Filing Procedures

Procedures for Filing Zoning Board of Appeals Applications
 
1. Building Permit Application
Upon receipt of a Zoning Review Application, the Zoning Administrator will issue a Zoning Determination indicating the relief required from the Zoning Ordinance.  The Zoning Determination indicates which Boards/Commissions you need to go to and which forms need to be completed.
 
2. Application Form(s)
Petitioner completes the required application form(s).  Once applications are complete and fees have been paid, staff will schedule the public hearing.  Hearings will be scheduled within 65 days of receipt of a complete application.
 
3.  Newspaper Notice
Notice of the applicant's public hearing will be published in the Newburyport Daily News once in each of two successive weeks, the first publication to be not less than 14 days before the date of the hearing. The Office of Planning and Development will prepare the ad and submit it to the newspaper for publishing.
 
4. Abutters List
The Office of Planning and Development will obtain a certified abutter's list from Assessor and mail the public hearing notice to direct abutters and to abutters to abutters within 300’ of the subject property. 
 
5.  Hearing
The Zoning Board will hold a public hearing where the applicant is expected to explain their request in detail.  The Board will allow anyone interested to speak for or against the project.  Then the Board will have the opportunity to ask questions of the applicant.  Once the Board is satisfied that they have enough information to make a decision, they will enter deliberations where they will decide upon the outcome.
 
6. Notice of Decision
Once a decision has been made, notice of the Board's decision will be sent to the applicant, the property owner (if different), and all abutters. Any appeal of the Board's decision must be made within 20 days after the Decision is filed with the City Clerk.  Appeals must be made to Land Court pursuant MGL Ch. 40A, Sec. 17.
 
7.  Certification of No Appeals
After twenty (20) days from the decision filing date has elapsed, the applicant may bring the decision into the City Clerk's office so they can attest that no appeals have been filed.
 
8. Recording the Decision and Accompanying Plans
The Petitioner is responsible for recording the decision and any accompanying plans at the Essex South Registry of Deeds, in Salem, Massachusetts.  No building permit shall be issued until proof of recording is provided and any special conditions have been met.
     
9. Withdrawal
Any application which has been transmitted to the Zoning Board of Appeals may be withdrawn by the petitioner without prejudice prior to publication of the notice of public hearing, but thereafter may be withdrawn without prejudice only with the approval of the Board of Appeals.
 
10. Repetitive Petition
No Appeal, application, or petition which has been unfavorably acted upon by the Board of Appeals shall be favorably acted upon within two years after date of final unfavorable action unless the Board of Appeals finds,  by unanimous vote, specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the record of its proceeding, and unless all but one of the members of the Planning Board consents thereto and after notice if given to all in interest of the time and place of the proceedings when the question of such consent will be considered.                  
 
If at any time you have questions about the process, feel free to contact Planning Department staff at 978-465-4400 or planning@cityofnewburyport.com.