ZBA not a Zebra

The Andover Zoning Board of Appeals (ZBA) is authorized to function under the General Laws of the Commonwealth of Massachusetts Chapter 40A (malegislature.gov) and Chapter 40B (malegislature.gov), as well as the Town of Andover, MA Zoning By-Law (ecode360.com).  Under these rules, the ZBA issues special permits, grants variances and comprehensive permits, and hears appeals from decisions of the Building Commissioner as appropriate for both residential and commercial development in town. The average homeowner is probably unaware of these rules and will likely never have to come before the ZBA. The ZBA is only consulted when exterior construction is planned and that construction (i) is on a building or parcel that does not conform to the bylaws already or (ii) would create a new non-conformity.  

So how would you know if you had to seek permission from the ZBA for construction?  Any resident can certainly reach out to the Zoning staff.  The ZBA administrative secretary is available to answer questions via phone or email. Contact information for the secretary and board members can be found on the Town’s website. Most often however, the answer starts with your building plans.  Every project requires a building permit, and when a resident or their contractor applies for the permit, the Building Division reviews them. The Building Division is charged with the enforcement and interpretation of building codes in Massachusetts as well as the zoning bylaws in Andover.  If the project proposed does not meet the zoning regulations, the applicant will be directed to the ZBA.

The ZBA is just one piece of the puzzle for development of land in Andover.  The Community Development & Planning departments in town include Building, Conservation, Health, Planning & Economic Development, and Fire Prevention.  Depending on the nature and complexity of the project proposed, some or all of these departments would be engaged to ensure that the work is safe and appropriate for the town and its residents.