Public notice requirements
(a) Applications requiring public notice. Any application or appeal filed under this chapter or chapter 32 except for those reviewed administratively shall require public notice.
(1) Notice requirements—Special use permits. For public notice of applications for a special use permit notice shall be given at least 14 days prior to the date of the hearing in a newspaper of local circulation in Foster. The same notice shall be posted in the town clerk's office and one other municipal building. The notice shall be made accessible on the home page of the town website at least 14 days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant. Notice shall specify the date, time, place, and purpose of the hearing. Notice of the hearing shall be sent by first-class mail to the applicant and to at least all those who would require notice under G.L. § 45-24-53. The notice shall also include the street address of the subject property.
(2) Notice requirements—Use and dimensional variances. For public notice of applications for use variances and dimensional variances notice shall be given at least 14 days prior to the date of the hearing in a newspaper of local circulation in Foster. The same notice shall be posted in the town clerk's office and one other municipal building. The notice shall be made accessible on the home page of the town website at least 14 days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant. Notice shall specify the date, time, place, and purpose of the hearing. Notice of the hearing shall be sent by first-class mail to the applicant and to at least all those who would require notice under G.L. § 45-24-53. The notice shall also include the street address of the subject property.
(3) Notice requirements—Unified development review. Notice for special use permit, development plan review, use variance and dimensional variance requests submitted under unified development review provisions shall indicate that development plan review(s), dimensional variance(s), use variance(s), and/or special use permits) are to be considered for the subdivision and/or land development project. A public hearing on the application, including any variance and special use permit requests that meets the requirements of G.L. § 45-23-50.1(d) shall be held prior to consideration of the first stage of land development and/or subdivision reviews by the planning board. The planning board shall conditionally approve or deny the requests for the development plan review(s), variance(s) and/or special use permit(s) before considering the first application stage of the land development or subdivision application pursuant to G.L. § 45-23-50.1(b).
(4) Unified development review—Order of submissions. Requests for variances and/or requests for the issuance of special use permits related to subdivision or land development projects shall be submitted as part of the application materials for the first stage of reviews pursuant to G.L. § 45-23-50.1(b). All subdivision or land development applications submitted under the unified development review provisions of a zoning ordinance shall require a public hearing, which shall meet the requirements of G.L. § 45-23-50.1(d).
(5) Appeals. Notice requirements for appeals made to the zoning board of review are set forth in G.L. § 45-24-66. The timeframe for appeal by an aggrieved party is set forth in section 38-91. Notice requirements for appeals made to the superior court are set forth in G.L. § 45-24-69.1.
(b) Notice area.
(1) Notice distances. Public notice of the hearing shall be sent to all property owners within a minimum of 200 feet of the subject property.
(c) Notice cost. The cost of all newspaper and mailing notices shall be borne by the applicant. Any party may appear at the hearing in person, by agent or by attorney.
(d) Severability. Where this section is in conflict with another section of this chapter or chapter 32, this section shall apply.
(Ord. of 1-11-2024(2); Ord. of 9-26-2024(3))