Upholding the Law in Zoning Board Decisions
As someone with five years of experience working in Fairhaven’s Building Department and currently responsible for taking minutes for two neighboring towns’ Zoning Boards of Appeals (ZBAs), I feel compelled to comment on recent discussions surrounding Fairhaven’s own ZBA — particularly after watching the most recent Select Board meeting.
Zoning Boards are not governed by the personal interpretations or preferences of their members. They are bound by the Massachusetts General Laws (MGL), specifically Chapter 40A. Fairhaven, like all towns, has its own set of by-laws that work in conjunction with these state laws. Builders unfamiliar with Fairhaven’s specific requirements often rely on the Building Commissioner to guide them.
When applications are referred to the ZBA, it is because they raise legal questions requiring a variance or special permit — not because of discretion or convenience.
Unfortunately, it appears that in Fairhaven, long-standing practices have sometimes drifted away from these legal standards. MGL Chapter 40A, Section 10 outlines the five criteria that must be met to grant a variance. These include factors such as soil conditions, the shape or topography of the land, substantial hardship, and assurances that the requested variance will not harm the public good or neighborhood character.
These are not optional checkboxes; they are the legal foundation for every ZBA decision.
This is not a critique of volunteerism. The dedication of our board members is appreciated and essential. But it is equally essential to recognize that this particular board operates under strict legal requirements, and longevity of service does not replace the need for continual learning and adherence to law.
To Mr. Sullivan, the newest member of the ZBA: Welcome. I encourage you to familiarize yourself with the legal statutes and review how other towns conduct their zoning hearings — many are publicly available through access channels or YouTube. Observing best practices can be invaluable.
In terms of procedure, every public hearing should begin with a formal motion to open the hearing and end with a motion to close it. Before rendering a decision, the board must clearly state its findings with reference to the applicable legal standards. Conditions should be included when necessary, and the specific legal grounds for decisions should be cited in the record.
Constructive dialogue and a willingness to ask questions are signs of a healthy board. Problems arise when members believe they know all there is to know, leading to missteps and community distrust.
sBy grounding decisions in the law, Fairhaven’s ZBA can serve its residents with transparency, fairness, and confidence.
Pattie Pacella, Fairhaven
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