The Zoning Board of Appeals (ZBA) was created by Town Meeting in 1972. The board consists of five members and four alternate members who are appointed by the Select Board for five-year staggered terms.
The ZBA hears requests for zoning variances and special permits. Most hearings held by the board relate to property owners who wish to expand their homes or to build a new home on lots where construction is not permitted by right within the specific zoning district, usually because of setback and sideyard restrictions.
In granting a variance or issuing a special permit, the board must find that the change will not adversely affect the neighborhood and that it is an appropriate use of the site.
The board also hears appeals based on zoning issues raised by property owners and abutters who are “aggrieved” by the actions of the Building Commissioner in granting or denying a building permit. Decisions reached by the board can be appealed to the Land Court of Massachusetts or to the Massachusetts Superior Court.
Once an applicant submits an application to appear before the Zoning Board of Appeals they are scheduled on the first available hearing date. If the first available hearing date is more than 65 days from the submission date of the application, the applicant is asked to sign an extension form confirming their acceptance of the hearing schedule and their agreement to wait until the next available hearing date.
The administrative work of the Zoning Board of Appeals is done through the Community Development & Planning Office. Copies of the Town Zoning By-Laws, application forms and information regarding filing procedures are available in the engineering office.
Zoning Special Permit or Variance:
Applications for a zoning special permit or variance are available in the engineer’s office. Fee: $75.00.
Sign Permits:
Applications for a special permit or variance of the Sign By-Laws are available in the engineer’s office. Fee: $25.00.
Zoning Board of Appeals legal ads are published in a newspaper of general circulation in Marblehead (Marblehead Reporter, Salem News or Lynn Item) once in each of two consecutive weeks, the first publication to be not less than fourteen days before the day of the hearing.
ZBA agendas are posted at the Mary Alley Municipal Building and Abbot Hall at least fourteen days prior to the hearing date and the abutters and abutters of abutters within 300 feet of the applicant’s property are notified by mail two weeks prior to the hearing date.
When We Meet
The Zoning Board of Appeals meets at 7:30PM on the fourth Tuesday of each month. The hearings will be held remotely in accordance with Governor Baker’s March 12, 2020 order superseding certain provisions of the open meeting law. To join the zoom hearing on the internet, follow the link provided on the Zoning Board of Appeals public hearing agenda which is posted on the Town of Marblehead website 48 hours or more prior to the hearing. The meetings are held in the Select Board’s meeting room at Abbot Hall, 188 Washington Street.
Zoning Board of Appeals Decisions
All decisions rendered by the Zoning Board of Appeals are time-stamped and recorded by the Town Clerk’s Office and maintained in perpetuity.
On or after the 21st day of receipt in our office, we will produce a Certified Decision for filing at the Registry of Deeds in Salem, which then allows the petitioner to obtain a Building Permit.
Fee: Free.
Frequently Asked Questions
For information on Administrative hearings, the building commissioner or Community Development & Planning Dept. can evaluate the proposal and make a preliminary determination if it is an administrative matter.
Hearings before the Zoning Board of Appeals are scheduled on the first available hearing date after receipt of the application.
No. All applications will be scheduled for the next available hearing date.