Chapter 7.4 Rules and Regulations for Zoning Board

Section 1 Officers and Duties

A.      Elections

At the first regular meeting of each calendar year, the Board shall elect by majority vote all officers of the Board to include a chairman and vice chairman clerk. Associate members shall not participate in this act. All officers shall serve for the calendar year or until a successor is elected.

B.      Chairman

The Chairman shall vote and be recorded on all matters coming before the Board. Subject to these rules, the chairman shall issue the call for and preside at all meetings and hearings; decide all points of order, unless overruled by a majority of the Board in session at the time; prepare and submit all reports required by law; and appoint such committees as may be found necessary or desirable. The chairman shall receive and scrutinize all applications for compliance with the rules of the Board.

In addition to powers granted by the General laws or otherwise, and subject to these rules and further instructions of the Board, the chairman shall transact the official business of the Board; sign all purchase orders for expenditures by the board; supervise the work of the vice chairman clerk; request necessary help; direct the work of all subordinates; and exercise general supervisory power. At each meeting, the chairman shall report on all official transactions that have not otherwise come to the attention of the Board.

C.      Vice Chairman-Clerk

The Vice Chairman-Clerk shall vote and be recorded on all matters coming before the Board. He/She shall have such powers and be charged with such duties as the chairman shall designate. The vice chairman clerk shall act as chairman in case the chairman is absent, disabled or otherwise unable to perform his or her duties. Subject to the direction of the Board and its chairman, the vice chairman clerk shall supervise all of the clerical work of the board including: all correspondence of the Board; keep dockets and minutes of the board's proceedings including detailed records; compile all required records; maintain necessary files and indexes; mail all required public hearing notices, notice of decisions and copies of decisions as required by the general Laws, and call the roll at all Board meetings. The Board may hire a clerical secretary to carry out some of the aforementioned duties, subject to approval by the Board and its chairman. If the vice chairman clerk is absent, disabled or otherwise unable to perform his or her duties, the chairman shall designate an acting clerk.

D.      Associate Members

The Chairman of the Board shall designate an associate member to sit on the board in case of absence, inability to act or conflict of interest on the part of any regular Board member. In the event of a vacancy on the Board, the chairman may designate an associate member to act as a member of the Board until someone is appointed to fill the unexpired portion of the vacated term.

E.      Zoning Administrator

The Board may appoint a Zoning Administrator subject to confirmation by the Board of Selectmen. The Zoning Administrator may carry out powers of the Board as specifically delegated by the Board in Article VI Section 3 and no others. The Board may delegate to said Zoning Administrator some of its powers and duties only by a concurring vote of all except one member of Board. The Zoning Administrator shall act on applications and petitions within 35 days of the filing of the application with the Town Clerk or the petition is deemed denied. Persons aggrieved by the Zoning Administrator decision or failure to act may appeal to the board of appeals within thirty days after filing of decision with the Town Clerk.

F.      Qualifications for Zoning Administrator

The Zoning Administrator shall have at least five years of professional experience in one of the following professions: lawyer, architect, landscape architect, land use planner, civil engineer or building contractor.

Section 2  - Meetings

A.       Quorum

A quorum for a meeting of the Board shall consist of four regular members or their alternates. No members shall appear or represent any person in any matter pending before the Board. No member shall hear or decide a case in which he or she is directly or indirectly interested in a personal or financial sense.

If an associate member is designated to sit on the board for a public hearing, the associate member shall continue to sit on the Board until the variance, special permit, or appeal is decided.

B.      Regular Meetings

Regular meetings of the Board of Appeals shall be held at a place and time to be designated and posted, on the third Thursday of each month.  If a regular meeting day falls on a holiday or on any day on which a state or municipal election, caucus or primary is held in the town, the meeting shall be held on the day following or at such time and place advertised.

C.      Special Meetings

Special meetings may be called by the Chairman, or at the request of two members which request shall be given to the Chairman prior to distribution to other Board members. Written notice thereof shall be given to each member at least 48 hours before the time set.

D.      Notices

Notices of regular and special meetings of the board shall be posted publicly as required by law.

