Boards Warned New Zoning Law Eases Variances
Harwich zoning and planning boards get briefed on state law changes that make variances easier to obtain.
Planning Board · Meeting of September 3, 2026
Harwich zoning and planning boards get briefed on state law changes that make variances easier to obtain. Town Counsel Amy Quessel of KP Law told a joint session of the Zoning Board of Appeals and Planning Board that a Chapter 40A rewrite tucked into the fiscal year 2027 state budget, signed by Governor Maura Healey on July 9, replaces the old hardship standard for variances with a "practical difficulty" test that weighs housing production against neighborhood harm. Quessel said use variances are now allowed even where local bylaws are silent, non-conforming structure abandonment periods doubled from two to four years, and variance terms extended from one year to two, renewable indefinitely.
One Zoning Board of Appeals member, identified only as Ken, warned the town's bylaws are now out of step with state law: "How do we do business in this town?" Both boards adjourned by unanimous voice votes without taking up any applications.
In the full story:
- Who Was There
- Organizations And Documents Referenced
- The complete report — 3,276 words
Source: the Planning Board meeting of September 3, 2026, reported from the official video recording and transcript.
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