Zoning Process Step Three: Appear at the Hearing
On the date and at the time specified in the notice sent to you, appear at the Hearing Room, Room 801, on the eighth floor of City Hall. The Board will read into the record the specifics of your particular case and you will then be called upon to present your case. You have the right to be represented by a lawyer, architect, or other professional. Be prepared with supporting evidence such as photographs, building models, tax bills, petitions signed by abutters, or any other evidence you determine relevant.
If you choose not to pursue your appeal, prior to legal advertising and notification, you should submit your request in writing to the Board so that the Board can withdraw the case, with no penalty to you.
Once notice has been published and mailed, and you choose not to continue the appeal process, present to the Board either in person or by mail a letter requesting to withdraw your case. This must be in writing and protects your right to an appeal in the future.
You cannot cancel a hearing date after it has been advertised and the abutters have been notified. You may choose to be represented by another party if you are unable to appear personally. Your agent may proceed forward with your case or request a deferral. The Board may in its discretion grant a deferral, but is not obligated to do so.
If you choose not to continue the appeal process, you may request that the Board dismisses it without prejudice, but this request must be made prior to the merits of the case being heard. This action would allow you to initiate the process again at your convenience without waiting a full year.
At the hearing, after reading the case into the record, the Board will call upon you to present your case. You should be prepared with testimony, documents, and materials as noted above. The Board will then take testimony from those in favor and then from those in opposition. You will then have the opportunity to rebut what you have heard. In most cases, the Board will make a decision on that date. On occasion, the Board will choose to defer the matter to a later date.
©2008 The City of Boston