Plans & Zoning Frequently Asked Questions
- Who makes up the Board of Appeal?
- What does the Board of Appeal do?
- When do I need to apply for a hearing before the Board of Appeal?
- Where do I file the Appeal from?
- How much does it cost for filing an Appeal form?
- Which agency reviews Board of appeal applications?
- What happens when the Board denies appeals?
- Who is the Board of Appeal?
The Board is made up of seven professionals appointed by the Mayor for three-year terms. They meet on Tuesday mornings at 9:30 a.m. in Room 801, City Hall. Meetings currently are held twice a month, with additional meetings scheduled at various times.
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- What does the Board of Appeal do?
The Board hears appeals for varying the application of the Zoning Code and determines when it is appropriate to grant deviations from Code restrictions. The Board may also consider a request for an interpretation of the Zoning Code or an appeal from an order or decision of the Commissioner of Boston Inspectional Services. The Board may also hear requests to grant relief from the provisions of the Massachusetts State Building Code.
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- When do I need to apply for a hearing before the Board of Appeal?
If you have received a further relief required (refusal) letter from the Boston Inspectional Services Department, denying your application for a permit, you have 45 days to apply for a public hearing before the Board. At the hearing, you will have an opportunity to state why you believe you are in compliance with the Zoning Code and why relief should be granted.
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- Where do I file the Appeal from?
File the appeal form and appropriate fees with the Cashier at the Boston Inspectional Services Department. We ask that the appeal be filed in person, or by someone representing you, so that we may check the form for accuracy and make sure it is filed within 45 days from date of the refusal letter, as the law requires.
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- How much does it cost for filing an Appeal form?
The fee for filing the appeal form is a total of $100 for any violations concerning residential structures of three units or less. The fee is $150 for each violation of the Zoning Code for all other structures. The fee for an appeal on State Building Code violations is $150 for each violation on all non-residential projects and residential projects of four families or more. The fee for an appeal on State Building Code violations for a residential project of three families or less is $100, no matter how many violations have been identified. All fees, including State Building Code violations, must be paid to the Cashier at the Boston Inspectional Services Department at the time of filing the appeal form. Payment must be in cash, money order, Mastercard, or Visa. Personal checks are accepted.
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- Which agency reviews Board of appeal applications?
The Boston Redevelopment Authority (BRA), the planning agency for the City, reviews all Board of Appeal applications and makes written recommendations to the Board. The BRA and the Mayor's Office of Neighborhood Services also may solicit and/or receive input from abutters and community groups and, if appropriate, will arrange meetings. A representative from these agencies attends all hearings. The Office of Business Develop-ment is available to assist businesses and commercial enterprises in their interactions with the City approval process. All of these agencies stand ready and willing to help you.
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- What happens when the Board denies appeals?
If the Board denies your appeal, you must wait one year to refile an appeal, unless the proposal is substantially changed or unless the Board dismisses it without prejudice. In that event, you may refile without waiting the mandated one-year period.
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