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If your proposal does not meet the requirements of the Zoning Regulations (i.e., locates a building within a required setback or the application of the regulation results in an exceptional difficulty unique to this particular lot) you request a variance from such regulation from the Zoning Board of Appeals (ZBA). Any necessary variances must be applied for and approved by the ZBA prior to applying for a for Site Plan, Special Permit or Subdivision approval.
The ZBA is not allowed to grant a variance unless it is based on a statutorily supported hardship. This means the requested variance must be related to the land, can not be based solely on financial gain or loss, nor can it be the regulation itself.
A public hearing is required for all variance applications.
The ZBA has up to 65 days to hold a Public Hearing. Once the Public Hearing is open, it must close within 35 days. Once the Public Hearing is closed, the ZBA must make a decision within 65 days.
Please contact the Zoning Enforcement Officer for additional information and to set up a meeting to discuss any details.
If your proposal involves land located 500 feet or closer to another town, State law requires that the proposal be referred to the abutting town seven days prior to the scheduled Public Hearing. You should contact the Zoning Enforcement Officer for information and to set up a meeting to discuss all the details.
If the ZBA grants the variance, you will be required to file a certificate in the Town Clerk’s Office for it to become valid. Once the filing is done a subsequent application to Planning or Zoning may be submitted.