The Zoning Board of Appeals is a 5-member board, with 2 alternates, that meets every 2nd and 4th Tuesdays at 7 p.m. in the City Council Chambers.

The ZBA is established through municipal ordinance under the provisions of Massachusetts General Laws (MGL 40A) also known as the Zoning Act. Specifically Section 12 (Board of Appeals) and Section 14 (Powers of the Board) and other sections. Section 12 authorizes the creation of the ZBA through municipal ordinance and specifies parameters for membership, terms of office, vacancies and rules. Section 14 details the powers of the ZBA as authority to hear appeals, applications for special permits and petitions for variances. Other sections of MGL 40A provide greater detail, both breadth and limitations, as to the ZBA’s authority in the various proceedings. The City of Newburyport implemented the authority granted under MGL 40A through the passage of legislation entitled “Zoning Ordinance of the City of Newburyport”. Notes to the current ordinance indicate that it consists of a city ordinance adopted on November 30, 1987 and subsequent amendments. Newburyport had zoning regulations many years prior to 1987 but apparently the code was revised and readopted in whole at that time.

The Zoning Ordinance implements MGL 40A regarding the establishment of the ZBA in Section X-H of the ordinance. Contained within the ordinance are details of the various types of application heard by the ZBA (Special Permits and Appeals) and petitions for Variances as authorized by the Ordinance and in the Zoning Act. Applications for comprehensive permits for Section 40B affordable housing are also heard by the ZBA although not described in the Ordinance as it is directly specified by State legislation. The Zoning Ordinance details the use and dimensional controls for the various zoning districts as well as special requirements for several overlay districts for Plum Island and Federal Street and special districts such as the Waterfront Zoning Districts and the Water Resource Protection District (WRPD). Certain responsibilities for the WRPD were recently transferred from the ZBA to the Planning Board. Section X-H (3) describes the powers of the ZBA as to include the hearing and deciding of appeals and the hearing and deciding of special permits except as otherwise provided in the ordinance. Section X-H (6) describes the ZBA’s authority, after appropriate legal notice as described and with the application of specific preconditions, to grant variances from the Ordinance. It is also stated that a variance may only be granted where a literal application of the ordinance would involve substantial hardship to the petitioner or appellant and if the relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the ordinance. The section further specifies that the ZBA shall only apply the use of the variance sparingly and with due regard that the main purpose of the ordinance is to preserve the property rights of others (Sub-section 6-B).

The ZBA’s Role in the Fabric of the City’s Government

The ZBA role and responsibility consists of providing relief, where appropriate, from literal application the black letter law of the City’s Zoning Ordinance as described and proscribed by the Zoning Act and the City’s Zoning Ordinance. Any ZBA constantly deals with a continuous tension between the property rights of the applicant and the interests of neighboring property owners and its city as a whole. Members of the ZBA have to have a clear comprehension of the reasonable limitations on the ZBA’s broad authority under the Ordinance while understanding the equity component of the ZBA’s role.

The ZBA, while an independent board, works closely with the Planning Office, the Planning Director (also the Mayor through the Planning Director) and the Planning Board. Additionally the ZBA participates in such special joint boards and committees as the Mayor may request. ZBA members need to be able to apply the Boards’ discretion in a measured manner without allowing personal preferences or beliefs to interfere with the even application of the ZBA’s powers.

Frequently Asked Questions: Coming soon!