Filing Procedures

 

1. Zoning Review

The first step is to file for Zoning Review. Upon receipt of the application, the Zoning Administrator will issue a written Zoning Determination listing all the relief that is required from the Zoning Ordinance.  The Zoning Determination will list the Boards/Commissions you need to go to and which forms need to be completed.  If no relief is required, you can go ahead and file for a Building Permit.

 

2. Application Form(s)

The applicant must then complete the required application form(s) through the City's online permitting portal.  Once applications are complete and fees have been paid, staff will schedule the public hearing according to this schedule. You will then be notified of the date, time, and location of the public hearing.

 

3.  Newspaper Notice

Staff will prepare a legal notice and submit it to the newspaper for publishing. Notice of the public hearing will be published in the Newburyport Daily News two weeks in a row, the first publication not less than 14 days before the hearing.

 

4. Abutters List

Staff will obtain a certified abutter's list from Assessor and mail the public hearing notice to "parties of interest" which consists of direct abutters, abutters to abutters within 300’ of the subject property, and those directly across the street. 

 

5.  Public Hearing

The Board will hold a public hearing where the applicant is expected to explain their request in detail.  The Board will then allow anyone interested to speak in favor of or opposed to the project.  After taking public comment, the Board will ask questions of the applicant.  Once the Board is satisfied that they have enough information to make a decision, they will deliberate and make a decision.

 

6. Notice of Decision

Once a decision has been made by the Board, staff will draft the written decision and file it with the City Clerk within 14 days of the close of the hearing.  A copy of the decision will be mailed to the applicant and owner (if different).  A Notice of Decision will also be sent to all interested parties informing them that appeals of the Board's decision must be made within 20 days after the decision is filed with the City Clerk pursuant to the requirements of MGL Ch. 40A, Sec. 17.  

 

7.  Certification of No Appeals

After twenty (20) days from the decision filing date have elapsed, the applicant must bring the original written decision into the City Clerk's office.  The Clerk's Office will stamp the decision and certify that no appeals have been filed.

 

8. Recording the Decision and Accompanying Plans

The applicant is then responsible for recording the written decision and any accompanying plans at the Essex South Registry of Deeds (in person or online). 

 

9.  Apply for Building Permit

You will need to upload a copy of the recorded decision to your building permit application.  Building permits will not be issued until proof of recording is provided and any applicable special conditions have been met.