Zoning Board of Appeals
|John J. McNicholas||Chair||2024|
|Michael W. Whitcher||Member||2022|
|Charles H. Peck||Associate Member||2022|
|Jared Spinelli||Associate Member||2022|
|Jared Gustavson||Associate Member||2022|
The Board of Appeals for Zoning (ZBA), as defined by Massachusetts General Laws, Chapter 40A, consists of three members and three associate members, who participate in hearings if regular members are absent. One member is appointed by the Selectmen annually for a three-year term.
The Board of Appeals reviews questions which concern the Zoning Bylaws. A property owner denied a permit or wishing to contest a decision of the Building Inspector may bring an appeal to the Board. A public hearing is held at which abutters and/or other interested parties may speak on the issue. Decisions of the ZBA are final unless the petitioner takes the matter to the Superior Court. The Building Inspector has authority to enforce decisions of the Board of Appeals.
The Zoning Bylaw of the Town, in many instances, states that a certain usage of land or a building is permitted within a given zoned area "with the approval of the Board of Appeals." Under certain conditions a resident may operate a business from home with the approval of the Board of Appeals.
ZBA Application & Rules and Regulations: HERE
1. Please make contact with the Building Commissioner for review of your zoning relief request. Section 6 Findings Worksheet to determine if any nonconformities exist and if any preexisting nonconformities are being extended, or new nonconformities are being created.
2. Please contact the Town Planner for information on the meeting schedule and agenda availability
3. Please contact the Board of Health for stormwater review as early in the process as possible if your project meets the following criteria:
The construction, extension, or alteration of any subdivision or of any structure or project requiring site plan approval, or a special permit in the Flood Plain, Watershed Protection, or Aquifer Protection Districts.
Getting a stormwater approval from the Board of Health before ZBA will reduce duplication of consultant review fees.
Public Hearing Protocols
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Projects Under Review:
March 2, 2022
Hinkley South LIP 40B, off Ice House Rd (application and plans)