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Planning board reviews state variance-law changes and potential zoning updates
Summary
Board members reviewed recent state-level changes to variance standards and discussed how Hamilton's zoning bylaw and procedures (section 5, ZBA processes) may need amendment; they asked KP Law to advise on conforming local language and recommended quick coordination with the ZBA and town counsel.
Members of the Hamilton Planning Board spent a large portion of the July 21 meeting reviewing recent state changes to variance law and the potential implications for local zoning and the zoning board of appeals (ZBA).
Board members described the new statutory language as expanding the permissible grounds for relief (including consideration of financial hardship and a broader ‘‘practical difficulty’’ standard) and lengthening some variance durations. Several members warned local bylaws and practice will need review so town forms, guidance and section 5 of the zoning bylaw conform with state law.
"In making its determination, the permit granting authority shall weigh the benefits to the appellant or petitioner and to the public interest, including the interest in supporting the production of housing against the detriment to the public health, safety, and welfare of the neighborhood," the chair read from the draft language and said the change introduces new balancing considerations for local boards.
Planning staff and members asked KP Law to scan the town zoning code for required edits and to advise the ZBA about evaluating pending and future applications under the new statute. Members also discussed potential legal risk if a local denial cited factors outside the scenic-road statute or if the board applied standards without objective criteria.
The board concluded it will coordinate with the ZBA and town counsel to draft recommended amendments and educational materials for applicants and board members; KP Law attendance at a future zoning board meeting was suggested to explain repercussions of the changes and to help the town update application forms and checklists.
