AMNESTY BY-LAW

            Any resident of the Town of Goshen who owns a residential lot that does not meet size and frontage requirements of the current By-Law contained in Section V may apply for a grant of amnesty from the Town of Goshen.  The application form is the same used for special permits.

            The application must be received within one year from the date that this Amnesty By-Law becomes effective.

            The applicant must prove by convincing evidence one of the following conditions:

            1.         The property has been used as a principle or primary residence for three uninterrupted consecutive years before the date that this By-Law becomes effective.  This can be proven, for example, by personal testimony, financial records showing payments for heat and electricity, personal records, improvements already made to the dwelling or land to accommodate year-round occupation, and the lack of any other residence.

            2.         The owner was misled to believe at the time of purchase, or reasonably believed at the time of conversion to year-round use, that such use was legal under the Town of Goshen By-Laws.  Having been misinformed can be proven, for example, by real estate agent records, advertisements, or other documents, demonstrating the reason for the belief that the property was a year-round property at the time of purchase or conversion.

            3.         Fairness requires a grant of amnesty to protect against imminent and severe hardship.  Loss of money alone should not be sufficient.  Loss of a family’s home, which constitutes more than a financial loss, might be sufficient.  The decision should be in the sole and final judgment of the zoning board of appeals.

            The decision of the zoning board of appeals must be unanimous.  The requirements of notice and all other requirements of law for applications filed for special permit shall be followed for all applications seeking a grant of amnesty. 

Every decision of the zoning board of appeals rendered on an application for a grant of amnesty shall be conditional for twenty days.  The decision shall be on file at the Town Clerk’s Office.

1.)                During the conditional twenty day appeal period following the initial zoning board of appeals decision, any interested person or party aggrieved may file a Request for Review with the Town Clerk’s Office. 

a.)     If a Request for Review is filed, the zoning board’s decision shall remain conditional until the Selectboard reviews the decision of the zoning board of appeals and renders its decision to the zoning board.  The Selectboard may conduct hearings as it deems just and appropriate.  The Selectboard shall communicate its approval or disapproval of the zoning board’s decision to the zoning board within thirty days of receipt by the Town Clerk of the Request for Review.  After review by the Selectboard, the zoning board of appeals, in its discretion, may adopt or reject the decision of the Selectboard within twenty days.  In its decision granting or denying the application for amnesty, the zoning board shall include its reasons for adopting or rejecting the Selectboard’s decision.

b)      If the Selectboard fails to approve or disapprove of the zoning board’s decision within thirty days, the decision of the board will be deemed adopted by the Selectboard on the thirtieth day.

 c)     If no one files a Request for Review by the Selectboard within the conditional twenty day period, the decision shall be deemed filed with the Town Clerk’s office at the expiration of twenty day period, and the standard twenty day right of appeal to the court, as with any special permit application, will commence.

2.)        After the zoning board renders its decision and after the review of the Selectboard, if required, the decision shall be filed with the Town Clerk; if no appeals were filed, the zoning board will inform the Town Clerk to that effect.

3.)                After the zoning board final decision has been received by the Town Clerk the applicant or any interested party shall have the same rights of appeal to the court as exists in decisions made by the zoning board on an applications for special permit.