E.      Zoning Administrator Meetings

The Zoning Administrator will conduct meetings on an as need basis for the purpose of conducting public hearings. Meetings shall be scheduled Monday Friday between the hours of 8:00 A.M. and 4:00 P.M. Meetings may not be held on a holiday or on any day on which a state or municipal election, caucus or primary is held in the Town.

A.      Approved Form

Every application for action by the Board shall be submitted on an approved form adopted by the Board for that purpose (see Form 2, Appendix)

Any communication, purporting to be an application, shall be treated as mere notice of intention to seek relief, until such time as it is made on the approved application form. The Board shall only consider a completed form and may, at its discretion, reject any application form which is not complete. If the Board rejects an application which is not complete, the date the incomplete application was filed shall not be considered in the determination of time periods for hearing and decision by the Board.

B.      Manner of Filing

Instruction sheets and forms will be available at the Office of the Town Clerk. This form shall be filed in original and eleven copies, the original bearing the signature(s) of the appellant(s), applicant(s), petitioner(s), or their agent. All pertinent paragraphs in the form must be completed, and all information required by the form shall be concisely stated. Applications shall indicate the section of the Zoning By law or the General Laws that the hearing is to consider.

C.      List of Abutters

A list of "parties of interest" shall be attached to the application form. The names and addresses of abutters, owners of land directly opposite the property on any public or private street or way and the owners of land within 300 feet of the property line shall be provided. All names and addresses shall be obtained from the most recent applicable tax list maintained by the assessors. The assessors shall certify the list of names and addresses. In addition to a certified list of abutters, two sets of pre addressed, stamped envelopes shall be submitted with the application form.

D.      Filing of appeals

Every application concerning an appeal shall be filed within thirty days from the date of the order or decision of the building inspector or other administrative official whose decision is being appealed.

Section 2       Plans and Specifications

A.      Number

Each application form to the Board of Appeals shall be accompanied by twelve copies of a plan as described in B. which follows.

B.      Size, Form, Contents

The size, form and content of all plans, sketches and exhibits shall be in compliance with the instructions provided within the application form. The plot plan shall be 8 1/2" x 11" minimum. The plot plan shall show the dimensions of the lot; area; existing and proposed buildings including their respective dimensions that is floor area and exact distance from the lot lines; scale; north arrow; and the names of all persons abutting such property. If construction is to be more than one story, front and side elevations must be submitted.  If a parcel consists of over 60,000 square feet, these plans must be submitted on a scale of one-inch equals forty feet.

Additional documents may be submitted at the public hearing.

Section 3       Fees

A filing fee of one hundred ($100.00) dollars for cases involving one single family residence, two hundred ($200.00) dollars plus fifty ($50.00) dollars per unit beyond one for two, three and four family and duplex and townhouse and multi family residences and cluster residential, five hundred ($500.00) dollars plus fifty ($50.00) dollars per unit beyond one for commercial or high density residential, and two hundred ($200.00) dollars for soil removal and for all other cases, shall accompany each application. The fee for a sign variance or special permit is one hundred and fifty ($150.00) dollars. The fee for a wireless communication facility/tower is five thousand ($5,000.00) dollars. If paid by check, said check shall be made payable to the Town of Holden.

Section 4       Submission Procedure

The Board of Appeals designates the Town Clerk as its representative to receive all plans and applications filed by a petitioner. The Town Clerk shall transmit the applications and plans to the Board of Appeals. Applications and plans will be received at the Office of the Town Clerk during that office's regular business hours.

Section 5       Waiver of Requirements

Notwithstanding the foregoing, the Board may, in its sole discretion, waive any of the provisions of Section 1 through 4 inclusive of this Article II and may require additional information as it deems necessary.

A.      Advertisement

B.      Contents

The public hearing notice shall contain the name of the petitioner or applicant; a description of the area or premises; street address, if any, or other adequate identification of the location of the area or premises which is the subject of the application; the date, time and place of the public hearing; the subject matter of the hearing; and the nature of action or relief requested, if any.

Section 2       Hearing to be Public

All hearings shall be open to the public. No person shall be excluded unless he is considered by the chairman to be a "serious hindrance" to the workings of the Board. The chairman may, at his discretion, request removal of any person who is causing such hindrance or he may suspend the hearing to a later date.

