Q. What is the ZBA?
A. The Plympton Zoning Board of Appeals is a three-member board, appointed by the Selectmen, who decide upon specific requests related to Zoning. Board members are not paid for their services.

Q. When does the ZBA meet?
A. The ZBA does not have regularly scheduled meetings. The board meets in response to an Application filed in the Town Clerk’s office.

Q. What kind of cases does the ZBA accept?
A. There are four types of applications that can be made to the ZBA:
Variance
A request for relief from strict compliance with certain parts of the Zoning Bylaw. An example would be asking to construct a garage slightly closer to the lot line than the zoning bylaw allows. To grant a variance the ZBA must find that your case meets the very stringent requirements laid out in the Zoning Act.
Special Permit
A request to conduct a use which requires a Special Permit as defined in the Zoning Bylaw and Zoning Act. An example is operating a Dog Kennel. Be sure to review the zoning bylaw carefully, because the Planning Board and the Selectmen, not the ZBA, grant some types of special permits.
Appeal of a Zoning Ruling made by the Building Inspector
An example would be the Building Inspector ruling that you cannot operate a certain business in the Agricultural-Residential District. File your written denial from the Building Inspector along with your application.
Low Income Housing Application under Chapter 40B
Anyone interested in submitting such an application is encouraged to contact the ZBA before filing to discuss arrangements for the Public Hearing.

Q. How do I know if I have to appear before the ZBA?
A. The ZBA deals with exceptions. If your proposal follows all the rules you will probably not need us. The Building Inspector, the Town Clerk, your surveyor/engineer, your builder or your lawyer will probably tell you if you need to come to us. If you are unsure, hire the appropriate professional to evaluate your situation.

Q. How do I contact the ZBA?
A. Through the Town Clerk's office. We will be glad to speak to you about scheduling your hearing.

Q. How do I ask the Zoning Board of Appeals for advice on my application?
A. You don’t. The members of the ZBA cannot give you any advice about your application. Besides the fact that the town’s lawyers forbid it, there is a good and simple reason why. We are prohibited by the Open Meeting Law from discussing the merits of any case or potential case except in a properly posted meeting open to the public. To do otherwise would jeopardize any decision we eventually make, even one favorable to you.

Q. Do I need experts to represent me before the ZBA?
A. Some simple cases do not require expert representation. Read our Rules and Regulations carefully when completing your application, then use your common sense. If you are capable of fully presenting your case, along with any documentation required, you are probably OK going it alone. If you are applying for a dimensional variance you will need definitely need a plan of your proposed project stamped by a surveyor or professional engineer.

Q. What happens after I submit my completed application and fee to the Town Clerk?
A. The ZBA will advertise a Public Hearing and send a notice to you and your neighbors (abutters). Come to the hearing ready to answer any and all questions the ZBA and your neighbors may have. To really play it smart, visit each of your neighbors BEFORE the hearing to convince them that you have a great proposal. Then ask them to come and speak in favor of your application.

Q. What if I get a hearing notice about an application from my neighbor?
A. Go to the Town Clerk’s office to view the entire application. Come to the hearing and ask all the (pertinent) questions you want. Tell the ZBA how you feel about the proposal. If you cannot attend the hearing mail your comments to the board well before the hearing date.

Q. What happens at the Public Hearing?
A. The applicant or their representative normally makes a brief presentation. The Board members ask questions, and then the floor is opened to public questions and comments. Most hearings are completed and decisions rendered in a single night. All proceedings are to be polite and respectful; we won’t have it any other way!

Q. What happens after my application is granted?
A. The ZBA will file the decision in the Town Clerk’s office and send you and your neighbors a copy. After the appeals period is over, the Town Clerk will give you the actual decision. This must be filed with the Plymouth County Registry of Deeds in order to be effective. Don’t forget!

Q. What if the ZBA turns me down (or I don’t like the approval they granted my neighbor)?
A. Sue us! It’s very popular these days. See Massachusetts General Law Chapter 40A: Section 17. Judicial Review.

In conclusion:
A hearing before the ZBA is serious business. Often there are differences of opinion about many aspects of a case. The ZBA will listen to all who wish to be heard, then carefully consider the application in light of the Zoning Act and the Zoning Bylaw. Then we will make our decision, based on the facts, the law, and what’s best for the people of Plympton. You should expect no less from your public servants.

Q. Sounds great, how do I get on the ZBA?
A. There is usually at least one opening for a regular or alternate member. Contact the ZBA chairperson through the Town Clerk’s office or contact the Selectmen if you would like to serve.

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