ZBA hears state overhaul of variance, nonconformity rules

Zoning Board of Appeals · Meeting of July 21, 2026

Boxborough Zoning Board of Appeals learns the state has rewritten its variance and nonconformity rules. Special counsel Adam Costa told the board a governor's budget bill amended Chapter 40A, replacing the decades-old three-part variance test with a single "practical difficulty" standard that Costa said makes a variance "a whole lot more like a special permit." The law now allows residential use variances even where a town bylaw prohibits them, a reversal for Boxborough, which Costa said has historically granted none. Variance terms doubled from one year to two, with a possible extension to four years total, and the abandonment/non-use period for nonconforming uses grew from two years to four, putting Boxborough's current 24-month bylaw language in conflict with state law.

The board took no action on bylaw amendments. Members approved the June 16 minutes and adjourned by 5-0 roll-call votes.

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Source: the Zoning Board of Appeals meeting of July 21, 2026, reported from the official video recording and transcript.