Town counsel briefs ZBA on Chapter 40A changes; variance standard shifts to 'practical difficulty'
Town counsel Chris Kenny and David Koroyen told the Canton ZBA that House Bill 5555 (signed July 9) permits electronic notice, extends zoning freeze and abandonment periods, and replaces the 'substantial hardship' variance standard with a 'practical difficulty' balancing test that explicitly allows consideration of housing production and public interest factors.
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Town counsel from Clifford & Kenny LLP briefed the Canton Zoning Board of Appeals on state zoning changes enacted as part of the fiscal-year 2027 budget (House Bill 5555), which the board discussed at its July 23 meeting. Counsel said the changes took effect on signature July 9 and include new options for electronic notice, expanded protections for nonconforming structures, and changes to variance procedure and standards.
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