Massachusetts Notice of Hearing for Variance Before Board of Zoning Appeals - Notice to be Sent by Applicant to Interested Property Owners

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Description

Zoning is a government-imposed restrictions on the use that may be made of land.
For example, a municipality may adopt a zoning ordinance that permits the construction of only single-family houses in a designated portion of the city. Zoning is used to plan future community growth and to ensure reasonable, orderly development. A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing zoning ordinance.


This form is a generic example of a notice from an applicant who is appealing a decision of a zoning board of a municipality to a higher administrative agency. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

An appeal must be filed within forty-five (45) calendar days of the date of the letter of denial. An appeal may be filed either with the local Building Code Appeals Board, if one has been established, or directly with the State Building Code Appeals Board.

What if I am dissatisfied with a decision made by the zoning board of appeals? You may take an appeal to the superior court, the district court or the land court of Massachusetts. That appeal must be filed within twenty (20) days of the date that the decision you are appealing is filed with the city or town clerk.

Variances must be exercised within one year from the date they are granted. The local zoning board may grant an extension for up to six months, as long as the extension is filed before the expiration of the one-year period. A property owner can appeal if a variance request is denied or challenged.

Appealing cases from Land Court File a notice of appeal in the Land Court Recorder's Office. For almost all cases, this should be filed within 30 days of entry of the judgment on the docket. For almost all cases, the appeal is to the Massachusetts Appeals Court.

How can I appeal? Appeals may be made to Superior Court (and in some cases Land Courts). For subdivision, site plan and special permit decisions, there is a 20-day appeal period ( from the date the decision is filed with the Town Clerk).

Procedures for Filing an Appeals Application An appeal must be filed within forty-five (45) calendar days of the date of the letter of denial. An appeal may be filed either with the local Building Code Appeals Board, if one has been established, or directly with the State Building Code Appeals Board.

20 full days must pass once the decision has been filed with the Town Clerk. This allows abutters to view the decision and file an Appeal in Court & bring a copy of the Appeal to the Town Clerk's office. Therefore letters are not available until the 21st day after the decision is filed.

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Massachusetts Notice of Hearing for Variance Before Board of Zoning Appeals - Notice to be Sent by Applicant to Interested Property Owners