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SD 950

An Act relative to variances

194th Legislature (2025-2026) Introduced by John Keenan

Allows a discretionary up to 6-month extension to exercise variance rights; if not granted within 30 days, rights lapse and can only be reestablished after notice and a new hearing.

House concurred
0
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Bill Summary · SD 950

Summary: Bill SD 950 — An Act relative to variances

Overview

SD 950, titled “An Act relative to variances,” is a proposed Massachusetts bill introduced in early 2025 by Senator John F. Keenan (Norfolk and Plymouth). The bill, which has advanced to House concurrence, amends the statutory framework governing how long a granted variance remains exercisable and when rights lapse. The amendment targets Section 10 of Chapter 40A (the Zoning Act) and changes the lapse timeline for variances and the process to extend or reinstate those rights.

What the bill does

  • Clarifies and tightens the rules around the time period in which a variance rights holder must exercise the rights granted by a variance.
  • Allows a discretionary extension of up to six months for exercising variance rights.
  • Establishes a specific procedure if an extension is not granted timely, potentially triggering a reestablishment process via notice and a new hearing.

Key provisions

  • The rights authorized by a variance lapse if not exercised within one year of the grant date, with two important exceptions:
    • Time spent pursuing or awaiting a determination of an associated appeal (per section 17) does not count toward the one-year limit.
  • The permit granting authority (municipal or equivalent) may grant a written extension of up to six months, at its discretion, upon the applicant’s written request.
  • The extension request must be filed before the original one-year period expires.
  • If the extension is not granted within 30 days of the application date, the rights may be reestablished only after notice and a new hearing under the same section.

Who is affected

  • Variance holders (grantees) seeking to exercise rights granted by variances.
  • Permit granting authorities (municipal zoning boards or similar bodies) responsible for issuing extensions.
  • Municipalities and local planning/regulatory departments administering variances.

Procedural and timeline aspects

  • Extension requests must be filed prior to the one-year expiration.
  • The authority has up to 30 days to decide on the extension; if not granted within that window, rights lapse at the end of the original year unless a new hearing is held.
  • If rights lapse and are reestablished, a new notice and hearing are required.

Legislative status and history

  • Referred to the Committee on Municipalities and Regional Government on 2025-02-27.
  • Reported as having House concurrence (status shown as House concurred), indicating cross-chamber agreement in the 2025-2026 session.

Potential impact

  • Provides greater flexibility for variance holders who need more time to implement approved variances.
  • Creates a defined, time-bound path to reinstate rights if extensions are not approved promptly, potentially increasing procedural safeguards and ensuring public notice and review.

Compiled from official sources — confirm details with the bill’s official record.

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