Mass. Gen. Laws » Part I Title VII Chapter 40A
Massachusetts General Laws

Mass. Gen. Laws ch. 40A, § 10 (2026)

Variances

✓ current as of July 2026
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Section 10. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. Except where local ordinances or by-laws shall expressly permit variances for use, no variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located; provided however, that such variances properly granted prior to January first, nineteen hundred and seventy-six but limited in time, may be extended on the same terms and conditions that were in effect for such variance upon said effective date.

The permit granting authority may impose conditions, safeguards and limitations both of time and of use, including the continued existence of any particular structures but excluding any condition, safeguards or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner.

If the rights authorized by a variance are not exercised within one year of the date of grant of such variance such rights shall lapse; provided, however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one year period. If the permit granting authority does not grant such extension within thirty days of the date of application therefor, and upon the expiration of the original one year period, such rights may be reestablished only after notice and a new hearing pursuant to the provisions of this section.

Notes of Decisions
Cited in 144 cases (12 in the last 5 years), 1964–2025 · leading case: Save the Bay, Inc. v. Dep't of Pub. Utils., 322 N.E.2d 742 (Mass. 1975).
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Save the Bay, Inc. v. Dep't of Pub. Utils., 322 N.E.2d 742 (Mass. 1975). · cites it 15× “485, from a decision and order of the Department of Public Utilities (the Department) granting an exemption under G. L. c. 40A, § 10, to New England LNG Company, Inc.”
Boston Edison Co. v. Boston Redevelopment Auth., 371 N.E.2d 728 (Mass. 1977). · cites it 6× “652, § 13, that the deviation will not substantially derogate from the intent and purposes of the zoning code, is very similar to one of the standards for the grant of a variance from the zoning code under G.L.c. 40A, § 10. [18] However, the power of the BRA to grant variances…”
Tsagronis v. Bd. of Appeals of Wareham, 613 N.E.2d 893 (Mass. 1993). · cites it 6× “G.L.c. 40A, § 10 (1990 ed.). We focus on the words "circumstances relating to the soil conditions, shape, or topography of such land" which must be the reason for any substantial hardship to the owner.”
Grady v. Zoning Bd. of Appeals, 465 Mass. 725 (Mass. 2013). · cites it 7× “40A, § 11, where it was not recorded with the registry of deeds within the one-year lapse period set forth in G. L. c. 40A, § 10, but was recorded eleven days thereafter, and where the holders have substantially relied upon it.”
Nat'l Tower, LLC v. Plainville Zoning Bd. of Appeals, 297 F.3d 14 (1st Cir. 2002). · cites it 2× “See Mass. Gen. Laws ch. 40A, §§ 10, 14 (2000).”
Cornell v. Bd. of Appeals, 906 N.E.2d 334 (Mass. 2009). · cites it 7× “This zoning case requires us to decide the actions a variance holder must take to “exercise” a dimensional variance under G. L. c. 40A, § 10, to prevent it from lapsing.”
Pereira v. New England LNG Co., Inc., 301 N.E.2d 441 (Mass. 1973). · cites it 6× “y 16, 1971, the defendant filed a petition with the Department of Public Utilities (Department) requesting (a) that its proposed use of the locus and the facilities to be erected thereon for the processing, storage, sale and distribution of propane and LNG to gas distributing…”
Mendoza v. Licensing Bd., 444 Mass. 188 (Mass. 2005). · cites it 3× “16 See G. L. c. 40A, § 10. The petition for the variance requested the right to “operate a restaurant, lounge, bar, function facility, theatre, hall, or other place of amusement, entertainment or assembly in an industrial park district.”
Gordon v. Zoning Bd. of Appeals of Lee, 494 N.E.2d 14 (Mass. App. Ct. 1986). · cites it 6× “[2] The judge heard the matter, de novo, and made findings in support of his conclusion that the prerequisites to the granting of a variance, as set out in G.L.c. 40A, § 10, had been met. However, because he also concluded that the board's decision was too conclusory but…”
Warren v. Zoning Bd. of Appeals of Amherst, 416 N.E.2d 1382 (Mass. 1981). · cites it 3× “As to the last three of the four statutory prerequisites which the board is required to find before granting a variance (G. L. c. 40A, § 10), the decision of both the board and of the judge thereon appear to be little more than “a bare recital of [three of] the statutory…”
Arrigo v. Plan. Bd. of Franklin, 429 N.E.2d 355 (Mass. App. Ct. 1981). · cites it 3× “As all the conditions for a variance set out in G. L. c. 40A, § 10, were not met, the judge correctly annulled the decision of the board of appeals.”
Trs. of Tufts Coll. v. City of Medford, 616 N.E.2d 433 (Mass. 1993). · cites it 4× “The Land Court judge, who took a view of the campus, noted that the topography of the land at the proposed garage site might warrant the grant of a variance under G.L.c. 40A, § 10, from the setback requirement.”
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