Board of Appeals Rules for filing Applications Instructions
617-898-4932
PLEASE READ ENTIRE PACKAGE BEFORE SUBMITTING APPLICATION
You must First see the Building Inspector to see if you need a Variance or Special permit and then come to the Board with his letter denying you a building permit along with the following information to obtain an application form.
Application must be filed with the Board of Appeals at the Town Hall and be accompanied by a check payable to the Town of Milton in the amount of $100.00. All fees are non-refundable.
The petitioner shall pay for all postage associated with your petition. ( Postage includes Abutters Mailing, Mailing to Abutting Planning Boards, Fee Letter to Petitioner,Post Hearing notification,and Decision to Petitioner.) The total amount of Postage must be paid by check ( Made out to the Town of Milton) prior to your hearing.
The Legal notice will be placed by the Board of Appeals and paid by the petitioner prior to the Hearing.
The Application shall also include:
4 copies of each:
Plans and Decisions (s) from any other Boards or Commissions.
Denial letter received from the Town of Milton, Building Department. Dated no later than thirty day's past.
Certified plans of the property involved, including measurements height of structure and lot coverage ( Structures and Impervious Surface).
The application shall state if the petitioner is the owner of the land or their agent. If agent; a Letter, authorizing the agent to speak for all owners.
Provided plans, maps or other instruments referred to in the application to be used as a basis for establishing the claim, which the petitioner/agent must cite.
Decisions from other Boards or Commissions, if any, must be completed before this application can be filed.
The Appeal process time frame:
Completed Application and all required Documentation is filed with the Town Clerk, starts the process. The Board has 65 day's to schedule a public hearing. The Board has 100 day's, from the start of the process, to render a decision on a Variance. The Board has 90 day's, from the close of the hearing, to render a decision on a Special Permit.
The public hearing must be published in a local newspaper for two consecutive weeks and the first week cannot be closer than two weeks to the public hearing date.
When the public hearing is closed, and the petition is granted or denied/withdrawn, the board has 14 day's to file it's decision with the town clerk.
From the date we file with the town clerk there is a twenty day appeal period where anyone aggrieved by our decision may appeal it to the Superior Court.
If after twenty day's there are no appeals to Superior Court, bring your Mylar to the Town Clerks Office and it will be signed. You will want to bring your Mylar and Decision to the Registry of Deeds for Recording. They will give you a Signed receipt/paperwork that you must bring with you when you return to the building department for your building permit.
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