Zoning Board of Appeals

ZBA Permit Application Procedures

TOWN OF GROTON Zoning Board of Appeals - PERMIT APPLICATION PROCEDURES

[Pursuant to Chapter 53 of Acts of 2020]

On Friday, April 3, 2020, Governor Baker signed into law Chapter 53 of the Acts of 2020, An Act to Address Challenges Faced by Municipalities and State Authorities Resulting from COVID -. Section 17 of the Act modifies state and local laws governing the submission and process of permit applications for the duration of the State of Emergency declared by Governor Baker on March 10, 2020.

The Town of Groton is implementing Chapter 53, Section 17 as follows. Portions of the Act are summarized below. Please see referenced sections for complete text.

§17(a) Definitions

"Permit": a permit, variance, special permit, license, amendment, extension, or other approval issued by a permit granting authority pursuant to a statute, ordinance, bylaw, rule or regulation, whether ministerial or discretionary.

''Permit granting authority'' (or “PGA”), a local, district, county or regional official or a local, district, county or regional multi-member body that is authorized to issue a permit.

PERMIT APPLICATIONS §17(b)(i) – For so long as the State of Emergency remains in effect, the Act governs the submission of permit applications. Permit applications may be filed as set forth below (if the applicable permit granting authority is not listed in the chart below, please submit to the Town Clerk and it will be forwarded):

“An application for a permit shall be deemed duly filed and accepted as of the date of the filing by the applicant if filed with and certified as received by the town clerk.” Applications to Permit Granting Authorities may be filed either:

1. By first class mail: Application to the Town of Groton Town Clerk, 173 Main St., Groton, MA 01450, and copy of Application and all submission materials, including application fee, to the appropriate permit granting authority. Please send an email alerting the PGA that an application has been mailed to both the Town Clerk and the Zoning Assistant.

2. Electronically: Attachment of the requisite application form and supplemental materials by email to the Town Clerk with “cc” to the appropriate permit granting authority and receipt by first class mail of a check for the applicable application fee. Online payment is not available at this time.

BOARD ELECTRONIC FILING:

townclerk@grotonma.gov

with cc to: kcruikshank@grotonma.gov

HARD COPIES:

Town of Groton Town Clerk

173 Main St.

Groton, MA 01450

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About

The Board (often called the ZBA) acts in a quasi-judicial capacity on:

the issuance of certain special permit applications
petitions for variances from the requirements of the Groton Zoning Bylaw
appeals from the acts of the Building Inspector, or from the failure of the Building Inspector to act in response to a complaint from a citizen

The Board also has jurisdiction to act on applications for comprehensive permits for subsidized housing, in which it coordinates review of all other local boards except the Conservation Commission. The Board has power to receive testimony under oath. Most decisions of the ZBA may be appealed by an aggrieved to the District, Superior, or Land Court.

The first members to the ZBA were appointed in 1950.

Comprehensive Permits (Chapter 40B)

Heritage Landing (Cow Pond Brook Road)

On January 20, 2022, the Groton Select Board received a letter from MassHousing regarding a Project Eligibility application for construction of approximately 40 housing units on Cow Pond Brook (Parcel 248-42).

In accordance with Chapter 40B, the applicant is proposing 30 units at Market Value and 10 units of AMI 80% Affordable. All units will be ownership.

MassHousing issued a Project Eligibility Letter to the applicant on July 5, 2022. The applicant has two (2) years from the date of the project eligibility letter to submit a Comprehensive Permit applicatioin to the Zoning Board of Appeals.

Town Comments Request Letter – Heritage Landing – 01-20-2022

Revised Site Eligibility Application – Heritage Landing – 02-02-2022

Groton Comments – Heritage Landing – 03-24-2022

Project Eligibility Letter – Heritage Landing – 07-05-2022

Groton Farms (500 Main Street)

On June 29, 2022, the Groton Select Board received a letter from MassHousing regarding a Project Eligibility application for construction of approximately 200 housing units at 500 Main Street (Parcel 216-95).

In accordance with Chapter 40B, the applicant is proposing 150 units at Market Value and 50 units of AMI 80% Affordable. All units will be rentals.

MassHousing is conducting a site approval process regarding this development. The Select Board assembled and submitted comments from Town departments, Town committees, and the public on August 2, 2022.

Please note that this application is in the INITIAL phase, MassHousing will be reviewing this application and comments and issuing a decision at a later date. When and IF MassHousing approves this application, then the applicant will be required to apply for a Comprehensive Permit from the Zoning Board of Appeals, which is subject to public hearing.

Town Comments Request Letter – Groton Farms – 06-29-2022

Site Eligibility Application – Groton Farms – 06-28-2022

Groton Comments – Groton Farms – 08-02-2022