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:
"For the purpose of promoting the
health, safety, convenience and welfare of the inhabitants of
the Town of Longmeadow, under authority of the provisions of
Chapter 40A of the General Laws of Massachusetts, the height,
number of stories, size of buildings and structures, the size
and width of lots, the percentage of lot that may be occupied,
the size of courts, and other open spaces, the density of population,
and the location and use of buildings, structures, and land for
trade, industry, residence and all other purposes, are hereby
restricted and regulated as hereinafter provided."
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:
"....shall act on all matters within
its jurisdiction under this by-law and said Statute any amendments
thereof in a manner prescribed therein and with the power, in
appropriate cases, and subject to appropriate conditions and
safeguards, to make special exceptions to the terms of this by-law
in harmony with its general purpose and intent, and in accordance
with general or specific rules herein contained, and the laws
of the Commonwealth."
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
2008 is as follows:
Meeting notices for the Longmeadow ZBA are
usually posted on the Town Calendar and Longmeadow Community Bulletin Board.
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 Reminder or 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.
The Town By-Laws (General
+ Zoning) are available for viewing and searching on the website.
Consider using the Acrobat Reader search tool for
finding specific items in these large documents.
Permitting Guidebook A useful
guidebook for citizens, businesses and property developers to
understand the "permitting" process in the town of
Longmeadow. This guidebook also includes the instructions
and process for the ZBA application and hearing.