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New Chapter 40A changes prompt review of Yarmouth bylaws and administration
Summary
Town counsel briefed the Planning Board on recent changes to Chapter 40A and related statutes, including expanded by-right alteration rights, modified variance standards, and longer windows to commence permitted work — items the board may need to address in future bylaw amendments.
Town counsel summarized a memo on recent amendments to Chapter 40A and their likely impacts on local bylaws. The changes include expanded as-of-right rights for alterations that comply with height and setback rules, adjustments to variance standards and appealability, and an extended time for construction commencement under building permits.
Counsel said some changes give towns less discretion to require special permits for certain improvements while creating uncertainty on other points, such as whether zoning boards retain explicit authority to impose conditions on variances. “Preexisting nonconforming structures… may be extended or altered as of right if such extension or alteration complies with the current dimensional regulations regarding height stories and setback,” counsel read from the memo, describing why the town must audit bylaws for inconsistent language. He recommended targeted bylaw updates next spring and continued coordination with building officials as the AG's office and courts clarify new standards.
