Special Permits in Massachusetts

A special permit is a discretionary zoning approval for a use or structure that the bylaw allows only under certain conditions. It’s governed by Section 9 of the Zoning Act (M.G.L. c. 40A) and by your community’s own bylaw.

Who grants it

The bylaw designates a special permit granting authority for each type of special permit. Depending on the community and the project, that may be the Planning Board, the Zoning Board of Appeals, or the City Council or Select Board.

How the process works

1. Application. You submit plans and materials required by the bylaw and the board’s rules.
2. Public notice. Notice is published and mailed to abutters before the hearing.
3. Public hearing. The applicant presents, the board asks questions, and the public can comment. Hearings are often continued to later meetings.
4. Decision. The board votes on whether the project meets the bylaw’s criteria and may attach conditions. Many special permits require a supermajority vote.
5. Appeal period and recording. After the decision is filed with the city or town clerk, there’s an appeal period. The decision generally must be recorded at the Registry of Deeds before it takes effect.

What boards look for

Each bylaw lists its own criteria. Common ones include neighborhood character, traffic and safety, adequacy of utilities and drainage, and consistency with the purpose of the district. A strong application speaks directly to each criterion in the bylaw.

Setting up for approval

• Read the criteria first, then design to them.
• Anticipate the questions. Most concerns raised at hearings are predictable.
• Communicate early with neighbors where it makes sense.
• Know the timeline. A special permit lapses if it isn’t used within the period set by the bylaw (time spent on appeals doesn’t count), so plan financing and construction with that deadline in mind.

General information, not legal advice. Requirements vary by community.