The ZBA will notify you of their Decision as soon as possible after completing the Public Hearing. Massachusetts law provides the following maximums: the Decision must be made within 90 days of the Public Hearing on applications for special permits and appeals to Zoning Enforcement actions, and within 100 days of filing an application for a variance.  The Notice of Decision will be filed with the Town Clerk and sent to all parties mentioned above within 14 days of the Decision.  A Favorable Decision becomes final if there are no appeals within 20 days of when it is filed.  You are responsible for recording the Decision with the Registry of Deeds.


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