What kinds of cases does the ZBA hear?
It hears four kinds of cases:
Applications for special permits. The Planning Board is the permitting authority for some issues (for example common access driveways and cemeteries), but the Zoning Board of Appeals is the permitting authority for 13 issues (see Table 1 in Section 125-5 for the list).
Applications for variances. Although the ZBA acts on applications for variances from zoning bylaws listed in Section 125, it can only do so rarely because of the restrictions imposed by State Law. According to Section 10 of Massachusetts General Laws Chapter 40A, the ZBA can only grant a variance related to land or structures if it finds that owing to circumstances related to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the . . . bylaw would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of . . .
[the] bylaw.
Furthermore, Section 10 also prohibits variances for use --- that is, the ZBA may not "authorize a use or activity not otherwise permitted" in Pelham. Prior applicants have discovered that while it is not especially difficult to demonstrate hardship, it is unusual for applicants to be able to meet the first requirement (that the application is prompted by soil conditions, shape, or topography that are highly unusual in Pelham), and the last requirement (that granting the variance will not nullify or substantially derogate from the intent or purpose of the bylaw).
Applications for findings. Section 125-7E authorizes to grant changes, extension, or alterations of preexisting, nonconforming structures or uses provided that the ZBA finds that the proposed change (1) creates no new zoning violation, and (2) "will not be substantially more detrimental to the neighborhood than the existing nonconforming structure" or use.
Appeals of actions by the building inspector or zoning enforcement officer.