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HomeMy WebLinkAboutFY2027 40A Amendments1 TOWN OF BARNSTABLE OFFICE OF TOWN ATTORNEY 367 Main Street Hyannis, Massachusetts 02601-3907 Phone 508-862-4620 FAX 508-862-4782 KAREN L. NOBER, Town Attorney karen.nober@town.barnstable.ma.us THOMAS J. LaROSA, First Assistant Town Attorney thomas.larosa@town.barnstable.ma.us ALLISON M. COGLIANO, Assistant Town Attorney allison.cogliano@town.barnstable.ma.us JAN M. KENDRICK, Assistant Town Attorney jan.kendrick@town.barnstable.ma.us TO: James Kupfer, AICP, Director of Planning & Development Brian Florence, Building Commissioner FROM: Jan Kendrick, Assistant Town Attorney DATE: August 5, 2026 RE: G.L. 40A Amendments (FY2027 Budget Bill) ____________________________________________________________________________ Chapter 40A, Sections 5 and 11 – Notice Changes • Now allows notice to be sent by electronic mail in lieu of regular mail. • No change was made to Section 10 mailing requirements in connection with variance applications. Chapter 40A, Section 6 - Changes to Nonconformity Protections • Allows for alterations or extension of nonconforming structures or residential uses as of right where the following are met: 1) the nonconformity arises from “lot size or shape, frontage, lot coverage or floor area ratio requirements”; and 2) the extension or alteration complies with current dimensional regulations regarding height, stories and setback. Chapter 40A, Section 6 – Abandonment • Municipalities are permitted to extend the time for deeming a nonconforming use or structure abandoned from two years to four years. Chapter 40A, Section 6 – Permit Freeze Upon Application • Protection from subsequent zoning changes now applies where application for special permit, building permit, or any other zoning relief is filed before the first publication of notice of a zoning change required under Section 5, Chapter 40A. • Increases the duration of the freeze from one year to two years, excluding any period of time during which the applicant is actively seeking or obtaining other necessary permits. 2 Chapter 40A, Section 6 – Expanded Merger Protection • The anti-merger protection previously limited to lots for single and two-family residential uses, now applies to all lots. Chapter 40A, Section 10 – New Variance Standard • No longer necessary to establish significant hardship due to soil, shape or topography. • New analysis is whether “strict enforcement of the ordinance or by-law would result in practical difficulty.” ZBA must weigh the benefits to the applicant and to the public interest (which includes housing production) against the detriment to the public health, safety and welfare of the impacted neighborhood. • ZBA may consider: (i) whether the practical difficulty relates to soil conditions, shape or topography of the land or structure; (ii) whether strict enforcement would impose a financial hardship on the appellant or petitioner; (iii) whether the benefit sought by the petitioner can be achieved by some other method that is feasible for the petition to achieve; and (iv) whether the practical difficulty was self -created. Chapter 40A, Section 10 – Variance Duration and Extension • Variances are now valid for two years, excluding the time necessary to pursue other entitlements to construct the project, and the time to await the determination of an appeal. • ZBA has authority to extend variance for up to two years, provided extension is filed before the expiration of the variance. Chapter 40A, Section 10 – Use Variances • Variances for residential use are now allowed by statute, irrespective of whether permitted by Ordinance.