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Hubbardston officials warn zoning board shortage could let variance applications be approved by default
Summary
Select Board members reported a recent resignation left the town short of a full Zoning Board of Appeals; under Massachusetts practice a lack of a functioning board can trigger a 120‑day default that allows certain applications to proceed without local review, raising legal and liability concerns.
Select Board members discussed a resignation that left Hubbardston’s Zoning Board of Appeals (ZBA) with too few members to meet the quorum required by the town’s rules. At the Sept. 2 meeting officials said the town currently lacks the full five-member ZBA and that statutory time clocks can allow variance applications to proceed by default if the local board does not act within the required period.
The meeting record notes the recent resignation of Scott Janssen from the ZBA and several speakers warned that the shortage risks “automatic” approvals under state rules on appeals and variances. A Select Board member summarized the situation: the town must recruit members or associate members to reach a quorum so the ZBA can conduct hearings. The board agreed to post publicly for volunteers and to research whether the select board can serve in the interim or appoint associate members.
A participant cited Massachusetts law in explaining the risk: if a local ZBA cannot be convened, some appeal processes and time-limited filings may default to approval after the statutory period lapses. The town’s recorded discussion emphasized urgency in recruiting members to avoid default outcomes and potential liability for decisions that would otherwise receive local public hearings.
Select Board officials said they will ask the town administrator and legal counsel to clarify options, including appointing associate members, appointing temporary members to the ZBA, or other interim measures. The town will publicize open seats and consider associate-member appointments to ensure the ZBA can fulfill its chartered duties and accept public hearings.
The meeting did not show any final legal determination at that time; officials said they would follow up with a legal opinion and outreach to recruit volunteers.
