Board of Appeals hearings are held at 7:30 p.m. on the first Tuesday of every month except when there is a conflict with a holiday or voting day in which case notice will be given for the new hearing date. The hearings take place in the upstairs meeting room of the Town Hall unless otherwise noticed. Original hearing notice is always given through direct mail to abutters and newspaper publication and public posting for the general public. Continuances are only verbally noticed during the original and subsequent hearings on the matter.
The Board of Appeals has all of the powers and performs all of the duties conferred or imposed upon it under the applicable provisions of the General Laws of the Commonwealth of Massachusetts and by the Town of Lynnfield bylaws. These powers include the power to hear and decide:
Appeals in accordance with MGL Chapter 40A, Section 8,
Applications for Special Permits,
Requests for Variances and
Appeals from decisions of the Zoning Administrator.
“The appeal shall be taken within thirty (30) days from the date of the order or decision which is being appealed by filing a notice of appeal, specifying the grounds thereof, with the Town Clerk, who shall forthwith transmit copies thereof to such officer or board of whose order or decision is being appealed, and to members of the Board of Appeals. Such officer or Board shall forthwith transmit to the Board of Appeals all documents and papers constituting the record of the case in which the appeal was taken. The Board o Appeals shall fix a reasonable time for the hearing of any appeal or other matter, but always within 65 days from the transmittal to the Board the appeal or other matter by the Town Clerk, and shall cause notice of the time and place of such hearing and of its subject matter to be given in the manner set
forth in Chapter 40A, Sections 11 and 15 of the General Laws (as amended by Chapter 808 of the Acts of 1975 and as amended from time to time thereafter). The decision of the Board of Appeals shall be made within seventy-five (75) days after the date of filing of an appeal, application or petition except in regard to special permits, when the decision shall be made within ninety (90) days following the date of public hearing.” (Lynnfield Zoning Bylaws – Section 13.4)
The Board of Appeals in acting on all matters within its jurisdiction, cannot authorize use detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.