Zoning Board of Appeals — October 29, 2026

The Fairhaven Zoning Board of Appeals held a special administrative meeting on October 29, 2026, to review recent statutory amendments to Massachusetts General Laws Chapter 40A, Section 10, which took effect on July 1. Town Counsel Heather White presented a detailed overview and answered board questions regarding the shift in the legal standard for granting zoning variances from a strict 'substantial hardship' test to a more lenient 'practical difficulty' balancing test. White explained that the board must now weigh the benefits to the applicant and public interest against the potential detriments to neighborhood health, safety, and welfare, noting that four traditional factors—including physical property conditions and whether the difficulty was self-created—are now optional considerations rather than mandatory prerequisites.

The board discussed the practical implications of the statutory changes, including the requirement that municipalities must now consider residential use variances in all zoning districts, even where local bylaws previously barred them. Board members and Building Commissioner Rick raised concerns regarding how to handle self-inflicted hardships, unpermitted construction, and potential challenges if the board imposes conditions on variances following statutory deletions. White confirmed that conflicting sections of the Fairhaven zoning bylaws (including Section 198-9) are superseded by the state statute, and advised updating local application forms, decision templates, and drafting proposed bylaw amendments for the upcoming spring town meeting in coordination with the Planning Board.

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