Getting the news that your real estate project was denied by the zoning board is frustrating. When you put a lot of time and effort into something only to learn that it may not come to fruition, it can be exasperating.
Fortunately, a denied project is not the end of the road. You can keep pushing forward by appealing the ruling. In today's post, we will take you through the process of appealing a decision made by the Boston Zoning Board of Appeals.
First You File
The first step in seeking to overturn the ruling against your project is to file the appeal. You must file in person at Inspection Services, and your appeal must be submitted within 45 days of your project being denied. Your filing has to include your fee, which starts at $150 and may vary depending on your project.
Prepare For Your Hearing
The next step is to prepare for your hearing. The hearing will be public and announced at least 20 days before it will take place. Because the hearing is public, anyone can attend, but the Zoning Board of Appeals may notify certain groups directly if it believes they will be impacted by your project. Those groups or individuals could include local officials, property owners in your neighborhood, and certain community groups.
As you prepare to defend your project at the hearing, make sure to gather supporting documents and statements from other professionals that can bolster your case. You will be allowed to have an attorney, architects or other professionals at the hearing with you, so start thinking about who would best support your case.
Wait For The Results
You should know whether your appeal was accepted or denied within a few weeks. If your project is denied again, you will have to wait one full year to file another appeal.
Because of this lengthy waiting period, it is very important to give yourself the best chance possible at your first hearing. One way to do this is to work with an experienced land use and zoning attorney.
An attorney can guide you through the appeals process, explain how you can best support your case, and help represent you at the hearing itself. Your attorney can also ensure that your rights are not violated at any point throughout the process.