Section 3       Representation and Absence

An applicant may appear in his own behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of an applicant, the Board shall decide on the matter using the information it has otherwise received.

Section 4        Order of Business

A.      The Chairman will call the meeting to order and read the notice of hearing as published;

B.      The applicant or his representative shall present the case to the board;

C.      Members of the Board who are hearing the case may direct appropriate questions during the hearing;

D.      Representatives of the Town, present at the hearing, shall be heard; (Planning Board, Selectmen, other Boards and officials);

E.      The abutters to the property and other parties present at the hearing, shall be heard;

F.      The applicant may rebut matters raised by any opponents;

G.      The Chairman shall inform those present at the hearing as to the time requirement under the General Laws for appealing the decision of the Board.

Section 5       Brief to the Board

It is recommended that every appeal, and every application for a variance or special permit, be supported by a brief setting forth in detail all facts relied upon by the parties. This is particularly desirable in the case of a variance when the following points, based on General Laws, Chapter 40A, Section 10 should be clearly identified and factually supported:

A.      The particular use proposed for the land or building;

B.      The conditions especially affecting the property for which a variance is sought, specifically soil, shape, or topography affecting the land or structure;

C.      Facts which make up the hardship, including a physician's signed statement specifying any conditions of health if health is relied upon as a reason of hardship;

D.      Facts relied upon to support a finding that the relief sought will be desirable and without substantial detriment to the public good;

E.      Facts relied upon to support a finding that the relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw.

Briefs may be filed at the public hearing.

The concurring vote of at least four members of the Board shall be necessary in any action taken by the Board.

Section 2       Withdrawal

An application may be withdrawn by the applicant, without prejudice, by notice in writing to the clerk, prior to the publication of the public hearing notice. After the notice of public hearing, an application may be withdrawn by the applicant, without prejudice, by notice in writing to the clerk if four members sitting vote in favor of withdrawal. If an application is withdrawn the filing fee shall be forfeited.

Section 3       Decision

A.      Notice of Decision

A written notice of decision shall be mailed forthwith to the petitioner, applicant or appellant, to the parties in interest, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. The notice of decision shall be prepared on the approved form adopted by the Board for that purpose. (See Form 3, Appendix)

Each notice shall specify that appeals, if any, shall be made pursuant to Section 17 of M.G.L., Chapter 40A and shall be filed within twenty days after the Board files the written decision in the Office of the Town Clerk.

B.      Written Decision

All decisions of the Board of Appeals shall be made in writing. A copy of the written decision shall be issued forthwith to the owner and to the applicant if other than the owner. A copy of the decision and all plans referred to in the decision shall be filed with the planning board and the town clerk. The written decision shall contain the following:

1.Case number;

2.Date decision rendered;

3.Name of Applicant(s);

4.Name and address of owner if different from applicant(s);

5.The time, dates and place of the public hearing;

6.Dates  hearing was advertised and name of publication;

7.Statement that "parties in interest" were notified and that a copy of the decision and plans referred to in the decision have been filed with the planning board and the town clerk;

8.Brief account of the hearing;

9.Identification of the land affected;

10.Statement setting forth compliance with the statutory requirements for the issuance of a variance, special permit, or appeal and including any conditions imposed;

11.All decisions must be signed by the Chairman or the Clerk of the Board.

C.       Detailed Record

The Board shall make a detailed record of its proceedings and shall file a copy of the detailed record in the office of the town clerk within 14 days of the date of the decision. The detailed record shall contain the following:

1.      Case number;

2.      Date decision rendered;

3.      The vote of each member upon each question, or if absent or filing to vote, indicating such a fact;

4.      Whether the application was granted or denied, in whole or in part, and setting forth clearly the reason or reasons for its decision and of its official actions including the conditions imposed, if any.

Section 4       Town Clerk Certification

After 20 days have elapsed after the date the decision is rendered, the applicant shall request the Town Clerk to certify on a copy of the decision that no appeal has been filed or that if such appeal has been filed, that it has been dismissed or denied, is recorded in the applicable registry of deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title.

