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

Mass. Gen. Laws ch. 40A, § 12 (2026)

Boards of appeal; membership; rules

✓ current as of July 2026
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Section 12. Zoning ordinances or by-laws shall provide for a zoning board of appeals, according to the provisions of this section, unless otherwise provided by charter. The mayor subject to confirmation of the city council, or board of selectmen shall appoint members of the board of appeals within three months of the adoption of the ordinance or by-law. Pending appointment of the members of the board of appeals, the city council or board of selectmen shall act as the board of appeals. Any board of appeals established hereunder shall consist of three or five members who, unless otherwise provided by charter, shall be appointed by the mayor, subject to the confirmation by the city council, or by the selectmen, for terms of such length and so arranged that the term of one member shall expire each year. Each zoning board of appeals shall elect annually a chairman from its own number and a clerk, and may, subject to appropriation, employ experts and clerical and other assistants. Any member may be removed for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for unexpired terms in the same manner as in the case of original appointments. Zoning ordinances or by-laws may provide for the appointments in like manner of associate members of the board of appeals; and if provision for associate members has been made the chairman of the board may designate any such associate member to sit on the board in case of absence, inability to act or conflict of interest on the part of any member thereof, or in the event of a vacancy on the board until said vacancy is filled in the manner provided in this section.

The board of appeals shall adopt rules, not inconsistent with the provisions of the zoning ordinance or by-law for the conduct of its business and for purposes of this chapter and shall file a copy of said rules with the city or town clerk. In the event that a board of appeals has appointed a zoning administrator in accordance with section thirteen said rules shall set forth the fact of such appointment, the identity of the persons from time to time appointed to such position, the powers and duties delegated to such individual and any limitations thereon.

Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1966–2025 · leading case: McDonald's Corp. v. Town of Seekonk, 424 N.E.2d 1136 (Mass. App. Ct. 1981).
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McDonald's Corp. v. Town of Seekonk, 424 N.E.2d 1136 (Mass. App. Ct. 1981). · cites it 2× “Contrast G. L. c. 40A, § 12, as in effect prior to St.”
Lovequist v. Conservation Comm'n of Dennis, 393 N.E.2d 858 (Mass. 1979). “; (3) the right of appeal to an impartial board of appeals for the purpose of obtaining either a special permit or a variance, G. L. c. 40A, §§12 and 14; and (4) the right of review de nova in Superior Court, G.”
Ouellette v. Bldg. Inspector, 285 N.E.2d 423 (Mass. 1972). · cites it 3× “We hold that, where, as here, a building inspector acts outside the scope of his authority conferred by G. L. c. 40A, § 12, the appropriate means of redress in the absence of an adequate administrative remedy is through a petition for a writ of mandamus.”
Morganelli v. Bldg. Inspector of Canton, 388 N.E.2d 708 (Mass. App. Ct. 1979). “The law in effect at the time this action was brought was G. L. c. 40A, §§ 12 and 22, inserted by St.”
Cottone v. Cedar Lake, LLC, 854 N.E.2d 456 (Mass. App. Ct. 2006). · cites it 4× “At all times pertinent to its appeal, 6 G. L. c. 40A, § 12, inserted by St. 1975, c.”
Yaro v. Bd. of Appeals of Newburyport, 410 N.E.2d 725 (Mass. App. Ct. 1980). “” See G. L. c. 40A, § 12 (as appearing in St. 1975, c.”
Nextel Commc'ns of the Mid-Atl., Inc. v. Town of Hanson, 311 F. Supp. 2d 142 (D. Mass. 2004). “The ZBA is a zoning board of appeals under Mass. Gen. Laws ch. 40A, § 12. Individual named defendants are or were members of the ZBA.”
Welch v. Paicos, 66 F. Supp. 2d 138 (D. Mass. 1999). “See Mass. Gen. Laws ch. 40A, § 12 (West 1994).”
Jasper v. Michael A. Dolan, Inc., 242 N.E.2d 540 (Mass. 1968). “Moreover, if the ordinance was not complied with the liquor license should not have been issued, for G. L. c. 40A, § 12, requires all State, county and municipal officers to “refuse any permit or license for a new use of a building, structure or land which use would be in…”
Bearce v. Zoning Bd. of Appeals of Brockton, 219 N.E.2d 15 (Mass. 1966). “The superintendent’s power to withhold a permit was carefully delineated in G. L. c. 40A, § 12. There is no claim that he did not comply with that section.”
Burwick v. Zoning Bd. of Appeals of Worcester, 306 N.E.2d 455 (Mass. App. Ct. 1974). “The major portion of the delay in this case was pursuant to a vote of the board that it should await the outcome of pending litigation which would determine whether the board would have the power to issue a special permit or would be forbidden to do so by the provisions of G. L.…”
Bhd. of Alpha Upsilon, Inc. v. Zoning Bd. of Appeals of Bridgewater, 15 Mass. App. Ct. 991 (Mass. App. Ct. 1983). “There is no merit to the argument which the plaintiff has attempted under the present G. L. c. 40A, §§ 12 and 15, but the judgment is infected with numerous errors, not the least of which is the absence of findings of fact necessary to a determination of the propriety of the…”
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