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Hearing dates are scheduled in the order in which the appeals are received.  Applicants may call the Board of Appeal office two weeks after filing to find out the anticipated hearing date.  All dates are tentative and subject to change, pending the formal notification process.

Legal notice of the hearing, the time and place is published in the Boston Herald or The Boston Globe at least 20 days prior to the hearing date. A notice is mailed to the applicant, as well as other persons deemed by the Board to be affected, which include:  immediate abutters, local elected officials, community groups, and any party requesting notification. By law, a hearing cannot take place until after the required notice.

Once the date and time is specified in the notice sent, the applicant must appear at City Hall, Hearing Room 801, 8th floor. The Board will read into the record the specifics of the particular case and the applicant is called upon to present the case. Applicants have the right to be represented by a lawyer, architect or other professionals. They must be prepared with supporting evidence such as: photographs, building models, tax bills, petitions signed by abutters or any other evidence deemed relevant.  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. If the applicant chooses not to pursue the appeal prior to legal advertising, a written notification should be submitted to the Board requesting the Board withdraw the case, with no penalty. Once notice has been published and mailed, the applicant must present to the Board either in person or by mail a letter, requesting to withdraw the case. This protects the applicants right to an appeal in the future. The applicant cannot cancel a hearing date after it has been advertised and the abutters have been notified. They may choose to be represented by another party if they are unable to appear personally. The agent may proceed forward with the case or request a deferral. The Board may in its discretion grant a deferral, but is not obligated to do so. If the applicant chooses not to continue the appeal process, they may request that the Board dismiss it without prejudice.  However, this request must be made prior to the merits of the case being heard. This action would allow the applicant to initiate the process again at their convenience without waiting a full year. After the petition has been verbally approved, a written decision must be prepared by the Board of Appeal and submitted to the Law Department.  This is a final legal document and remains a part of the permanent record. The Law Department will forward it to the Board for additional review and preparation for Board signature. After the signature process is complete, this department initiates the formal notification process, which takes approximately 15 working days. All those who were notified of the public hearing are now notified of the Board’s decision in this matter.  The written decision, along with the permit application and plans are forwarded to ISD, Planning and Zoning Division.  The forwarding date is commonly referred to as the “date of recording,” which triggers a 20-day appeal period, at which time an appeal to the Board’s decision may be taken. It generally takes three weeks from the date your decision is signed to be forwarded to ISD.
 

The applicant may call support staff at (617) 635-5300 to arrange an appointment with a Plans Examiner assigned to review the application.  At this time the Examiner must review the plans for compliance with State Building Code requirements including electrical, mechanical, fire protection, structural and egress regulations. Some applicants submit stamped structural and construction drawings at the time of initial zoning review.

If the Board denies an appeal, the applicant must wait one year to re-file an appeal, unless the proposal is substantially changed or the Board dismisses it “without prejudice.”  In that event you may re-file without waiting the mandated one-year period.
 

Most projects involving construction approved by the ZBA are subject to design review by the Boston Redevelopment Authority (BRA). Once Board approval has been received, the applicant must contact a BRA representative to arrange a meeting which will initiate the design review process.

Remember the Board always remains the final arbiter throughout the design review process and will be notified when a decision is reached. In some cases, the Board may attach other conditions requesting further information (e.g. engineer’s report, more specific plans, etc.) and, although the Board may have granted approval,  the decision will not be signed and processed until these requirements have been satisfied. 

In addition, decisions granting approval for certain uses, such as: take-out restaurants or parking lots, will often include operational conditions.  For example, hours of operation, placement of trash receptacles, and identifying carry-out containers with name of business, which may require additional permits and review.

NOTE: Under the revised Zoning Enabling Act, the Board’s decision must be filed with Boston Inspectional Services Department within 90 days of the date of hearing. In order to meet this
timeframe, you must prepare and file your decision with the Board of Appeal office. Under extenuating circumstances, and for good cause, it is possible for the Board to extend the filing date.

It is extremely important  to complete the process to the final step. The permit and/or occupancy certificate cannot be issued until all the paperwork is in place and all requirements are met. If the process is not finalized, it may be necessary in the future to initiate the entire process once again, from the very beginning!