If you've ever needed to build a fence, or wanted to run a business from your home, then you're already familiar with the town's Zoning Board of Appeals (ZBA). But if not, read on to learn more about what this board does and why you might need it.
Lindsey Mace is the shared Assistant to the Planning Board and Zoning Board of Appeals, which have a close working relationship. While you might question why there is one assistant for both Boards, it is in part because the ZBA and the Planning Board have a working relationship. The ZBA has three areas of focus. They address zoning variance petition requests, applications for special permits and they hear and decide zoning appeals. The Planning Board deals mainly with site plan and subdivision applications for new development. (The Planning Board will be highlighted in a future story)
A variance petition request has to be brought because of a hardship ("...enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise...." taken from MGL Ch 40A, Sec 10). A special permit application goes outside the boundary of an ordinance or by-law but remains in general compliance with the current by-law. Appeals dispute a ruling made by another board or department, and the ruling can be reviewed by Zoning, often resulting in conditions. As an example, if a contractor is working at odd hours, with multiple neighbor complaints about the noise level, a cease-and-desist order from the Building Inspector might be brought. The owner of the property could appeal to the ZBA, and conditions might be imposed that would limit the work hours on the property, thus addressing the complaints. Properties are governed by the by-laws and ordinances of the district where they are located. Pembroke has several districts, including Residential, Historic, Center Protection and Commercial. You can see the map here.
By-laws are developed by the State, and the Town of Pembroke must amend their existing by-laws to match what comes from the State House. A recent change amended the previous rule about fence height. Previously, the standard that was built into town by-laws was for six-foot fences, anything that departed from that height would require a variance or special permit. The latest ruling sets the new standard fence height at seven feet, which Pembroke will now need to change in the existing by-laws. Changes from the State might require a complete re-write of a by-law, but often it is just one section. These changes must be written and approved by the Board, then presented to and voted on by a majority at Town Meeting in order to be updated.
These state-wide changes can be driven by the citizens, and by what trends are developing across the state, such as the increase in requests for ADUs (Accessory Dwelling Units. Read more here.) Sometimes the changes are to bring practice in line with the technology of the day. "One of the things they are changing is the way that notifications are sent out...they are going to try to incorporate electronic email instead of snail mail" (to abutters for notifications). Mace notes that sometimes these changes require multiple steps. An upgrade to email notification would mean verification of email address (if a resident even has email), insuring notices are delivered properly and don't go into spam folders, etc. Pembroke still uses the postal service mail delivery for abutter notifications, along with public notices in the Patriot Ledger newspaper, and postings at Town Hall.
A letter to each abutter must go out for every zoning board application for appeals, special permits, and variances, and an "abutter" is considered the owner of any property within 300 feet of the property line. Abutters receive a letter of notification, in the mail, with details about the public hearing and what the applicant is asking for, and they also receive a follow up letter with the decision that was made at the public hearing for each situation. The applicant must request the list of abutters from the Assessors Office. If the 300-foot boundary crosses into another town, then a list must also be obtained from that town as well. Then notification process is the same.
Mace says the residents that come to her office are just looking for guidance. "People are great, they come in and are like, I'm planning on doing this, what do I do?" " They don't want to jump through hoops to figure out what to do, and I just want to make it easier for them." She encourages anyone to come to her office to ask questions, fill out applications, or just have the process explained. "Any information I can give you, I will do my best".
The ZBA is composed of three regular members and three alternate members, but currently the Board is looking to fill for two positions. There are no pre-qualifications to be a member, other than to be a resident of Pembroke, and residents are always encouraged to apply. Meetings are held on select Mondays at 7pm. You can watch the most recent meeting here.
The public is encouraged to attend meetings, or stop by the ZBA office at Town Hall, Room 12.
