Role of the ZBA

Section 4-10 of the Sturbridge Town Charter (Composition; Term of Office; Powers and Duties) outlines the following in terms of the Zoning Board of Appeals:

(A) Composition, Term of Office - there shall be a Zoning Board of Appeals consisting of seven (7) members. Five (5) members shall be elected by the voters for three year terms such that the term of office of at least one member, but not more than two members, shall expire each year. Two (2) members shall be appointed by the town administrator for three year terms so arranged that the terms of office will not expire in the same year.

(B) Powers and Duties - The Zoning Board of Appeals shall have all powers which are conferred on Zoning Boards of Appeal by the general laws, and such additional powers and duties as may be provided in the zoning bylaws.

Massachusetts General Law Chapter 40a, section 9 provides that: "Zoning ordinances or by-laws shall provide for specific types of uses which shall only be permitted in specified districts upon the issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the ordinance or by-law, and shall be subject to general or specific provisions set forth therein; and such permits may also impose conditions, safeguards and limitations on time or use".

The Sturbridge General Bylaws Section 1.37 (Appeals) outlines that "A person aggrieved by the refusal of the Building Inspector to approve a submitted plan may appeal to the Zoning Board of Appeals".

The Massachusetts Citizen Planner Training Collaborative (CPTC) states that "Zoning Board members adjudicate (pass judgement on) requests placed before them. The ZBA is a quasi-judicial body that operates under the authority of Chapter 40A of the General Laws of the Commonwealth for the purpose of promoting the health, safety, convenience and general welfare of the town/city that it serves. By statute, Zoning Boards must follow strict timelines for their decisions. Anyone aggrieved by the decision of the ZBA may appeal to the relevant judicial body in Superior Court".