Carl Lindley, Jr.
The Oakham Zoning Board of Appeal sets meeting and hearing dates on an as need basis. All meetings and hearings are open to the public. Meetings are posted at least 48 hours in advance. Legal ad notices for hearings must run in a local newspaper (The Barre Gazette) for 2 consecutive weeks, the last ad being run 7 days prior to the hearing date.
It is the duty of the Zoning Board of Appeals to maintain the integrity of the Town's by-laws as voted by the residents of the Town at a Town Meeting.
It should also be noted that no one is entitled to a variance;however,the variance granting authority has the power,after public hearing for which notice has been given by publication and posting as provided in MGL.c.40A s.11 and by mailing to all parties in interest, to grant upon appeal or upon petition a variance from the terms of the applicable zoning ordinance or by-law where such variance granting authority specifically finds that:
(1.) owing to circumstances relating to the soil conditions, shape of the property or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant,
(2.) desirable relief may be granted without substantial detriment to the public good,
(3.) without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law.
It is strongly suggested that anyone applying for a variance enlists the aid of a land consultant or attorney to ensure that all required information for a hearing is prepared and then presented in a manner according to law.