What is a Variance, Special Permit, and a Zoning Board?

Here's some information on zoning permits and the zoning board of appeals process. This post provides some details on permits, what to expect at a hearing, the notification and appeals process.

 

• Variances, Special Permits, Appeals:
• Variances are authorizations to use land or structures in a manner that is otherwise prohibited by the Zoning By-Law.
• Dimensional variances relate to such zoning requirements as area, frontage, width, or depth.
• Use variances relate to regulation of categories of uses in particular zoning districts.
• Special permits are authorization to use land or structures for a specific use, which is expressly permitted by the special permit, provided general guidelines as detailed in the By-Law and specific conditions arising from the review process itself are met.
• Special permits are designed as a flexible tool to assure that the use is in harmony with the intent and purposes of the By-Law.
• Appeals are reviews of the decisions or orders of Zoning Code Enforcement officers by the Board of Appeals.
• The Board may uphold, reverse, or modify the official's decision. Appeals must be filed within 30 days of the date of the decision or order.

 

• Hearing Schedule:
• By law, the Board of Appeals must open its hearing on an application not later than 65 days after the filing date.
• All meetings are open to the public.
• Notice of the hearing will be advertised for two consecutive weeks, with the first publication not less than 14 days prior to the hearing date. Notices to direct abutters, abutters to abutters if within 300 feet of the subject property, are mailed at least two weeks before the hearing.

 

• The Hearing:
• At the hearing, the applicant will be asked to present your case to the Board. This can be as simple as stating the request and the reasons the applicant believes it should be granted or as involved as presenting expert testimony with maps, plans and documents.
• The Board then may ask questions to clarify any portion of your request or presentation. The public then may ask questions or make statements in support or opposition to your request.

 

• Decision Deadlines:
• The Board of Appeals must vote its decision on a variance not later than 100 days from the Application filing date and on a special permit no later than 90 days following the close of the public hearing.
• Any of the statutory hearing and decision deadlines may be extended by mutual agreement of the Board and the applicant. Notice of such agreement is filed with the Town Clerk by means of letter submitted from the Applicant to the Zoning Board.
• At the same time the Board's written decision is filed with the Town Clerk, copies of it will be mailed to the applicant, and property owner if other than the applicant. Notice of the decision is mailed to, applicant, property owner, and abutters.

 

• Court Appeals:
• Zoning decisions may be appealed to Massachusetts Superior Court during the twenty-day period after the date the written decision is filed with the Town Clerk. During that time, no construction permits will be issued; no work may commence.

 

• Decision Recording:
• When the 20-day appeal period has expired without appeal, a certified copy of the Board's decision must be filed with the Registry of Deeds or Land Court. The Building Inspector will ask to see evidence of that recording when the applicant applies for a Building Permit.

 

• Lapse of Zoning Relief:
• If the rights granted by a variance are not exercised within one year of the decision filing date, the variance lapses. The Board of Appeals may grant an extension of up to 6 months, provided the extension is requested prior to expiration of the variance.
• The rights granted by a special permit lapse after two years, if not exercised. Special permits may be extended for good cause, at the Board's discretion, after new notice and hearing.

--
BHR Blogger