Frequently Asked Questions

Requirements for a special permit are set forth in the Zoning Bylaw. One of the most common reasons for a special permit is that the dwelling doesn’t meet the setback requirements (25 feet for front yards, 10 feet for side and rear yards). Many older houses don’t meet these requirements, and Section 240-3 of the Zoning Bylaw requires a special permit to “alter, change or extend any pre-existing, nonconforming structure or use.”

Other common situations where a special permit is required include garage space for more than two cars or an accessory building located in a front yard. (Please note: Any part of your property that abuts a street is considered a “front” yard. Therefore it is possible to have more than one front yard, particularly if you have a corner lot).

There are many other circumstances in which a special permit is required. The Building Commissioner will inform you if a special permit is required for your project. Criteria and procedures for special permits are described in Article XXXXII, Sections 240-212 through 240-222 of the Zoning Bylaw.

Criteria and procedures for variances are set out in Article XXXXI, Sections 240-203 through 240-211 of the Zoning Bylaw. A variance is required if you want to do something with your property which is generally prohibited by the Zoning Bylaw.

For instance, the Bylaw requires that accessory buildings located in front yards must be set back 50 feet from the front lot line. If you want to add an accessory building to your property closer than 50 feet to the front lot line, you would require a variance.

The criteria for granting a variance is very strict. The applicant must show a hardship imposed by the Bylaw, which is caused by a unique condition of the lot. Therefore, if your building plans require a variance, you might want to look at other options.

Legal representation is not necessary. Many applicants have successfully presented their applications to the Board. However, you may find the process easier if you have assistance from someone who is familiar with the Zoning Bylaw, such as an attorney, an engineer or a zoning consultant.

The application process includes a public hearing, at which you or your representative must present the application to the board, and answer questions from the board. There are no restrictions on whom you may choose as a representative. Some people do not feel comfortable speaking before the Board, and therefore choose to have a representative.

This representative could be a professional, or simply a friend or family member. If you choose to represent yourself, please take the time to familiarize yourself with the applicable sections of the Zoning Bylaw, and make sure that you have provided all the necessary information. You may also make an appointment to speak with the Zoning Administrator about your application, to make sure that your application is complete.

first of all, you should visit the Board of Appeals office to review the plans prior to the hearing. The Board receives commentary from the public during the hearing process, and considers these comments in rendering a decision.

Comments may be either written or oral. Both go into the formal record of the hearing. It is probably most effective to both write a letter and attend the hearing, however it is not necessary to attend the hearing. Letters received by the Board prior to the hearing will be read into the record by a Board member during the public hearing.

It is important to note that after the hearing is closed, the Board will no longer take comments from the public on the application.

The Board will open the hearing by reading the application into the record. The applicant (or his/her representative) is then called to make a presentation to the Board, explaining what the applicant is proposing to do. Any commentary received from other Town departments is read into the record, along with any letters received by the Board regarding the application.

The Board members may ask questions of the applicant, and the Board will ask if anyone in the audience has any questions or comments. Occasionally the hearing will be continued to another date if the Board needs to conduct research, consult with Town Counsel, wait for a decision for another Town Board, or if the applicant needs to provide the Board with further information.

If the hearing is not continued, it will be closed, and the Board will either put the application to a vote, or will take the matter under advisement, to be voted on at a later date (within 90 days of the close of hearing for a special permit or 100 days from application for a variance).

Once the matter has been decided and voted upon, the Zoning Administrator's office drafts the decision for Board members to sign and after it is signed by all Board members is then filed with the Town Clerk. A copy of the decision is distributed to certain Town departments and mailed to the applicant/agent.

After 20 days, the applicant must obtain a true copy attest of the decision and a certification of no appeal from the Town Clerk, and then file the decision and certification of no appeal with the Barnstable County Registry of Deeds.

Massachusetts General Laws, Chapter 40A provides a 20-day appeal period for any person aggrieved by a decision of the Zoning Board of Appeals to appeal the decision to court.

The decision is effective as soon as it is recorded at the Barnstable County Registry of Deeds. Special permits lapse after two years and variances after one year, unless substantial use or construction has commenced or applications for extensions have been filed with the ZBA prior to the expiration date.

You may appeal it. Appeals procedures are outlined in Section 240-202 of the Zoning Bylaw.

You must apply for a special permit for an accessory apartment. There are specific criteria which must be met. They are described in the application, and in Section 240-23i or Section 240-38i of the Zoning Bylaw.

You must apply for a special permit to legalize the apartment. Most homes will qualify under the “conversion bylaw,” Section 240-23D. Please note that this Section of the bylaw does not apply to homes in agricultural districts. If your home is an agricultural district, you must apply under the accessory apartment bylaw, Section 240-38i.