Town counsel outlines major Chapter 40A changes including new "practical difficulty" variance test
Clifford & Kenny attorneys briefed the ZBA on House Bill 5555, which allows electronic zoning notices, extends variance and zoning-freeze timelines, and replaces the "substantial hardship" variance standard with a more flexible "practical difficulty" balancing test that highlights housing production as a public-interest factor.
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Town counsel from Clifford & Kenny LLP briefed the Canton Zoning Board on recent amendments to Mass. Gen. Laws Chapter 40A enacted as part of the FY2027 budget (House Bill 5555, signed July 9). The attorneys explained that municipalities may now use electronic notice for zoning hearings if an email address is available and that nonconforming-structure protections have been expanded, including an extension of the zoning-freeze from 12 to 24 months and lengthening the abandonment period.
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