Section 5       Recording

A decision shall not take effect until a certified copy is recorded in the applicable registry of deeds by the owner or applicant. The owner or applicant shall pay the fee for such recording or registering. The building inspector shall not issue a building permit until proof of recording is presented.

Section 6       Reapplication

No applicant which has been unfavorably acted upon by the Board of Appeals shall be acted upon favorably within two years of the date of the decision unless the applicant submits new evidence which substantially alters the conditions of the application and requests consent from the planning board to reapply to the Board of Appeals. The planning board shall give notice to the parties in interest regarding the time and place of the proceedings when the question of such consent will be considered. If all but one member of the planning board grants consent, the applicant shall submit the new evidence to the Board of Appeals who may rehear the application if they find by a vote of four members sitting that there are specific and material changes in the conditions upon which the previous unfavorable action was based. The changes shall be described in the Board of Appeals' record of its proceedings.

Section 7       Time Limit

If an application is granted by the Board, all permits necessary for the prosecution of the work shall be obtained and construction shall be commenced within one year from the date of grant thereof.

Section 1       Amendment, Revision, Repeal

These rules and regulations may be amended, revised, or repealed from time to time by a majority vote of the Board. Any such amendment, revision or repeal shall become effective upon filing in the Office of the Town Clerk.

Section 1       Advice

Any advice, opinion or information given by the Board or any Board member, or any other official employee of the Town of Holden, shall not be binding on the Board.

Section 2       Other

For other regulations, refer to the Holden Zoning Bylaw as legally adopted and amended.

Section 3       Cases that may be decided by the Zoning Administrator

The Zoning Board of Appeals voted to assign the following duties and powers to the Zoning Administrator and no others.

The Zoning Administrator may decide special permit applications that involve a proposed expansion or alteration on a single family non-conforming lot or structure as long as the expansion or alteration is in compliance with the bylaw.       

The Zoning Administrator may decide variance applications that involve no change to existing lot lines or structures.

The Zoning Administrator may decide special permit applications for accessory apartments providing the applicant meets the conditions of Section XI-J-3-h of the Zoning Bylaws.

If the Zoning Administrator concludes, following a duly advertised public hearing, that the proposed alteration or addition will not intensify the existing nonconformity or result in additional ones, the applicant is entitled to the issuance of a special permit or variance.

On February 9, 2001 the Zoning Board of Appeals appointed the Senior Planner to serve as Zoning Administrator.

Revisions: September 20, 1979, February 26, 1987, July 20, 1987, October 6, 1988, February 16, 1989, May 3, 1990, December 6, 1995, May 9, 1996, February 11, 1999, August 23, 2000, February 9, 2001, August 23, 2001, June 17, 2004, January 15. 2015, May 7, 2018.

1.      Twelve (12) copies of Form 2, request for Findings of fact shall be prepared for all appeals, applications and petitions. Twelve (12) copies of all attachments and exhibits, including the following, shall accompany the form (machine copies are acceptable);

(a)     Prints of the latest recorded plan of the land which will be affected; or in cases where no such plan exists, prints of a plan of the land endorsed by a registered engineer or land surveyor.

(b)     The plan shall show dimensions on lots and area, existing and proposed buildings and respective dimensions, including floor area and distance from lot lines, scale and north arrow.

(c)     If construction is more than one story, the front and side elevations must be submitted.

(d)     A list of the "parties in interest" including the names and addresses of abutters, owners of land directly opposite the property on any public or private street or way and the owners of land within 300 feet of the property line. All names and addresses shall be obtained from the most recent applicable tax list maintained by the assessors. The assessors shall certify the list of names and addresses. An assessor's map showing the parcel number of each "party in interest" shall also be included. In addition to the list, two (2) sets of pre addressed stamped envelopes shall be submitted with the application form.

2.      All pertinent paragraphs of this form must be completed, and all information required by the form shall be concisely stated. If there is insufficient space in the form, additional sheets may be attached bearing the applicable paragraph number and containing the additional information. Indicate at the top of page 1 under which section of the General Laws the case is to be considered.

