The ZBA may seek
information from other Town agencies in assessing the impact of the requested accommodation on the
rules, policies, and procedures of the Town. Upon written notice to the ZBA, an applicant for a
Reasonable Accommodation may withdraw the request without prejudice. The ZBA shall consider the
following criteria when deciding whether a request for accommodation is reasonable:
1. Whether the requested accommodation would require a fundamental alteration
of a legitimate Town policy; and
2. Whether the requested accommodation would impose undue financial or
administrative burdens on the Town government. 10.8.6 Decision. After conducting an appropriate inquiry into the request for Reasonable
Accommodation, the ZBA may:
1. Grant the request;
2. Grant the request subject to specified conditions; or
3. Deny the request. The ZBA shall issue a written final decision on the request in accordance with G.L. c. 40A, s. 15. If
the ZBA fails to render its decision on a request for Reasonable Accommodation within the time
allotted by G.L. c. 40A, s. 15, the request shall be deemed granted. The ZBA’s decision shall be filed
with the Town Clerk and sent to the applicant by certified mail. 10.8.7 Appeal. The ZBA’s decision pursuant to this section may be appealed to a court of competent
jurisdiction in accordance with G.L. c. 40A, s. 17 or otherwise. 10.8.8 File. The ZBA shall maintain a file of all requests for Reasonable Accommodation under the
FHA and/or the ADA and a file of all decisions made on such requests. The file(s) may be reviewed
in the Office of the ZBA upon request during regular business hours. 10-8
10.8.9 Other Laws. While a request for Reasonable Accommodation is pending, all laws and
regulations otherwise applicable to the premises that is the subject of the request shall remain in full
force and effect. 10.8.10. Effective Date. The provisions of this Section shall apply only to requests for Reasonable
Accommodation made after May 16, 2016.