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LONGMEADOW ZONING BOARD OF APPEALS The Town of Longmeadow has both a general and a zoning by-law. To understand the role of the Zoning Board of Appeals, it is necessary to understand the purpose of the Zoning By-Law. The purpose is as follows:
The Board of Appeals is charged as you will see below, and "special exceptions" are part of their role as stated on the first page of the By-Law:
What this all really means is that we have a set of regulations and there may be legitimate cases where residents should be allowed a certain exception. It is up to the Zoning Board of Appeals to make these determinations. There are also a number of other instances where the Board has jurisdiction or is the first line of appeal. Some examples would be a resident's right to appeal a decision rendered by the Building Commissioner where they are impacted in some way, either directly or indirectly. Perhaps the Building Commissioner has granted a Building Permit to your next door neighbor and you feel that there are reasons why such a permit should not have been issued. Perhaps there are some mitigating circumstances involving topography or soil conditions that you fear may have an impact on your property. Under the law, you are entitled to appeal the issuance of that permit, and your appeal will be heard by the Zoning Board of Appeals. If a leased commercial space in one of our shopping areas is changing hands, and the "use" is also changing from a card shop to a coffee shop, the new lessee has to seek "a finding of adequate off-street parking" because the parking requirements for a retail card shop and that of a coffee shop are different. This is also a function of the Zoning Board of Appeals. The Zoning Board of Appeals is not an enforcement agency. While residents may appeal an enforcement order given by the Building Commissioner, the Building Commissioner is charged with enforcement of the Zoning By-Laws. The Board may call for specific conditions in a decision, but it is up to the Building Commissioner to respond to any reports of violations or incidents where it is alleged that such specific conditions are not being followed. The Board is made up of five members and three associates. Members serve 5-year terms and associates serve 3-year terms. The Board annually elects a Chairperson. The make-up of the present Board as of June 27, 2006 is as follows: Ellen W. Freyman, Esq. Daniel Plotkin Russell H. Preston III Mark Sirulnik Chapter 40A of the General Laws of the Commonwealth requires that once an application has been completed, that a public hearing be scheduled within 65 calendar days. Meetings are scheduled to hear as many as five petitions, and all must be heard within the 65 day time frame. Thus, meetings are scheduled on an "as-required" basis, and typically are held 10 to 14 times annually. Meetings are usually held on Monday or Tuesday in the Community House, and commence at 7:30 P.M. All hearings (meetings) are open to the public and anyone can attend. If someone in your neighborhood is scheduled to appear before the Zoning Board of Appeals, public notices will be posted in the Springfield Republican, at the Town Hall and on the Town Website. If you are an abutter or if your property line is within 300 feet of someone who has applied for a public hearing before the Board, you will receive a notice in the mail. Application for Hearing/ Appendix 1 Consider using the Acrobat Reader search tool for finding specific items in these large documents.
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