This page describes the duties and the operation of the Goshen Zoning Board of Appeals. Because the activities of the Zoning Board
interact with other Town boards and officials, such as the Planing Board, Health Board, Conservation Commission, and Zoning Enforcement Officer, there is also
some limited discussion of these other official representatives of the Town.
For more details about other town boards and officials, link to their web pages are provided at the left and elsewhere on this site. Contacting the Board Goshen Zoning Board of Appeals PO Box 58 Goshen, MA 01032 Meeting times The Zoning Board of Appeals does not have regularly scheduled meeting dates or times. The board meets only when the ZBA has petitions or appeals to be heard. Notices of upcoming meetings will be posted on the this website and the official Public Notices board at the Town Offices.
Purpose of the Bylaw As stated in the Goshen By-Law, its purposes are to:
The By-Law defines the entire Town of Goshen as a Residential-Agricultural district. Composition of the Zoning Board of Appeals The Goshen Zoning Board of Appeals has three members, and three associate members (associate members sit in when board members cannot attend a hearing). Board members are appointed by the Selectboard to terms whose length is so arranged that the term of one member expires each year. Massachusetts law requires a unanimous vote for three-member zoning boards to grant a variance or special permit, or to over-rule a decision on an appeal. Role of the Zoning Board of Appeals The role of the Zoning Board of Appeals is to:
Petition Types: Variances and Special Permits Under the By-Law, the Zoning Board of Appeals can consider petitions for a variance or for a special permit. Because the word "variance" has a common-sense sound, it can make mischief. In fact, the need for a variance almost never comes up in Goshen. Most petitions should be for a Special Permit. Variances If you read the By-Law's definition of a variance, you will see that the common-sense meaning of "variance" does not apply. The By-Law states that, for a variance to be granted, the Zoning Board of Appeals must find that "owing to circumstances relating 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 within which it is located, a literal enforcement of the provisions of the By-Law 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 without nullifying or substantially derogating from the intent or purpose of such By-Law." A word to the wise: If you believe that your petition should request a variance, consult an attorney familiar with Massachusetts General Laws Chapter 40A. Special Permits You can lawfully change the use of your property 1) without a special permit or 2) with a special permit.
Appeals The Zoning Board must hear and decide the appeal of any person who is aggrieved because of an inability to obtain a permit or an enforcement action from the Zoning Enforcement Officer (building inspector). The Board must also hear and decide the appeal of any interested person, such as the owner of an abutting property, who is aggrieved by a decision of the building inspector. An effective appeal generally requires the assistance of an attorney. Enforcement of the By-Law Because petitioners and appellants sometimes express their views about enforcement in Zoning Board hearings, it is important to state what the Zoning Board is not. The Board is not the By-Law cops. Enforcement of the By-Law is the responsibility of the Zoning Enforcement Officer (building inspector). The Zoning Board of Appeals has no enforcement authority. If you observe a violation of the By-Law, the proper reporting channel is to notify the Zoning Enforcement Officer, preferably in writing – not the Zoning Board of Appeals. The mailing address of the Zoning Enforcement Officer is: Zoning Enforcement Officer, Goshen Town Offices, 42 Main Street, Goshen, MA 01032. Subdivisions Here again, it is necessary to explain what the Zoning Board of Appeals is not. The Zoning Board has no authority over subdivisions. That authority belongs to the Planning Board. Procedures To file a petition or appeal, there are certain procedural requirements:
Your Hearing At your hearing, the Chair will take you through what will happen and answer your questions, introducing the members of the Board and explaining that favorable decisions must be unanimous. At hearings that could be contentious, the introduction may include rules as to courtesy and respect for those with contrary views. Next:
Decisions Once the Board has reached a decision, the Chair has 90 days to write the decision. However, decisions are usually ready well before 90 days have gone by. Once the decision is signed, the Board files the original with the Town Clerk, and sends copies to all interested parties, including Town boards, the Planning Boards of abutting towns, and your abutters. The Appeal Period When the original of the decision has been filed with the Town Clerk, you will receive official notice of the decision from the Town Clerk. This official notice also informs you of the 20-day appeal period, during which any interested person, including persons who did not attend the hearing, may appeal the decision. Recording the Decision at the Registry of Deeds The Town Clerk's notification will inform you that the decision must be recorded at the Hampshire County Registry of Deeds in Northampton to affect your property. This step is required to ensure that notice of the permitted use of the property is communicated permanently to the general public. Special Permits and Building Permits If your Special Permit involves erecting or altering a structure, record your Special Permit at the Hampshire County Registry of Deeds, then take your Special Permit to the building inspector for a Building Permit. The Town's Administrative Assistant can provide the building inspector's telephone number, address, and office hours. The Administrative Assistant's hours are 9 am – 1 pm, M-W in the Town Offices, telephone 268-8236. Special Permits Permitting Change of Use If your Special Permit involves a change of use, such as opening a business, the building inspector (who is also the Zoning Enforcement Officer) receives a copy of your Special Permit. This procedure ensures that the Zoning Enforcement Officer is informed of your newly permitted use. Consulting the Board of Health and the Conservation Commission Most petitions and appeals heard by the ZBA also fall under the jurisdiction of the Board of Health and the Conservation Commission. It is prudent to check with these boards as part of your petition or appeal process. Since the people who serve on these boards change, the way to find current information is to ask the Town's Administrative Assistant for the phone number and email of the contact person for each board. The Administrative Assistant's hours are 9 am – 1 pm, M-W in the Town Offices, telephone 268-8236. |
