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Land use and zoning regulations fall under Chapter 40A of
Massachusetts General Laws. You can view and search this chapter
at the state website:
MGL
Chapter 40A
The Zoning Board of Appeals serves two functions. First, they are
empowered to issue special permits and variances. Second, they are the
local authority where someone who feels aggrieved may appeal an
enforcement order issued by the Zoning Enforcement Officer specifically
when the order alleges a violation of the Ipswich Zoning Regulations. The
Board can also overturn a ruling or decision of the Zoning Enforcement
Officer. Orders issued under the Massachusetts Building Code (780 CMR) may
be appealed to a different board (State Building Code Appeals Board).
Several uses mentioned in the Table of Uses,
Ipswich Zoning Bylaw [IBL],
section V-D would only be allowed if the Board chooses to grant a special
permit. These uses are shown by [SBA] in the tables.
Special permits may also authorize an expansion of a previously existing,
non-conforming use or structure as outlined in [IBL], II-B & XI-J.
Existing non-conforming structures and uses are most commonly referred to
as Grandfathered. Special
Permit Application
The Zoning Board may also issue a variance. This would allow a use that is
ordinarily prohibited or a structure to be constructed, expanded or altered where the
bylaw would otherwise prohibit such expansion or alteration.
Variance
Application
Variances should only be granted where a hardship exists and only when the
hardship is directly related to the land. Some examples are soil
characteristics, shape or topography. If someone feels there is a
financial hardship, it must also be related to the land in some manner.
Special permits could be granted if the proposed work or use does not have
a detrimental effect on the surrounding neighborhood. Some of the general
categories of consideration are any increase of traffic, parking, noise,
dust odors etc.
The Ipswich Zoning Board of Appeals meets the third Thursday of each month
except during December.
All applications must be filed in the Town
Clerks office by 4:00 PM; dates are subject to change.
Meetings are posted in Town Hall at least 48 hours prior to
meeting.
Meeting Minutes
Filing Dates - next 12
months
|
Meeting |
File by 4:00 PM |
| January 21, 2010 |
December 22, 2009 |
| *February 25, 2010 |
January 26, 2010 |
| March 18, 2010 |
February 23, 2010 |
| April 15, 2010 |
March 23, 2010 |
| May 20, 2010 |
April 20, 2010 |
| June 17, 2010 |
May 25, 2010 |
| July 15, 2010 |
June 22, 2010 |
| August 19, 2010 |
July 20, 2010 |
| September 16, 2010 |
August 24, 2010 |
| October 21, 2010 |
September 21, 2010 |
| November 18, 2010 |
October 26, 2010 |
| December |
NO MEETING |
| January 20, 2011 |
December 21, 2010 |
*please note – this date is a change from the usual 3Rd
Thursday of the month.
Applications
are available at Town Hall (25 Green St.) or
on this website. The meetings are conducted on the third (3rd)
Thursday of the month.
The Ipswich Zoning Bylaw may be purchased with the zoning map at the Town
Clerks’ office. There is also a version on this website that may be viewed
and downloaded.
Please make sure to plan your projects with enough time for waiting out
any subsequent appeal periods once a variance or special permit is
granted.
The Zoning Board usually makes their decision the night of the hearing.
There is nothing that prevents the Board from continuing the hearing and
voting at a later time. Once the decision is made by vote of the Board,
the written decision is filed in the Town Clerks’ Office. There is then a
twenty (20) day appeal period after the decision is filed.
If no one appeals the decision (in court) it must be filed with the
property deed at the Salem Registry of Deeds. It does not become a legal
instrument until it is filed and must be filed within one (1) year.
No building permit or use/occupancy certificate can be issued (if
required) until the special permit or variance is recorded at the
registry.
Questions about use of land or structures should be directed to Jim
Sperber at (978) 356-6605 ext. 2. Procedural questions may be directed to
Marie Rodgers at
(978) 356-6605, ext. 5. |