3.      The original of the form shall be signed personally by the applicant(s) or petitioner(s).

4.      Each appeal, application or petition must be accompanied by a filing fee payable to the Town of Holden. Filing fees shall be as follows:

Appeal from decision of building inspector                              $100.00

Variance or special permit for single family                            $100.00

residence

Variance or special permit for two, three and                           $200.00 plus

four family and duplex and townhouse and                                        $50.00 per unit

multi family residences and cluster residential         

Variance or special permit for commercial or high density               $500.00 plus

residential                                                                             $50.00 per unit

(multi family only)

Soil removal and all other cases                                                $200.00

Sign variance or special permit                                                 $150.00

Wireless Communication Facility/Tower                                   $5,000.00

7.      In order to be accepable for filing with the Town clerk, all sections of the form which are appropriate to your case must be filled in.

8.      Additional documents may be submitted at the public hearing.

 

9.      All rules and regulations of the Board of Appleas should be reviewed prior to appearing before the Board.

NOTE:           DO NOT ATTEMPT TO DISCUSS THE MERITS OF YOUR CASE WITH ANY MEMBER OF THE BOARD OF APPEALS AT ANY TIME AFTER FILING THIS APPEAL, APPLICATION OR PETITION WITH THE TOWN CLERK AND PRIOR TO THE PUBLIC HEARING THEREOF.

Page 1 - Form 2                                                         Case No.________

1.      Nature of action or relief requested

        Appeal from a person aggrieved (G.L., Ch. 40A, Sec. 8)

        Application for Special Permit (G.L., Ch. 40A, Sec. 9)

        Petition or appeal for a Variance from the terms of the Zoning Bylaw (G.L., Ch. 40A, Sec. 10)

        Other                                                                                           

Has the Zoning Board of Appeals acted unfavorably as to any petition for a special permit or variance as to the premises described within the last two years?           Yes             No (please check) (G.L., Ch. 40A, Sec. 16)

If your answer to the preceding question was "yes," please describe the specific and material changes in the conditions which exist now from those which existed at the time that the previous unfavorable action was taken by the Holden Zoning Board of Appeals.

2.      Name and address of each appellant, applicant or petitioner:

Name:                                            Address:                                               

Name:                                            Address:                                               

Name:                                            Address:                                               

3.      The undersigned hereby petition(s) the Board of Appeals as follows:

Page 2 - Form 2                                                         Case No.________

4.      The undersigned is the owner of the holder of a written option to purchase (strike in applicable phrase) the land or building situated at Street and No.                                        

located on the                                  side of                                                         

N., S., E., W.                                  (Street and No.)

                feet from the intersection of                                                           

(Street or Streets)

5.      The record title to said land which is the subject of this case stands in the name(s) of

                                                                                                        

whose address is                                                                                        

by a deed duly recorded in the Worcester County Registry of Deeds in Book               , Page  

        , or registered in the Worcester Registry District of Land Court,

Certificate No.                , Book           Page            .

The said land or building is situated in a zoning district classified under the Zoning By law

as                                                                                                      

7.      State briefly what is on the premises

                                                                                                        

                                                                                                        

8.      The name and mailing address of each attorney, agent or other representative of the undersigned are as follows:

Signed this                     day of                                   20    

                                                                                                        

                                                                                                        

                                                                                                        

CASE NO.                

REQUEST FOR FINDING OF FACT - SPECIAL PERMIT

Now comes the applicant                                                  who has applied to this Honorable Board for a Special Permit for property located at _____________________________________________________and asks that said Board make the following findings of fact:

1.      That the proposed use would be in harmony with the general purpose and intent of the Zoning Bylaw for the following reasons:

(a)

(b)

(c)

2.      That the specific site is an appropriate location for such use for the following reasons:

(a)

(b)

(c)

(d)

3.      That the specific site has adequate public sewerage and water facilities or suitable soil for on lot sewerage and water facilities for the following reasons:

(a)

(b)

(c)

(d)

4.      That the use as developed will not adversely affect the neighborhood, for the following reasons:

(a)

(b)

(c)

(d)

FINDINGS OF FACT SPECIAL PERMIT                                                         Page 2

5.      That there will not be a nuisance or serious hazard to vehicles or pedestrians using for the following reasons:

(a)

(b)

(c)

(d)

6.      That adequate and appropriate facilities will be provided for the proposed use, for the following reasons:

(a)

(b)

(c)

(d)

Date                                    Respectfully submitted by                                       

Case No.                

