How do you challenge a variance?
A good way to begin the process is to circulate a petition against the zoning variance request around the neighborhood, obtain signatures, addresses and telephone numbers, and send the signed document to the entity hearing the variance request to be placed in the administrative record before the local zoning board or …
How long is a variance good for in Massachusetts?
one year
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.
What is a variance in Massachusetts?
What is a Variance? A variance is an exemption from a zoning requirement. Zoning ordinances regulate how a landowner may use their property, which typically includes regulations on the allowed uses and activities.
How do I appeal a zoning board decision in Massachusetts?
A 21-day appeal period begins. After filing with the Town Clerk, abutters and the surrounding towns that the decision has been rendered. Anyone wishing to appeal the decision must file the appeal, at his/her own expense, with the District Court, Land Court, or Superior Court, 649 High Street, Dedham, MA.
What is a hardship for a variance?
The standard of approval for a dimensional variance is “practical difficulty,” which the courts have defined to mean that strict compliance is “unnecessarily burdensome” and granting the variance would “do substantial justice to the owner.” The “undue hardship” standard for a use variance is much more difficult to meet …
Can you apply for a variance after the fact?
The Board argues that granting an after-the-fact variance would, “unduly undermine the zoning code’s requirement of needing a permit or variance before beginning any construction” and would be against public interest. If this reasoning were correct, no person would ever be able to obtain a variance after-the-fact.
Does a variance expire?
As a generally accepted legal principle, zoning variances run with the land. That means that they’re unaffected when you sell your house. However, some variances can be limited for 5 or 10 years, and when they expire, the new owner would have to obtain a new variance.
What is an abutter in Massachusetts?
An abutter is a person (or entity) whose property is adjacent to the property of another. In jurisdictions such as Massachusetts, New Hampshire, and Nova Scotia, it is a defined legal term.
What are the requirements of a variance?
In order to obtain the variance, the applicant must show all of the following:
- Unnecessary hardship would result from the strict application of the ordinance.
- The hardship results from conditions that are peculiar to the property.
- The hardship is not a self-created hardship.
Which is an example of when a variance is required?
Variances and HACCP plans are required for some types of specialized food processes or specialized food processing methods such as smoking and curing of food and reduced oxygen packaging of food.
Is it hard to get a variance?
A use variance is more difficult to obtain than an area variance. There are many situations where you might require one of these variances, which include: If you want to make a building on an otherwise vacant piece of land. If you want to change how a current building is being used.
How hard is it to get a variance approved?