Since the burden of proof is on the applicant, it is important that you provide good documentation to support your application. The ZBA, when reviewing your application, may suggest additional documentation as may be required by the by-laws . However, it is best if you read the Zoning Bylaw carefully to determine beforehand what documentation is required and what additional information will help your case. The ZBA uses the guidelines that follow when evaluating the completeness of supporting documentation.
Each application for a special permit or variance must include a plot plan stamped by a Massachusetts Registered Surveyor showing the following information (the applicant may ask the board at an application review to waive or limit this requirement):
- All existing and proposed physical and sanitary structures within 150’ of the applicant’s proposed or existing sanitary structures, whether on the applicant’s lot or on adjacent lots.
- Town right of ways and all existing easements.
- Applications must include all supporting documentation specifically required by the by-laws.
- Applications for variances must include documentation that demonstrates the specific conditions.
- Appeals should include all pertinent information to support the appeal. If possible, certified copies of documents should be obtained.
Additional plans, sketches, photographs, and any other pertinent information that will help present the case before the Board should be included with the application.
Abutters List is a list of all "parties in interest” and their addresses. Upon request, the Assessor's Office will compile this list and certify that the list contains all of the names and addresses of parties of interest as they appear on the most recent applicable tax list. (Please allow two weeks for compilation of the abutters list). The Abutters List must be submitted to the Town Clerk along with the application.
"Parties in interest" shall include, but not be limited to:
- The applicant
- The owner of record
- All abutters
- Owners of land directly opposite on any public or private street or way, and
- Abutters to the abutters within 300 feet of the applicant’s property line, regardless of whether any such land is within the town of Shutesbury,