REQUEST FOR FINDING OF FACT VARIANCE

Now comes the petitioner                                                         who has petitioned this Honorable Board for a variance for property located at___________________________________ and asks that the said Board make the following findings of fact:

1.      That the following circumstances relating to the soil, conditions, shape, or topography especially affect the land or structure(s) in question, but do not affect generally the zoning district in which the land or structure(s) are located:

(a)

(b)

(c)

2.      That a literal enforcement of the provisions of the Holden Zoning By law would involve substantial hardship, financial or otherwise, to the undersigned for the following reasons:

(a)

(b)

(c)

3.      That I/we believe that desirable relief may be granted without substantial detriment to the public good for the following reasons:

(a)

(b)

(c)

4.      That I/we believe that the variance desired may be granted without nullifying or substantially derogating from the intent or purpose of the Holden Zoning Bylaw for the following reasons:

(a)

(b)

(c)

Date____________        Respectfully submitted by_____________________________________

NOTE: THE LAW DOES NOT PERMIT THE BOARD TO GRANT A VARIANCE UNLESS ALL OF THE REQUIREMENTS SET FORTH IN G.L., CH. 40A, SEC. 10 ARE SATISFIED. EACH ONE OF THE ABOVE FOUR CATEGORIES MUST BE ANSWERED IN DETAIL.

CERTIFIED LIST OF ABUTTERS

PROJECT NAME & STREET LOCATION:_______________________________________

OWNER:____________________________________________________________________

MAP/PARCEL NUMBER:______________________________________________________

VARIANCE                SPECIAL PERMIT          PRELIMINARY PLAN                

DEFINITIVE PLAN         OTHER (SPECIFY)                                         

LIST OF ABUTTERS*

 

PLEASE REFER TO EACH BOARD'S REQUIREMENTS

*****************************************************************************

FOR OFFICE USE ONLY

The Board of Assessors makes the following amendments to the above list:

This is to certify this is a list of abutters to Map             Parcel          or as cited above but not necessarily in it’s entirety.

RULES AND REGULATIONS OF THE ZONING BOARD OF APPEALS

ARTICLE VIII

Adopted April 17, 2003

COMPREHENSIVE PERMIT CHAPTER 40 B

LOCAL REGULATIONS

These rules establish procedures for applications to the Zoning Board of Appeals for submission of all comprehensive permits under M.G.L. c. 40B § 20-23.  The purpose of these rules is to facilitate the development of affordable housing in Massachusetts.

These rules are not intended to replace or sufficiently describe the comprehensive permit procedures and should be read in conjunction with the complete regulation of the Housing Appeals Committee, 760 CMR 30.00 and 31.00.  The purpose of these rules is to facilitate the filing of a comprehensive permit in a descriptive manner.

CONTENTS OF FILING AN APPLICATION

A site approval letter from the subsidizing agency.

An application form.

Evidence of site control.

The applicant shall provide proof that they are a public agency, a non-profit organization, or a limited dividend organization.

An existing conditions plan showing the location of all existing buildings, streets, open spaces, topography, wetlands.

A preliminary subdivision design (signed by a registered engineer, registered architect or other pertinent design professional) showing, but not limited to the location and footprints of all proposed buildings, changes in grading and topography, parking landscaping, roads, walkways and driving, open space wetlands, infrastructure and utilities.  

Preliminary architectural drawings (scaled and signed by a registered architect) which includes the location and use of all buildings, typical floor plans, elevations, section construction type and exterior finish.

Building tabulations including the number and type of buildings, number and size of units, number of bedrooms per building, floor area of units, building and imperious surface coverage.

Preliminary subdivision plan (if applicable).

Preliminary utilities plan showing the proposed location and types of water, wastewater and stormwater facilities including hydrants.  

A complete list of waivers and exceptions that are being sought from any local regulations, by laws and/or policies.

The number of affordable housing units, the income eligibility standards, and sale price of the market units.  

List of state and other needed approvals necessary to be granted prior to the issuance of a building permit.  

