Zoning Board of Appeals

Establishment and Appointment

A Zoning Board of Appeals is hereby established for the Town of Cheshire, said Board to consist of three (3) members and three (3) associate members.

The Board of Selectmen shall appoint members and associate members of the Board of Appeals for terms of such length and so arranged that the term of one member shall expire each year.

The Zoning Board of Appeals shall elect annually a chairman from its own number and a clerk, and may, subject to appropriation employ experts and clerical and other assistants.

Vacancies shall be filled for unexpired terms in the same manner as original appointment.

The Chairman of the Zoning Board of Appeals may designate any associate member to sit on the Board in case of absence, inability to act or conflict of interest on the part of the member thereof or in the event of a vacancy on the Board until said vacancy is filled in the manner provided in this section.

Powers of the Zoning Board of Appeals. The Zoning Board of Appeals shall have the following powers:

(1) To hear and decide appeals in accordance with Section 11.4 of the Zoning Bylaw.

(2) To hear and decide applications for special permits upon which the Board is empowered to act under the Zoning Bylaw

(3) To hear and decide petitions for variances as set forth in Section 10.2 of the Zoning Bylaw

(4) In exercising the powers granted in the Zoning Bylaw, the Zoning Board of Appeals may in conformity with the provisions of Chapter 40A, make orders or decisions, reverse or affirm in whole or in part, or modify any order or decision, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.

The Zoning Board of Appeals shall have the power to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of this Bylaw.

Petition Filing Procedures. A petition for a variance shall be filed with the Town Clerk and a copy of the petition, including the date and time of filing certified by the Town Clerk, shall be filed forthwith by the petitioner with the Zoning Board of Appeals.