Any additional information that the ZBA requires which is related to the project which is necessary to make a decision.  

The applicant must submit 28 complete sets of plans.

The applicant must submit 28 sets of 11x17 plans which includes an existing conditions plan, a preliminary site plan, a preliminary building plan and list of waivers.  

A certified abutters list with addressed stamped envelopes with the Town Hall 1196 Main Street, Holden, MA 01520 as the return address.

A proposed monitoring agreement by an approved monitoring agency.

PROJECT FINANCIAL PRO FORMA: The proforma shall be provided and prepared by a certified public accountant experienced in construction development and signed by the applicant under penalties of perjury.  All financial data submitted by the applicant is subject to technical review.

TECHNICAL REVIEW ESCROW FEES: The escrow for technical review fees is intended to cover the Town’s cost of hiring outside consultants, including but not limited to engineers, landscape architects, architects, legal counsel, financial, real estate, and/or other professionals to review the project and must be submitted with the application.  The initial escrow deposit amount required for a Comprehensive Permit shall be one-half of one percent of the total gross estimated construction cost of the project and may be equitably adjusted by vote of the Board of Appeals to satisfy the costs incurred by the Town in its review of the application.  The escrow deposit shall be held in a separate, special account by the Town’s Treasurer.  Whenever the amount falls below 50% of the requirement se by the Board, the applicant must deposit an additional amount sufficient to return the account to the required level.  After all obligations are satisfied, the Board of Appeals shall submit a written notice to the Town Treasurer directing the Treasurer to return to the applicant (or its successor in interest) any unexpended monies in the escrow account, including any accrued interest.  Failure to fulfill the escrow requirements shall constitute an incomplete application and may be considered sufficient grounds for denial of said application by the Board of Appeals.

NEW ENGLAND FUND REQUIREMENTS are in addition to the above requirements.

The number of affordable housing units, the income eligibility standards, how the developer will comply with the limited dividend aspect of the program.

Market analysis.

Future affordable sale price criteria.

The exterior of the affordable units shall be indistinguishable from the exterior of the market-rate units.

Affordable units shall be dispersed throughout a project.

$250 plus $10 per dwelling unit

In addition to this filing fee the ZBA may employ outside consultants to provide technical or legal assistance in reviewing a comprehensive permit application.  Whenever feasible, as determined by the ZBA, the ZBA will work cooperatively with the developer to identify appropriate consultants.  The ZBA may require the developer to pay all or part of the consultant’s fees.  Consultants may include but not be limited to special counsel to the ZBA, traffic, design review and or real estate consultation.   

Applicants are strongly encouraged to meet with Town staff and the Affordable Housing Committee prior to submitting an application.

The Zoning of Appeals will notify all local boards, commissions and officials of the filing within 10 days of receipt of the Comprehensive Permit.  Notification shall be sent to the Board of Selectmen, the Board of Health, the Conservation Commission, the Planning Board, the Affordable Housing Partnership Committee, the Holden Housing Authority, the Transportation/ Circulation Committee, Holden Historical Commission.  And the following Town Departments; the Town Manager, The Department of Public Works, the Police Chief, Fire Chief, Building Commissioner.  The Town Administration will distribute the necessary documentation but plans must be provided by the applicant.  

The Affordable Housing Partnership Committee will provide a written recommendation to the Zoning Board of Appeals within a reasonable amount of time from the date of submission of the Comprehensive Permit.  

Town Administration will conduct a staff meeting with the applicant, or a representative of, within 25 days or receipt of the application.

The ZBA will open the public hearing for the Comprehensive Permit within 30 days from the date of receipt of the application.  

Affordable units must be made available to households who have an income of 80% or less of the median income of the area as determined by the Massachusetts Department of Housing and Community Development.  

The applicant must submit certification of total development costs and total revenue on a federal income tax basis, prepared and certified by a CPA acceptable to the monitoring agent and the Town.

All profits in excess of the 20 percent of project costs must be allocated to the Town and used for purposes of affordable housing.  

All affordable units in a comprehensive permit application must remain so in perpetuity.  

The Zoning Board of Appeals must file a decision within 40 (forty) days of the close of the public hearing.